From: Pomianek, KrisTo: (okeefe@amwhitewater.org); Annelise Lesmeister; Baker, Ryan;

Bill Fraser (bill.fraser@parks.wa.gov); Bob Goedde; Charles Sablan; Dennis Baker (dbakdds@nwi.net); Heit, Ray; Jim Eychaner (jim.eychaner@rco.wa.gov); Jim Harris (jim.harris@parks.wa.gov); Jim Urness (jamesurness@hotmail.com); Joe Kastenholz (jkastenholz@fs.fed.us); Karyl Oules; Mike Steele; Pomianek, Kris; Richard Uhlhorn; Roni Freund; Scott and Connie McKellar; Smith, Michelle; Tim Hollingsworth; Wai Peterson; Bob Huber; Bob Whitehall (bwhitehall.city@entiat.org); christine.parsons@parks.wa.gov; Dennis Beich; Diane Priebe; Karen Kelleher; Keith Vradenburg; Ken Finicle (ken.finicle@pse.com); Mike Wyant; Pat Irle; Patrick Verhey (patrick.verhey@dfw.wa.gov); Steve Lewis; Susan Rosebrough; Tim Weaver; Tony Eldred;

cc: Sokolowski, Rosana; Bitterman, Deborah; Subject: Relocation of the Turtle Rock Island Acclimation FacilityDate: Wednesday, September 15, 2010 9:59:40 AMAttachments: Final for Forums hatchery amendment 2010 (reduced file size).pdf

Good morning everyone. I am attaching a letter for your review, that describes Chelan PUD's request to FERC to relocate the Turtle Rock Island Acclimation Facility on the Columbia River for summer Chinook rearing and acclimation program to a new facility to be constructed at Chelan Falls near the Lake Chelan Project's Powerhouse. As a member of the Lake Chelan and/or Rocky Reach Recreation Forums, I request your comments on whether you believe that this relocation and new facility will conflict with Chelan PUD's ability to implement the Rocky Reach or Lake Chelan Recreation Management Plans. Please respond back to me by September 30 with any comments or if you concur with this request, no response is necessary. Thank you in advance for taking the time to review this request - Regards, Kris Kris Pomianek Recreation Resource Advisor Chelan County PUD PO Box 1231

mailto:/O=CHELAN COUNTY POWER/OU=CCPUDNT/CN=RECIPIENTS/CN=KRISmailto:okeefe@amwhitewater.orgmailto:annelise_lesmeister@nps.govmailto:/O=CHELAN COUNTY POWER/OU=CCPUDNT/cn=Recipients/cn=ryanemailto:bill.fraser@parks.wa.govmailto:bgoedde@cityofchelan.usmailto:csablan@cityofchelan.usmailto:dbakdds@nwi.netmailto:/O=CHELAN COUNTY POWER/OU=CCPUDNT/cn=Recipients/cn=Rayamailto:jim.eychaner@rco.wa.govmailto:jim.eychaner@rco.wa.govmailto:jim.harris@parks.wa.govmailto:jamesurness@hotmail.commailto:jkastenholz@fs.fed.usmailto:jkastenholz@fs.fed.usmailto:karyl.o@verizon.netmailto:director@lakechelan.commailto:/O=CHELAN COUNTY POWER/OU=CCPUDNT/cn=Recipients/cn=Krismailto:richarduhlhorn@gmail.commailto:roni@visitlakechelan.commailto:smttocs@nwi.netmailto:/O=CHELAN COUNTY POWER/OU=CCPUDNT/cn=Recipients/cn=michellemailto:holly@pinnacle-surveying.commailto:wai@mansonparks.commailto:bob.huber@alcoa.commailto:bwhitehall.city@entiat.orgmailto:christine.parsons@parks.wa.govmailto:beichdvb@dfw.wa.govmailto:diane_priebe@blm.govmailto:karen_kelleher@blm.govmailto:kvradenburg.city@entiat.orgmailto:ken.finicle@pse.commailto:mwyant@entiatschools.orgmailto:pirl461@ecy.wa.govmailto:patrick.verhey@dfw.wa.govmailto:Stephen_Lewis@fws.govmailto:susan_rosebrough@nps.govmailto:weavertimatty@quest.netmailto:eldredte@dfw.wa.govmailto:/O=CHELAN COUNTY POWER/OU=CCPUDNT/cn=Recipients/cn=rosanamailto:/O=CHELAN COUNTY POWER/OU=CCPUDNT/cn=Recipients/cn=deborahb

P U B L I C U T I L I T Y D I S T R I C T N O . 1 o f C H E L A N C O U N T Y P.O. Box 1231, Wenatchee, WA 98807-1231 • 327 N. Wenatchee Ave., Wenatchee, WA 98801

(509) 663-8121 • Toll free 1-888-663-8121 • www.chelanpud.org

COMMISSIONERS: Carnan Bergren, Dennis S. Bolz, Ann Congdon, Norm Gutzwiler, Randy Smith GENERAL MANAGER: John Janney

September 14, 2010 Honorable Kimberly D. Bose, Secretary, and Nathaniel J. Davis, Sr., Deputy Secretary FEDERAL ENERGY REGULATORY COMMISSION 888 First Street NE Washington, DC 20426 Re: Rock Reach Hydroelectric Project No. 2145

Request to Relocate Operation of Turtle Rock Island Fish Hatchery Facility and Construct Replacement Rearing and Acclimation Facility at Chelan Falls.

Dear Secretary Bose and Deputy Secretary Davis, Public Utility District No. 1 of Chelan County, Washington (Chelan PUD), licensee for the Rocky Reach Hydroelectric Project No. 2145 (Rocky Reach Project) and the Lake Chelan Hydroelectric Project No. 637 (Lake Chelan Project), hereby requests the Federal Energy Regulatory Commission’s (Commission) approval to relocate the Turtle Rock Island Acclimation Facility for the summer Chinook rearing and acclimation program to a new facility to be constructed at Chelan Falls, near the Lake Chelan Project’s powerhouse. The existing Turtle Rock Island Acclimation Facility is a project facility of the Rocky Reach Project. The new facility will be located on land that is within both the Rocky Reach and Lake Chelan project boundaries. The proposed facility change is based on consultation and agreement of the Rocky Reach and Rock Island Habitat Conservation Plans1 (HCPs) Hatchery Committees2. Chelan PUD supports the proposed use, based on the terms contained herein, which will not result in any adverse environmental impact. The proposed use is consistent with the recreation plan and operations for both the Rocky Reach and Lake Chelan projects.

1 Public Utility District No. 1 of Chelan County, et. al., 107 FERC ¶ 61,280 (2004); Public Utility District No. 1 of Chelan County, 107 FERC ¶ 61,281 (2004) (Rocky Reach); Public Utility District No. 1 of Chelan County, 107 FERC ¶ 61,282 (2004) (Rock Island) (HCP Orders). 2 Application for Approval of Rocky Reach and Rock Island Anadromous Fish Agreement and Habitat Conservation Plans (filed November 24, 2003) (HCPs) at Section 8.2.2.: The Hatchery committee shall oversee development of recommendations for implementation of the hatchery elements of the Agreement that the District responsible for funding. This includes overseeing the implementation of improvements, monitoring and evaluation relevant to the District’s hatchery programs, as identified in the Hatchery Compensation Plan, the Permit and this Agreement. The Hatchery Committee members include: Chelan County PUD, Douglas County PUD, Washington Department of Fish and Wildlife, Confederated Tribes of the Colville Indian Reservation, Confederated Tribes and Bands of the Yakama Nation, National Marine Fisheries Service, and the United States Fish and Wildlife Service.

Federal Energy Regulatory Commission

Rocky Reach Hydroelectric Project No. 2145 HCP Fish Hatcheries FN/35459 Page 2 September 2010

Background The Turtle Rock Island Acclimation Facility is operated as a mitigation facility for fishery impacts caused by construction and operation of the Rocky Reach Hydroelectric Project. The facility is located adjacent to the Columbia River two miles upstream from Rocky Reach Dam at river mile 475 on the Columbia River. The facility is used for Wenatchee steelhead and summer Chinook salmon rearing. (See Appendix A, Vicinity Map.) On February 19, 2009, the Commission issued an Order on Offer of Settlement and Issuing New License for the Rocky Reach Hydroelectric Project (License).3 Appendices (C) and (E) of Ordering Paragraphs (F) and (H), respectively, of the new License includes the National Marine Fisheries Service prescriptions and incidental intake statement. Appendix B of Ordering Paragraph (E) of the new License includes U.S. Fish and Wildlife Service prescriptions pursuant to Section 18 of the Federal Power Act of which Article 10 requires the following:

Article 10. Habitat Conservation Plan (a) The Licensee shall carry out its obligations as set forth in the 50-year HCP Agreement for the Rocky Reach Hydroelectric Project No. 2145, filed with the Commission on November 24, 2003, as approved by the Commission at 107 FERC ¶ 61,280 (2004) and 107 FERC ¶ 61,281 (2004), and prescribed by National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service pursuant to Section 18 of the Federal Power Act. Further, the licensee shall file with the Commission: (1) the final annual and comprehensive progress reports developed pursuant to the HCP; and (2) the final results of all studies and testing pursuant to the HCP. (b) Prior to taking any action pursuant to the HCP that requires a change in the authorized project facilities or operations not specifically identified in the HCP, the licensee shall file a license amendment application. (c) The licensee shall file design drawings prior to the implementation of any modification or addition to project works that is necessary to implement the HCP. The licensee shall file such design drawings for Commission approval at least 90 days prior to the start of construction or modification. The licensee will file as-built drawings with the Commission within six months after completion of construction or modification.

