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Home My WebLink AboutSHX2016-00049 SEP2016-00070 Determination - SHX Application - 10/28/2016 yoN.srgTFo� MASON COUNTY �P C Department of Community Services o n o �y Planning Division ,. s N = 615 W Alder St, Shelton,WA 98584 N Y ti (360)427-9670 OJ �O 1864 Exemption from Shoreline Management Act Case No.: SHX2016-00049 Substantial Development Permit Requirement The Proposal By: JIM VARANO P O BOX 69 HOODSPORT, WA 98548 Parcel Number: 423321260031 Site Address: 5903 N LAKE CUSHMAN RD HOODSPORT To undertake the following development: BULKHEAD and STAIRS: Replacing a non-permitted bulkhead (wood replaced with sustainably harvested yellow cedarwood) - 59' long by 4' height above grade with wing walls inset into the bank on both sides. The bulkhead will be constructed of eight by eight inch (8"x 8") Alaska yellow cedar posts, two by eight-foot (2' x 8') yellow cedar planks, and galvanized hardware. Eight galvanized steel girders will be bolted to the back of the bulkhead, angled into the bank and set in concrete. Basalt rip rap (1/2 man) will be placed along the toe and around all posts to a width of one foot. Post and piling holes will be four feet (4') deep, two feet (2') wide, and filled with concrete and rebar. DOCK: Replacing a non-permitted 255 sf pier with a 289 sf pier/ramp/float: 8' by 10, pier, a 3' by 14' ramp, and an 8.25' by 16' of polyethylene encapsulated styrofoam floats. Pier will be supported by the bulkhead and by four yellow cedar pilings. Float will be positioned with four yellow cedar pilings fitted with metal float stops that prevent the float from resting on the lakebed. Metal grating will be installed on the pier and float (50% total for each with 60% light passage). Basalt rip rap (1/2 man) will be placed around pilings to a width of one foot. Piling holes will be 4' deep and 2' wide, filled with concrete and rebar. Dock will be grated with ThruFlow decking panels, which are made of reinforced polypropylene. STAIRS: From house to the bulkhead (not waterward of the OHWM). Replacing a 115' stairway with 115' by 4' of wood (sustainably harvested yellow cedar) stairway including seven 4' by 4' landings. The two concrete retaining walls under the stairs are 'existing.' Note- the 4' by 60' deck along the upland side of the proposed bulkhead shown in the 9/19/16 drawings will not be authorized (without a Variance). A Biological Evaluation has been prepared by BioResources. Within LAKE CUSHMAN and/or its associated wetlands is exempt from the requirement of substantial development because the development is categorized under WAC 173-27-040(2) as being category: C-normal protective bulkhead A14Poo-0xr- Ack- Please contact Rebecca Hersha at ext 287 if you have any questions. _--.-------------I t -_- ----- -'AGENCY USE ONLY Date received: 9 f 29/2016 WASHINGTON STATE D^ (revised) ' SHX2016-00049 Agency reference#:, _ Joint Aquatic Resources Permit 42332-�2-600s Tax Parcel#(s):_ Application (JARPA) Form1,2 ; USE BLACK OR BLUE INK TO ENTER ANSWERS IN THE WHITE SPACES BELOW. , L-------------------------------------- Part 1—Project Identification 1. Project Name(A name 11 for your project that you create. Examples:Smith's Dock or Seabrook Lane Development) thel Varano Bulkhead, Pier, and Float Project. Part 2—Applicant The person and/or organization responsible for the project. hel 2a. Name (Last,First,Middle) Varano, James 2b. ,Organization (If applicable)' 2c. Mailing Address (street or,PO Box) PO Box 69 2d. city, State, Zip Hoodsport, WA 98548 2e. Phone(1) 2f. Phone(2) 2 . Fax 2h. E-mail See agent please lAdditional forms may be required for the following permits: • If your project may qualify for Department of the Army authorization through a Regional General Permit(RGP),contact the U.S.Army Corps of Engineers for application information(206)764-3495. • If your project might affect species listed under the Endangered Species Act,you will need to fill out a Specific Project Information Form(BPIF)or prepare a Biological Evaluation. Forms can be found at http//www nws usace armv mil/Missions/CivilWorks/Regulatory/PermitGuidebook/EndangeredSpecies.asax. • Not all cities and counties accept the JARPA for their local Shoreline permits.If you need a Shoreline permit,contact the appropriate city or county