HomeMy WebLinkAboutWater Quality Certification No. 6128 - OT General - 11/21/2008 ST ATg O�
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STATE OF WASHINGTON Val ON W K +NIG DEPT.
DEPARTMENT OF ECOLOGY
PO Box 47775 • Olympia, Washington 98504-7775 • (360) 407-6300
November 21, 2008
REGISTERED MAIL
RB 252 945 823 US
North Forty Lodging, LLC
ATTN: Brian McGinnis
22526 SE 64`h Place; Suite 210
Issaquah, WA 98027
RE: Water Quality Certification Order No. 6128 for Corps Public Notice No. NWS-
2007-00732-SO to extend two stormwater outfalls and repair and modify an
existing marine float within the Hood Canal at the Alderbrook Resort& Spa,
Union, Mason County, Washington
Dear Mr. McGinnis:
On January 2, 2008, North Forty Lodging, LLC, submitted a Joint Aquatic Resource
Permit Application(JARPA) to the Department of Ecology (Ecology) for a Section 401
Water Quality Certification (401 Certification) under the federal Clean Water Act for the
proposed the construction of a public boat ramp within the Cowlitz River. The project
proposes to: 1) extend two stormwater outfalls from the existing shoreline to intertidal
depths -3feet mean lower low water; 2) repair and modify an existing marine float to
provide an outfall extension corridor, and 3) conduct beach restoration and intertidal
habitat improvements. The U.S. Army Corps of Engineers issued a public notice on
August 28, 2008 for the proposed project.
On behalf of the State of Washington, Ecology certifies that the work described in the
JARPA and the public notice complies with applicable provisions of Sections 301, 302,
303, 306 and 307 of the Clean Water Act, as amended and applicable state laws. This
certification is subject to the conditions contained in the enclosed Order.
If you have any questions, please contact Lori Ochoa at (360) 407-6926. The enclosed
Order may be appealed by following the procedures described in the Order.
r
Sincer y,
Perr and
uthwest Regional Office
Shorelands and Environmental Assistance Program
LO:th
Enclosure
cc: Olivia Romano, Corps of Engineers
Margie Schirato, WDFW
Shannon Soto, WADNR
Grace Miller, Mason County
Allison Reak, Sea-Run Consulting
Jason Van Gilder, Cosmopolitan Engineering Group
e-cc: Loree' Randall, HQ
Jeffree Stewart, SWRO/SEA
Deb Cornett, SWRO/WQ
Lori Ochoa, S WRO/SEA
IN THE MATTER OF GRANTING A ) ORDER#6128
WATER QUALITY ) Corps Reference No. NWS-2007-00732-SO
CERTIFICATION TO ) To extend two stormwater outfalls, replace
North Forty Lodging,LLC ) exisitng section of dock,remove of 21 creosote-
in accordance with 33 U.S.C. 1341 ) treated piles and replace with 21 steel piles
(FWPCA § 401), RCW 90.48.120, RCW ) within the Hood Canal near Union, Mason
90.48.260 and Chapter 173-201A WAC ) County, Washington.
)
TO: North Forty Lodging, LLC
ATTN: Mr. Brian McGinnis
22526 SE 64t"Place, Suite 210
Issaquah, Washington 98027
On January 2; 2008 North Forty Lodging, LLC submitted a Joint Aquatic Resource Permit
Application(JARPA)to the Department of Ecology(Ecology)requesting a Section 401 Water
Quality Certification. A public notice for a proposed water quality certification from Ecology
was distributed by the U.S. Army Corps of Engineers for the above-referenced project pursuant
to the provisions Chapter 173-225 WAC on August 28, 2008.
The project is proposing to extend two existing stormwater outfalls from approximately MHHW
to sub-tidal elevations, modify the existing marine float to reduce its grounding footprint, replace
21 creosote-treated wood piles with 21 galvanized steel piles within the Hood Canal at the
Alderbrook Resort& Spa, E. 7107 Highway 101, Union, Mason County, Washington 98592;
Section 33,Township 22 North, Range 3 West; WRIA 14, Kennedy-Goldsborough Watershed.
