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HomeMy WebLinkAboutHPA, JARPA, Design Report, RAP No. M89-107, SPI2006-00193, Water Quality - PLN General - 6/23/1989 CS 23oS SR 3 "WrAfA01k Washington state Department of Transportation GENERAL PERMIT PERMIT NO. M89-101 DISTRICT NO. 3 Name and Address of Applicant: Stephen A. Moran E & S Welding E. 2731 Mason Lk. Dr. E. Grapeview, WA 98546 275-5218 The Applicant, hereinafter referred to as the "Grantee", having applied for a permit to use and maintain a Type "D" road approach to serve a retail sales establishment only, located at Mile Post 25.284, left side, in Section 32, Township 23 North, Range 1 West, W.M. , on a portion of State Route No. 3 in Mason County, Washington, the Washington State Department of Transportation or its designee, hereinafter referred to as the "Department". hereby orders that this permit be granted, subject to the terms and provisions stated upon the reverse hereof and Exhibits attached hereto and by this reference made a part hereof. Exhibit "A". Special Provisions for Highway Encroachments, Pages 1 & 2 This permit shall be void unless the work herein contemplated shall have been completed before N/A This permit is accepted and approved by the . Grantee subject to the terms and provisions as herein set forth. GRANTEE DEPARTMENT OF TRANSPORTATION By: -,9-A�L�4 1104-12� By: gr==� -�)-ALK Li.l ojec Development Support Engineer Title: f .y Title: Date: .-�,h " v C' Date: �P��1 DOT Form 1�AN 3 FIX A•120 r The design of your approach will depend on the type of traffic using the approach. The following design vehicle types are used: Design Symbol Vehicle Type P Passenger car, including light delivery trucks . SU Single unit truck. WB-40 Semitrailer truck, overall wheelbase of 40 feet . WB-50 Semitrailer truck, overall wheelbase of 50 feet . WB-63 Semitrailer truck, overall wheelbase of 63 feet . The design should be confirmed at the time of the pre-construction conference mentioned in special provision No. 2 of the permit . f f , s i ' DepartmoM of Transportation SPECIAL PROVISIONS FOR Washington sat. HIGHWAY ENCROACHMENTS .part Permit No. M89-108 Applicable provisions are denoted by (X) ® 1. No work provided for herein shall be performed until the Grantee is granted authorization by the Department's representative: Name: Chuck Vanderpool Title: Address: Area Maintenance Superintendent Telephone No.: 8293 Spring Creek Rd. , Port Orchard, WA 98366-9613 895-4753 ❑ 2. Prior to the beginning of construction a preconstruction conference shall be held at which the Department and the Grantee and his engineer, contractor and inspector shall be present. ❑ 3. Should the Grantee choose to perform the work outlined herein with other than its own forces,a representative of the Grantee shall be present at all times while the construction is in progress unless otherwise agreed to by the Department. All contact between the Department and the Grantee's contractor shall be through the representative of the Grantee.Where the Grantee chooses to perform the work with its own forces,it may elect to appoint one of its employees engaged in the construction as its representative.Failure to comply with this provision shall be grounds for restricting any further work by the Grantee within the right of way, until said requirement is met. ❑ 4. A copy of the permit must be on the job site,and protected from the elements,at all times during any of the construction authorized by said permit within the Department's right of way. ® 5. This permit does not give the Grantee, or any agent, or contractor of the Grantee any rights to cut, spray, retard, remove, destroy, damage, disfigure or in any way modify the physical condition of any vegetative material located on the highway right of way,except by written permission from the Department. All restoration shall be done to the satisfaction of the Department at the sole expense of the Grantee. ® 6. If necessary to increase sight distance,brush shall be removed from both sides of the approach and stumps shall be removed.The indiscriminate cutting of merchantable timber or disfiguring of any feature of scenic value shall not be permitted. ❑ 7. The approach(es) shall be constructed in accordance with the attached Sufficient length of inches diameter culvert pipe shall be placed in ditch and laid to a true line and grade. The approach(es) shall be sur- faced to the limits as shown on the plan with a 6 inch minimum compacted depth of gravel base material and a 3 inch compacted depth of crushed surfacing top course.Asphalt paving will not be required.Finished grade of the approach shall be in accordance with the profile control as shown on the attached plan. Directing of surface water from private property to Department right of way will not be permitted. ® 8. The approach(es) (intersection) shall be constructed in accordance with the attached Type "W" plate Sufficient length of N/A inch diameter culvert pipe shall be placed in ditch and laid to a true line and grade. The approach(es) (intersection) shall be surfaced to the limits as shown on the plan with a 6 inch minimum compacted depth of gravel base material,a 3 inch minimum compacted depth of crushed surfacing top course and paved with a 3 inch minimum compacted depth of Asphaltic Concrete Class "B" unless otherwise specified by the Department.Any existing oil mat on shoulder or roadway shall be removed and new pavement laid to a butt joint with existing pavement.Finished grade of new pavement shall be in accordance with the profile control as shown on attached plan.Directing of surface water from private property onto Department right of way will not be permitted. ® 9. All buildings and appurtenances shall be so located at a distance from the right of way line of any State Highway that none of the right of way therefore is required for use of the patrons or customers of any such establishment.Grantee shall comply with county building codes. Set-back requirements for the location of buildings in relation to the right of way line are a function of local authorities and they should be consulted regarding requirements that must be adhered to. ❑ 10. The Grantee agrees to schedule the work herein referred to and perform said work in such a manner as not to delay the Department's contractor in the performance of his contract. ❑ 11. Work shall be restricted to the hours between a.m. and p.m. and no work shall be allowed on the right of way Saturdays, Sundays or Holidays; unless otherwise authorized by the Department. ❑ 12. The shoulders, where disturbed, shall be surfaced with crushed surfacing top course inches minimum compacted depth, or as directed by the Department. The surface of the finished shoulder shall slope down from the edge of pavement at the rate of % inch per foot unless otherwise directed.The restored shoulder must not have any strips or sections less than 2 feet wide.The restored shoulder shall be surfaced with FORM 224-713 DOT REVISED 5/83 Page 1 EXHIBIT "A" 13. The Grantee shall be responsible for eewatFuesiaq.awd maintaining the road approach(es) and appurtenances between the shoulder line of the highway and the right of way line inclusive of surfacing and drainage. The Department has the right to inspect all installations at the time of construction and at any time afterward and to require that necessary changes and repairs be made.Unsatisfactory work will be corrected by the Department, at the Grantee's expense,or access may be removed at the Grantee's expense. Directing of surface water from private property onto Department right of way will not be permitted. ❑ 14. The approach shall be sufficiently surfaced back an adequate distance from the edge of the pavement to prevent any mud tracking onto the highway. Any mud tracked onto the highway shall be immediately cleaned up by the Grantee or his agent. ❑ 15. Standard highway warning signs designated as"Truck Crossing" sign, plate W11-6, shall be placed and maintained at Grantee's expense on each side of the approach.Signs shall be in evidence only when access is actually being used.If necessary flagman shall be provided.Sufficient parking space shall be provided by the Grantee outside Department right of way so no vehicles will be parked on said right of way. ❑ 16. All manholes,valve covers,and like appurtenances shall be constructed at such an elevation to conform to the shoulder slope from the edge of pavement or as directed by the Department. ❑ 17. All slopes,slope treatment,top soil,ditches,pipes,etc.,disturbed by this operation shall be restored to their original cross section and condition. All hazards shall be marked by warning signs, barricades and lights.If necessary,flagmen shall be employed for the purpose of protecting the traveling public. ® 18. During the construction and/or maintenance of this facility, the Grantee shall comply with the "Manual on Uniform Traffic Control Devices for Streets and Highways." ❑ 19. Bond coverage required to insure proper compliance with all terms and conditions of said permit will be furnished by a Blanket Surety Bond held at Headquarters in Olympia. ❑ 20. A surety bond in the amount of S written by a surety company authorized to do business in the State of Washington, shall be furnished to ensure compliance with any and all of the terms and conditions of this permit and shall remain in force until all work under this permit has been completed and approved by the Department. ❑ 21. Before any log hauling operations begin, a surety bond in the amount of S shall be furnished by the Grantee to protect the Department against any damage to the highway and to ensure complete removal of the approach and cleaning up of the right of way to the satisfaction of the Department. Approval of all clean up work shall be secured before the bond will be released. ❑ 22. This permit is subject to the terms and conditions of Agreement No. In case anything contained herein is inconsistent with said agreement, the agreement shall govern. ❑ 23. This section of highway is ON the master plan for limited access highways.At such time as this plan is implemented,your access will be subject to review. ® 24. Relative to advertising adjacent to all State highways,we wish to call your attention to the Scenic Vistas Act of 1971,Chapter 47.42 RCW and State Transportation Commission ruling Chapter 468-66 WAC.Violation of this section of the statutes will be sufficient cause for cancellation of this permit. On-Premise signs are allowed. ❑ 25. The Grantee shall notify the Department's representative upon completion of the work under this permit or franchise so that a final inspection can be made. FORM 2 7 (BACK) DOT REVISED 5 83 Page 2 r �0 Srgr�o MASON COUNTY • o A o N DEPARTMENT OF COMMUNITY DEVELOPMENT o NU = Planning Division Zo N y P O Box 279, Shelton,WA 98684 00 y (360)427-9670 1864 Site Inspection September 28, 2006 PACIFIC NW SALMON CENTER P O BOX 1445 BELFAIR WA 98528 Case No.: SP12006-00193 Parcel No.: rearsibilit�y Project Description: Dear Applicant: Pursuant to your application, a site pre-inspection (SPI)was performed on your property. Below you will find comments made regarding the proposed development and its critical values. In some cases, setbacks for development from shorelines, steep slopes, streams, and wetlands s must be included in your specific proposal; these setbacks are included as part of the comments listed below. i This information is based on County and State regulations as they exist to date. These regulations may change and may affect the requirements for development of the subject property. Please contact me at(360)427-9670, ext. 294 if you have