government to make sure they accept the JARPA. ZTo access an online JARPA form with[help]screens,go to htt //www.epermittinci.wa.gov/site/alias resourcecenterharpa iarpa form/9984/iarpa form.asgx. For other help,contact the Governor's Office of Regulatory Assistance at 1-800-917-0043 or help(a)ora.wa gov. Page 1 of 14 JARPA Revision 2012.1 Part 3—Authorized Agent or Contact Person authorized to represent the applicant about the project. (Note: Authorized agent(s) must sign 11 b of this application.) LkM 3a. Name (Last, First, Middle) Valdeman, Caralyn 3b. Organization (If applicable) Integrated NW Construction, LLC 3c. Mailing Address (Street or PO Box) 60 N Lake Cushman Rd, Suite 109 3d. City, State, Zip Hoodsport, WA 98584 3e. Phone(1) 3f. Phone(2) 3 . Fax 3h. E-mail (253) 888-5314 (206) 319-4239 caralyn@integratednwconstruction.com Part 4—Property Owner(s) Contact information for people or organizations owning the property(ies) where the project will occur. Consider both upland and aquatic ownership because the upland owners may not own the adjacent aquatic land. hel ❑ Same as applicant. (Skip to Part 5.) ❑ Repair or maintenance activities on existing rights-of-way or easements. (Skip to Part 5.) ❑ There are multiple upland property owners. Complete the section below and fill out JARPA Attachment A for each additional property owner. ❑ Your project is on Department of Natural Resources (DNR)-managed aquatic lands. If you don't know, contact the DNR at (360) 902-1100 to determine aquatic land ownership. If yes, complete JARPA Attachment E to apply for the Aquatic Use Authorization. 4a. Name (Last, First,Middle) 4b. Organization (If applicable) Tacoma Power 4c. Mailing Address (Street or Po Box) P.O. Box 11007 4d. City, State, Zip Tacoma, WA 98411-0007 4e. Phone(1) 4f. Phone(2) 4 . Fax 4h. E-mail JARPA Revision 2012.1 Page 2 of 14 J , r Part 5—Project Location(s) Identifying information about the property or properties where the project will occur. Lmd ❑ There are multiple project locations (e.g. linear projects). Complete the section below and use DARPA Attachment B for each additional project location. 5a. Indicate the type of ownership of the property. (Check all that apply.) hel' X ❑ Private ❑ Federal ❑ Publicly owned (state, county, city,special districts like schools, ports,etc.) ❑ Tribal ❑ Department of Natural Resources (DNR) — managed aquatic lands (Complete DARPA Attachment E) 5b. Street Address (Cannot be a PO Box. If there is no address,provide other location information in 5p) h I 5903 North Lake Cushman Road 5c. `City, State, Zip(If the project is not in a city or town, provide the name of the nearest city or town.) lheAl Hoodsport, WA 98548 5d. County MILIO Mason 5e. Provide the section, township, and range for the project location. hel' 1/4 Section Section Township Range 32 23N 4W 5f. Provide the latitude and longitude of the project location. fbelid + Example:47.03922 N lat.'/-122.89142 W long. (Use decimal degrees-NAD 83) 47. 44597 N 123.21428 W 5g List the tax parcel number(s) for the project location. [helol • The local county assessor's office can provide this information. 42332-12-60031 5h` Contact information for all adjoining 'property owners. (if you need more space,';use I°F PAAtEachmeot Q.) Who Name Tax Parcel# if known) Mailing Address C John & Carla Stratfold 2301 88th Ave NE, Bellevue WA 98004 2404 42332-12-60032 .................. ........... David & Karen Donjee 6501 46th St N, Gig Harbor WA 98335. . 42332-12-60030 ...................................................... -------------- -- ..--.. .................. ........... ........... .......... ................... ... .............. ..... ... ............... Page 3 of 14 JARPA Revision 2012.1 5i. List all wetlands on or adjacent to the project location. hey No wetlands on or adjacent to the project location. 5j. List all waterbodies (other than wetlands) on or adjacent to the project location. hit Lake Cushman. 5k. Is any part of the project area within a 100-year floodplain? het ° X❑ Yes ❑ No ❑ Don't know 51. Briefly describe the vegetation and habitat conditions on the property. het Site is moderately vegetated with native vegetation. Project mitigation is a native planting plan. 5m. Describe how the property is currently used. hei Residential. 