The project will restore approximately 0.14 acre of eroded upper intertidal beach by removing
debris, filling eroded channels with quarry spalis topped with a layer of native material or habitat
mix. Dock reconstruction will recover about 2,700 square feet of substrate under the dock from
grounding and increase light transmission through 5,234 square feet of new dock.Native material
and/or habitat mix will be used to re-grade the erosion that has occurred in the beach and restore
native grades.
AUTHORITIES:
In exercising authority under 33 U.S.C. 1341, 16 U.S.C. 1456,RCW 90.48.120, and RCW
90.48.260, Ecology has examined this application pursuant to the following:
1. Conformance with applicable water quality-based,technology-based, and.toxic or
pretreatment effluent limitations as provided under 33 U.S.C. Sections 131.1, 1312, 1313,
1316, and 1317 (FWPCA Sections 301, 303, 306 and 307);
Order#6128, Corps No.NWS-2007-00732-SO
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Page 2 of 8
2. Conformance with the state water quality standards contained in Chapter 173-201A WAC
and authorized by 33 U.S.C. 1313 and by Chapter 90.48 RCW, and with other applicable
state laws; and
3. Conformance with the provision of using all known, available and reasonable methods to
prevent and control pollution of state waters as required by RCW 90.48.010.
WATER QUALITY CERTIFICATION CONDITIONS:
Through issuance of this Order,Ecology certifies that it has reasonable assurance that the activity
as proposed and conditioned will:.be conducted in a manner that will not violate applicable water
quality standards and other appropriate requirements of state law. In view of the foregoing and in
accordance with 33 U.S.C. 1341, RCW 90.48.120,RCW 90.48.260 Chapter 173-200 WAC and
Chapter 173-201A WAC, water quality certification is granted to the Applicant subject to the
conditions within this Order.
Certification of this proposal does not authorize the Applicant to exceed applicable state water
quality standards(Chapter 173-201A WAC), ground water standards(Chapter 173-200 WAC)or
sediment quality standards (Chapter 173-204 WAC). Furthermore,nothing in this certification
shall absolve the Applicant from liability for contamination and any subsequent cleanup of
surface waters, ground waters or sediments occurring as a result of project construction or
operations.
A. General Conditions:
1. For purposes of this Order,the term"Applicant"shall mean North Forty Lodging,LLC
and its agents, assignees and contractors.
2. For purposes of this Order, all submittals required by its conditions shall be sent to
Ecology's Southwest Regional Office,Attn: Federal Permit Coordinator, SEA Program,
P.O. Box 47775, Olympia, WA 98504-7775. Any submittals shall reference Order No.
6128 and Corps No.NWS-2007-00732-SO.
3. Work authorized by this Order is limited to the work described in the JARPA received by
Ecology on January 2,2008. The Applicant will be out of compliance with this Order and
must reapply with an updated application if the information contained in the JARPA is
voided by subsequent changes to the project not authorized by this Order.
4. Within 30 days of receipt of an updated JARPA Ecology will determine if the revised
project requires a new Water Quality Certification and public Notice or if a modification
to this Order is required.
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5. This Order shall be rescinded if the U.S. Army Corps of Engineers does not issue a
Section 404 permit.
6. This Order does not exempt, and is provisional upon compliance with other statutes and
codes administered by federal, state, and local agencies. .
7. Copies of this Order shall be kept on the job site and readily available for reference by
P
Ecology personnel,the construction superintendent, construction managers and lead
workers, and state and local government inspectors.
8. The Applicant shall provide access to the project site and all mitigation sites upon request
by Ecology personnel for site inspections, monitoring,necessary data collection, and/or to
ensure that conditions of this Order are being met.
9. Nothing in this Order waives Ecology's authority to issue additional orders if Ecology
determines that further actions are necessary to implement the water quality laws of the
state. Further, Ecology retains continuing jurisdiction to make modifications hereto
through supplemental order, if additional impacts due to project construction or operation
are identified(e.g., violations of water quality standards, downstream erosion, etc.), or if
additional conditions are necessary to further protect water quality.