questions. Sincerely, e i f k Charles Mead McCov III Land Use Planner Mason County Planning Department 4 4 3 a t 9/28/2006 Page 1 of 2 SP12006-00193 1 • Site Inspection 9/28/2006 Case No.: SP12006-00193 Comments: The re-directing of the Sweetwater Creek channel that traverses the subject property is viewed by the County to be a habitat enhancenment project. The permits required by the County would include a SEPA review process, and the submittal of a Joint Aquatic Resources Application (JARPA) form. A grading permit may be required if more than 200 cubic yards of material is used in the projects' construction. Most importantly the project would first need the approval of WDFW and a Hydralic Project Approval (HPA) would need to be aquired from WDFW. We at the County support what The Northwest Salmon Center is trying to accomblish in restoring habitat to a stream that has been seriously degraded by approximate development. Thank you. The County also provides a waiver on permitting fees for such projects. I' i 1 i I 1 d 6 8 i I i I i I� 9/28/2006 Page 2 of 2 SP12006-00193 ISO 4ZECEIVED JUL 19 2006 MASON COUNTY PLANNING DEPT. PRE-INSPECTION APPLIQ1 COUN IN �11'( PLEASE PRINT $205.00 Fee Re 1. Owner:Hood Canal Salmon Enhancement Group Applicant:Pacific Northwest Salmon Center Site Address:22721 NE State Rt 3 Applicant Address: PO Box 3238 Owner Address:PO Box 2169 City:Belfair St_WA_Zip 98528-3238 City: Belfair St WA Zip 98528-2164 Phone: 360 275-2763 day Phone: 360 275-2763 day �n� J ' Phone:( )Same as day evening Planner: l7 �(� Email Address:neil@hcse�org SMP Comp.Plan U 6 Type of Use Water Body Sweetwater Creek/Hood Canal 2. Parcel No. 12332 - 50 -00063 Parcel No. - Legal Description: See attached plan set. 3. Purpose of Pre-Inspection:To determine if the creek relocation is acceptable to Mason County. 4. Use of building: N/A 5. Do any of the following exist on or adjacent to property?: slope( ) saltwater( ) lake( ) river( ) pond( ) wetland( ) seasonal runoff( ) other( ) stream(a seasonal creek( ) Directions to Site: From Shelton ao north on Highway 3 to the crossing south of Belfair. See the vicinity map shown on the attached plans. If the information is incomplete, then Mason County must disclaim any errors resulting from deficiencies in the original application. Pre-inspection reports remain valid only until development changes occur in the vicinity which affect the lot evaluated in this inspection,or the laws regulating development of the site change after the time of inspection. Applicant Signature:_, 4 m i2- Date: J,1o�OG fCA_ #C5F If you would like to be on site during inspection,please check here: Return application to: Department of Community Development,Planning Division P.O.Box 186 Shelton,WA 98584 (360)427-9670 Please include a$205.00 check or money order payable to Mason County Treasurer When completed,this form becomes part of the parcel file. FOR OFFICE USE ONLY:Accepted by: � Date: t MORE ON BACK SIDE Revised: 01/18/06 THIS PARCEL INCLUDES PLANS, BLUEPRINTS O. R. - OVERSIZE IMAGES LARGE FORMAT IMAGES HAVE BEEN STORED IN FILE CABINETS) UNDER PARCEL -NUMBER PARCEL # 1922A �AS��� Please illustrate below the proposed building site in relation to critical areas(slopes, streams, lakes,wetlands, etc.) existing improvements, as well as property lines. APPLICATIONS SUBMITTED WITHOUT ADEQUATE ILUSTRATIONS WILL NOT BE ACCEPTED AND WILL BE RETURNED TO THE APPLICANT. BEl}�l/fZ J 744 $ARcei- 12322-50 - 06EAP3 ex Ls Box CvIUMT ReV I59P.C+1RnW n- T S1A)E�71JR?flZ C�EC� O PRo1�sF� �x C MAUNE L NTS Departmental Review (For Office Use Only) Planning Department Findings: ------------------------------------------------------ ------------------------------------------------------ ------------------------------------------------------ ------------------------------------------------------ ------------------------------------------------------ ------------------------------------------------------ 00 CD o i rn r � v �1 r 0 m a � Z v � m C/) 0 m 2 m o z v S? co P N D j D z rn m � �° rn p � g m y m ; M rn Z m 0 4 m ram- CO) 0 r g c0 000000 mmy�SS�_r�i s�i 7 rn A�o3Zrn = rr o 0 V c> A A IQ gmo Q N 0 � n NI vC'� h m h �. N 1 _ Fn Go v ,�,g err --� n VISweetwater_Creek Restoration REVISIONS DATE ��� o,TE os.o�.oe BRUCE # 0. 03 A � oil171 m t O f t/ ,V , I �.,\35 O I I / •� 4 ' i 1.0 tTl All _• '1 9G / U 95 o 0 0 i Oq r I ' I F +� MA o I Yj I 'i. CL 700 CLa j 945 �\ , - R I b\. �I a. 10Z N'DO II 0�f l ivm I n 0 z I I 710.,.- �� p � = I c b ZE o + J 3 l a� 0%i00'V o fTt ON, i OS n o �I v 0 X 0 ` •1 4 ■mmi m irmn R E V 15 IONS DATE BY DATE; 06.01.06 O Y.r .63 1 _ I� o \ E 84.05 r7 y \ 1 I . lr gE 85.36 (ir`f P 86.98 E 89.24 y, � x I, Oil P f g E 90.72 'f I C7 z �� x :C7 m �� Z7 E96.32 d j f P z M rn �C7 g E 96.06 aQ I o e tit I E 95.89 ,. IRO CD N rr•j + E 99.56 _ 0 4� Cb --- v r r I I -1 I E 103.36 c 1 \o \o- �\ 0 50 _ o ----1C7 \� gE 99.09 g �o w g D-- c 10 \ , m 0 to � 105 rloo 0 it `.t �,g. ��' M �, �._-- --..._ n_,.,.>> vea+,._e+;,... R E V 15 1 0 N S o�E er �� � DATE 06.01.08 r k " T� �}1 y o - W cn -- o �I � v ►I D STATE O� y 1889 aQ1 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47775 • Olympia, Washington 98504-7775 • (360) 407-6300 September 5,2006 R E C SEP 0 7 2006 REGISTERED MAIL RB 252 974 042 US MASON CO.Pig,._. .• -,EFT. Hood Canal Salmon Enhancement Group ATTN: Mr.Neil Werner P.O.Box 2169 Belfair, WA 98528 Dear Mr.Werner: RE: Water Quality Certification Order 3801 and Coastal Zone Management consistency determination for Corps Nationwide Permit 27, Stream and Wetland Restoration Projects, Reference No.200600888 to restore the Big Mission Creek estuary by removing fish passage barriers and reconnecting the creek to tidal basins at the end of Hood Canal, within the Belfair State Park,Mason County, Washington. On August 9,2006 the Hood Canal Salmon Enhancement Group, 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 Big Mission Creek Restoration project. The project proposes to restore the Big Mission Creek estuary and remove fish passage barriers.The existing dike area that forms a swimming lagoon will be removed and Big Mission Creek will be redirected from an artificially straightened channel back into the area of its historic location. The project will reconnect the Creek to tidal basins on Lynch Cove at the end of Hood Canal,adding 6.5 acres of estuary to the Lower Hood Canal. The Department of Ecology issued a Public Notice'for the proposed project on August 11, .2006.The Corps of Engineers issued a Nationwide Permit 27, on August 30,2006. 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. On August 25, 2006 the Hood Canal Salmon Enhancement Group, submitted a Certification of Consistency with the Washington State Coastal Zone Management Program(CZMP). Pursuant to Section 307(c)(3)of the Coastal Zone Management Act of 1972 as amended,Ecology concurs with the applicant's determination that the proposed work is consistent with Washington's CZMP. This concurrence is based upon the applicant's compliance with all applicable enforceable policies of the CZMP, including Section 401 of the Federal Water Pollution Control Act. OW 'Lit 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. Sinc Perry . und,Unit Super S thwest Regional Office, Shorelands and Environmental Assistance Program PJL:LO:th Enclosure cc: Jim Green,U.S.Army Corps of Engineers Charles Mc Coy III,Mason County DCD Deb Peterson,Washington State Parks Pat McCullough,P.E. Margie Schirato, WDFW e-cc: Penny Keys—HQ Loree' Randall,Ecology/HQ Rick Mraz,Ecology/SWRO/SEA Kim Van Zwalenburg,Ecology/SWRO/SEA Deb Cornett,Ecology/SWRO/WQ Kevin Farrell, SWRO/SEA Lori Ochoa, SWRO/SEA I I i i I I IN THE MATTER OF GRANTING A ) ORDER#3801 WATER QUALITY CERTIFICATION ) Corps Reference No.200600888 TO ) Big Mission Creek Restoration Project located within The Hood Canal Salmon Enhancement ) in the Belfair State Park located at 410 NE Beck Group ) Road,Mason County,Washington. in accordance with 33 U.S.C. 1341 (FWPCA ) §401),RCW 90.48.120,RCW 90.48.260 ) and Chapter 173-201A WAC ) TO: The Hood Canal Salmon Enhancement Group ATTN: Mr.Neil Werner P.O.Box 2169 Belfair, WA 98528 On August 9,2006 the Hood Canal Salmon Enhancement Group submitted a Joint Aquatic Resource Permit Application(JARPA)to the Department of Ecology(Ecology)requesting a Section 401 Water Quality Certification. The Corps issued a Nationwide Permit(NWP)#27, Stream and Wetland Restoration Activities,for the project on August 30,2006.During review of the project,Ecology determined that an individual Section 401 water quality certification would be required.A public notice regarding the request was distributed by Ecology for the above-referenced project pursuant to the provisions of Chapter 173-225 WAC on August 11,2006. This project will restore the Big Mission Creek estuary and remove fish passage barriers.The existing dike area that forms a swimming lagoon will be removed and Big Mission Creek will be redirected from an artificially straightened channel back into the area of its historic location. Large woody debris will be added to the river channel and approximately 300 feet of beach will be reconstructed along the east bank of the existing creek channel. The project will reconnect Big Mission Creek to tidal basins on Lynch Cove at the end of Hood Canal, adding 6.5 acres of estuary to the Lower Hood Canal. The proposed project will take place in Big Mission Creek at North Hood Canal within the Belfair State Park,410 NE Beck Road, Belfair,Mason County, Washington;NW quarter Section 1,Township 22 North,Range 2 West,WRIA 15, in the Kitsap Watershed. 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. §1311, 1312, 1313, 1316, and 1317(FWPCA § 301,303, 306 and 307); 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. I Order#3801, Corps No. 200600888, September 5, 2006 Page 2 of 6 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 the Hood Canal Salmon Enhancement Group,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, P.O.Box 47775, Olympia, WA 98504-7775. Any submittals shall reference Order No. 3607 and Corps No.200600253. 3. Work authorized by this Order is limited to the work described in the JARPA received by Ecology on August 9,2006. The Applicant will be out of compliance with this Order and must reapply with anupdated application if he 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. 5. This Order does not exempt,and is provisional upon compliance with other statutes and codes administered by federal, state,and local agencies. 6. Copies of this Order shall be kept on the job site and readily available for reference by Ecology personnel,the construction superintendent,construction managers and lead workers, and state and local government inspectors. 7. 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. 8. 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 Version 2.0 Order#3801, Corps No. 200600888, September 5, 2006 Page 3 of 6 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. 9. 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 in 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 permits,plans, documents and approvals. These statements shall be provided to Ecology before construction begins at the project. 10. 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. 11. Any person who fails to comply with any provision of this Order shall be liable for a penalty of up to ten thousand dollars($10,000.00)per violation for each day of continuing noncompliance. B. Water Quality: 1. The Big Mission Creek at North Hood Canal(WRIA 15)is a Class AA water of the state. Certification of this proposal does not authorize the Applicant to exceed applicable state water quality standards(173-201A WAC)or sediment quality standards(Chapter 173-204 WAC). Water quality criteria contained in WAC 173-201A-030(1)and WAC 173-201A-040 shall apply to this project. 