SG here it is and forgive typos as I had to convert it off a old PDF. Keep in mind that the mitigation numbers of fish produced has never been a issue other than the agencies around Coho which nobody knows what they were.



October a, 1992

To: Jim Harp, Quinault Tribe
From:Dave Gufler, Wildlife --••••
Re: Attached Letter to Corps

As you recall we signed a mitigation agreement (attached) this winter with the Cities of Al:)erdeen and Tacoma for fish losses at wynoochee Dam . oue to circumstances beyond our control the "hatchery" oonoept has been modified to accommodate concerns by several groups (i.e.Wild Trout Alliance). They have opposed the hatchery alternative and maintained other mitigation alternatives must be addressed in the NEPA document which will be rewritten by the Corps.

The Cities of Aberdeen and Tacoma have requested the Corps seprate Title Transfer and Rule curve Change from Mitigation Alternatives in the revised NEPA document. We supported this concept to expedite the process. The attached letter to the Corps is needed to clarify the original intent of the mitigation agreement and allow the Corps to correctly address the agreement in their NEPA analysis.

Harry Hosey, consultant for Tacoma will be contacting you to explain the need for the letter and request your signature.
If you have questions feel free to contact Bill Freymond or
myself.


DG/dg
cc: Jim Deshazo
Bill Freymond

APR 03'03 10:54AM WDFW MONTESANO P.3



AGREEMENT FOR
MITIGATION AHD ENHANCEMENT
AT WYNOOCHEE DAM


THIS AGREEMENT i s made and entered into by and between the Cities of Aberdeen and Tacoma, herei n referred to as the Cities, and the Washington State Departments of Wi ldl ife and Fi sheries, the U.S.Fish and Wil dl i fe Service, the U .S.Forest Service , the Quinaul t Indian Nation, and the Confederated Chehal is Tri beJ herei n referred ta as the Agenci es.
WHEREAS, the Cities desi re to mi tigate for impacts associated with impl ementation of a new higher reservoir rul e curve (Exhi bit A); and
WHEREAS, the Cities desi re to vol untarily pursue resol ution of past mi tigation issues on the Wynoochee Project; and
WHEREAS, the Citi es desire to vol untar11y •enhance fisheri es and
wi ldl ife resources; and
WHEREAS. the Corps of Engineer previ ously mitigated for lost spawning areas withi n the enti re reservcir perimeter; and
WHEREAS, the Ci ties are pursui ng transfer of titl e from the Corps of Engi neers to the City of Aberdeen; and
WHEREAS, the Agencies desire to protect, preserve, and enhance fi sheries and wi ldl i fe resources.

NOW THER£FOREJ the parties hereto agree as foll ows :•

1. MITIGATION OF NEW RESERVOIR RULE CURVE
The Cities agree to repl ace in val ue, by payment of $6,000 to the U.S. Forest Service, the elk forage planted in the Wynoochee Reservoir.
The U .S.Forest Service shall be responsible for usi ng this money•to create additional el k forage . •

2. RESOLUTION OF PAST MITIGATION ISSUES ON THE WYNOOCHEE PROJECT The Cities agree to pursue through the ongoing title transfer
legislation, funds to construct and operate a hatchery as descri bed in
Exhi bit B. Should the titl e transfer effort fail or Congress not approve the method of fundi ng the hatchery, the Agencies wi l l pursue resol ut;on of past mitigation with the owner of Wynoochee Dam .



Page l of 4

APR 03 103 10:55AM WDFl,J MONTESANO P.4



The goal of the hatchery is to annual ly produce the fol l owing: 1) a total of 1209 adul t Coho Salmon, whi ch may requi re an annual rel ease of approxi mately 55,700 Coho Salmon yearl i ng smolts weighi ng 16 fish/pound; and 2)a total of 254 adul t steel head, whi ch may equi re an annual rel ease of approxi mately 25,000 steel head yearl ings wei ghi ng 5 to 6 fi sh/pound.
The Ci ties further agree to design and construct said hatchery wi th said funds since construction may be signi ficantly less expensi ve as a part cf the major contract for constructi on of the hydroel ectri c project. A separate opti onal bid wil l be incl uded 1n the contract to . permi t the Departments of Fi sheri es and Wi l dl ife the option to proceed wi th or be paid the avai l abl e funds and proceed on thei r own. It i s understood that when the bids are recei ved, there Wi l l only be a very shart time peri od ta make a decisi on and to enter i nto an agreement to impl ement an opti on .