10. The Applicant shall ensure that all appropriate project engineers and contractors at the
project site have read and understand relevant conditions of this Order and all permits,
approvals, and documents referenced iri this Order, The Applicant shall provide Ecology
a signed statement(see Attachment A for an example) from each project engineer and
contractor that they have read and understand the conditions of this Order and the above
referenced permit,plans, documents, and approvals. These statements shall be provided
to Ecology before construction begins at the project site.
11. This Order does not authorize direct, indirect,permanent, or temporary impacts to waters
of the state or.related aquatic resources,except as specifically provided for in conditions
of this Order.
12. Any person who fails to comply with any provision of this Order shall be liable for a
penalty of up to ten thousand dollars($10,000)per violation for each day of continuing
noncompliance.
B. Water Quality Conditions:
1. This Order does'not authorize temporary exceedances of water quality standards beyond
the limits established in WAC 173-201 A-210(1)(e)(i).
2. During and immediately after project construction,the Applicant or their contractor shall
visually monitor for turbidity discharges at the point of compliance as specified in WAC
173-201 A-210(1)(e)(i). Monitoring points shall be at the point of compliance as specified
in WAC 173-201A-210(1)(e)(i)(D),which allows a radius of 150-foot temporary mixing
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zone from the point of in-water activities. A turbidimeter is recommended, however,
visual gauging of turbidity is acceptable.
a. For this project,the following is considered to be an exceedance of the standard:
• Project-related turbidity visible 150 feet from the in-water activity, OR
• 5 NTU over background turbidity when the background turbidity is 50 NTU or
less, or more than a ten(10)percent increase in turbidity when the background
turbidity is more than 50 NTU, at the point of compliance when a turbidimeter
is used
3. If water quality exceedances are observed outside of the point of compliance,work shall
cease immediately and the Applicant or the contractor shall assess the cause of the water
quality problem and take immediate action to stop, contain, correct the problem and/or
prevent further water quality turbidity exceedances. If an exceedance occurs, the
Applicant shall follow the protocols and notification procedures below:
a. Notification of exceedances that are detected through water quality monitoring shall
be made to Ecology within 24 hours of occurrence.Notification shall be made per .
Condition A2 above. The Applicant shall, at a minimum,provide Ecology with the
following information:
i. A description of the nature and cause of non-compliance, including the
quantity and quality of any unauthorized discharges;
ii. The period of non-compliance, including exact dates, duration, and times
and/or the anticipated time when the Applicant will return to compliance; and
iii. The steps taken, or to be taken, to reduce, eliminate,and prevent recurrence of
the non-compliance.
iv. In addition, within five(5)days after notification of an exceedance,the
Applicant shall submit a written report to Ecology that describes the nature of
the violation, corrective action taken and/or planned, steps to be taken to
prevent a recurrence,photographs, and any other pertinent information.
4. Mitigation and/or additional monitoring may be required if water quality standards are not
met.
C. Timing:
1. This Order is valid until all compliance requirements in this document have been met.
2. In-water work shall be subject to the timing limitations imposed by the most current
Hydraulic Project Approval (HPA) issued by Washington Department of Fish and
Wildlife(WDFW) for this project.
D. Notification Requirements:
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Written notification (FAX, e-mail, or mail) shall be made to Ecology's Southwest Regional
Office Federal Permit Coordinator in accordance with condition A.2 above for the following
activities:
a. At least ten (10) days prior to a pre-construction meeting
b. At least ten (10) days prior to the onset of any work on site
c. At least ten(10) days prior to the onset of in-water work
d. Within ten (10) days after completion of construction
e. Immediately following a violation of the state water quality standards or any
condition of this Order
E. Conditions for In-Water and Over-Water Construction Activities:
General Conditions:
1. All work in and near the water shall be done so as to minimize turbidity, erosion, and
other water quality impacts.