2. This segment of the of the Hood Canal at Big Mission Creek has been identified on the current 303(d) list of impaired water bodies for exceeding water quality standards for fecal coliform and dissolved oxygen. This proposed project shall not result in further exceedances of those standards, and will be out of compliance with this certification if discharges from the project exceed limits for those contaminants identified in 173-201A-030(2)WAC and/or 173-201A-040 WAC. 3. This Order does not authorize temporary exceedances of the turbidity standard beyond the limits established in WAC 173-201A-110(3). Furthermore,nothing in this certification shall absolve the Applicant from liability for contamination and any subsequent cleanup of surface waters or sediments occurring as a result of project construction or operations. C. Timing Requirements: 1. This Order is valid until all compliance requirements in this document have been met. 2. In-water work is subject to the fishery closure window determined by Washington State Department of Fish and Wildlife's(WDFW)Hydraulic Project Approval(HPA)Number 105841-1 issued for this project. D. Notification Requirements: Version 2.0 I Order#3801, Corps No. 200600888, ` September S, 2006 Page 4 of 6 1. The Applicant shall provide written notification(FAX,e-mail or mail)to Ecology's Southwest Regional Office Federal Permit Coordinator in writing at least three(3)days prior to the start of construction at the project site. 2. The Applicant shall provide written notification to Ecology's Southwest Regional Office Federal Permit Coordinator in writing within fourteen(14)days after completion of construction. NOTE: These notifications shall include the Applicant's name,project name, project location,the number of this Order, contact and contact's phone number. E. Construction Conditions: 1. All work in and near the water shall be done so as to minimize turbidity, erosion, and other water quality impacts. 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. 2. The project shall be clearly marked/staked prior to construction. Clearing limits,travel corridors . and stockpile sites shall be clearly marked. Sensitive areas and buffers that are to be protected from disturbance shall be marked so as to be clearly visible to equipment operators. Equipment shall enter and operate within the marked clearing limits corridors and stockpile areas. 3. The Applicant shall establish a separate contained area for washing down equipment,which does not have any possibility of draining to surface waters and wetlands. No wash water containing sediments,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. 4. Machinery and equipment used during construction shall be serviced,fueled,and maintained on uplands in a confined area in order to prevent containment to waters of the state.Fueling areas will be provided with adequate spill containment. 5. Appropriate BMP's shall be implemented to minimize track-out during construction. F. Monitoring and Reporting: 1. Visual monitoring of the restoration area shall be done during the growing season of the 1", 2"d and 3rdyears after construction,or until the intertidal portion of the enhancement area has sustained at least 50%native vegetative cover,whichever occurs first. 2. A qualitative monitoring report shall be submitted annually to the Federal Permit Coordinator, Department of Ecology SWRO,PO Box 47775,Olympia, WA 98504-7775 within 60 days of completion of monitoring activity. The report shall include the following: a. A qualitative description of the location, general density, and species distribution of the native vegetative recruitment. b. A qualitative assessment of the primary stream channel(thalweg)location in comparison to the as-built drawings. Version 2.0 Order#3801, Corps No. 200600888, September S, 2006 Page 5 of 6 c. Observation and notation of the presence of increased sedimentation, if present, in the natural estuarine vegetative community south of the restoration site. 3. If the Hood Canal Salmon Enhancement Group conducts monitoring that exceeds the performance standards listed above, submittal of copies of those results to the Federal Permit Coordinator shall satisfy the monitoring requirement. G. Emergency/Contingency Measures: 1. The Applicant shall develop a spill prevention and containment plan for this project,and shall have spill cleanup materials and an emergency call list available on site. 2. Any work that is out of compliance with the provisions of this Order, or conditions causing distressed or dying fish, 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 Applicant or 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 and the Washington State Department of Fish and Wildlife of the nature of the problem,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. H.Appeal Process: You have the right to appeal this Order to the Pollution Control Hearings Board. Pursuant to chapter 43.21B RCW, .your appeal must be filed with the Pollution Control Hearings Board,and served on the Department of Ecology within thirty(30)days of the date of your receipt of this document. To appeal this Order,your notice of appeal must contain a copy of the Ecology Order you are appealing. Version 2.0 Order#3801, Corps No. 200600888, September S, 2006 Page 6 of 6 Your appeal must be filed with: The Pollution Control Hearings Board 4224-6th Avenue SE,Rowe Six,Bldg.2 P.O. Box 40903 Lacey, Washington 98504-0903 Your appeal must also be served on: The Department of Ecology Appeals Coordinator P.O. Box 47608 Olympia, Washington 98504-7608. In addition,please send a copy of your appeal to: Federal Permit Appeals Coordinator Department of Ecology P.O. Box 47600 Olympia, Washington 98504-7600 For additional information:Environmental Hearings Office Website: http://Www.eho.wa.gov 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 S�✓'��r Scr-Z Z�'K at Lacey,Wash' Pent'J. Lun it Supervisor Shorela and Environmental Assistance Program Department of Ecology State of Washington Version 2.0 (7/23/2007 Charles McCo In -Sweefinrater Creek field letter.pdf aPage 1 TO:Padfic Northwest Salmon Center RE:Site Pre-inspection DATE:20 October 2006 Field Letter: The re-directing of the Sweetwater Creek channel that traverses the subject property is viewed by the County to be a habitat enhancement project The permits required by the County would include a SEPA review prates,and the submittal of a Joint Aquatic Resources Application()ARPA)form. A grading permit may be required If more than 200 cubic yards of material is used in the projects'construction.Most Importantly the project would fiat need the approval of WDFW and a Hydraulic Project Approval(HPA)would need to be acquired from WDFW. We at the County support what The Pacific Northwest Salmon Center is trying to accomplish in restaring.habitat to a stream that has been seriously degraded by approximate development. Thank you, Charles Mead McCoy III,Planner The County also provides a waiver on permitting fees for such projects. MASON COUNTY COMMUNITY DEVELOPMENT - Charles Mead McCoy 111 Pfarvrer Ext. 294•ChuokM@co.mason.Wa.us McRwI3601427.9670 Ebno(360)4825269 MASON COMW BAWD I. ne"f360)2751467 411 N.61h•P.O.BOX 279 FAKf3601427.8425 SHEt70N,WA 98584 www.co.moson.wa.us I Ali . ..wti�_._.'rYniAl�7ifnri-rr n.nurrW .,_. _.. _._ _._ inilrtirrrr■... rr ._ ____._ .._..___.. Department of Ecology-Environmental Report Tracking System ERTS# 564005 Department of Ecology-Environmental Report Tracking System Initial Report External Reference# Caller Information Where did it happen First Middle Last Business or Name BONNIE KNIGHT Location Name THELER CENTER Busines Name Street Address HWY 3 Street Address Other Address Other Address City/Place BELFAIR State WA Zip City BELFAIR State WA Zip County-Region MASON SWRO FS ID E-mail Confidential_FL WIRA# Waterway Type Phone Ext Type Latitude Longitude (360)275-2430 Business Topo Quad 1:24:000 BELFAIR What happened Direction/Landmark(mile post,cross roads,township/range) Incident Date 7/20/2007 Received Date 7/20/2007 16:55 Highway 3,by Theler Center Medium SURFACE WATER-FRESH Material OTHER-SEE NOTE Quantity Unit Primary Potentially Responsible Party Information Source OTHER First Middle Last Cause OTHER Name Activity DREDGING Business Name Hood Canal Salmon Enhancement Group Impact NATURAL RESOURCE DAMAGE Street Address Pacific Northwest Salmon Center Vessel Name Type Other Address City State WA Zip Phone Ext Type E-mail Additional Contact Information Name Phone Ext Type More Information CALLER STATES THERE IS NOT A PERMIT IN PLACE FOR THIS ACTIVITY PICTURES SENT TO CENTRAL FILES JULY 23,2007 From:BKnight173@aol.com[mailto:BKnightl73@aol.com] Sent:Friday,July 20,2007 4:55 PM To:Tope,Barb(ECY) Subject:Fwd:HELP,STOP THIS NOW...Subj:Rape and Pillage of Belfair Date:7/20/200... erewee:twr�e�:ie:tsme►errnwrwerwti»wrr:�w.:�srw,r:snN.►:fwrr�.hwrw„wwrrw.rrr:r:rw From:TRVCA234@aol.com[mailto:TRVCA234@aol.com] Sent:Friday,July 20,2007 2:46 PM To:sheriff@so.co.mason.wa.us;mcdes@des.co.mason.wa.us;CharlesB@co.mason.wa.us;wespegjo@hctc.com; MichaeS@co.mason.wa.us;kmasl03O@kmas.com;lyndare@hctc.com;RossG@co.mason.wa.us;Sheldon,Tim; TimS@co.mason.wa.us;DaveW@co.mason.wa.us;BiIIT@co.mason.wa.us Subject:HELP,STOP THIS NOW...Subj:Rape and Pillage of Belfair Date:7/20/2007 1:24PM Sending smaller pictures.Many have dial up and it takes a day and forever to get pictures.This is urgent and actionable as we type. Rape and Pillage of Belfair Highway 3,by Theler Center in BELFAIR,WA this is happening as I type 2:04 p.m.Friday July 20,2007 hlondar,July 23,2007 ***The Initial report contains only information provided to Ecology from the Page I of 3 complainant. Department of Ecology-Environmental Report Tracking System ERTS# 564005 YY1MfYYfYYffiRfYiMY*fH1!#feYYYYflY4YfeYY4YHeYYYYiYYIYYYYYYYYYYYHMtffff4NYYYYYYYHYYYf4YYYY Subj:Rape and pillage of Belfair Date:7/20/2007 1:24:16 P.M.Pacific Daylight Time From:RNeatherli@aol.com I was just there and I am sick to my stomach.I am not the biggest conservationist in the country but this is more than I can handle.How can these people get away with destroying a stream for their personal gain? They can claim that they are protecting the habitat all they want but this is to benefit the property that they own.(Hood Canal Salmon Enhancement Group,Pacific Northwest Salmon Center)How can this not be a conflict of interest?They Have Machinery in the creek bed!Who issued a permit for this?Is there a permit for this?How can we stop people like this?You and me would be in prison for such deeds.They receive money to do it.I couldn't care less about republican or Democrat,Please somebody help us!!!!!!!!!!!!!!!!!!!!! Randy Neatherlin 360 731-3849 Entry Person TOPE,BARB Entry Date 7/23/2007 Xfonda Jul 23 2007 ***The Initial report contains only information provided to Ecology from the Page 2 v 3 ►, y g I complainant. Department of Ecology-Environmental Report Tracking System ERTS# 564005 Referral Referral# 103030 Referral Method Person Referred to MASON HEALTH DEPT.,DEBBIE Primary Phone 360-427-9670 Fax (360)427-8442 Q E-mail ERTS number E-mail dlr@co.mason.wa.us Q E-mail attachment Program/Organization MASON COUNTY Q Print Address Q Telephone City Region/Location HEALTH DEPARTMENT Referral Date 7/23/2007 Referral# 103032 Referral Method Person Referred to CORNETT,DEBORAH Primary Phone (360)407-7269 Fax Q E-mail ERTS number E-mail dcor461@ecy.wa.gov Q* E-mail attachment Program/Organization WATER QUALITY Q Print Address Q Telephone City WA Region/Location SWRO Referral Date 7/23/2007 Referral# 103033 Referral Method Person Referred to DEPARTMENT OF FISH AND WILDLIFE,REGION 6 Primary Phone (360)249-4628 Fax (360)664-0689 Q E-mail ERTS number E-mail Q E-mail attachment Program/Organization DEPARTMENT OF FISH AND WILDLIFE Q* Print Address Q Telephone City WA Region/Location REGION 6 Referral Date 7/23/2007 I i hlonda►',July 23,2007 ***The Initial report contains only information provided to Ecology from the Page 3 of 3 complainant. i 07/23/2007 09:21 FAX Ca 001 ** T% REPORT TRANSMISSION OK T%/R% NO 4521 CONNECTION TEL 94076305 SUBADDRESS CONNECTION ID ST. TIME 07/23 09:20 USAGE T 01'25 PGS. SENT 7 RESULT OK 'MASON COUNTY PLANNING DEPARTMEN-T FAX ' . Phone:(360.)427-9670 ext. ., '4 Fax:(360)427-8425 TO.:. COMPANY NAME: �� t CONTACT NAME: FAX. NUMBER: PHONE NUMBER: 3(Oo 4-0:4- SENDER: .. c."k) G14" L C� REGARDING __.