These ordering paragraphs provide for the relocation and replacement of fish facilities to improve the functionality and productivity of fish measures to meet the objectives identified by the HCP Committees. Project description and schedule Chelan PUD, in conjunction with the HCP Hatchery Committees and other project stakeholders have agreed4 that the final rearing and acclimation for the Turtle Rock Island summer Chinook program be moved to a new facility to be built and operational in 2011. The new facility is to be located in Chelan Falls, near the Lake Chelan Project’s powerhouse. The new yearling program will be made up of 400,000 fish from the conversion of subyearlings and an additional 200,000 fish from the current production requirements (subject to revision in 2013 per the HCP). The HCP Hatchery Committees agree that relocating the rearing and acclimation of summer Chinook from the Turtle Rock Island Acclimation Facility to an area near Chelan Falls will result in fish returning to that location and will compliment the new fish habitat improvements made in the Reach 4 section of the Chelan River under the Lake Chelan Project’s new license.5

3 Public Utility District No. 1 of Chelan County, 126 FERC ¶61,138 (License). 4 See consultation record attached. 5 Public Utility District No. 1 of Chelan County, 117 FERC ¶62,129.

Federal Energy Regulatory Commission

HCP Fish Hatcheries Rocky Reach Hydroelectric Project No. 2145 September 2010 Page 3 FN/35459

The rearing and acclimation facility at Chelan Falls will include a pump station on the left bank of the new Chelan Falls Powerhouse tailrace, rearing ponds, a volitional fish outlet, a waste cleaning system, and various support buildings associated with the facility. To meet the schedule for this project, the District proposes implementing the work in three phases. The first phase is site grading and relocation of an existing waterline. The second phase will be advance bidding of long lead equipment such as pumps, pump barrels, pump controls, and intake fish screens. The third phase of the project will be construction of in-water structures, all facility structures, and installation of the pump equipment. The supporting design report is attached as Appendix B. As required by Article 302 of the Rocky Reach Project License, on June 3, 2010, Chelan PUD submitted contract plans and specifications, a quality control and inspection program, a temporary construction emergency action plan, and a soil erosion and sediment control plan for the first phase of work to the Division of Dam Safety and Inspections Portland Regional Engineer (with two copies to the Commission). Chelan PUD will file as-built drawings with the Commission upon completion of the project. The cost for developing the new facility is estimated to between $3.7 and $8.2 million. Chelan PUD will fund construction and own the facility upon completion. The proposed construction schedule is as follows:

October 2010 Phase 1 – site grading and relocation of an existing waterline. Fall 2010 Phase 2 – Advertising for pumps, pump controls, and intake fish screens. Spring/Summer 2011 Phase 3 - Construction of facility structures and installation of pump

equipment. All facilities will be located within the existing Project boundaries and will require no additional acquisition of land. The work will not involve the disturbance of any new areas. No modification of the Project boundaries will be sought or required to accommodate the proposed relocation. Documentation of permitting and consultation with appropriate agencies Chelan PUD has obtained all necessary rights and permits from the federal, state, county, or municipal authorities in connection with the construction of the project works covered by this request and intends to comply with any applicable regulations. Permit documentation is attached as Appendix C. The new facility will be conducted using Best Management Practices and in accordance to the guidelines identified through the permitting process. Chelan PUD completed consultation with the Washington State Historical Preservation Officer (SHPO) and potentially-affected Indian tribes about the need for a cultural resources survey. Documentation of consultation is attached as Appendix D. (CPUD is pursuing this consultation and will insert in final FERC submittal.) In addition, Chelan PUD requested comments from the Rocky Reach Recreation Forum, Rocky Reach Fish Forum and the Rocky Reach Wildlife Forum (established in the Rocky Reach Project Comprehensive Settlement Agreement for relicensing) to ensure the proposed work is compatible with the Commission approved management plans and Project operations. (CPUD is sending draft amendment to forums and will insert consultation in final FERC submittal.) All comments were considered in this application. Any recommendations not accepted by Chelan PUD have been identified along with Chelan PUD’s reasons. Refer to Appendix D for consultation documentation.

APPENDIX A – VICINITY MAP

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GENERAL

INDEX TO DRAWINGS,

TITLE

INDEX OF DRAWINGS

GENERAL1

3

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GENERAL ABBREVIATIONS

2 INDEX TO DRAWINGS, LOCATION AND VICINITY MAPS

15

16

COVER SHEET

5

6

7

8

17

18

CIVIL & MECHANICAL LEGEND

STATEMENT OF SPECIAL INSPECTIONS

OVERALL SITE PLAN

CIVIL SITE PLAN

CIVIL DETAILS

TESC PLAN

PILE AT FISH RETURN SITE - PLAN

PILE AT FISH RETURN SITE - SECTION

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SHEET

NO.

PILES AT PUMP STATION SITE - PLAN

PILES AT PUMP STATION SITE - SECTION

BID NO. 10-21

CIVIL

STRUCTURAL

9

TEMPORARY ACCESS AT PUMP STATION SITE - PLAN10

11 TEMPORARY ACCESS AT PUMP STATION SITE - SECTION

12 TEMPORARY ACCESS AT FISH RETURN SITE - PLAN

13 TEMPORARY ACCESS AT FISH RETURN SITE - SECTION

TEMPORARY ACCESS GRADING PLAN

4044-50GA-0013

4044-50GA-0014

4044-50GA-0015

4044-50GA-0016

4044-50GA-0017

4044-50GA-0018

4044-50CI-0029

4044-50CI-0030

4044-50CI-0031

4044-50CI-0032

4044-50CI-0033

4044-50CI-0034

4044-50CI-0035

4044-50CI-0036

4044-50ST-0001

4044-50ST-0002

4044-50ST-0003

4044-50ST-0004

DRAWING

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4044-50GA-0014J. KAPLA

V. AUTIER

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-371503

CHELAN COUNTY

POWERCEII CLASSIFIED DOCUMENT

CONFIDENTIAL AND PROPRIETARY

INFORMATION OF

CHELAN COUNTY PUD#1

DO NOT COPY OR DISSEMINATE

WITHOUT PUD APPROVAL

18

MAY 2010

DRAFT-NOT FOR CONSTRUCTION

CHELAN FALLS REARING/ACCLIMATION FACILITY-IN WATER WORK

ORIGINAL SIGNED BY:

DATE ORIGINAL SIGNED:

DOCUMENTS STORED AT: CHELAN PUD

NO. 1 OF CHELAN COUNTY, WENATCHEE, WA

VINCENT AUTIER

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LOCATION MAPVICINITY MAP

APPENDIX B – SUPPORTING DESIGN REPORT

(to be inserted in final FERC submittal)

APPENDIX C – PERMITS

HYDRAULIC PROJECT APPROVALWashingtonDepartment ofFISH andWILDLIFE

1550 Alder Street NWEphrata, WA 98823-9699(509) 754-4624

North Central

RCW 77.55.021 - See appeal process at end of HPA

Project Expiration Date: August 22, 2015Control Number:FPA/Public Notice #:

Issue Date: August 23, 2010 120999-1N/A

ATTENTION: Waikele HamptonPO Box 1231Wenatchee, WA 98807-1231509-661-4627

PERMITTEE AUTHORIZED AGENT OR CONTRACTORPublic Utility District No. 1 of Chelan County

Fax: 509-661-8165

Project Name:

Project Description:

Chelan Falls Rearing Acclimation Facility

Construction of a new fish rearing facility comprised of two 30 ft X 250 ftrearing ponds, a cleaning waste system, two buildings, power and pumpstation and an outfall.

1. TIMING LIMITATIONS: The project may begin: 23 August 2010 and shall be completed by 22August 2015, PROVIDED:a) Work below the ordinary high water line shall be conducted only between 1 July and 28 Februaryof any year, unless cofferdam is in place,b) Vegetation shall be planted within 1 year of in project implementation,c) Vegetation success to 80% shall be assured prior to the end date of this permit.

2. NOTIFICATION REQUIREMENT: Prior to the start of construction activities Enforcement OfficerOswald shall receive notification at 509-662-0452 or email at Eric.Oswald@dfw.wa.gov from theperson to whom this Hydraulic Project Approval (HPA) is issued (permittee) or the agent/contractor.The notification shall include the permittee's name, project location, starting date for work orcompletion date of work, and the control number for this HPA.

3. NOTIFICATION REQUIREMENT: The Area Habitat Biologist listed below shall receivenotification from the person to whom this Hydraulic Project Approval (HPA) is issued (permittee) orthe agent/contractor, and again within seven days of completion of work to arrange for acompliance inspection. The notification shall include the permittee's name, project location, startingdate for work or completion date of work, and the control number for this HPA.

4. This Hydraulic Project Approval allows the construction of a new fish rearing facility comprised oftwo 30 ft X 250 ft rearing ponds, a cleaning waste system, two buildings, power and pump stationand an outfall.

5. Work shall be accomplished per plans and specifications approved by the WashingtonDepartment of Fish and Wildlife entitled JARPA and dated 28 November 2008, except as modifiedby this Hydraulic Project Approval. A copy of these plans shall be available on site duringconstruction.

PROVISIONS

8Page 1 of

HYDRAULIC PROJECT APPROVALWashingtonDepartment ofFISH andWILDLIFE

1550 Alder Street NWEphrata, WA 98823-9699(509) 754-4624

North Central

RCW 77.55.021 - See appeal process at end of HPA

Project Expiration Date: August 22, 2015Control Number:FPA/Public Notice #:

Issue Date: August 23, 2010 120999-1N/A

SITE PREPARATION6. In areas where the bank will be disturbed, prior to starting work, temporary filter fabric fence shallbe installed to prevent sediment from entering the stream. Accumulated sediments shall beremoved during the project and prior to removing the filter fence after completion of work.