2. Construction stormwater, sediment, and erosion control Best Management Practices
(BMP's) suitable to prevent exceedances of state water quality standards shall be in place
before starting clearing, filling and grading work and shall be maintained throughout
construction.
3. Sediment and erosion control measures shall be inspected and maintained prior to and
during project implementation.
4. The project site shall be clearly marked/staked prior to construction. Clearing limits,
travel corridors and stockpile sites shall be clearly marked. Equipment shall enter and
operate only within the delineated clearing limits, corridors, and stockpile areas.
5. The Applicant shall establish a separate contained area for washing down vehicles and
equipment, which does not have any possibility of draining to surface waters and
wetlands. No wash water containing sediments, concrete, oils, grease, or other hazardous
materials resulting from wash down"of the work area,tools, and equipment including
concrete delivery trucks or other equipment used for concrete work shall not be
discharged into state waters or storm drains.
6. Project activities shall be conducted to minimize siltation of the beach area and bed.
7. The Applicant shall operate the barge(s) and boats in deep water so as to minimize
nearshore propeller wash impacts such as suspension of nearshore sediments.
8. Barges shall not be allowed to ground-out during construction.
9. All cast-in-place concrete shall be poured in the dry, or within confined waters not being
dewatered, and shall be completely cured prior to coming into contact with state waters.
Uncured concrete and concrete by-products shall be completely sealed off and totally
contained using sealed forms or other leak-proof containment systems, and not allowed to
contaminate or enter waters of the state.
10. During construction, the Applicant shall have a boat on site at all times to retrieve debris
from the water.
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11. All construction debris shall be properly disposed of upland so that it cannot enter a
waterway or wetland or cause water quality degradation to state waters.
12. Machinery and equipment used during construction shall be serviced, fueled, and
maintained on uplands in order to prevent contamination to surface waters.
13. Turbid water generated from construction activities, including turbid dewatering water,
shall not be discharged directly into waters of the state. Turbid water shall be pumped to
an upland area to allow the turbid water to settle. The discharge from the upland areas
shall meet water quality criteria at the point of discharge into surface waters and/or
wetlands
14. Dewatering water that is not turbid may be discharged directly to surface waters and/or
wetlands provided that: a)waste water containing raw concrete or other harmful material
has not been in contact with the water to be discharged and b)the water will meet all the
water quality standards at the point of discharge. .
15. Any wooden dock components,piling,pier support, and other materials composed of
pressure treated wood shall be professionally and commercially produced and chemically
fixed in accordance with all current best management practices as contained in the
Western Wood Preservers Institute's latest edition of"The Best Management Practices
for the Use of Treated Wood in Aquatic Environments."
Piling Removal:
16. Approximately 21 existing creosote-treated wood pilings shall be removed from marine
waters. All piling shall be removed by vibratory extraction. In the event the pilings break
off during extraction,the remaining piling will be cut off below the mudline and covered
with clean fill.
17. Piles removed from the substrate shall be moved immediately from the water into a barge
or onto uplands. The pile shall not be shaken, hosed-off, left hanging to drip, or any other
action intended to clean or remove the adhering material from the pile.
18. The work surface on the barge deck or on uplands shall include a containment basin for
piles and any sediment removed during pulling of the piling. Basins may be constructed
of durable plastic sheeting with sidewalls supported by hay bales or support structure to
contain all sediment.
19. The piles shall be disposed of at an approved upland disposal site.
Pile Driving:
20. The 48 new pilings to be placed shall be steel pilings.
21. The new steel pilings shall be installed using a vibratory hammer whenever possible. An
impact hammer may be used to proof piling if needed.
G. Emergency/Contingency Measures:
1. The applicant shall develop a spill prevention and containment plan for this project, and
shall have spill cleanup materials available on site.