5n. Describe how the adjacent properties are currently used. het Residential/recreational. 50. Describe the structures (above and below ground) on the property, including their purpose(s) and current condition. het , There is a SFR, shoreline access stairs, a wood bulkhead, and a pier on the site. The stairs, bulkhead, and pier are in poor condition. 5p. Provide driving directions from the closest highway to the project location', and attach a map. (h, tom' From Shelton, take SR 101 North to Hoodsport, turn left on Lake Cushman Rd (SR 119) and follow approx. 5.7 miles to the applicant's driveway on the left side of the road. Site is the last SFR at the bottom of the hill. Part 6—Project Description JARPA Revision 2012.1 Page 4 of 14 6a. Briefly summarize the overall project. You can provide more detail in 6b. ,[hgm Existing shoreline development was installed without permits and is in need of replacement. An existing bulkhead, pier, and shoreline access stairs will be re laced. 6b. Describe the purpose of the project and why you want or need to perform it. hel See above (6a). 6c. iIhdicate the project category. (Check all that apply) thilM ❑ Commercial x❑ Residential ❑ Institutional ❑ Transportation ❑ Recreational ❑ Maintenance ❑ Environmental Enhancement 6d. Indicateuthe major elements of your project. {check all that apply) [help] ❑ Aquaculture ❑ Culvert ❑ Float ❑ Retaining Wall ❑ Bank Stabilization ❑ Dam /Weir ❑ (upland)Floating Home El Road ❑ Boat House ❑ Dike/ Levee /Jetty ElGeotechnical Survey El Scientific ❑ Boat Launch ❑ Ditch El Land Clearing Measurement Device ❑ Boat Lift X❑ Dock/ Pier ❑ Marina / Moorage X❑ Stairs ❑ Bridge ❑ Dredging ❑ Mining ❑ Stormwater facility X❑ Bulkhead ❑ Fence ❑ Outfall Structure ❑ Swimming Pool ❑ Buoy ❑ Ferry Terminal ❑ Piling/Dolphin ❑ Utility Line ❑ Channel Modification ❑ Fishway ❑ Raft ❑ Other: 6e. Describe how you plan fo construct each project element checked in 6d. Include specific construction methods and equipmentio be'used. LW • Identify where each element will occur in relation to the nearest waterlaody: • Indicate which activities are within the 160-year floodplain, JARPA Revision 2012.1 Page 5 of 14 As per the engineered design by P.E. Alan Tahja (Attachments 2-5), the existing, approx. 55' wood bulkhead will be replaced with a new wood bulkhead that will be approx. four feet (4') in above grade height and approx. 59 feet in length with wing walls inset into the bank at both ends. The bulkhead will be constructed of eight by eight inch (8"x 8") Alaska yellow cedar posts, two by eight-foot (2' x 8') yellow cedar planks, and galvanized hardware. To provide added stability, eight (4" x 8") galvanized steel girders will be bolted to the back of the bulkhead, angled into the bank (at approx. 45 degrees), and set in concrete. Existing shoreline access stairs will also be replaced. The existing 255 sf pier will be replaced with an eight by ten-foot (8' x 101) pier, an approx. eight by sixteen-foot (8' 3" x 16') float with four (4) eight by eight inch (8" x 8") yellow cedar positioning pilings, and a three by fourteen-foot (3' x 14') aluminum ramp. The pier and float will be constructed of yellow cedar posts,joists, decking, and trim, and galvanized steel or aluminum hardware. The four float positioning posts will be fitted with metal float stops that prevent the float from resting on the lakebed. The new float will be fitted with polyethylene encapsulated Styrofoam®floats. Grating will be installed on the pier and float (fifty percent total for each with 60 percent light passage). Overwater coverage of the replacement pier (128 sf), ramp (28.8 sf), and float (132.3 sf) will total 289.1 sf for an increase in overwater coverage at the site of 34 square feet. To aid in mitigating erosion, basalt rip-rap (1/2 man rock) will be placed along the bulkhead toe and around all posts and pilings to a width of one foot (1') following construction. All post and piling holes will be four feet (4') deep, two feet (2') wide, and filled with concrete and rebar. No pressure treated lumber will be used in this project. Sustainably harvested Alaska yellow cedar, which is insect and decay resistant, will be utilized instead. All overwater structures will be grated with ThruFlow decking panels, which are made of reinforced polypropylene, contain no toxic preservatives, and are recyclable. A