7. The type of filter fabric used shall be based on soil conditions at the site: for soils that will passUS standard sieve 200 the equivalent opening size (EOS) shall be selected to retain 85% of thesoil; for all other soil types the EOS shall be no larger than US standard sieve 100.

8. A trench following the contour should be excavated approximately 8 inches wide and 12 inchesdeep along the line of the posts and upslope from the barrier.

9. For standard strength filter fabric, a wire mesh support fence shall be fastened securely to theupslope side of the posts and the fabric stapled or wired to the mesh. For extra strength fabric thewire mesh fence may be eliminated.

10. The trench shall be backfilled with native material or three-quarter inch minimum diameterwashed gravel.

11. Any large wood, native vegetation, weed-free topsoil or native material displaced duringconstruction shall be stockpiled for use in site restoration.

12. All temporary erosion controls shall be in place and appropriately installed down slope ofapplicable project activities until site restoration is complete.

ISOLATION OF IN-WATER WORK:13. Prior to any in-water work for the construction of the pump water supply, bank protection oroutfall, a barrier, such as a middleweight curtain floating barrier, shall be installed around theperimeter of the work area and a sheet pile cofferdam shall be installed.

14. Pile installation or pile driving shall be accomplished using a vibratory floating and/or otherWDFW authorized pile drive or pile driving system only.

15. If pilings are installed using a drop or impact hammer, sound attenuation shall be employed.

16. Pile drivers may use constructed work platforms, e.g., a barge, to access construction locations.

17. Pile driving shall occur only during daylight hours.

18. The permittee shall capture and safely move food fish, game fish, and other fish life from the jobsite.The permittee shall have fish capture and transportation equipment ready and on the jobsite.Captured fish shall be immediately and safely transferred to free-flowing water downstream ofthe project site.The permittee may request the Washington Department of Fish and Wildlife assistin capturing and safely moving fish life from the job site to free-flowing water, and assistance may

8Page 2 of

HYDRAULIC PROJECT APPROVALWashingtonDepartment ofFISH andWILDLIFE

1550 Alder Street NWEphrata, WA 98823-9699(509) 754-4624

North Central

RCW 77.55.021 - See appeal process at end of HPA

Project Expiration Date: August 22, 2015Control Number:FPA/Public Notice #:

Issue Date: August 23, 2010 120999-1N/A

be granted if personnel are available.

PUMP STATION19. The screens shall be installed such that they are lowered to the riverbed directly above theirintended position.

20. Maintenance, cleaning and/or removal shall be done in a manner such that the screens areraised and lowered in their intended locations. The screens and pipe shall not be dragged along theriverbed.

21. Any device used for diverting or pumping water from a fish-bearing stream shall be equippedwith a fish guard to prevent passage of fish into the diversion device pursuant to RCW 77.57.010.To prevent fish from entering the system the pump intake shall be screened with either:a. 0.06 inch (eighteen gauge) woven wire mesh with openings no greater than 0.087 inches; orb. Perforated plate with openings no greater than 0.094 inch (3/32 inch); orc. Profile bar with openings no greater than 1.75 millimeter (0.069 inch).

22. The screened intake shall consist of a facility with enough surface area to ensure that thevelocity through the screen is less than four-tenths feet per second, but in no case shall the surfacearea be less than one square foot. Screens shall be maintained to prevent injury or entrapment tojuvenile fish and screens shall remain in place whenever water is withdrawn from the streamthrough the pump intake.

OUTFALL23. The outfall pipe pier shall be constructed completely in the dry or isolated from any water usinga form or cofferdam.Any water that comes in contact with concrete within the form shall be pumpedto an upland location.See provision 46.

24. The end of the pipe shall be located such that it will be protected during high flows in a mannerthat will not negatively impact fish passage or stream flows.

25. The outfall shall be constructed to prevent the entry of fish.

26. The stream bank at the point of discharge shall be armored to prevent scouring.

27. Excavation for the placement of armoring materials shall be isolated from the wetted perimeter.

28. The outfall facility shall be maintained by the owner(s) per RCW 77.57.030 to ensure continued,unimpeded fish passage.If the structure becomes a hindrance to fish passage, the owner(s) shallbe responsible for obtaining a Hydraulic Project Approval and providing prompt repair.Financialresponsibility for maintenance and repairs shall be that of the owner.

EQUIPMENT AND WATER QUALITY29. Equipment used for this project below or within 25 feet of the Ordinary High Water Lineoperating with hydraulic fluid shall use only those fluids certified as non-toxic to aquatic organisms.

8Page 3 of

HYDRAULIC PROJECT APPROVALWashingtonDepartment ofFISH andWILDLIFE

1550 Alder Street NWEphrata, WA 98823-9699(509) 754-4624

North Central

RCW 77.55.021 - See appeal process at end of HPA

Project Expiration Date: August 22, 2015Control Number:FPA/Public Notice #:

Issue Date: August 23, 2010 120999-1N/A

30. The contractor shall develop an adequate, site specific Spill Prevention and Countermeasure orPollution Control Plan which shall include: site plan and narrative describing methods of erosionand sediment control; methods for confining, removing, and disposing of excess constructionmaterials and measures for equipment washout facilities; a spill containment plan; and measures toreduce/recycle hazardous and non-hazardous wastes.

31. The spill containment control plan shall include the following information: notificationprocedures, specific cleanup and disposal instructions for different products, quick responsecontainment and cleanup measures, proposed methods of disposal of spilled materials andemployee training on spill containment.

32. Materials for containment and cleanup shall be available onsite during pre-construction,construction and restoration phases of the project.

33. Vehicle staging, cleaning, maintenance, refueling, and fuel storage shall be located a minimumof 150 feet from the tailrace waters, Chelan or Columbia Rivers, or any other water body.

34. When heavy equipment is used, the equipment selected shall have the least adverse effects onthe environment, e.g., minimally sized, low ground pressure.

35. Equipment used for this project shall be free of external petroleum-basedproducts.Accumulation of soils or debris shall be removed from the drive mechanisms (wheels,tires, tracks, etc.) and undercarriage of equipment prior to its use within 150 feet of adjacentwaterbody. Equipment shall be checked daily for leaks and any necessary repairs shall becompleted prior to commencing work activities.

36. Heavy equipment shall work from onshore staging areas with the exception of an excavator armor bucket.

37. Equipment used for this project shall not enter or operate below the ordinary high water line.

38. All stationary power equipment such as generators, cranes or stationary drilling equipment,operated within 150 feet of any waterbody shall be diapered to prevent leaks unless suitablecontainment is provided to prevent potential spills from entering the water.

39. All treated wood piling and lumber to be used for the project shall meet or exceed the standardsestablished in, 'Best Management Practices For the Use of Treated Wood in Aquatic Environments'developed by the Western Wood Preservers Institute, revised July 1996.All ACZA, e.g., Chemonitetreated wood piling and lumber, shall be treated by the manufacturer per the Post TreatmentProcedures outlined in 'BMP Amendment #1 - Amendment to the Best Management Practices forthe Use of Treated Wood in Aquatic Environments: USA Version - Revised July 1996', by theWestern Wood Preservers Institute dated April 17, 2002 or current revision.

40. If ACZA treated wood is used all ACZA wood treatment methods shall be verified by providing a

8Page 4 of

HYDRAULIC PROJECT APPROVALWashingtonDepartment ofFISH andWILDLIFE

1550 Alder Street NWEphrata, WA 98823-9699(509) 754-4624

North Central

RCW 77.55.021 - See appeal process at end of HPA

Project Expiration Date: August 22, 2015Control Number:FPA/Public Notice #:

Issue Date: August 23, 2010 120999-1N/A

signed and dated certification from a third party.

41. All treated wood shall be professionally treated and completely cured prior to installation belowthe ordinary high water line to minimize leaching into the water or substrate. The use of woodtreated with creosote or pentachlorophenol is not authorized.

42. Wooden components in contact with the water shall not contain creosote or pentachlorophenol.This shall include pilings, beams, structural supports, and decking. These components shall remainfree of these toxic substances for the duration of their functional lives.

43. All waste material such as construction debris, silt, excess dirt or overburden resulting from thisproject shall be deposited above the limits of floodwater in an approved upland disposal site.

44. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, fresh cement,sediments, sediment-laden water, chemicals, or any other toxic or deleterious materials are allowedto enter or leach into the stream.

45. No concrete or fresh cement shall be poured directly within, allowed to fall or leach into or,wasted within the area below the Ordinary High Water Line (OHWL) or wetted perimeter of theriver.

46. Authorized concrete work shall be done completely in the dry and totally landward of the currentwetted perimeter at the time of construction. Concrete and concrete by-products shall becompletely sealed off from the wetted perimeter, above the OHWL and totally contained throughthe use of sealed forms and or other watertight leak-proof containment. No concrete or concrete by-products shall be allowed to contaminate the shoreline areas.

47. All authorized fresh concrete shall be protected from the weather and cured a minimum ofseven (7) days prior to contact with the elements and/or state waters.

48. Wastewater from project activities and water removed from within the work area shall be routedto an area landward of the ordinary high water line to allow removal of fine sediment and othercontaminants prior to being discharged to the stream.