__ ..... .. ..�_._.__._ �-'YfM1iYl II.I�.iYr1�1 �..�� 1 1 YY.YrI�YYY1► j MASON COUNTY PLANNING DEPARTMENT FAX� ' Phone:(360)427-9670 ext. . Fax:(360)427-8425 TO: COMPANY NAME: \4,1 fi3 0oi= CONTACT NAME. �?, f;'P— FAX NUMBER: PHONE NUMBER. 60 (.,-Soo SENDER: . 6 REGARDING: 1 ssu H-P Wp JZ�' f-j F, Number of Pages (Include Cover Sheet): Date Sent: Time Sent: k 0 zS AM i t Washington HYDRAULIC PROJECT APPROVAL coastal Department of 48 Devon cqhh��re,�pa FISH and 1N. �'' RCW 77.55.181 -Appeal to Hydraulic Appeals Board WILDLIFE Montesanb,4W6�81fifi3R (360)249-4628 MAR 1 4 2�Q1 Issue Date: March 08,2007 'Control Number: 108342-1 Project Expiration Date:September 30,2008 FPA/Public Notice#: N/A PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Pacific Northwest Salmon Center ATTENTION: Neil Werner PO Box 3238 Belfair,WA 98528-3238 360-620-1594 Fax:360-275-0648 Project Name: Sweetwater Creek Realignment Project Project Description: This project involves the creation of 340 feet of new roughened channel and the realignment of Sweetwater Creek into the new channel. The project will include excavating a new channel, installation of Large Woody Material (LWM) complexes, installation of new streambed materials and revegetation of the riparian area along both banklines with native species. PROVISIONS 1. TIMING LIMITATIONS: The project may begin Immediately and shall be completed by September 30, 2008; Provided: Work below the ordinary high water line shall only occur between June 15th and September 30th of calendar years 2007 through 2008. 2. NOTIFICATION REQUIREMENT: The Area Habitat Biologist (AHB) listed below shall receive notification (phone, FAX, mail or email) from the person to whom this Hydraulic Project Approval (HPA) is issued (permittee) or the agent/contractor prior to the start of construction activities. The notification shall include the permittee's name, project location, starting date for work, and the control number for this HPA. 3. Work shall be accomplished per plans and specifications approved by the Washington Department of Fish and Wildlife entitled Sweetwater Creek Realignment Project and dated January 2, 2007, except as modified by this Hydraulic Project Approval. A copy of these plans shall be available on site during construction. NEW ROUGHENED CHANNEL: 4. The permanent new channel shall, at a minimum, be similar in length, width, depth, floodplain configuration, and gradient, as the old channel. The new channel shall incorporate fish habitat j components, streambed materials, meander configuration, and native or other approved vegetation equivalent to or greater than that which previously existed in the old channel. 5. During construction, the new channel shall be isolated from the flowing stream by plugs at the upstream and downstream ends of the new channel. These plugs shall be substantial enough to prevent flood flows from entering the new channel during construction. Page 1 of 6 t Washington HYDRAULIC PROJECT APPROVAL coastal Department of 48 Devonshire Road FISH and RCW 77.55.181 -Appeal to Hydraulic Appeals Board Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date: March 08, 2007 Control Number: 108342-1 Project Expiration Date: September 30, 2008 FPA/Public Notice#: N/A 6. Before water is diverted into the permanent new channel, approved fish habitat components, streambed materials and bank protection to prevent erosion shall be in place. Fish habitat components and bank protection material shall be installed to withstand the 100-year peak flows. 7. The fish habitat log structures shall be of fir, cedar, or other approved coniferous species. 8. The fish habitat structures shall be placed so that they are within the low flow channel. 9. A minimum of 3 inches deep of clean, rounded, uniformly-graded gravel with a grain size composition as per calculations referenced in the design plans, with fines less than 0.25 inches not exceeding 3.0 percent total volume, shall be placed throughout the newly created channel. 10. Spoils from the new channel shall be placed in an approved upland site. If suitable, these materials may be used to fill the old channel once the diversion has been completed. 11. Stream diversion shall be conducted only after inspection and approval of the new channel by the Area Habitat Biologist listed below or his/her representative. 12. Diversion of flow into the new channel shall be accomplished by the following: 1. First remove the downstream plug. 2. Face the stream side of the plug with a sandbag revetment or similar approved mechanism. 3. Partially remove the upstream plug to allow 1/3 to 1/2 of the flow down the new channel for at least overnight. The old channel shall not be allowed to dewater. 4. Remove the rest of the upstream plug once the new channel has flow throughout its entire length. 5. Close the upstream end of the old channel and securely armor the entrance to the old channel to prevent re-entry of any flow. Armor material shall consist of clean, angular rock and shall be installed to withstand the 100-year peak flow. 13. Filling of the old channel shall begin from the upstream closure and the fill material shall be compacted. Water discharging from the fill shall not adversely impact fish life. EQUIPMENT: 14. Equipment used for this project may operate below the ordinary high water line, provided the drive mechanisms (wheels, tracks, tires, etc.) shall not enter or operate below the ordinary high water line. 15. Equipment used for this project shall be free of external petroleum-based products while working around the stream. Accumulation of soils or debris shall be removed from the drive mechanisms (wheels, tires,tracks, etc.) and undercarriage of equipment prior to its working below the ordinary high water line. Equipment shall be checked daily for leaks and any necessary repairs shall be completed prior to commencing work activities along the stream. Page 2 of 6 ' Washington HYDRAULIC PROJECT APPROVAL Coastal . Department of 48 Devonshire Road FISH and RCW 77.55.181 -Appeal to Hydraulic Appeals Board Montesano,WA 98563 WILDLIFE _ (360)249-4628 Issue Date: March 08,2007 Control Number: 108342-1 Project Expiration Date: September 30,2008 FPA/Public Notice.#: N/A WATER QUALITY & FISH PROTECTION: 16. Erosion control methods shall be used to prevent silt-laden water from entering the stream during all phases of the project. These may include, but are not limited to, straw bales, filter fabric, temporary sediment ponds, check dams of pea gravel-filled burlap bags or other material, and/or immediate mulching of exposed areas. 17. Wastewater from project activities and water removed from within the work area during excavation and creation of the new channel shall be routed to an area landward of the ordinary high water line to allow removal of fine sediment and other contaminants prior to being discharged to the stream. 18. All waste material such as construction debris, silt, excess dirt or overburden resulting from this project shall be deposited above the limits of flood water in an approved upland disposal site. 19. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. 20. 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 allowed to enter or leach into the stream. 21. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), immediate notification shall be made to the Washington Department of Ecology at 1-800-258-5990, and to the Area Habitat Biologist listed below. REVEGETATION ALONG THE NEW CHANNEL: 22. Alteration or disturbance of the bank and bank vegetation shall be limited to that necessary to construct the project. Within seven calendar days of project completion, all disturbed areas shall be protected from erosion using vegetation or other means. Within one year of project completion, the banks, including riprap areas, shall be revegetated with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet (on center) and maintained as necessary for three years to ensure 80 percent survival Page 3 of 6 1 ` DepaWashrtment HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.181 -Appeal to Hydraulic Appeals Board Montesano,WA 98563 WILDLIFE (360)249-4628 - Issue Date:March 08,2007 Control Number: 108342-1 Project Expiration Date: September 30,2008 FPA/Public Notice#: N/A PROJECT LOCATIONS Location #1 Sweetwater Creek WORK START: June 15, 2007 WORK END: September 30, 2008 WRIA: Waterbody: Tributary to: 15.0504 Unnamed Union River 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: SW 1/4 32 23 N �01 W N 47.43756 W 122.83696 Mason Location#1 Driving Directions Actual Stream=Sweetwater Creek, Trib to Hood Canal near Belfair. On SR 3,project located next to future Pacific Northwest Salmon Center office area, downstream of culvert/fishway on SR 3 at Milepost 25.31,TAPPS ID#991797. 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 be necessary for this project. The person(s)to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies(local,state and/or federal)that may be necessary for this project. This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person(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 held liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day and/or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 77.55.021 (EXCEPT agricultural irrigation,stock watering or bank stabilization projects)or 77.55.141 are subject to additional restrictions,conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The person(s)to whom this Hydraulic Project Approval is issued has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All agricultural irrigation,stock watering or bank stabilization Hydraulic Project Approvals issued pursuant to RCW 77.55.021 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the person(s)to whom this Hydraulic Project Approval is issued: PROVIDED HOWEVER,that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 77.55.301. APPEALS INFORMATION Page 4 of 6 r - Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.181 -Appeal to Hydraulic Appeals Board Montesano,WA 98563 WILDLIFE - (360)249-4628 Issue Date: March 08,2007 Control Number: 108342-1 Project Expiration Date:September 30,2008 FPA/Public Notice#: N/A If you wish to appeal the issuance or denial of,or conditions provided in-a Hydraulic Project Approval,there are informal and formal appeal processes available. A. INFORMAL APPEALS(WAC 220-110-340)OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021, 77.55.141,77.55.181,and 77.55.291: A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: (A)The denial or issuance of a Hydraulic Project Approval,or the conditions or provisions made part of a Hydraulic Project Approval;or (B)An order imposing civil penalties. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North,Olympia,Washington 98501-1091 and shall be RECEIVED by the Department within 30 days of the denial or issuance of a Hydraulic Project Approval or receipt of an order imposing civil penalties. If agreed to by the aggrieved party,and the aggrieved party is the Hydraulic Project Approval applicant, resolution of the concerns will be facilitated through discussions with the Area Habitat Biologist and his/her supervisor. If resolution is not reached,or the aggrieved party is not the Hydraulic Project Approval applicant, the Habitat Technical Services Division Manager or his/her designee shall conduct a review and recommend a decision to the Director or his/her designee. If you are not satisfied with the results of this informal appeal, a formal appeal may be filed. B. FORMAL APPEALS(WAC 220-110-350)OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (EXCEPT agricultural irrigation,stock watering or bank stabilization projects)or 77.55.291: A person who is aggrieved or adversely affected by the following Department actions may request a formal review of: (A)The denial or issuance of a Hydraulic Project Approval,or the conditions or provisions made part of a Hydraulic Project Approval; (B)An order imposing civil penalties; or (C)Any other'agency action'for which an adjudicative proceeding is required under the Administrative Procedure Act,Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator,shall be plainly labeled as'REQUEST FOR FORMAL APPEAL'and shall be RECEIVED DURING OFFICE HOURS by the Department at 600 Capitol Way North,Olympia,Washington 98501-1091,within 30-days of the Department action that is being challenged. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal,the deadline for requesting a formal appeal shall be within 30-days of the date of the Department's written decision in response to the informal appeal. C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (agricultural irrigation, stock watering or bank stabilization onl 77.55.141 77.55.181 r 7 0 7.55.241:Y) A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval,or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office,4224 Sixth Avenue SE, Building Two- Rowe Six, Lacey,Washington 98504;telephone 360/459-6327. D. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO CHAPTER 43.21 L RCW: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval,or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The FORMAL APPEAL shall be in accordance with the provisions of Chapter 43.21 L RCW and Chapter 199- p 08 WAC. The req uest uest for FORMAL APPEAL q shall be in WRITING to the Environmental and Land Use Hearings Bo ard oard at Environmental Hearings Office, Environmental and Land Use Hearings Board,4224 Sixth Avenue SE, Building Two- Rowe Six, P.O. Box 40903, Lacey,Washington 98504;telephone 360/459-6327. E. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS results in forfeiture of all appeal rights. If there is no timely request for an appeal,the department action shall be final and unappealable. Page 5 of 6 r Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.181 -Appeal to Hydraulic Appeals Board Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date: March 08,2007 Control Number: 108342-1 Project Expiration Date: September 30,2008 FPA/Public Notice#: N/A ENFORCEMENT: Sergeant Makoviney (31) P1 Habitat Biologist for Director Gary Bell 360-249-1228 WDFW CC:WRIA File, Olympia Marty Ereth, Skokomish Tribe Chuck McCoy, Planning, Mason County CDC Gloria Rogers, WDFW (email) WRIA File, Olympia Marty Ereth, Skokomish Tribe "?, Planning, Mason County CDC Page 6 of 6 r RECEIVED AGENCY USE ONLY ��� w 3!�(>I f Agency Ref nme#: Ike R�ywd: L11U 1 Circulated by: 000d SovL ar ar-Y) JOINT AQUATIC RESOURCES PERMIT APPLICATION FORM (JARPA) (for use in Washington State) M PLEASE TYPE OR PRINT IN BLACK INK. TO FILL IN ELECTRONICALLY,USE F11 TO MOVE THROUGH THE FORM Application for a Fish Habitat Enhancement Project per requirements of RCW 77.55.290. You must submit a copy of this completed JARPA application form and the(Fish Habitat Enhancement JARPA Addition)to your local Government Planning Department and Washington Department of Fish&Wildlife Area Habitat Biologist on the same day. NOTE: LOCAL GOVERNMENTS—You must submit any comments on these projects to WDFW within 15 workng days. Based on the instructions provided, I am sending copies of this application to the following: (check all that apply) ❑x Local Government for shoreline:[]Substantial Development []Conditional Use ❑Variance []Exemption ❑x Revision ❑Floodplain Management []Critical Areas Ordinance ❑x Washington Department of Fish and Wildlife for HPA(Submit 3 copies to WDFW Region) ❑ Washington Department of Ecology for 401 Water Quality Certification(to Regional Office-Federal Permit Unit) ❑ Washington Department of Natural Resources for Aquatic Resources Use Authorization Notification ❑ Corps of Engineers for: ❑ Section 404 ❑ Section 10 permit ❑ Coast Guard for: ❑ General Bridge Act Permit ❑ Private Aids to Navigation(for non-bridge projects) ❑ For Department of Transportation projects only: This project will be designed to meet conditions of the most current Ecology/Department of Transportation Water Quality Implementing Agreement SECTION A-Use for all permits covered by this application. Be sure to ALSO complete Section C(Signature Block)for all permit applications. 1.APPLICANT Pacific Northwest Salmon Center MAILING ADDRESS PO Box 3238, Belfair,WA 98528-3238 WORK PHONE E-MAIL ADDRESS CELL PHONE FAX# 360-275-0373 neil@hggp_q.org 360-620-1594 360 275-0648 If an agent is acting for the applicant during the permit process,complete#2. Be sure agent signs Section C(Signature Block) for all pennit applications 2.AUTHORIZED AGENT Neil Werner MAILING ADDRESS PO Box 3238, Belfair, WA 98528-3238 WORK PHONE E-MAIL ADDRESS ]CELL PHONE FAX# 360 275-0373 neil@hcseg.org 360-620-1594 360-275-0648 3. Relationship of applicant to property: OWNER ❑ PURCHASER ❑ LESSEE ❑ 4. Name,address and phone number of property owner(s)if other than applicant: 5. Location(street address,including city,county and zip code,where proposed activity exists or will occur) Local government with jurisdiction(city or county)Mason County Waterbody you are working in Sweetwater Creek Tributary of WRIA# Is this waterbody on the 303(d)List" YES ❑ NO ❑x Hood Canal 12 If YES,what parameter(s)? Shoreline designation "For 303d List, http://www.ecv.wa.00v/programs/wp/303d/index.html Zoning designation RR5 %Section Section Township I Range lGovernment Lot 23N R1 W DNR stream type if known Type 4 Latitude and Longitude: Tax Parcel Number 12332 50 00063. ECY 070-15(Rev. 11/04) JARPA Contact the State of Washington Office of Regulatory Assistance for latest version or call 380/407-7037 or 800/917-0043 1 I YIYiI Yl�� 6. Describe the current use of the property,and structures existing on the property. Have you completed any portion of the proposed activity on this property? ❑ YES ❑x NO For any portion of the proposed activity already completed on this property,indicate month and year of completion. Currently there are two buildings on the property. These buildings are being used for commercial purposes. Is the agricultural property ag cultural land. YES x NO Are you a USDA program participant? YES x NO Y P o9 P P 7a. Describe the proposed work that needs aquatic permits: Complete plans and specifications should be provided for all work waterward of the ordinary high water mark or line,including types of equipment to be used. If applying for a shoreline permit,describe all work within and beyond 200 feet of the ordinary high water mark. If you have provided attached materials to describe your project,you still must summarize the proposed work here. Attach a separate sheet if additional space is needed. This work will realign Sweetwater Creek from SR3 to approximately 340 feet downstream. The project is not on the water side of the ordinary high water mark. It is anticipated that the work will utilize a backhoe and/or front loader to move material. PREPARATION OF DRAWINGS: See sample drawings and guidance for completing the drawings. ONE SET OF ORIGINAL OR GOOD QUALITY REPRODUCIBLE DRAWINGS MUSTBEATTACHED. NOTE: Applicants are encouraged to submit photographs of the project site,but these DO NOT substitute for drawings. THE CORPS OFENG/NEERS AND COAST GUARD REQUIRE DRAWINGS ON 8.112X 11 INCH SHEETS. LARGER DRAWINGS MAYBE REQUIRED BY OTHER AGENCIES. 7b. Describe the purpose of the proposed work and why you want or need to perform it at the site. Please explain any specific needs that have influenced the design. The proposed work is designed to enhance fish habitat that will increase fish spawning and population. The existing channel is shaped to create a difficult stream flow pattern, and needs to be revised. 7c. Describe the potential impacts to characteristic uses of the water body. These uses may include fish and aquatic life,water quality, water supply,recreation and aesthetics. Identify proposed actions to avoid,minimize,and mitigate detrimental impacts and provide proper protection of fish and aquatic fife. Identity which guidance documents you have used. Attach a separate sheet if additional space is needed. The proposed stream realignment has been designed to minimize sediment impacts and fish life impacts. The stream will be re-channeled outside the existing stream channel to minimize work in the stream flow. When the channels are connected, sediment barrier will be installed to reduce floating sediment and down stream impacts. 7d. For in water construction work,will your project be in compliance with the State of Washington water quality standards for turbidity WAC 173.201 A-1 10? x YES NO (See USEFUL DEFINITIONS AND INSTRUCTIONS) 8. Will the project be constructed in stages? YES ❑ NO ❑x Proposed starting date: March 2007 Estimated duration of activity: 2 months 9. Check if any temporary or permanent structures will be placed: WA ❑ Waterward of the ordinary high water mark or line for fresh or tidal waters AND/OR ❑ Waterward of the mean higher high water for tidal waters? 10.Will fill material(rock,fill,bulkhead,or other material)be placed: No ❑ Waterward of the ordinary high water mark or line for fresh waters? If YES,VOLUME(cubic yards) /AREA (acres) ❑ Waterward of the mean higher high water for tidal waters? If YES,VOLUME(cubic yards) /AREA (acres) ECY 070-15(Rev. 11/04) JARPA Contact the State of Washington Office of Regulatory Assistance for latest version or call 360/407-7037 or 800/917-0043 2 y 11. Will material be placed in wetlands? YES NO If YES: A. Impacted area in acres: B. Has a delineation been completed? H YES,please submit with application. YES Ox NO C. Has a wetland report been prepared? H YES,please submit with application YES NO D. Type and composition of fill material(e.g.,sand,etc.) Existing onsite sand and gravel material. E. Material source: Excavation material from new channel. F. List all soil series(type of soil)located at the project site,and indicate if they are on the county's list of hydric soils. Soils information can be obtained from the natural Resources Conservation Service(NRCS). G. WILL PROPOSED ACTIVITY CAUSE FLOODING OR DRAINING OF WETLANDS? YES Qx NO If YES, IMPACTED AREA IS ACRES OF DRAINED WETLANDS. NOTE:If your project will impact greater than%of an acre of wetland,submit a mitigation plan to the Corps and Ecology for approval along with fhe JARPA form. NOTE:A 401 water quality certification will be required from Ecology in addition to an approved mitigation plan If your project Impacts wetlands that are: a)greater than Y2 acre in sae, or b)tidal wetlands or wetlands adjacent to tidal water. Please submit the JARPA form and mitigation plan to Ecology for an W Mdual 401 oertification ti a)or b)applies. 