medium-sized jackhammer, a circular saw, and various hand tools will be used throughout the proposed project. All materials (with the exception of the float, which may be constructed off-site and transported by boat when the lake's waters are high), equipment, debris, and workers will be transported to and from the site in cars or trucks. Geo-textile fabric will be spread over the dry lakebed before commencement of project construction in order to contain any manmade construction debris. At the completion of construction, the geo-textile fabric will be removed from the shoreline at the site, along with all construction debris and other existing manmade debris. All debris will be disposed of at a licensed landfill or other licensed disposal site. All activities are within the 100-year flood plain. The nearest waterbody is Lake Cushman. K What are the anticipated start and end dates for project construction? (Month/Year) .t&M + If the project will be constructed in phases or stages, use DARPA Attachment D to list the start and end dates of each phase or stage. Start date: _The stairs will be constructed asap after receiving all required permits. The bulkhead and pier/float will be installed after the lake is lowered. End date: One week for the stairs and two weeks for the bulkhead and pier/float. ❑ See JARPA Attachment D 6g. Fair market value of the project, including materials, labor, machine rentals, etc. [ JARPA Revision 2012.1 Page 6 of 14 Unknown. 6h. Will any,portion of the project receive federal funding? hel If yes,list each agency providing funds. ❑ Yes x❑ No ❑ Don't know Part 7—Wetlands: Impacts and Mitigation ❑ Check here if there are wetlands or wetland buffers on or adjacent to the project area. (If there are none, skip to Part 8.) hel 7a. Describe how the project has been designed to avoid and minimize adverse impacts to wetlands. h[�]I X❑ Not applicable 7b. Will the project impact wetlands? hei' ❑ Yes ❑ No ❑ Don't know 7c. Will the project impact wetland buffers? lt]I ❑ Yes ❑ No ❑ Don't know 7d. Has a wetland delineation report been prepared? el • If Yes,submit the report,including data sheets,with the JARPA package. ❑ Yes ❑ No 7e. Have the wetlands been rated using the Western Washington or Eastern Washington Wetland:Rating System? het • If Yes,submit the wetland rating forms and figures with the JARPA package. ❑ Yes ❑ No ❑ Don't know 7f. Have you prepared a mitigation plan to compensate for any adverse impacts to wetlands? [f • If Yes,submit the plan with the JARPA package and answer 7g. +i If No,or Not applicable,explain below why a mitigation plan should not be required. ❑ Yes ❑ No ❑ Not applicable 7g. Summarize what the mitigation plan is meant to accomplish, and describe how a watershed approach was Used to design the plan. hel JARPA Revision 2012.1 Page 7 of 14 7h. Use the table below to list the type and rating of each wetland impacted, the extent and duration of the impact, and the type and amount of mitigation proposed. Or if you are submitting a mitigation plan with a similar table, you can state (below) where we can find this information in the plan. LbgU Activity (fill, Wetland Wetland Impact Duration Proposed Wetland drain, excavate, Name' type and area (sq. of impact' mitigation mitigation area flood, etc.) rating ft. or type (sq. ft. or category2 Acres) acres) 'If no official name for the wetland exists,create a unique name(such as"Wetland 1"). The name should be consistent with other project documents,such as a wetland delineation report. 2 Ecology wetland category based on current Western Washington or Eastern Washington Wetland Rating System.Provide the wetland rating forms with the JARPA package. 3 Indicate the days,months or years the wetland will be measurably impacted by the activity.Enter"permanent'if applicable. 4 Creation(C), Re-establishment/Rehabilitation(R),Enhancement(E), Preservation(P),Mitigation Bank/In-lieu fee(B) Page number(s) for similar information in the mitigation plan, if available: 7i. For all filling activities identified in 7h, describe the source and nature of the fill material, the amount in cubic yards that will be used, and how and where it will be laced into the wetland. hef 7j. For all excavating activities identified in 7h, describe the excavation method, type and amount of material in cubic yards you will remove, and where the material will be disposed. hey' JARPA Revision 2012.1 Page 8 of 14 Part 8—Waterbodies (other than wetlands): Impacts and Mitigation In Part 8, "waterbodies" refers to non-wetland waterbodies. (See Part 7 for information related to wetlands.) hel ❑ Check here if there are waterbodies on or adjacent to the project area. (If there are none, skip to Part 9.) 