49. No substances harmful or toxic to fish or shellfish such as wood, metal or concretepreservatives, paints, sealers or glues shall be applied to any part of the in-water systems at anytime during its functional life without prior approval from WDFW.

50. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, orwater quality problems develop (including equipment leaks or spills), immediate notification shall bemade to the Washington Military Department Emergency Management Division, and to the AreaHabitat Biologist listed below.You may not resume work until the Washington Department of Fishand Wildlife gives approval. The Washington Department of Fish and Wildlife may requireadditional measures to mitigate the impacts.

8Page 5 of

HYDRAULIC PROJECT APPROVALWashingtonDepartment ofFISH andWILDLIFE

1550 Alder Street NWEphrata, WA 98823-9699(509) 754-4624

North Central

RCW 77.55.021 - See appeal process at end of HPA

Project Expiration Date: August 22, 2015Control Number:FPA/Public Notice #:

Issue Date: August 23, 2010 120999-1N/A

SITE RESTORATION51. Damaged banks shall be restored to a natural slope pattern and profile that is suitable forestablishment of permanent woody vegetation.

52. To prevent future erosion, stem invasion of noxious weeds and partially restore, reclaim orenhance any disturbed or degraded areas of the project site, the permittee shall re-vegetate withnative erosion control grass seed mix such as one consisting of: 30% Hard fescue (Festucatrachyphylla), 20% Sheep fescue (Festuca ovina, 20% Crested wheatgrass (Agropyrondesertorum), 20% Rush intermediate wheatgrass (Thinopyrum intermedium), 10% Sherman bigbluegrass (Poa secunda 'Sherman') at a rate of 10-12 lbs/acre.

53. Upon completion of this project, all temporary structures, devices materials or equipment shallbe completely removed from the site and all excess spoils and/or waste materials properlydisposed of as per provision 43. The bed, bank and shoreline areas shall be fully restored to asclose to their pre-project natural condition as possible.

54. When floating or submerged large wood debris must be moved to allow the reasonable use ofin-water facilities, the wood shall be relocated within the water at a similar depth and location suchthat it will continue to provide comparable aquatic habitat function in the new location.

55. The permittee shall profusely vegetate the bank with a diverse assemblage of species native tothe project area or region such as, but not limited to: black cottonwood (Populus trichocarpa), red-osier dogwood (Cornus stolonifera) and any of the following: water birch (Betula occidentalis),mountain alder (Alnus incana), Pacific willow (Salix lasiandra), coyote willow (Salix exigua), Woodsrose (Rosa woodsii) or Nootka rose (Rosa nutkana). Noxious or invasive plants shall not be used.

56. All of the above required woody, riparian plants shall consist of large bare root nursery orcontainer stock or, local transplanted native cuttings, spaced a minimum of 3 to 5 feet on center(except black cottonwood which can be spaced on 10 foot centers), shall be protected from deer,beaver, rodents, etc., regularly watered and weeded, and properly maintained until established, andreplaced as necessary for a period of at least three (3) years to assure and achieve aminimum of 80% survival by the end of the third growing season.Vegetation shall be establishedbefore 1 May of the year following construction.

57. The final site condition shall ensure that there is no net loss of aquatic productivity, fish orshellfish life or their habitats resulting from this project and shall not produce any negative or long-term cumulative impacts to local fish life and their habitat.

8Page 6 of

HYDRAULIC PROJECT APPROVALWashingtonDepartment ofFISH andWILDLIFE

1550 Alder Street NWEphrata, WA 98823-9699(509) 754-4624

North Central

RCW 77.55.021 - See appeal process at end of HPA

Project Expiration Date: August 22, 2015Control Number:FPA/Public Notice #:

Issue Date: August 23, 2010 120999-1N/A

Location #1 Chelan Falls Acclimation Pond

WRIA: Tributary to:

1/4 SEC: Range:Section: Township:

47.0052 Columbia RiverLatitude: Longitude:

SE 1/4 30 27 N 23 E N 47.805872603 W 119.98748192

Chelan River (rb)County:

Chelan

WORK START: WORK END:August 23, 2010 August 22, 2015

Powerhouse Road, Chelan Falls - adjacent to Powerhouse Park parking area.

Waterbody:

Location #1 Driving Directions

PROJECT LOCATIONS

APPLY TO ALL HYDRAULIC PROJECT APPROVALS

This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code,specifically Chapter 77.55 RCW (formerly RCW 77.20). Additional authorization from other public agencies may benecessary for this project. The person(s) to whom this Hydraulic Project Approval is issued is responsible for applyingfor and obtaining any additional authorization from other public agencies (local, state and/or federal) that may benecessary for this project.

This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by theperson(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work.

This Hydraulic Project Approval does not authorize trespass.

The person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work may be heldliable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of thisHydraulic Project Approval.

Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to onehundred dollars per day and/or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment.

All Hydraulic Project Approvals issued under RCW 77.55.021 are subject to additional restrictions, conditions, orrevocation if the Department of Fish and Wildlife determines that changed conditions require such action. Theperson(s) to whom this Hydraulic Project Approval is issued has the right to appeal those decisions. Procedures forfiling appeals are listed below.

Requests for any change to an unexpired HPA must be made in writing. Requests for new HPAs must be made bysubmitting a new complete application. Send your requests to the department by: mail to the Washington Departmentof Fish and Wildlife, Habitat Program, 600 Capitol Way North, Olympia, Washington 98501-1091; e-mail toHPAapplications@dfw.wa.gov; fax to (360) 902-2946; or hand-delivery to the Natural Resources Building, 1111Washington St SE, Habitat Program, Fifth floor.

8Page 7 of

HYDRAULIC PROJECT APPROVALWashingtonDepartment ofFISH andWILDLIFE

1550 Alder Street NWEphrata, WA 98823-9699(509) 754-4624

North Central

RCW 77.55.021 - See appeal process at end of HPA

Project Expiration Date: August 22, 2015Control Number:FPA/Public Notice #:

Issue Date: August 23, 2010 120999-1N/A

APPEALS INFORMATION

If you wish to appeal the issuance, denial, conditioning, or modification of a Hydraulic Project Approval (HPA), you mayrequest an informal or formal appeal.

A. INFORMAL APPEALS: WAC 220-110-340 is the rule describing how to request an informal appeal of WashingtonDepartment of Fish and Wildlife (WDFW) actions taken under Chapter 77.55 RCW. Please refer to that rule forcomplete informal appeal procedures. The following information summarizes that rule.

A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request an informalappeal of that action. You must send your request to WDFW by: mail to the Washington Department of Fish andWildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia, Washington 98501-1091; e-mail toHPAapplications@dfw.wa.gov; fax to (360) 902-2946; or hand-delivery to the Natural Resources Building, 1111Washington St SE, Habitat Program, Fifth floor. WDFW must receive your request within 30 days from the date youreceive notice of the decision. If you agree, and you applied for the HPA, resolution of the appeal may be facilitatedthrough an informal conference with the WDFW employee responsible for the decision and a supervisor. If a resolutionis not reached through the informal conference, or you are not the person who applied for the HPA, the HPA AppealsCoordinator or designee will conduct an informal hearing and recommend a decision to the Director or designee. If youare not satisfied with the results of the informal appeal, you may file a request for a formal appeal.

B. FORMAL APPEALS: WAC 220-110-350 is the rule describing how to request a formal appeal of WDFW actionstaken under Chapter 77.55 RCW. Please refer to that rule for complete formal appeal procedures. The followinginformation summarizes that rule.

A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request a formalappeal of that action. You must send your request for a formal appeal to the clerk of the Pollution Control HearingsBoards and serve a copy on WDFW within 30 days from the date you receive notice of the decision. You may serveWDFW by mail to the Washington Department of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North,Olympia, Washington 98501-1091; e-mail to HPAapplications@dfw.wa.gov; fax to (360) 902-2946; or hand-delivery tothe Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. The time period for requesting aformal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, youmay request a formal appeal within 30 days from the date you receive the Director's or designee's written decision inresponse to the informal appeal.

C. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS: If there is no timely request for an appeal, theWDFW action shall be final and unappealable.

for DirectorWDFWConnie Iten 509-826-3123

ENFORCEMENT: Sergeant Brown (49) P2

Habitat Biologist

CC: Chelan County Planning - emailedD. Martin, ACOE - emailedG. Graf, Ecology, Yakima - emailedC. Winther, WADNR - emailedNOAA Fisheries, Ellensburg - emailedUSFWS, Wenatchee - emailed

8Page 8 of

APPENDIX D – CONSULTATION DOCUMENTATION

(cultural and forum consultation to be inserted in final FERC submittal)

Statement of Agreement for the Program Conversion and Movement of the Turtle Rock Summer Chinook Hatchery Program to a New Facility near the Chelan Falls

Powerhouse1.

Rocky Reach and Rock Island HCP Hatchery Committees May 17th, 2006

Statement The Rocky Reach and Rock Island HCP Hatchery Committees agree that Chelan PUD should move final rearing and acclimation for the Turtle Rock summer Chinook program, to a new facility that will be built near the Chelan Powerhouse area. The new yearling program will be made up of 400,000 fish from the conversion from subyearlings and an additional 200,000 fish from the current production requirements (that are subject to revision in 2013 per the HCP). The District agrees to consider retaining some portion of the subyearling program, as long as it can be accommodated within the current future facility modifications that have been agreed to by the hatchery committee previously. Background Originally, the District built a spawning channel on Turtle Rock Island to mitigate for lost spawning areas in the mainstem Columbia for late-run (summer/fall) Chinook. It was built to accommodate 300 Chinook pairs (600 fish total). The following highlights programmatic changes that have occurred since 1963. • 1963: two acre pond built to improve fry survival • 1967: it was agreed that this program was a failure due to poor survival for spawners

and juveniles • 1968: a new agreement was reached that changed production to coho (for fish culture

reasons) • 1975: installed two portable raceways, immediately downstream of RR for this

program • 1977: installed three more raceways for a survival study • 1980: the District and WDF agreed to experiment with rearing summer Chinook in

addition to the coho program (which had been about 500,000 fish per year). The intent of this agreement was to raise 500,000 summer Chinook, with 300,000 raised as accelerated subyearlings, and the other 200,000 raised to yearlings. This program required additional portable raceways, so the total was increased to eight.