3. ENHANCEMENT OF FISHERIES RESOURCES
The Cities agree to commence studi es withi n six months of title transfer to determi ne i f the spring refi l l ing fl ood control rule curve may be mod1f1 ed to al l ow earl i er refi l l i ng, thus maki ng more water avail abl e to improve passage condi tions through the Wynoochee Reservoir for out-mi grati ng fish duri ng the peri od of Apri l 15 to
June 30 of each year . Thi s action wi l l requi re approval of the Corps of Engi neers and they have i ndi cated studi es may take e1ght months and . envi ronmental eval uation another year . The Ci ties agree to pursue the issue as expediti ously as al lowed.
The Citi es agree to enter into a Water Rel ease Agreement wi th the Washi ngton State Departments of Wil dl ife and Fi sheries to improve passage conditions through the Wynoochee Reservoi r for•out-migrati ng fish duri ng the peri od of Apri l 15 to June 30 of each year (see Agreement for Water Rel ease at Wynoochee Dam). The initi al agreement shall be executed concurrently wi th thi s agreement and future
modifi cati ons are subject to condi tions as specifi ed in that agreement.

4. AGENCIES AGREEMENT
The Agenci es agree to support the establ i shment of a new reservoi r rule curve shown in Exhi bi t A (see.attached copy) and agree that no further studies or mi tigati on for the new rul e curve i s necessary based on the measures contai ned i n thi s agreement.
The Agenci es agree that. the future study for a refi l l f l ood control
•rule curve modifi eati on •wil l merely permi t enhancement of fi sheries and the resu1 ts of that study are not needed for proceeding with the hydroel ectric devel opment or fee titl e transfer .



Page 2 of 4

APR 03 '03 10:55AM WDFW MONTESANO P.5




The Agencies agree that the successful impl ementation of the elements identified in thi s agreement resolve all mitigation cl aims for past damages on the Wynoochee Project . The•agenci es may request addit1 onal mitigati on and/or enhancement when the Project is rel icensed with the Federal Energy Regul atory Commission (FERC).
The Agenci es agree that i f the total funding as specified in Exhi bit B
{see attached copy) is received by the Washi ngton State Departments of Fisheri es and Wi l dl ife, said amounts are sufficient to construct the desired hatchery and operate the hatchery through the licensed period
{September 9, 2037). The facil ity shal l be owned, operated, and mai ntai ned by the Washi ngton State Departments of Fisheries and Wi l dl ife until the end of the l icensed period . Therefore, the Agenci es hereby rel ease the Cities from al1 further obl igations rel ated to the fish hatchery, or its annua1 . juveni1 e producti on, or annual adult returns, as proposed, unti l the end of the l icensed period (September 9, 2037).

5. RESOLUTION OF DISPUTES
Any di spute among the Parties concerni ng compl i ance with this Settl ement Agreement shal 1 first be referred to the Wynoochee Fi s.hery Advisory Committee (WFAC )for consideration . The WFAC shall be composed of one representative from the City of Tacoma, the Ci ty of Aberdeen, the Washi ngton Department of Fi sheries, the Washington Department of Wildl ife, the Quinaul t Indian Nati on, and the Confederated Chehal is Tribe. The WFAC shall convene as soon as pract 1'cab1e fol1 owing a written request by any Party. All decisians of the WFAC must be by consensus of al l WFAC representatives. In the event the Comm1ttee cannot resolve the di spute withi n ninety (90)days after its first meeti ng on said dispute, the WFAC wil l give notice of
. its fail ure to resol ve the dispute to al l Parties. Upon receipt of such notice, the chief executive officer (CEO)for each party hereto shall meet and attempt to resolve the d1spute . If the CEOs cannot resolve the dispute within 30 days after their initial meeti ng, the isue i n dispute may be referred ta the FERC for resolution pursuant to the FERC 's Rules of Practice and Procedure.
Upcn request by any Party, any dispute not resolved by consensus of the WFAC shall , prior to referral to.the FERC, be submitted to a mutually agreeabl e third party for decision, pursuant to procedures establ ished by the Parties. The arbitrator shall devel op a written record of the proceedings, including all submi ssions by the parties. The decision of the arbitrator shal l be nonbindi ng and subject to de novo FERC revi ew. The record of the arbitrati on proceedi ngs may be submitted to FERC by any Party u•n1 ess otherwise agreed. . •





Page :3 of 4







APR 03 '03 10:56AM WDFW MONTESANO P.6



Thi s agreement shall not be construed to supplant conditi ons of the FERC l icense, l imi t agenci es review of constructi on pl ans and mi ti gati on for constructi on i ssues, or l imi t revi ew and condi tions subsequent to ongoi ng surveys for the Spotted Owl and Bal d Eagl es.
Thi s agreement shal l have no effect on the exi sting col l ecti on and transportati on of fi sh in the watershed, management of el k miti gation l ands, or any exi sting operati ons prescri bed by the Corps of Engi neers .
Th i s agreement shal l be bi ndi ng on hei rs, successors, or assi gns.





STATE OF WASHINGTON
.DEPARTMENT OF WILDLIFE



NAME DATE '

STATE OF WASHINGTON
DEPARTMENT OF FISHERIES






•CONFEDERATED CHEHALIS TRIBE QUINAULT INDIAN NATION








•cITY OF ABERDEEN
DEPARTMENT OF PUBLIC WORKS

CITY OF TACOMA .
DEPARTMENT OF PUBLIC UTILITIES
LIGHT DIVISION .









......
WYN•OOC HEE- RESERVOlR