8a. Describe how the project is designed to avoid and minimize adverse impacts to the aquatic environment. het ❑ Not applicable A native planting plan has been proposed in the BE to mitigate for past and potential project impacts. BMPs will be followed during project construction. 8b. Will your project impact a waterbody or the area around a waterbody? hel x❑ Yes ❑ No 8c. Have you prepared a mitigation plan to compensate for the project's adverse impacts to non-wetland waterbodies? het • If Yes,submit the plan with the JARPA package and answer 8d. • If No,or Not applicable,explain below why a mitigation plan should not be required. x❑ Yes ❑ No ❑ Not applicable Yes. See BE, please. 8d Summarize what the mitigation plan is meant to accomplish. Describe how a watershed approach was used to design the plan. • If you already completed 7g you do not need to restate your answer here. [hejpj Page 9 of 14 JARPA Revision 2012.1 It is expected to improve the stability of the slope, plus it will increase the native vegetation coverage and diversity at the site. 8e. Summarize impact(s) to each waterbody in the table below. her, Activity (clear, Waterbody Impact Duration Amount of material Area (sq. ft. or dredge, fill, pile name' location of impact3 (cubic yards) to be linear ft.) of drive, etc.) placed in or waterbody removed from directly affected waterbody Lake shoreline 21 days; Approx. 2.5 cubic Approx. 8 sf Cushman phased yds 'If no official name for the waterbody exists,create a unique name(such as"Stream 1 z ")The name should be consistent with other documents provided. Indicate whether the impact will occur in or adjacent to the waterbody. If adjacent, provide the distance between the impact and the waterbody and indicate whether the impact will occur within the 100-year flood plain. 3Indicate the days,months or years the waterbody will be measurably impacted by the work. Enter"permanent"if applicable. 8f. For all activities identified in 8e, describe the source and nature of the fill material, amount (in cubic yards) you will use, and how and where it will be placed into the waterbody. het Approx. 11 cu/yds of basalt rip-rap will be used to back the bulkhead. Another 5 cu/yds will be placed along the bulkhead's toe and around the pier and float posts and piling footings to alleviate erosion. 8g. For all excavating or dredging activities identified in 8e, describe the method for excavating or dredging; type and amount of material you will remove, and where the material will be disposed. A small amount of substrate will be excavated for the pier and float posts and pilings. Excavation will be done by hand, using hand tools. Some of the material will be used to fill any depressions along the bulkhead's toe and around the pier and float post and piling footings. The remainder will be stockpiled at an upland location, as per Tacoma Power's rules. Part 9—Additional Information Any additional information you can provide helps the reviewer(s) understand your project. Complete as much of this section as you can. It is ok if you cannot answer a question. 9a. If,you have already worked with any government agencies on this project, list them below. fbgIM Agency Name Contact Name Phone Most Recent Date of Contact JARPA Revision 2012.1 Page 10 of 14 ( ) 9b. Are any of the wetlands or waterbodies identified in Part 7 or Part 8 of this JARPA on the Washington Department of Ecology's 303(d) List? Lhel • If Yes,list the parameter(s)below. • If you don't know, use Washington Department of Ecology's Water Quality Assessment tools at: htta!