• 1984: As part of the first interim stipulation, 200,000 late-run Chinook were designated for passage losses

• 1993: Coho program terminated under the auspices of the third revised stipulation,2 it was abandoned because of poor performance (number of returning adults) in favor of

1 This document was revised in May 2006 from an original agreement considered by the Committee in 2005. 2 The first agreement signed between the agencies and tribes and the District occurred in 1979 under what is called the “mid-Columbia Proceeding.” The original agreement lasted until 1984, when an interim stipulation of the was entered into for 2 years for Rocky Reach (Rock Island’s portion of the mid-C Proceeding was satisfied under the Settlement Agreement through the relicensing process in 1989). Further interim stipulations were agreed to through 1995 (which

a fall Chinook program. District required to fund the raising of 54,400 pounds of fall Chinook and 30,000 pounds of steelhead (no change).

• Current Chinook production goals are 200,000 yearlings and 1,694,000 subyearlings. WDFW has proposed that the subyearling program be converted to a yearling program (1,694,000 subyearlings to 400,000 yearlings), and that the final rearing of the fish be moved from Turtle Rock to the area near Chelan Falls, so a local fishery can be developed in the vicinity. Achieving this objective is more in line with the original intent of the hatchery program goals, and is recommended in the BAMP:

“In Phase B, production of 1,620,000 subyearling summer Chinook salmon at Rocky Reach FH would be changed to 400,000 marked yearling summer chinook for acclimation and release from a facility (preferably near Whitestone Creek confluence) on the Okanogan River.” (Section 2.66, page 59)

“Stray” rates from the Turtle Rock program can be extensive in some years. Since the fish are released in the mainstem upstream of Rocky Reach Dam, fish are not necessarily, homed into a specific return location. Therefore, releasing fish raised on Chelan River water will most likely have them return to that location. This relocation should compliment the new habitat improvements that the District will make under its new license in the lower section of the Chelan River. Survival of yearling fish compared to subyearlings is much higher, so less infrastructure and resource (broodstock) would be necessary to achieve the same number of adults returning.

was the fourth). Efforts were made to enter into a 5th interim stipulation, but were abandoned because the HCP negotiations were under way at the time. The HCP specifically states that the RI settlement agreement and all other processes for Rocky Reach (the only legally binding process is the Biological Opinion for the construction of the bypass trap, and the new BiOp for the HCP) will be superceded upon FERC’s insertion of the HCP into our licenses.

Rocky Reach and Rock Island HCP Hatchery Committees Statement of Agreement on Production Levels for

Chelan County PUD’s Turtle Rock Summer Chinook Hatchery Program October 18th, 2006

Statement The HCP Hatchery Committee (HC) agrees that the hatchery production levels to be raised at the new facility at Chelan Falls shall not exceed 600,000 yearling summer Chinook, 400,000 for original inundation and no greater than 200,000 for Rocky Reach passage losses. The HC agrees that broodstock collection, holding and spawning for the Chelan Falls facility will continue to be conducted at Wells Hatchery, unless the HCP HC agrees in the future that new information warrants a change. Background At the May 17, 2006 meeting, the HCP HC agreed to change the current Turtle Rock summer Chinook program from approximately 1.6 million sub yearlings to 400,000 yearlings, raised at a new facility at Chelan Falls. In addition, there is currently a component of the Turtle Rock Island hatchery program that can be adjusted beginning in 2013. The current production level for the adjustable component of the program is 200,000 fish. Since this is primarily a harvest augmentation program, which most likely will supplement a limited spawning habitat (being constructed in the lower Chelan River under the new license), it seems reasonable that the production from this facility should be capped at 600,000 yearling Chinook. Further, since this program is not designed to supplement an existing locally adapted population, the broodstock for this program will be collected and spawning will be conducted at the Wells Hatchery, unless the HCP HC agrees in the future that new information warrants a change in broodstock source. Carcass surveys at the Chelan River confluence have consistently shown that the majority of Chinook spawning at this location are of hatchery origin, predominately of Wells stock released from Wells Hatchery and Turtle Rock.

Rocky Reach and Rock Island HCP Hatchery Committees Statement of Agreement on Operation of

Chelan County PUD’s Chelan Falls Summer Chinook Hatchery Program November 15, 2006

Statement The HCP Hatchery Committee (HC) agrees that the operation of the Chelan Falls summer/fall Chinook rearing pond is independent of the operations of the Lake Chelan powerhouse and the implementation of the Lake Chelan license and is not linked nor will interfere with operations of the powerhouse in any way for the life of the HCPs. If it is determined by the HC that powerhouse operation is substantially altered in ways that adversely affects the efficacy of the program, the HC shall consider changes in the hatchery program. To the extent practicable, Chelan PUD will coordinate internally to minimize impacts to the Chelan Falls summer Chinook Rearing Facility while not impairing the District’s ability to operate the Lake Chelan Hydroelectric Project in a manner consistent with the District’s objectives for that project. Background At the May 17, 2006 meeting, the HCP HC agreed to change the current Turtle Rock summer Chinook program from approximately 1.6 million subyearlings to 400,000 yearlings, raised at a new facility at Chelan Falls. In addition, there is currently a component of the Turtle Rock hatchery program that can be adjusted beginning in 2013. The current production level for that component of the program is 200,000 fish. On October 18, 2006, the HCP HC further agreed to cap the production of the program at this facility at 600,000 fish. This was agreed to so Chelan could begin design and implementation of the construction of the site. One of the primary reasons that this program is being moved from its current location on Turtle Rock Island is to increase homing fidelity to the release site. Furthermore, the primary purpose of this program is to provide a fishery for the original inundation of Rocky Reach Reservoir. By moving the program to Chelan Falls area and rearing on Chelan River (Lake) water, the HCP HC agrees that 1) homing fidelity to the release area should increase, and 2) a local fishery will most likely develop in the area, similar to what currently occurs near the mouth of the Okanogan River. However, there may be very limited times when the source water (Lake Chelan) may not be the primary water source because of powerhouse operations. Analysis suggests that this should occur less than 10% of the time fish would be rearing at the site.

Rocky Reach and Rock Island HCP Hatchery Committee Statement of Agreement

Regarding Transition to a 600,000 Yearling Summer Chinook Program Approved at January 20, 2010 meeting

Statement The Rocky Reach HCP Hatchery Committee (HC) agrees that Chelan PUD (District) may implement a 600,000 Columbia River yearling summer Chinook program for brood year 2010, and thereafter until subsequent modification by Periodic Adjustment of District Hatchery Levels (RR HCP § 8.4.3). The new yearling program will be made up of 400,000 yearling smolts (inundation-not subject to§ 8.4.3) from the conversion from subyearlings and an additional 200,000 yearling smolts from the current production requirements (subject to § 8.4.3). The District anticipates having the capacity to acclimate 600,000 yearling smolts at the new Chelan Falls facility by 2011. In the event that Chelan Falls facility is not complete by 2011, the District requests approval to acclimate the 600,000 yearling smolts at the Chelan net pens (up to 200,000) and Turtle Rock Island (400,000) as an interim measure. Background This SOA serves several purposes: (1) implement the HC approved transition of the Turtle Rock summer Chinook program to 600k yearlings, (2) reduce facility demands on Douglas PUD’s Wells hatchery and (3) provide adequate notification for changes to broodstock collection numbers. In 2006, the HC agreed to transition the summer Chinook program to 600,000 yearling smolts: The Rocky Reach and Rock Island HCP Hatchery Committees agree that Chelan PUD should move final rearing and acclimation for the Turtle Rock summer Chinook program, to a new facility that will be built near the Chelan Powerhouse area. The new yearling program will be made up of 400,000 fish from the conversion from subyearlings and an additional 200,000 fish from the current production requirements (that are subject to revision in 2013 per the HCP)1. The transition to a 600,000 yearling smolt program will decrease the number of broodstock collected. This reduction would be reflected in the 2010 broodstock collection protocols. Summer Chinook broodstock would be collected and held at Wells hatchery but spawning and incubation would occur at Eastbank. The relocation of summer Chinook culture activities to Eastbank hatchery will reduce demands on Wells hatchery. 1 May 17, 2006 SOA: Statement of Agreement for the Program Conversion and Movement of the Turtle Rock Summer Chinook Hatchery Program to a New Facility near the Chelan Falls Powerhouse

Wenatchee, WA 98801 509-661-4186 work 509-679-0813 cellular kris.pomianek@chelanpud.org

P U B L I C U T I L I T Y D I S T R I C T N O . 1 o f C H E L A N C O U N T Y P.O. Box 1231, Wenatchee, WA 98807-1231 • 327 N. Wenatchee Ave., Wenatchee, WA 98801

(509) 663-8121 • Toll free 1-888-663-8121 • www.chelanpud.org

COMMISSIONERS: Carnan Bergren, Dennis S. Bolz, Ann Congdon, Norm Gutzwiler, Randy Smith GENERAL MANAGER: John Janney

September 14, 2010 Honorable Kimberly D. Bose, Secretary, and Nathaniel J. Davis, Sr., Deputy Secretary FEDERAL ENERGY REGULATORY COMMISSION 888 First Street NE Washington, DC 20426 Re: Rock Reach Hydroelectric Project No. 2145

Request to Relocate Operation of Turtle Rock Island Fish Hatchery Facility and Construct Replacement Rearing and Acclimation Facility at Chelan Falls.