12. Stormwater Compliance for Nationwide Permits Only: This project is(or will be)designed to meet ecology's most current stormwater manual,or an Ecology approved local stormwater manual. [ YES NO If YES—Which manual will your project be designed to meet? Washington State DOE If NO—For clean water act Section 401 and 404 permits only—Please submit to Ecology for approval,along with this JARPA application,documentation that demonstrates the stormwater runoff from your project or activity will comply with the water quality standards,WAC 173.201(A) 13.Will excavation or dredging be required in water or wetlands? YES NO If YES: A. Volume: (cubic yams)/area (acre) B. Composition of material to be removed: C. Disposal site for excavated material: D. Method of dredging: 14. Has the State Environmental Policy Act(SEPA)been completed ❑ YES NO SEPA Lead Agency: Mason County SEPA Decision: DNS, MDNS, EIS,Adoption, Exemption Decision Date(end of comment period) j SUBMIT A COPY OF YOUR SEPA DECISION LETTER TO WDFW AS REQUIRED FOR A COMPLETE APPLICATION 15. List other Applications,approvals or certifications from other federal,state or local agencies for any structures,construction discharges or other activities described in the application(i.e.preliminary plat approval,health district approval,building permit, SEPA review, federal energy regulatory commission license(FERC), Forest practices application,etc.). Also,indicate whether work has been completed and indicate all existing work on drawings. NOTE: For use with Corps Nationwide Permits,identify whether your project has or will need an NPDES permit for discharging wastewater and/or stormwater. TYPE OF APPROVAL ISSUING AGENCY IDENTIFICATION DATE OF APPLICATION DATE APPROVED COMPLETED? NO. None anticipated 16. Has any agency denied approval for the activity you're applying for or for any activity directly related to the activity described herein? ❑ YES NO If YES,explain: ECY 070-15(Rev. 11/04) JARPA Contact the State of Washington Office of Regulatory Assistance for latest version or call 3601407-7037 or 600/917-0043 3 ' Jan. 22, 2007 12:30PM HOOD CANAL SALMON ENHANC, GROUP No. 0629 P. 2 SECTION 8-Use for Shoreline and Corps of ; 7a,Total cost of project. This means the fair market value of the pm*t including mebrials,labor,ntacdrhua rentais,eta 7b.If a project or any parflon at a pm1w receives funding from a federal agency,that agency Is responsible for ESA consultation. Please ndicaM V you w19 reeeive federal funds and whet federal agency is providelg those funds. See insinxlforls for inlormaation on ESA- FEDERAL FUNDING YES Ox N© If YES,please fist the federal agency. 18.Local government wM lug: 1F For Corps,Coast Guard and DNR pamlig,provide names,addresses and telephone numbers of adjoining propery owners,lessees, PIeM!I10b: Shareft A&rtegernant C&rp%w ray room adfthWnaft—coneultyrorwftd g"@nsrrorlt I NAME ADDRESS PHONE NUMBER I `CTAOW C-This mood rr AIVSTbe for dh MINES APPIWWMIBhmWrmad9 r a permit or pennifs 10 aertltoaad ere sa�vlyes dasot�bed harem, I ceriyy Ifeal 1 am fanlYlar wit the InfOnneflon fie. ! r conlai ed In Ibis application,�that 10 the best of m y Itnowledge end bag9f,such lntonrMw is tRie,complete,and accuaM that lIY 008 the authority to ueddrtake the proposed activities. I hereby grant to the agenches to which thiff 01130108tion IN mada,the rightall enter the Oxw4ae b Agon M kW ped the proposed,kKrogress or Aw hme been regeived. completed Work. I 41n 00, DATE INGNA RE OF APPUuAriT DATE SIGNATUHE OF AUTHORIZED AGENT I HERESY DESIGNATE TO ACT AS MY AGENT IN MATTERS RELATED TO TH S APPLICATION FOR PERMIT(S)_ I UNDERSTAND THAT IF A FEDERAL PERMIT IS ISSUED,I MUST SIGN THE PERMIT. SIQNATU APPLICANT DAME It's TU OF NER(EXCEPT PUBLIC ENTrrY LANDOWNERS,E.G1 IJNR) rIMAPPLICAyFam MESI MEDDYMEAP[.liCisfAADTHEACl5AfT,AFANAUI DAGEMIBD 4T®L 18 U.S.O 01001 PRwMss that: Whoever,In any manner within the jurkx2ction of any depardnent or agency of the United 61ft krwwbVly falsifies,conceals,or covers up by any tridt acheme,or device a material fad or makes any false,fiictitious,or fr=4dent or repr eseuntadlons or makes or uses any false wrBng or document(vowing same to oordein any fetes,fIcM us,or fraudulent element or entry,shell be lined not mono than$10,000 or imprisoned not more than 5 years or both. CONPLEM BY LOCAL OFFICIAL A. Nature of the w t ng shondkw- (Describe type of shorefawk such as marine,stream,We.lagoon,marsh,bog,ewarnp,flpod plain,may,delta.type of beach,such as a0on&%erosion,high bank,low bank,or dice;material such as sand,gravel, mud,day, rOCk rlpmp:and agent and type of bulidamiing,if many) B. In the svertt that any of the prapceed bugdinps or ut<nxtures WIN emceed a height of thhty 11ve fees above the average grade UMI, Indicate the apprtdmate location of and number of reWdenlial units,eruf bg and poterrK that wit haltve an obstruded view: Q V the aWkwtlon inclose a c ondkk mat use or variance,am forth in fall that portion c the master program which provides that the Lpngpcaed use may be a conditional use,or,in the case of a via Umm,from which the variance Is being sought These Agwc1w are Equal DPpoduetlty and Aff MffW Aatiwr wnpbpm r r o7a11;(rimer. t11041 .lnFtFa sea ,Plow Wn=ors aproarisb.■gow in to kwkucdwm gton Once d Rea*tmv AsalM,i e k Tor latest VGMW d'call gM407i 7M7 or tiM17.OM 4 r Application for Streamlined Process for FISH HABITAT ENHANCEMENT PROJECTS Addition to the Joint Aquatic Permit Application Form (JARPA) Under recent laws,you may qualify for a streamlined permit process with no fees,if your project is designed to enhance fish habitat. If your project meets the requirements below,you are entitled to the streamlined Hydraulic Project Approval(HPA) process,exemption from the State Environmental Policy Act,and exemption from all local government permits and fees. To apply for the exemption process,the applicant must provide on the same day,the DARPA form and this cover addition to:the Department of Fish and Wildlife(WDFW)and all applicable Local Government planning and permitting departments. Local governments have 15-days to provide comments to WDFW,who will use these comments to aid them in making decisions(see below for details). APPLICANTS -To QUALIFY for the fish habitat enhancement exemption you must check at least one each from A and B A)Projects must accomplish one or more of the following fish habitat restoration tasks(check which one applies): ❑ Removal of human-made fish passage barriers;or ❑ Restoration of an eroded or unstable stream bank using bioengineering techniques;or r❑ Placement of woody debris or other in-stream structures that benefit naturally reproducing fish stocks. AND B)Projects must also be approved in one or more of the following ways(check which apply,and provide details as requested): ❑ By WDFW,through the Salmon Enhancement,or Volunteer Cooperative Fish and Wildlife Enhancement Programs; Provide project name,and who at WDFW approved the project Doris Small ; ❑ By the sponsor of a watershed restoration plan as provided in chapter 89.08RCW;Provide title ofplan and date,and approving or sponsoring agency ; ❑ By the Department of Fish and Wildlife as a department-sponsored fish enhancement or restoration project; ❑ Through the review and approval process for the Jobs for the Environment program; ❑ Through the review and approval process for Conservation District sponsored projects,where the project complies with design standards established by the conservation commission through interagency agreement with the United States Fish and Wildlife Service and the Natural Resource Conservation Service;Provide approval date and name of Conservation District approving project ;or �✓ Through a formal grant program established by the legislature or the Department of Fish and Wildlife for fish habitat enhancement or restoration(currently the Dept.of Transportation is handling grant applications—contact Peter Downey at (360)705-7492 for information)Provide grant application date ,and circle status-Approved,Denied,or Pending. To APPLYfor the Exemption—if you have checked a box from both A and B above,complete the following. 1) Submit this cover letter and a complete JARPA form as an application for the fish habitat enhancement exemption to the Local Government planning department,and WDFW. These applications must be submitted on the same day starting a 15-day comment period. If significant concerns are raised during the 15-day comment period regarding adverse impacts that cannot be addressed through HPA conditions,WDFW can determine that the project does not qualify for the exemption process.If this determination is made,the applicant may re-apply to WDFW,the applicable Local Government,and any other applicable permitting agency for approval under the full permitting process. Provide])name and number of habitat biologist at WDFWyou applied to djdgiA RL106,62_< and 2)what local government you applied to Mason County ; 2) Apply for all other Federal and State permits needed as defined in the JARPA form.(Fill in waters of the state will require a 404 permit from the Corps of Engineers,and possibly a 401 Water Quality Certification from Ecology). 3) The only work covered by the exemption process must be for fish habitat enhancement. If only a piece of your project is for habitat enhancement,the remainder of the project must be covered by the full permitting process. 4) If WDFW determines that your project meets the criteria for the exemption,your project is exempt from SEPA and from local government permits and fees. You will have an answer from WDFW within 45 days of the receipt of this cover letter and complete JARPA form. LOCAL GOVERNMENTS:PLEASE NOTE—you only have 15 days to review the projects and provide comments to WDFW or your comments will be considered waived Per the new law, you are responsible for the following: 1. You must accept the JARPA application form and this revised cover addition for project review; JARPA\2879form.doc,4/27/98,page 1 Of 2 2. If the Local Government chooses to comment on the project,comments(support or objection)must be provided to the WDFW local habitat biologist responsible for the project area within 15-days of receipt of the JARPA form; 3. If determined by WDFW that the project meets the habitat enhancement exemption criteria,SEPA and all local government permits are considered exempt and consistent with the revisions to the WACs,and local government fees are waived. 