/www ecv wa gv/prvaremsMrgl303d/. ❑ Yes X❑ No 9c. What U.S. Geological Survey Hydrological Unit Code (HUC) is the project in? hei ` • Go to htt+f/efpul egcl puylsurfllocaterindex cfm to help identify the HUC. 17110018 9d. What Water Resource Inventory Area Number (WRIA#) is the project in? he Go to.hftp:L/www.!pgy wa a s►/services/Qis/maos/ riatw is htm to find the WRIA#. WRIA 16 9e. Will the in-water construction work comply with the State of Washington water quality standards for turbidity? het • Go to http://www ecv wa gov/proaramstwalswg eria h-tml for the standards. x❑ Yes ❑ No ❑ Not applicable 9f. If the project is within the jurisdiction of the Shoreline Management Act, what is the local shoreline environment designation? fW • If you don't know,contact the local planning department. • For more information,go to:Mtt :/' eo ,w ov/ r ra s/s a/s I ws rule /17 26 11 fts nat`ons. I. ❑ Rural X❑ Urban ❑ Natural ❑ Aquatic ❑ Conservancy ❑ Other 9g. What is the Washington Department of Natural Resources Water Type? M[..ek • Go to tt :/ nr. . <v/Busin ssPe `tsfr i F e radices ti s/P f iNatertyfor the Forest Practices Water Typing System. X❑ Shoreline ❑ Fish ❑ Non-Fish Perennial ❑ Non-Fish Seasonal 9h.' Will this project be designed to meet the Washington Department of Ecology's most current stormwater manual? I�et • If No, provide the name of the manual your project is designed to meet. X❑ Yes ❑ No Name of manual: Stormwater Management Manual for Western Washington. JARPA Revision 2012.1 Page 11 of 14 9L Does the project site have known contaminated sediment? het • If Yes, please describe below. ❑ Yes X ❑ No 9j. If you know what the property was used for in the past, describe below. Undeveloped forest land. 9k. Has a cultural resource (archaeological) survey been performed on the project area? heI • If Yes, attach'`it to your JARPA package. ❑ Yes X ❑ No But one will be performed. 91. Name each species listed under the federal Endangered Species Act that occurs in the vicinity of the project area or might be affected by the proposed work. Leip The Chinook salmon, the bull trout, the Puget Sound steelhead, the marbled murrelet, streaked horned lark, yellow-billed cuckoo, and the spotted owl are the ESA listed threatened or endangered species in the area. 9m. Name each species or habitat on the Washington Department of Fish and Wldlife's Priority Habitats and Species List that might be affected by the proposed work. heI See above, plus cutthroat trout and Kokanee. Part 10—SEPA Compliance and Permits Use the resources and checklist below to identify the permits you are applying for. • Online Project Questionnaire at http://apps.ecv.wa.gov/opas/. • Governor's Office of Regulatory Assistance at (800) 917-0043 or help _ora.wa.aov. • For a list of addresses to send your JARPA to, click on agency addresses for completed JARPA. 10a. Compliance with the State Environmental Policy Act (SEPA). (check all that apply.) het, • For more information about SEPA,go to www ecy wa golorograrns/sea/seale review FtmF. ❑ A copy of the SEPA determination or letter of exemption is included with this application. X❑ A SEPA determination is pending with _Mason County (lead agency). The expected decision date is ❑ I am applying for a Fish Habitat Enhancement Exemption. (check the box below in 10b.) hel ❑ This project is exempt (choose type of exemption below). ❑ Categorical Exemption. Under what section of the SEPA administrative code (WAC) is it exempt? ❑ Other: JARPA Revision 2012.1 Page 12 of 14 ❑ SEPA is pre-empted by federal law. ,10b. Indicate the permits you are applying for, {Ct,ecktl that apply.} ttil LOCAL GOVERNMENT . Local Government Shoreline permits: X❑ Substantial Development ❑ Conditional Use ❑ Variance ❑ Shoreline Exemption Type (explain): Other city/county permits: ❑ Floodplain Development Permit X❑ Critical Areas Ordinance STATE GOVERNMENT Washington Department of Fish and Wildlife: X ❑ Hydraulic Project Approval (HPA) ❑ Fish Habitat Enhancement Exemption—Attach Exemption Form Effective July 10, 2012, you must submit a check for$150 to Washington Department of Fish and Wildlife, unless your project qualifies for an exemption or alternative payment method below. Do not send cash. Check the appropriate boxes: X ❑ $150 check enclosed. (Check# Attach check made payable to Washington Department of Fish and Wildlife. ❑Charge to billing account under agreement with WDFW. (Agreement# ❑My project is exempt from the application fee. (Check appropriate exemption) ❑ HPA processing is conducted by applicant-funded WDFW staff. (Agreement # 1 ❑ Mineral prospecting and mining. ❑ Project occurs on farm and agricultural land. (Attach a copy of current land use classification