Dear Secretary Bose and Deputy Secretary Davis, Public Utility District No. 1 of Chelan County, Washington (Chelan PUD), licensee for the Rocky Reach Hydroelectric Project No. 2145 (Rocky Reach Project) and the Lake Chelan Hydroelectric Project No. 637 (Lake Chelan Project), hereby requests the Federal Energy Regulatory Commission’s (Commission) approval to relocate the Turtle Rock Island Acclimation Facility for the summer Chinook rearing and acclimation program to a new facility to be constructed at Chelan Falls, near the Lake Chelan Project’s powerhouse. The existing Turtle Rock Island Acclimation Facility is a project facility of the Rocky Reach Project. The new facility will be located on land that is within both the Rocky Reach and Lake Chelan project boundaries. The proposed facility change is based on consultation and agreement of the Rocky Reach and Rock Island Habitat Conservation Plans1 (HCPs) Hatchery Committees2. Chelan PUD supports the proposed use, based on the terms contained herein, which will not result in any adverse environmental impact. The proposed use is consistent with the recreation plan and operations for both the Rocky Reach and Lake Chelan projects.

1 Public Utility District No. 1 of Chelan County, et. al., 107 FERC ¶ 61,280 (2004); Public Utility District No. 1 of Chelan County, 107 FERC ¶ 61,281 (2004) (Rocky Reach); Public Utility District No. 1 of Chelan County, 107 FERC ¶ 61,282 (2004) (Rock Island) (HCP Orders). 2 Application for Approval of Rocky Reach and Rock Island Anadromous Fish Agreement and Habitat Conservation Plans (filed November 24, 2003) (HCPs) at Section 8.2.2.: The Hatchery committee shall oversee development of recommendations for implementation of the hatchery elements of the Agreement that the District responsible for funding. This includes overseeing the implementation of improvements, monitoring and evaluation relevant to the District’s hatchery programs, as identified in the Hatchery Compensation Plan, the Permit and this Agreement. The Hatchery Committee members include: Chelan County PUD, Douglas County PUD, Washington Department of Fish and Wildlife, Confederated Tribes of the Colville Indian Reservation, Confederated Tribes and Bands of the Yakama Nation, National Marine Fisheries Service, and the United States Fish and Wildlife Service.

Federal Energy Regulatory Commission

Rocky Reach Hydroelectric Project No. 2145 HCP Fish Hatcheries FN/35459 Page 2 September 2010

Background The Turtle Rock Island Acclimation Facility is operated as a mitigation facility for fishery impacts caused by construction and operation of the Rocky Reach Hydroelectric Project. The facility is located adjacent to the Columbia River two miles upstream from Rocky Reach Dam at river mile 475 on the Columbia River. The facility is used for Wenatchee steelhead and summer Chinook salmon rearing. (See Appendix A, Vicinity Map.) On February 19, 2009, the Commission issued an Order on Offer of Settlement and Issuing New License for the Rocky Reach Hydroelectric Project (License).3 Appendices (C) and (E) of Ordering Paragraphs (F) and (H), respectively, of the new License includes the National Marine Fisheries Service prescriptions and incidental intake statement. Appendix B of Ordering Paragraph (E) of the new License includes U.S. Fish and Wildlife Service prescriptions pursuant to Section 18 of the Federal Power Act of which Article 10 requires the following:

Article 10. Habitat Conservation Plan (a) The Licensee shall carry out its obligations as set forth in the 50-year HCP Agreement for the Rocky Reach Hydroelectric Project No. 2145, filed with the Commission on November 24, 2003, as approved by the Commission at 107 FERC ¶ 61,280 (2004) and 107 FERC ¶ 61,281 (2004), and prescribed by National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service pursuant to Section 18 of the Federal Power Act. Further, the licensee shall file with the Commission: (1) the final annual and comprehensive progress reports developed pursuant to the HCP; and (2) the final results of all studies and testing pursuant to the HCP. (b) Prior to taking any action pursuant to the HCP that requires a change in the authorized project facilities or operations not specifically identified in the HCP, the licensee shall file a license amendment application. (c) The licensee shall file design drawings prior to the implementation of any modification or addition to project works that is necessary to implement the HCP. The licensee shall file such design drawings for Commission approval at least 90 days prior to the start of construction or modification. The licensee will file as-built drawings with the Commission within six months after completion of construction or modification.

These ordering paragraphs provide for the relocation and replacement of fish facilities to improve the functionality and productivity of fish measures to meet the objectives identified by the HCP Committees. Project description and schedule Chelan PUD, in conjunction with the HCP Hatchery Committees and other project stakeholders have agreed4 that the final rearing and acclimation for the Turtle Rock Island summer Chinook program be moved to a new facility to be built and operational in 2011. The new facility is to be located in Chelan Falls, near the Lake Chelan Project’s powerhouse. The new yearling program will be made up of 400,000 fish from the conversion of subyearlings and an additional 200,000 fish from the current production requirements (subject to revision in 2013 per the HCP). The HCP Hatchery Committees agree that relocating the rearing and acclimation of summer Chinook from the Turtle Rock Island Acclimation Facility to an area near Chelan Falls will result in fish returning to that location and will compliment the new fish habitat improvements made in the Reach 4 section of the Chelan River under the Lake Chelan Project’s new license.5

3 Public Utility District No. 1 of Chelan County, 126 FERC ¶61,138 (License). 4 See consultation record attached. 5 Public Utility District No. 1 of Chelan County, 117 FERC ¶62,129.

Federal Energy Regulatory Commission

HCP Fish Hatcheries Rocky Reach Hydroelectric Project No. 2145 September 2010 Page 3 FN/35459

The rearing and acclimation facility at Chelan Falls will include a pump station on the left bank of the new Chelan Falls Powerhouse tailrace, rearing ponds, a volitional fish outlet, a waste cleaning system, and various support buildings associated with the facility. To meet the schedule for this project, the District proposes implementing the work in three phases. The first phase is site grading and relocation of an existing waterline. The second phase will be advance bidding of long lead equipment such as pumps, pump barrels, pump controls, and intake fish screens. The third phase of the project will be construction of in-water structures, all facility structures, and installation of the pump equipment. The supporting design report is attached as Appendix B. As required by Article 302 of the Rocky Reach Project License, on June 3, 2010, Chelan PUD submitted contract plans and specifications, a quality control and inspection program, a temporary construction emergency action plan, and a soil erosion and sediment control plan for the first phase of work to the Division of Dam Safety and Inspections Portland Regional Engineer (with two copies to the Commission). Chelan PUD will file as-built drawings with the Commission upon completion of the project. The cost for developing the new facility is estimated to between $3.7 and $8.2 million. Chelan PUD will fund construction and own the facility upon completion. The proposed construction schedule is as follows:

October 2010 Phase 1 – site grading and relocation of an existing waterline. Fall 2010 Phase 2 – Advertising for pumps, pump controls, and intake fish screens. Spring/Summer 2011 Phase 3 - Construction of facility structures and installation of pump

equipment. All facilities will be located within the existing Project boundaries and will require no additional acquisition of land. The work will not involve the disturbance of any new areas. No modification of the Project boundaries will be sought or required to accommodate the proposed relocation. Documentation of permitting and consultation with appropriate agencies Chelan PUD has obtained all necessary rights and permits from the federal, state, county, or municipal authorities in connection with the construction of the project works covered by this request and intends to comply with any applicable regulations. Permit documentation is attached as Appendix C. The new facility will be conducted using Best Management Practices and in accordance to the guidelines identified through the permitting process. Chelan PUD completed consultation with the Washington State Historical Preservation Officer (SHPO) and potentially-affected Indian tribes about the need for a cultural resources survey. Documentation of consultation is attached as Appendix D. (CPUD is pursuing this consultation and will insert in final FERC submittal.) In addition, Chelan PUD requested comments from the Rocky Reach Recreation Forum, Rocky Reach Fish Forum and the Rocky Reach Wildlife Forum (established in the Rocky Reach Project Comprehensive Settlement Agreement for relicensing) to ensure the proposed work is compatible with the Commission approved management plans and Project operations. (CPUD is sending draft amendment to forums and will insert consultation in final FERC submittal.) All comments were considered in this application. Any recommendations not accepted by Chelan PUD have been identified along with Chelan PUD’s reasons. Refer to Appendix D for consultation documentation.

APPENDIX A – VICINITY MAP

2

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GENERAL

INDEX TO DRAWINGS,

TITLE

INDEX OF DRAWINGS

GENERAL1

3

4

GENERAL ABBREVIATIONS

2 INDEX TO DRAWINGS, LOCATION AND VICINITY MAPS

15

16

COVER SHEET

5

6

7

8

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18

CIVIL & MECHANICAL LEGEND

STATEMENT OF SPECIAL INSPECTIONS

OVERALL SITE PLAN

CIVIL SITE PLAN

CIVIL DETAILS

TESC PLAN

PILE AT FISH RETURN SITE - PLAN

PILE AT FISH RETURN SITE - SECTION

14

SHEET

NO.