4. The law determines that"fish habitat enhancement projects that conform to the provisions of the act are determined to be consistent with local shoreline master programs". DEPARTMENT OF FISH AND WILDLIFE: 1. Upon receipt of a complete JARPA and request for the fish habitat exemption process,review the proposed project plan for compliance with the requirements listed in section 1 and 2 of 2SHB 2879(also listed on page 1,applicant section#A and B). a) If JARPA is incomplete or if it is determined that a project does NOT meet the exemption criteria,contact the applicant and local government planning department and inform them the project does not qualify for the exemption. Return JARPA to the applicant. The applicant may reapply to WDFW,the applicable Local Government and other permitting agencies for approval under the full permitting process. b) If JARPA is complete and the project meets the criteria,start the HPA 45-day exemption process(defined below); 1. WDFW must allow 15 days for interested parties,and local governments to provide comments on the project—no approval action can be taken within the first 15 days of receipt of the JARPA; 2. If comments are received,WDFW will decide whether the concerns raised can be mitigated through conditions of the HPA—if yes, continue to#4. If no,WDFW will notify the applicant and applicable Local Government. The applicant may reapply to WDFW,the applicable Local Government and other permitting agencies for approval under the full permitting process; 3. WDFW must approve or deny the B PA,or make a determination that the proposed work does not qualify for the exemption process within 45 days. JARPA\2879form.doe,4/27/98,page 2 of 2 �I 77 FFR 1 7 2007 State of Washington DEPARTMENT OF FISH AND WILDLIFE Mailing Address: 600 Capitol Way N-Olympia,Washington 98501-1091 -(360)902-2200,TDD(360)902-2207 Main Office location:Natural Resources Building-1111 Washington Street SE-Olympia,WA February 7, 2007 W-, I E3 3z-sb -OCDC03 Pacific Northwest Salmon Center TO BE KEPT IN THE Attn: Neil Werner PO Box 3238 PARCEL FILE Belfair, WA 98528-3238 SUBJECT: Request to Use the Streamlined Fish Habitat Enhancement Process for Sweetwater Creek Project,Located on Sweetwater Creek,a Tributary of Hood Canal, WRIA 12 in Mason County. Control# 107957-01 Dear Mr. Werner: The Washington Department of Fish and Wildlife(WDFW)has reviewed your application to use the Streamlined Fish Habitat Enhancement Process under RCW 77.55.181. Based on the information provided in the Joint Aquatic Resource Permit Application (JARPA), this project meets the requirements for the Streamlined Hydraulic Project Approval process. Under the Streamlined Process,this project is exempt from the requirements of the State Environmental Policy Act, as well as all local government permits and fees. The WDFW Area Habitat Biologist for your region, will be reviewing your JARPA and assist with development of your permit. For questions,please contact me at(360) 902-2575. Sincerely, Teresa A. Eturaspe, SEPA/NEPA Coordinator Habitat Program TAE: tae/FEP07-004 cc: Mason County Planning Gary Bell,ABB Debbie Wells,rrAS2 Files ' RErFIVED JAN ?, -:; tubi 426 W. CEDAR STJ I Design Report for the 1 Sweetwater Creek Realignment Project Belfair, Washington 1 i ' January 2, 2007 I IPrepared for: The Pacific Northwest Salmon Center I , MA WA8 Y ' Bruce Dees and y 7 zl Associates, LLC Tacoma, Washington Bruce Dees&Associates,LLC Sweetwater Creek Realign=nt Design Report 1 Introduction The Sweetwater Creek realignment project will revise the alignment of Sweetwater Creek located in Belfair,Washington and shown on the vicinity map in the report's appendix. The creek realignment project will eliminate two 90-degree bends that occur downstream of the box culvert under State Route 3. The realignment project starts on the west side of State Route 3 and continues downstream approximately 340 feet. The reconstructed ' channel alignment will provide gentle curvilinear alignment, develop a defined thalweg path,and provide pools, point bars and riffles to enhance fish passage through the stream. tProject Need The Pacific Northwest Salmon Center has identified the Sweetwater Creek realignment project as a way to improve fish passage through the creek. This realignment project will aid fish passage to and from Hood Canal,remove obstacles in the flow path and as a secondary benefit,provide for better use of the nearby property. The proposed alignment is designed to follow a more natural path typically found in fish rearing creeks. ' Existing Creek Conditions The Sweetwater Creek drains an area that is approximately 174 acres' located east of ' State Route 3. Water collects in small shallow flow tributaries that flow into a millpond in the Sweetwater Creek streambed. The Creek's flow path continues to an existing box culvert that allows the creek to passes under State Route 3. The water is discharged from ' the culvert and makes a 90-degree bend to the south,flows for approximately 90 feet and then turns abruptly through another 90-degree bend and flows in a southerly/ southwesterly direction where it then meanders east to eventually drain into Hood Canal. ' The creek's existing alignment and proposed realignment are shown in Figure 1. The existing creek cross section consist of a bottom width that varies between two and ' four feet in length. The average side slope varies between one vertical to one horizontal at its steepest location,to a slope of one vertical to six horizontal at the east end of the ' project. The average slope is one vertical to two horizontal. The creek's existing cross- section is shown in Figure 2. The creek's existing average longitudinal slope from the project's start to the finish is 0.0363 fdft. The elevation change is approximately 12 feet over a length of 330 feet. The creek bed consists of gravel, sands, and silts commonly found in northwest streams. The Natural Resources Conservation Service(formally the Soil Conservation Service) ' survey indicates that the soil type found in this area is Everett gravelly sand loam2. The soils found at the project site are consistent with the Everett gravelly sand loam designation. 1 Based on the hydraulic analysis information provided by ESA Inc. A copy of the hydraulic information is included at the end of this report. ' 2 Per the MRCS website. See soil map and soil designation included in the report appendix. Bruce Dees&Associates,LLC Sweetwater Creek Realignment I Design Report i 1 ELEMENTARY SCHOOL 1 � t � - 1 3 r ' I ' PACIFIC NORTHWEST SALMON CENTER EXISTING CREEK COURSE SWEETWATER CREEK COURSE PROPOSED CREEK COURSE JULY 2006 DEUE.S�& r r r r ® ASSOCw 1 1 1 1 A a Z � 1 1 : 1 1 -- 1 1 s i TYPICAL EXISTING CREEK SECTION SCALE 1 H: 1" =20' V: 1" = 2' 1 1 BRUCE DEES& SWEETWATER ° ` i ASSOCIATES CREEK FIGURE-2 r :■rrirnri.n��n Based on the existing creek conditions and the estimated drainage basin flows,the ' creek's realignment is designed to aid fish passage by"smoothing out"the creek alignment. The design criteria used is detailed in the next section. ' Design Criteria The Sweetwater Creek realignment design is based on the following information: ' • The creek's existing geometry • The expected channel flows • Design.criteria and recommendation from several documented sources that include: o Washington State Department of Fish and Wildlife's WDFW-Stream Habitat Restoration Guidelines-Sept. 2004 o Field Manual of Urban Stream Restoration ' o Stream Restoration—A Natural Channel Design Handbook The creek's realignment design retained the same elevation change between the project's start and stopping points. The realigned creek's length is approximately 330 feet and the revised average slope is 0.0363 ft/ft. ' The creeks bends were revised to eliminate the abrupt 90-de direction changes and P � g construct smoother curve radii to provide a more natural meander pattern to the creek. Based on the design recommendations,the radius of curvature is set at 2.3 times the bank-full width,which is calculated to be 16.4 feet wide for the existing slope. The minimum curve radius shown on the design is 38 feet. The bank slopes are being reshaped to provide consistent bank slopes down the length of the realigned section. The slopes will vary between one vertical to three horizontal on the inside curve bank to one vertical to two vertical on the outside curve banks. The bank slope grades will allow native vegetation growth. A bank restoration plan in included with the drawing set and will be implemented after the work is completed. Expected Channel Flows The creek's realignment was also designed based on the expected channel flows that the creek would see as runoff from the upstream drainage basin. Table 1 below shows the ' expected flows based on flow rates provided by ESA Inc. and accepted engineering equations for open channel flow. The calculated post developed runoff rates were used to a ' provide conservative flow rates,velocities and bank elevations. Table 1. Calculated Cheek Flow 's Storm Event Flow Rate (CFS) Velocity(FPS) Channel Depth(FI) 2 year 9.11 2.0 0.75 10 year 21.32 2.6 1.55 25 year 29.10 2.75 1.60 Bruce Dees&Associates,LLC Sweetwater Creek Realignment ' Design Report Large Wood Debris (LWD)Structures This project includes the construction of large wood debris (LWD) structures to enhance ' the streams spawning features and create habitat. These wood debris will also be used in the natural processes that scour and deposit bed and bank material to create and maintain ' new stream habitat. The LWD is imbedded into the stream banks on the log ends to retain the logs during high flow events. The logs will be pointed down stream and have a finished bottom elevation slightly above the average stream flow level. Gravel Bed Material Selection The gravel bed material selection is based on the WDFW' design guide 8-14-06 to size the maximum size cobles and then the uniformity curve to design the mix. The gravel bed specifications calculated are 4 scoops 16" -8"cobble,2 scoops 8"to 4"rock, 2 scoops 2"-1 W'drain rock, 1 scoop pea gravel, 1 scoop ASTM 33 sand. All washed. ' The calculated results are included in'the report's appendix. Permit Requirements ' The only permits that are expected to be required is a Hydraulic Project Approval(HPA) from the Washington State Department of Fish and Wildlife, and a grading permit from Mason County Development Review. A Joint Aquatic Resource Permit Application (DARPA)has been completed and will be submitted to the WDFW and Mason County for their review and comment. The additional permit application information will also be 3 submitted so that the project can waive the permit fees and SEPA review. Construction Sequencing The realignment construction will need to be completed in a manner that minimizes the ' impact to the Sweetwater Creek's water quality. The design is done to purposely minimize the work in the existing streambed. There is some construction work required at the culvert's outfall,where the new alignment crosses the old streambed and where the ' new alignment ties back into the existing stream. l The design moves most of the new stream alignment south of the existing stream. This is done so that the contractor can complete the work without working in the stream. There will be some construction sequencing that is required when it is time to connect the old and new stream alignments. The key to doing this work is minimizing the amount of sedimentation that is transported downstream. The key components to minimizing sedimentation is using filter fence fabric placed per the plans,using the creek water to settle the sedimentation before it is allowed to move downstream,and working during the low flow times,which are typically in July and August. If the construction sequence if followed and the construction is per details and plans,the amount of sedimentation transported in the creek should be minimal. � i ' 1 Bruce Dees&Associates,LLC Sweetwater Creek Realignment Design Report Sweetwater Creek Realignment ' Design Report Appendix ' • Vicinity Map • NCRS Soil Map and Soil Survey Information ' • Drainage Basin Runoff Calculations by ESA,Inc. • Hydraulic Calculations and Supporting Information • Gravel Bed Material Information. 