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2. Any work that is out of compliance with the provisions of this Order,or any discharge of
oil, fuel,or chemicals into state waters, including wetlands, or onto land with a potential
for entry into state waters, is prohibited. If these occur,the operator shall immediately
take the following actions:
a. Cease operations that are causing the compliance problem.
b. Assess the cause of the water quality problem and take appropriate measures to
correct the problem and/or prevent further environmental damage.
c. In the event of finding distressed.or dying fish,the applicant shall collect fish
specimens and water samples in the affected area within the first hour of the
event. These samples shall be held in refrigeration or on ice until the applicant.is
instructed by Ecology on what to do with them. Ecology may require analyses of
these samples before allowing the work to resume.
d. In the event of a discharge of oil, fuel, or chemicals into state waters, or onto land
with a potential for entry into state waters, containment and cleanup efforts shall
begin immediately and be completed as soon as possible,taking precedence over
normal work. Cleanup shall include proper disposal of any spilled material and
used cleanup materials.
e. Immediately notify Ecology's Southwest Regional Spill Response Office at(360)
407-6300 of the nature of the problem and any actions taken to correct the
problem and any proposed changes in operations to prevent further problems.
3. Fuel hoses, oil drums, oil or fuel transfer valves and fittings, etc., shall be checked
regularly for drips or leaks, and shall be maintained and stored properly to prevent spills
into state waters, including wetlands.
4. If at any time during work the proponent finds buried chemical containers, such as drums,
or any unusual conditions indicating disposal of chemicals,the proponent shall
immediately notify Ecology's Southwest Regional Spill Response Office at 360 407-
6300.
Appeal Process:
You have a right to appeal this Order.To appeal this you must:
• File your appeal with the Pollution Control Hearings Board within 30 days of the"date of
receipt"of this document. Filing means actual receipt by the Board during regular office hours
• Serve your appeal on the Department of Ecology within 30 days of the"date of receipt"of this
document. Service may be accomplished by any of the procedures identified in WAC 371-08-
305(10). "Date of receipt"is defined at RCW 43.21B.001(2).
Be sure to do the following:
• Include a copy of this document that you are appealing with your Notice of Appeal.
• Serve and file your appeal in paper form; electronic copies are not accepted.
1.To file your appeal with the Pollution Control Hearings Board
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Mail appeal to: Deliver Your appeal in person to:
The Pollution Control Hearings Board The Pollution Control Hearings Board
PO Box 40903 OR 4224—6th Ave SE Rowe Six, Bldg 2
Olympia, WA 98504-0903 Lacey, WA 98503
2. To serve your appeal on the Department of Ecology
Mail appeal to: Deliver your appeal in person to:
The Department of Ecology The Department of Ecology
Appeals Coordinator OR Appeals Coordinator
P.O. Box 47608 300 Desmond Dr SE
Olympia, WA 98504-7608 Lacey, WA 98503
3.And send a copy of your appeal to:
Lori Ochoa
Department of Ecology
Southwest Regional Office
P.O. Box 47775
Olympia, WA 98504-7775
For additional information visit the Environmental Hearings Office Website: http://www.eho.wa.gov
To find laws and agency rules visit the Washington State Legislature Website:
http://Wwwl.leg.wa.govICodeReviser
Your appeal alone will not stay the effectiveness of this Order. Stay requests must be submitted in
accordance with RCW 43.21B.320. These procedures are consistent with Ch. 43.21B RCW.
DATED this7-1 day of it'i��t/t�c:.�i , 2008 at Lacey, Washington.
;Perry J Lund, Lr it5upervisor
lan nd Environmental Assistance ram
est Regional Office
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Attachment # A
North Forty Lodging, LLC
Alderbrook Resort& Spa Stormwater Outfall Improvements
Order# 6128
Statement of Understanding
Water Quality Certification Conditions
I, , state that, I will be involved as an agent or contractor for
North Forty Lodging, LLC in the Alderbrook Resort& Spa Stormwater Outfall Improvements
project located within the Hood Canal at E. 7107 Highway 106,Union, Mason County,
Washington. I further state that I have read and understand the relevant conditions of the
Washington.Department of Ecology Water Quality Certification Order#6128 and the applicable
permits and approvals referenced therein which pertain to the project-related work for which I
am responsible.
Signature Date
Title Phone
Company