PILES AT PUMP STATION SITE - PLAN

PILES AT PUMP STATION SITE - SECTION

BID NO. 10-21

CIVIL

STRUCTURAL

9

TEMPORARY ACCESS AT PUMP STATION SITE - PLAN10

11 TEMPORARY ACCESS AT PUMP STATION SITE - SECTION

12 TEMPORARY ACCESS AT FISH RETURN SITE - PLAN

13 TEMPORARY ACCESS AT FISH RETURN SITE - SECTION

TEMPORARY ACCESS GRADING PLAN

4044-50GA-0013

4044-50GA-0014

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4044-50GA-0017

4044-50GA-0018

4044-50CI-0029

4044-50CI-0030

4044-50CI-0031

4044-50CI-0032

4044-50CI-0033

4044-50CI-0034

4044-50CI-0035

4044-50CI-0036

4044-50ST-0001

4044-50ST-0002

4044-50ST-0003

4044-50ST-0004

DRAWING

NO.

4044-50GA-0014J. KAPLA

V. AUTIER

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-371503

CHELAN COUNTY

POWERCEII CLASSIFIED DOCUMENT

CONFIDENTIAL AND PROPRIETARY

INFORMATION OF

CHELAN COUNTY PUD#1

DO NOT COPY OR DISSEMINATE

WITHOUT PUD APPROVAL

18

MAY 2010

DRAFT-NOT FOR CONSTRUCTION

CHELAN FALLS REARING/ACCLIMATION FACILITY-IN WATER WORK

ORIGINAL SIGNED BY:

DATE ORIGINAL SIGNED:

DOCUMENTS STORED AT: CHELAN PUD

NO. 1 OF CHELAN COUNTY, WENATCHEE, WA

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APPENDIX B – SUPPORTING DESIGN REPORT

(to be inserted in final FERC submittal)

APPENDIX C – PERMITS

HYDRAULIC PROJECT APPROVALWashingtonDepartment ofFISH andWILDLIFE

1550 Alder Street NWEphrata, WA 98823-9699(509) 754-4624

North Central

RCW 77.55.021 - See appeal process at end of HPA

Project Expiration Date: August 22, 2015Control Number:FPA/Public Notice #:

Issue Date: August 23, 2010 120999-1N/A

ATTENTION: Waikele HamptonPO Box 1231Wenatchee, WA 98807-1231509-661-4627

PERMITTEE AUTHORIZED AGENT OR CONTRACTORPublic Utility District No. 1 of Chelan County

Fax: 509-661-8165

Project Name:

Project Description:

Chelan Falls Rearing Acclimation Facility

Construction of a new fish rearing facility comprised of two 30 ft X 250 ftrearing ponds, a cleaning waste system, two buildings, power and pumpstation and an outfall.

1. TIMING LIMITATIONS: The project may begin: 23 August 2010 and shall be completed by 22August 2015, PROVIDED:a) Work below the ordinary high water line shall be conducted only between 1 July and 28 Februaryof any year, unless cofferdam is in place,b) Vegetation shall be planted within 1 year of in project implementation,c) Vegetation success to 80% shall be assured prior to the end date of this permit.

2. NOTIFICATION REQUIREMENT: Prior to the start of construction activities Enforcement OfficerOswald shall receive notification at 509-662-0452 or email at Eric.Oswald@dfw.wa.gov from theperson to whom this Hydraulic Project Approval (HPA) is issued (permittee) or the agent/contractor.The notification shall include the permittee's name, project location, starting date for work orcompletion date of work, and the control number for this HPA.

3. NOTIFICATION REQUIREMENT: The Area Habitat Biologist listed below shall receivenotification from the person to whom this Hydraulic Project Approval (HPA) is issued (permittee) orthe agent/contractor, and again within seven days of completion of work to arrange for acompliance inspection. The notification shall include the permittee's name, project location, startingdate for work or completion date of work, and the control number for this HPA.

4. This Hydraulic Project Approval allows the construction of a new fish rearing facility comprised oftwo 30 ft X 250 ft rearing ponds, a cleaning waste system, two buildings, power and pump stationand an outfall.

5. Work shall be accomplished per plans and specifications approved by the WashingtonDepartment of Fish and Wildlife entitled JARPA and dated 28 November 2008, except as modifiedby this Hydraulic Project Approval. A copy of these plans shall be available on site duringconstruction.

PROVISIONS

8Page 1 of

HYDRAULIC PROJECT APPROVALWashingtonDepartment ofFISH andWILDLIFE

1550 Alder Street NWEphrata, WA 98823-9699(509) 754-4624

North Central

RCW 77.55.021 - See appeal process at end of HPA

Project Expiration Date: August 22, 2015Control Number:FPA/Public Notice #:

Issue Date: August 23, 2010 120999-1N/A

SITE PREPARATION6. In areas where the bank will be disturbed, prior to starting work, temporary filter fabric fence shallbe installed to prevent sediment from entering the stream. Accumulated sediments shall beremoved during the project and prior to removing the filter fence after completion of work.

7. The type of filter fabric used shall be based on soil conditions at the site: for soils that will passUS standard sieve 200 the equivalent opening size (EOS) shall be selected to retain 85% of thesoil; for all other soil types the EOS shall be no larger than US standard sieve 100.

8. A trench following the contour should be excavated approximately 8 inches wide and 12 inchesdeep along the line of the posts and upslope from the barrier.

9. For standard strength filter fabric, a wire mesh support fence shall be fastened securely to theupslope side of the posts and the fabric stapled or wired to the mesh. For extra strength fabric thewire mesh fence may be eliminated.

10. The trench shall be backfilled with native material or three-quarter inch minimum diameterwashed gravel.

11. Any large wood, native vegetation, weed-free topsoil or native material displaced duringconstruction shall be stockpiled for use in site restoration.

12. All temporary erosion controls shall be in place and appropriately installed down slope ofapplicable project activities until site restoration is complete.

ISOLATION OF IN-WATER WORK:13. Prior to any in-water work for the construction of the pump water supply, bank protection oroutfall, a barrier, such as a middleweight curtain floating barrier, shall be installed around theperimeter of the work area and a sheet pile cofferdam shall be installed.

14. Pile installation or pile driving shall be accomplished using a vibratory floating and/or otherWDFW authorized pile drive or pile driving system only.

15. If pilings are installed using a drop or impact hammer, sound attenuation shall be employed.

16. Pile drivers may use constructed work platforms, e.g., a barge, to access construction locations.

17. Pile driving shall occur only during daylight hours.

18. The permittee shall capture and safely move food fish, game fish, and other fish life from the jobsite.The permittee shall have fish capture and transportation equipment ready and on the jobsite.Captured fish shall be immediately and safely transferred to free-flowing water downstream ofthe project site.The permittee may request the Washington Department of Fish and Wildlife assistin capturing and safely moving fish life from the job site to free-flowing water, and assistance may

8Page 2 of

HYDRAULIC PROJECT APPROVALWashingtonDepartment ofFISH andWILDLIFE

1550 Alder Street NWEphrata, WA 98823-9699(509) 754-4624

North Central

RCW 77.55.021 - See appeal process at end of HPA

Project Expiration Date: August 22, 2015Control Number:FPA/Public Notice #:

Issue Date: August 23, 2010 120999-1N/A

be granted if personnel are available.

PUMP STATION19. The screens shall be installed such that they are lowered to the riverbed directly above theirintended position.

20. Maintenance, cleaning and/or removal shall be done in a manner such that the screens areraised and lowered in their intended locations. The screens and pipe shall not be dragged along theriverbed.

21. Any device used for diverting or pumping water from a fish-bearing stream shall be equippedwith a fish guard to prevent passage of fish into the diversion device pursuant to RCW 77.57.010.To prevent fish from entering the system the pump intake shall be screened with either:a. 0.06 inch (eighteen gauge) woven wire mesh with openings no greater than 0.087 inches; orb. Perforated plate with openings no greater than 0.094 inch (3/32 inch); orc. Profile bar with openings no greater than 1.75 millimeter (0.069 inch).

22. The screened intake shall consist of a facility with enough surface area to ensure that thevelocity through the screen is less than four-tenths feet per second, but in no case shall the surfacearea be less than one square foot. Screens shall be maintained to prevent injury or entrapment tojuvenile fish and screens shall remain in place whenever water is withdrawn from the streamthrough the pump intake.

OUTFALL23. The outfall pipe pier shall be constructed completely in the dry or isolated from any water usinga form or cofferdam.Any water that comes in contact with concrete within the form shall be pumpedto an upland location.See provision 46.

24. The end of the pipe shall be located such that it will be protected during high flows in a mannerthat will not negatively impact fish passage or stream flows.

25. The outfall shall be constructed to prevent the entry of fish.

26. The stream bank at the point of discharge shall be armored to prevent scouring.

27. Excavation for the placement of armoring materials shall be isolated from the wetted perimeter.

28. The outfall facility shall be maintained by the owner(s) per RCW 77.57.030 to ensure continued,unimpeded fish passage.If the structure becomes a hindrance to fish passage, the owner(s) shallbe responsible for obtaining a Hydraulic Project Approval and providing prompt repair.Financialresponsibility for maintenance and repairs shall be that of the owner.

EQUIPMENT AND WATER QUALITY29. Equipment used for this project below or within 25 feet of the Ordinary High Water Lineoperating with hydraulic fluid shall use only those fluids certified as non-toxic to aquatic organisms.