1 Brace Dees&Associates,LLC Sweetwater Creek Realignment ' Design Report I ..a1 we '"WW gpmw VOW Now low .ow qlw I-ow -NNW SEE MAP 08 I ; a$gl i I , I -------- -------- ---------- ------------------ , � 1 1 I WR2W N r-R1w w m ;� o° = 1 i i I ; LARB011 lAM FD i wooEmPcr i 6 AD m m J ® 171 ' ------------ w --- ------ -. ----- I -�' �'+ �- F- ---- —,a,+�---- ic - LN j 1 Waft RD v I� i v I ----------- ----------------- ---------------- ----h----- -- --- - ------------- --- -- + ---- --------------h---- - -------- --- --- OLD S I BELFAIR rn i F N i VMS OFEST w ' ZZ ' I ---------------- ------------- ----------------- -- --------------- ---------- ------ ------ - ------ ++�--------------- i 0 I w GA 1 1 I _ _MASON; ' i ; COUNTY i '104— — --+ — — N KITSAP �'I COUN i i i ja (TI A �PI W AN �-+ ' AmnOUMBI!- M d3NNnjiGV0H-WdMMS Amnoo NOSVW � t Y� 1 J u. - s `I t b m U N O O C I �J r itEv a.. a � = R ' w x 3 � fo O 0 0 J .O U) I� N t0 U m p 'N-1 Ln N d � L M a I S Q Ln O N *•� N '} Page 1 of 2 Brian Matthews ' From: Pat McCullough[path@waverable.com) Sent: Tuesday, May 09, 2006 2:17 PM To: Brian Matthews Subject: Sweetwater Creek Brian, This is the MGSFIood output. The event model give higher flows and is not well suited for this analysis. The ungaged stream analysis is close to the MGSFIood results. I would use the results below and the fish flows shown on the other spreadsheets. ' Do you need watershed graphics for your work? Pat ' Basin F- Sweetwater Creek Input File Name: SweetWater.fld Project Name: Sweetwater Analysis Title: Comments: precipitation Input********** Extended Precipitation Timeseries Selected Climatic Region Number:7 Full Period of Record Available used for Routing Precipitation Station:950056 Puget West 56 in MAP 10/01/1939-10/01/2097 Evaporation Station :951056 Puget West 56 in MAP ' Evaporation Scale Factor :0.750 HSPF Parameter Region Number:1 HSPF Parameter Region Name :USGS Default ' Number of Subbasins: 1 ' "**Tributary to Node:1 Subbasin Number:1 ***Bypass to Node :None ----Area(Acres) Developed— Predeveloped To Node Bypass Node Till Forest 131.400 0.000 Till Pasture 0.000 0.000 131.400 0.000 Till Grass 0.000 0.000 ' Outwash Forest 42.600 0.000 Outwash Pasture 4 . 0 0.000 0.000 1.95 0 0.000 Outwash Grass 0.000 0.000 Wetland 0.000 0.000 Impervious 0. 0 0.000 0.000 0.650 0.000 1 Subbasin Total 174.000 174.000 0.000 ' 5/31/2006 Page 2 of 2 "*Point of compliance Flow Frequency Data Recurrence Interval Computed Using Gringorten Plotting Position Predevelopment Runoff Poetdevelopment Runoff Tr(Years) Discharge(cis) Tr(Years) Discharge(cis) 2-Year 6.359 5-Year 2-Year 9.110 10.353 5-Year 14.835 10-Year 13.300 10-Year 25-Year 17.851 21.323 50-Year 25-Year 29 098 20.945 50-Year 100-Year 24.018 35.090 200-Year 300-Year 36.699 24.304 200-Year 45.677 Pat McCullough 9 ESA, Inc. ' Office: 130 NE Dulalip Landing Mail: 210 ONE Cherokee Beach Belfair,WA 98528 360-275-7384-Fax 360-277-3187, Cell 360-620-7428 email: Path@Wavecable.com ' 5/31/2006 i 1.1 � r p � 1p Ilk � �- ��' ` LtRfiMGP;iyrN M]7wGlt'R sit fi qirr B*ND 1 OD CL �- * r } UGApUNDARY _ ACRES ti a r. . SCALE: P-1600' FIGURE 4 LOWER UNION RIVER- BELFAIR UGA STORM DRAINAGE STUDY EXISTING WATERSHEDS, STREAMS AND BUFFERS 1 Bm, )nj7--& FiA A/6kAW4 a Ve, Rai Rer., R'd y v,=L vr- (fivit) L z i J4 1Z �5 T-44,-4,o FL�*) 4w fAlk aw tw .40 VJ W i 0 F l 4 Ll 7q 4w Steep Channel Design Tool - Hydraulics and sediment stability for steep,rough channels Analysis by Brian K.Matthews,PE 12-07 Stream: Sweetwater Creek Repair Spawning Gravel Calculation �w Stream at bank Culvert or stream? full flow H draulic input block Sediment in ut block (ft) Bed stability design flow,cis 29 Measured sediment D100 Velocity flow,cfs 29 to 29 D84 Channel Width,It 4 D50 Unit Discharge,cfs/ft 7.25 An Channel Slope,ftlft 0.0363 Stream bed distribution D84 0.12 material gradation(ft) D100: 0.24 74 min Fuller-Thomson D84 0.19 D84: 0.19 58 D50: 0.09 28 Williams Pateohydraulic ` Sediment sizing calculations Unit Stream Power method mm feet Bathurst D84,using streambed dist. OA1 ft, particle size at incipient motion Part.that will move 27.53 0.09 COE steep chute D84=1.5*D30 0.55 It, dprap particle assumed stable Part.that will not move 512.9 1.68 Predicted bed restructuring(movement of D84,1-10%slope),Costa Flow depth 0.5 ft,average flow depth Flow velocity to move D84 4.3 fps Costa's bed changing flow(rectangular chan.) 9.3 cfs Click to store the current values on the Froude number at bed changing flow 1.02 1 Idata storage work sheet. Normal flow for a rectangular channel .� Click button to Bohm for normal flow "OK"means solving routine worked correctly OK OK OK Limerinos Jarrett Mussetter Velocity series Depth,ft 1.17 2.33 1.36 Area,ftA2 4.70 9.32 5.46 Click to calculate the velocity series(in 4 Hydraulic Radius,ft 0.74 1.08 0.81 increments)and store the data on the Average Velocity,fps 6.17 3.11 5.32 data storage work sheet. Froude Number 1.00 0.36 0.80 s Shear stress(gamma`R*S),Ib/ftA2 1.68 2.44 1.84 R/D84 3.9 5.7 4.3 Roughness range ISR ISR ISR r Applicability,R/D84 0.9-68 indep.of sed. 0.24-3.72 Manning's n 0.04 0.10 0.05 40 Comments: For S<0.08 veloccty>2.3 fps,less accurate EDF 14 7 12 ss low «r air �e a►F ,.� Analysis Date:1-2-07 Hydraulic Calculations for Sweetwater Creek SWEETWATER CREEK SEDIMENT HYDRAULICS AND SEDIMENT TRANSPORT CALCULATIONS REACH DISCHARGE AREA-S=.0363 NEW CHANNEL HYDRAULIC CHARACTERISTICS FOR n=0.10 Depth 0.5 1 1.5 2 2.5 3 S,Slope,percent= 0.0363 0.0363 0.0363 0.0363 0.0363 0.0363 D,Depth,feet= 0.5 1 1.5 2 2.5 3 A,Area,sq feet= 2.5 6.00 9.375 16 22.5 30 P,Perimeter,feet= 6.6 8.47 10.7 12.94 15.18 17.4 w HR,Hydraulic Radius,feet= 0.38 0.71 0.88 1.24 1.48 1.72 n,Manning's Roughness= 0.1 0.1 0.1 0.1 0.1 0.1 n varies because of the LWD in the stream Velocity 1.49 2.26 2.60 3.27 3.69 4.08 Q,Volume Rate of Flow,cfs 3.7 13.5 24.4 52.3 83.0 122.5 D50 mm using sheilds shear Assumes a sheilds dimentionless shear stress stress no.for wide gravel 53 107 160 213 267 320 di n Tonle Use EM 1110-2- streams.SN=dS/(s-1)D50 No. 0.0 .U D50 in inches 2 4 6 8 11 13 D100 equals 2.6 x D50 on the Fuller Thompson Uniform 139 277 416 555 694 832 Gradation Curve D 100 in inches 5 11 16 22 27 33 CONCLUSIONS:ACCORDING TO THE SHEILDS NO.APPROACH-TO PREVENT SEDIMENT TRANSPORT IN THE NEW DEAN CREEK CHANNEL. D100(bank full main channel)=8 to 11 inches D50=(bank full main channel)=3 to 4 inches Use D 100 of 12 inches,D 50 of 4 inches SWEETWATER CREEK-VELOCITY CHART FOR NEW CHANNEL FOR n=0.1 140.0 _.__.,_._.__ ow 120.0 LL 100.0 O 80.0 C 60.0 a ��Seriesi LL 40.0 Am 20.0 0.0 m 0.00 0.50 1.00 1.50 2.00 2.50 3.00 3.50 4.00 4.50 VELOCITY IN FPS wr T CO ads !!�^^ VJ ii O a Ui Rt W all M W.g s O Flit 3.rCDC Lq -."`� :',. _ ,• .-. - _ ism q •"/ AN cc LL T x V ffi M p w o J Z �� q N Z W Z off k TQ — V LL a LJ.I W W > T T +4# AI11 WLq N i O 0 O O O O O O O O N O 00 to N r r r SAO NI MOIJ VW 4 Where: 40 Q = Water Quality Design flow rate in 15-minute time steps based we on WWHM, (W/s, cfs) n = Manning's n (dimensionless) of s = Longitudinal slope as a ratio of vertical rise/horizontal run(dimensionless) A = Cross-sectional area(ft) .. R = Hydraulic radius (ft) T = top width of trapezoid or width of a rectangle(ft) y = depth of flow(ft) b = bottom width of trapezoid(ft) If equations 2 and 3 are substituted into equation 1 and solved for T, complex equations result that are difficult to solve manually. However, approximate solutions can be found by recognizing that T»y and Z2»1, and that certain terms are nearly negligible. The approximation solutions for rectangular and trapezoidal shapes are: Rrectangle"y, Rtrapezoid`y, Rparabolic-0.67y, R,,sz�0.5y Substitute Rtrapezoid and Atrapezoid =by+Zy2 into Equation 1, and solve for the bottom width b(trapezoidal swale): _ 2.5Qn —Zy b 1.49y1.67s0.5 For a trapezoid, select a side slope Z of at least 3. Compute b and then top width T, where T=b+2yZ. (Note:Adjustment factor of 2.5 accounts for the differential between Water Quality design flow rate and the SBUH design flow. This equation is used to estimate an initial cross-sectional area. It does not affect the overall biofiltration Swale size) If b for a swale is greater than 10 ft,either investigate how Q can be reduced, divide the flow by installing a low berm, or arbitrarily set b= 10 .. ft and continue with the analysis. For other swale shapes refer to Fig. 9.5. ew A. AW Aw February 2005 Volume V—Runoff Treatment BMPs 9-7 CHANNEL GEOMETRY .. ,* V- Shape, T Z'd _ @ Cross-Sectional.Area(A)= Zy2 Top Wxkhm•2yZ Hydraulic Ram(R) Zv Parabolic Shape T Y Croes,Sectional Area(A) 2 Ty Top Width M- . Hydraulic Radius(R)- t.5_— Trapezoidal Shape �,.��.. T Z d �.._... b CressSecxional Area(A)• by+Zy2 Top Width M• b+2 y z *" by +Zvi b +2y 4 Z '+ 1 Figure 9.5—Geometric Formulas for Common Swale Shapes +r Source: Livingston, et al, 1984 �r 9-8 Volume V—Runoff Treatment BMPs February 2005 a. D-5. Compute A: 4W A reogte = Ty or A traPazosa = by+Zy2 �.' Astter sip=Ty D-6. Compute the flow velocity at design flow rate: V =x Q '.' A *. K=A ratio of the peak 10-minute flow predicted by SBUH to the water quality design flow rate estimated using the WWHM. The value of K is determined from Figure 9.6a for on-line facilities, or Figure 9.6b for off- line facilities. If V>1.0 Mee(or V>0.5 Mee for a filter strip),repeat steps D-1 to D-6 until the condition is met. A velocity greater than 1.0 ft/sec was found to flatten grasses, thus reducing filtration. A velocity lower than this maximum value will allow a 9-minute hydraulic residence time criterion in a shorter biofilter. If the value of V suggests that a longer biofilter will be needed than space permits,investigate how Q can be reduced(e.g.,use of low impact development BMP's), or increase y and/or T(up to the allowable maximum values)and repeat the analysis. D-7. Compute the swale length(L, ft) L=Vt(60 sec/min) Where: t=hydraulic residence time(min) Use t= 9 minutes for this calculation (use t= 18 minutes for a continuous inflow biofiltration swale). If a biofilter length is greater than the space permits, follow the advice in step D-6. If a length less than 100 feet results from this analysis, increase it to 100 •• feet, the minimum allowed. In this case, it may be possible to save some space in width and still meet all criteria. This possibility can be checked by computing V in the 100 ft biofilter for t=9 minutes, recalculating A (if V< 1.0 ft/sec) and recalculating T. D-8. If there is still not sufficient space for the biofilter, the local 40 government and the project proponent should consider the following solutions (listed in order of preference): 1) Divide the site drainage to flow to multiple biofilters. 2) Use infiltration to provide lower discharge rates to the biofilter(only if the Site Suitability Criteria in Chapter 3, Volume III are met). 3) Increase vegetation height and design depth of flow (note: the design must ensure that vegetation remains standing during design flow). 4, February 2005 Volume V—Runoff Treatment BMPs 9-9 +�+ DMding Dorm Cc End of Swal000��� to Swale Bottom Inflow A *+ Dottom of Swats Flow Spreader at Ground Surface Rlp-Rap or Quarry Spalls PLAN VIEW NTS Rebar Stakes(T )for Anchoring Dorm(if Dorm not madd of Earth Fill), A Flush with Top of Dorm A �r Swale bottom r i I IT min. NT5 IN A-A } it Notes,. tl 1. Berm may be Made of Compacted Eorthflll(seeded with grass),Timber,Concrete Plastic,or Similar Weather-Resistant Non-Erodlblo Material, 2 Rebar Stakes or Similar Derni Anchorigg Materials Needed if Berm Made al Timber,Plastic, or Concrete Curbing-Stake Placement Requirrrd at Doth Ends of Each Individual Member (at a minimum). e Figure 9.4—Swale Dividing Berm D-3. Select swale shape-typically trapezoidal or parabolic. D-4. Use Manning's equation and first approximations relating hydraulic radius and dimensions for the selected swale shape to obtain a working value of a biofilter width dimension: 1.49AR 0.67 so.s Q= (1) n A rectangle = Ty (2) R — Ty y (3) rectangle — T+2 9-6 Volume V—Runoff Treatment BMPs February 2005