8Page 3 of

HYDRAULIC PROJECT APPROVALWashingtonDepartment ofFISH andWILDLIFE

1550 Alder Street NWEphrata, WA 98823-9699(509) 754-4624

North Central

RCW 77.55.021 - See appeal process at end of HPA

Project Expiration Date: August 22, 2015Control Number:FPA/Public Notice #:

Issue Date: August 23, 2010 120999-1N/A

30. The contractor shall develop an adequate, site specific Spill Prevention and Countermeasure orPollution Control Plan which shall include: site plan and narrative describing methods of erosionand sediment control; methods for confining, removing, and disposing of excess constructionmaterials and measures for equipment washout facilities; a spill containment plan; and measures toreduce/recycle hazardous and non-hazardous wastes.

31. The spill containment control plan shall include the following information: notificationprocedures, specific cleanup and disposal instructions for different products, quick responsecontainment and cleanup measures, proposed methods of disposal of spilled materials andemployee training on spill containment.

32. Materials for containment and cleanup shall be available onsite during pre-construction,construction and restoration phases of the project.

33. Vehicle staging, cleaning, maintenance, refueling, and fuel storage shall be located a minimumof 150 feet from the tailrace waters, Chelan or Columbia Rivers, or any other water body.

34. When heavy equipment is used, the equipment selected shall have the least adverse effects onthe environment, e.g., minimally sized, low ground pressure.

35. Equipment used for this project shall be free of external petroleum-basedproducts.Accumulation of soils or debris shall be removed from the drive mechanisms (wheels,tires, tracks, etc.) and undercarriage of equipment prior to its use within 150 feet of adjacentwaterbody. Equipment shall be checked daily for leaks and any necessary repairs shall becompleted prior to commencing work activities.

36. Heavy equipment shall work from onshore staging areas with the exception of an excavator armor bucket.

37. Equipment used for this project shall not enter or operate below the ordinary high water line.

38. All stationary power equipment such as generators, cranes or stationary drilling equipment,operated within 150 feet of any waterbody shall be diapered to prevent leaks unless suitablecontainment is provided to prevent potential spills from entering the water.

39. All treated wood piling and lumber to be used for the project shall meet or exceed the standardsestablished in, 'Best Management Practices For the Use of Treated Wood in Aquatic Environments'developed by the Western Wood Preservers Institute, revised July 1996.All ACZA, e.g., Chemonitetreated wood piling and lumber, shall be treated by the manufacturer per the Post TreatmentProcedures outlined in 'BMP Amendment #1 - Amendment to the Best Management Practices forthe Use of Treated Wood in Aquatic Environments: USA Version - Revised July 1996', by theWestern Wood Preservers Institute dated April 17, 2002 or current revision.

40. If ACZA treated wood is used all ACZA wood treatment methods shall be verified by providing a

8Page 4 of

HYDRAULIC PROJECT APPROVALWashingtonDepartment ofFISH andWILDLIFE

1550 Alder Street NWEphrata, WA 98823-9699(509) 754-4624

North Central

RCW 77.55.021 - See appeal process at end of HPA

Project Expiration Date: August 22, 2015Control Number:FPA/Public Notice #:

Issue Date: August 23, 2010 120999-1N/A

signed and dated certification from a third party.

41. All treated wood shall be professionally treated and completely cured prior to installation belowthe ordinary high water line to minimize leaching into the water or substrate. The use of woodtreated with creosote or pentachlorophenol is not authorized.

42. Wooden components in contact with the water shall not contain creosote or pentachlorophenol.This shall include pilings, beams, structural supports, and decking. These components shall remainfree of these toxic substances for the duration of their functional lives.

43. All waste material such as construction debris, silt, excess dirt or overburden resulting from thisproject shall be deposited above the limits of floodwater in an approved upland disposal site.

44. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, fresh cement,sediments, sediment-laden water, chemicals, or any other toxic or deleterious materials are allowedto enter or leach into the stream.

45. No concrete or fresh cement shall be poured directly within, allowed to fall or leach into or,wasted within the area below the Ordinary High Water Line (OHWL) or wetted perimeter of theriver.

46. Authorized concrete work shall be done completely in the dry and totally landward of the currentwetted perimeter at the time of construction. Concrete and concrete by-products shall becompletely sealed off from the wetted perimeter, above the OHWL and totally contained throughthe use of sealed forms and or other watertight leak-proof containment. No concrete or concrete by-products shall be allowed to contaminate the shoreline areas.

47. All authorized fresh concrete shall be protected from the weather and cured a minimum ofseven (7) days prior to contact with the elements and/or state waters.

48. Wastewater from project activities and water removed from within the work area shall be routedto an area landward of the ordinary high water line to allow removal of fine sediment and othercontaminants prior to being discharged to the stream.

49. No substances harmful or toxic to fish or shellfish such as wood, metal or concretepreservatives, paints, sealers or glues shall be applied to any part of the in-water systems at anytime during its functional life without prior approval from WDFW.

50. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, orwater quality problems develop (including equipment leaks or spills), immediate notification shall bemade to the Washington Military Department Emergency Management Division, and to the AreaHabitat Biologist listed below.You may not resume work until the Washington Department of Fishand Wildlife gives approval. The Washington Department of Fish and Wildlife may requireadditional measures to mitigate the impacts.

8Page 5 of

HYDRAULIC PROJECT APPROVALWashingtonDepartment ofFISH andWILDLIFE

1550 Alder Street NWEphrata, WA 98823-9699(509) 754-4624

North Central

RCW 77.55.021 - See appeal process at end of HPA

Project Expiration Date: August 22, 2015Control Number:FPA/Public Notice #:

Issue Date: August 23, 2010 120999-1N/A

SITE RESTORATION51. Damaged banks shall be restored to a natural slope pattern and profile that is suitable forestablishment of permanent woody vegetation.

52. To prevent future erosion, stem invasion of noxious weeds and partially restore, reclaim orenhance any disturbed or degraded areas of the project site, the permittee shall re-vegetate withnative erosion control grass seed mix such as one consisting of: 30% Hard fescue (Festucatrachyphylla), 20% Sheep fescue (Festuca ovina, 20% Crested wheatgrass (Agropyrondesertorum), 20% Rush intermediate wheatgrass (Thinopyrum intermedium), 10% Sherman bigbluegrass (Poa secunda 'Sherman') at a rate of 10-12 lbs/acre.

53. Upon completion of this project, all temporary structures, devices materials or equipment shallbe completely removed from the site and all excess spoils and/or waste materials properlydisposed of as per provision 43. The bed, bank and shoreline areas shall be fully restored to asclose to their pre-project natural condition as possible.

54. When floating or submerged large wood debris must be moved to allow the reasonable use ofin-water facilities, the wood shall be relocated within the water at a similar depth and location suchthat it will continue to provide comparable aquatic habitat function in the new location.

55. The permittee shall profusely vegetate the bank with a diverse assemblage of species native tothe project area or region such as, but not limited to: black cottonwood (Populus trichocarpa), red-osier dogwood (Cornus stolonifera) and any of the following: water birch (Betula occidentalis),mountain alder (Alnus incana), Pacific willow (Salix lasiandra), coyote willow (Salix exigua), Woodsrose (Rosa woodsii) or Nootka rose (Rosa nutkana). Noxious or invasive plants shall not be used.

56. All of the above required woody, riparian plants shall consist of large bare root nursery orcontainer stock or, local transplanted native cuttings, spaced a minimum of 3 to 5 feet on center(except black cottonwood which can be spaced on 10 foot centers), shall be protected from deer,beaver, rodents, etc., regularly watered and weeded, and properly maintained until established, andreplaced as necessary for a period of at least three (3) years to assure and achieve aminimum of 80% survival by the end of the third growing season.Vegetation shall be establishedbefore 1 May of the year following construction.

57. The final site condition shall ensure that there is no net loss of aquatic productivity, fish orshellfish life or their habitats resulting from this project and shall not produce any negative or long-term cumulative impacts to local fish life and their habitat.

8Page 6 of

HYDRAULIC PROJECT APPROVALWashingtonDepartment ofFISH andWILDLIFE

1550 Alder Street NWEphrata, WA 98823-9699(509) 754-4624

North Central

RCW 77.55.021 - See appeal process at end of HPA

Project Expiration Date: August 22, 2015Control Number:FPA/Public Notice #:

Issue Date: August 23, 2010 120999-1N/A

Location #1 Chelan Falls Acclimation Pond

WRIA: Tributary to:

1/4 SEC: Range:Section: Township:

47.0052 Columbia RiverLatitude: Longitude:

SE 1/4 30 27 N 23 E N 47.805872603 W 119.98748192

Chelan River (rb)County:

Chelan

WORK START: WORK END:August 23, 2010 August 22, 2015

Powerhouse Road, Chelan Falls - adjacent to Powerhouse Park parking area.

Waterbody:

Location #1 Driving Directions

PROJECT LOCATIONS

APPLY TO ALL HYDRAULIC PROJECT APPROVALS

This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code,specifically Chapter 77.55 RCW (formerly RCW 77.20). Additional authorization from other public agencies may benecessary for this project. The person(s) to whom this Hydraulic Project Approval is issued is responsible for applyingfor and obtaining any additional authorization from other public agencies (local, state and/or federal) that may benecessary for this project.

This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by theperson(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work.

This Hydraulic Project Approval does not authorize trespass.

The person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work may be heldliable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of thisHydraulic Project Approval.

Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to onehundred dollars per day and/or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment.

All Hydraulic Project Approvals issued under RCW 77.55.021 are subject to additional restrictions, conditions, orrevocation if the Department of Fish and Wildlife determines that changed conditions require such action. Theperson(s) to whom this Hydraulic Project Approval is issued has the right to appeal those decisions. Procedures forfiling appeals are listed below.