recorded with the county auditor,or other proof of current land use.) ❑ Project is a modification of an existing HPA originally applied for, prior to July 10, 2012. (HPA# 1 Washington Department of Natural Resources: ❑ Aquatic Use Authorization Complete JARPA Attachment E and submit a check for$25 payable to the Washington Department of Natural Resources. Do not send cash. Washington Department of Ecology: ❑ Section 401 Water Quality Certification FEDERAL GOVERNMENT United States Department of the Army permits (U.S. Army Corps of Engineers): ❑ Section 404 (discharges into waters of the U.S.) ❑ Section 10 (work in navigable waters) United States Coast Guard permits: ❑ General Bridge Act Permit ❑ Private Aids to Navigation (for non-bridge projects) JARPA Revision 2012.1 Page 13 of 14 Part 19—Authorizing Signatures Signatures are required before submitting the JARPA package.The JARPA pacluge includes the DARPA foam, project plans,photos,etc.ttt W I Ia.Applicant Signature(required) ftM I certify that to the best of my knowledge and belief,the information provided in this application is true,complete, and accurate.i also certify that i have the authority to carry out the proposed activitlea,and t agree to start work only after I have received all necessary permits. I hereby auth agent named in Part 3 of the application to act on my behalf in matters related to this application. (ko* By initialing here,I state that h have the authority to gramffrw�zr .t also give my consent to the permitting i�►i9 property where theo inspect the prod site or any work related to the prod a---11 (WW A7_ I I b.Authorized Agent Signature MW 1 certify that to the best of my knowledge and belief,the information provided in this application is trcre,complete, and accurate.i also certify that I have the authority to Carry out the proposed activities and I agree to start worts only after all necessary permits have been Issued. g VaAAt1A-,, " /2,7L Auftrized AUW Printed Nerve Daft 11C.Property Owner Signature(d not applicant) M1 Not required if project is on existing rights-of-way or easements. I consent to the permitting agencies entering the property where the project is located to inspect the project albs or any work.These inspections shall occur at reasonable times and,ft practical,with prior mortice to the landowner. Property Owner MR Aim— IS U.S.0§1001 provides that Whoever,In any ma vw wift the ' ' of"dspsrtmrutt or e9wocy of the Un4ed SWas tY faWfies,concels,or curers up by aW#Acts.Scheme.or devk e a ma*W too or MOM MW tattle,ficMIMM w or orua of raises or tuft any fare*writing or doc towel knowrNp same to contain any h9ee,fiftaW or*eudukwtstetwrwdor entry,OW be tined not nwe than$10,000 or owboned not more than 5 years or both. ff you require tit dommwa d in another humet o64W—to Gove Wa Office for ImWA m and (OFUA)at(M) 8174 M3. People wfth hear ft fasa c w cafi 711 for W Reley Swvtw.People Vft a speech dkabWcwcM(SM 8338341. ORIA brrce0on mm*w. EW-019-M rev.OQ0015 DARPA RWA*1on 2015.1 Pap 14 Qf 14 5'h 3628 South 3 Street Tacoma,Washington 98409-3192 TACOMA POWER TACOMA PUBLIC UTILITIES TACO"A PUBLIC UTILITIES March 27, 2019 VIA EMAIL and USPS James and Raven-Rebecca Varano PO Box 69 Hoodsport, WA 98548 SUBJECT: RE: Varano (SP1727 L3) Site Inspection of Reconfigured Structures on Tacoma Power Property Dear Mr. and Mrs. Varano, The City of Tacoma, Department of Public Utilities, Light Division (Tacoma Power) inspected your newly reconfigured shoreline structures on March 22, 2019. The purpose of the inspection was to confirm compliance with Tacoma Power's Cushman Shoreline Management Plan and Shoreline Use Specifications and Permitting Guidelines (SUSPG), pursuant to short-term License No.391 which was issued to you on March 6, 2019. i Enclosed Is th e red-lined as-built drawing showing the field-measured over-water coverage of your fixed pier, ramp, and reduced float (Figure 1). The new over-water coverage is 303.62 square feet. Though your final configuration slightly exceeds Tacoma Power's 300 square feet maximum overwater coverage limit for new structures, we agree that your contractor worked in good faith to attempt to meet the requirement. Tacoma Power will not require additional reductions and considers your shoreline structures to not be in conflict with the Cushman Shoreline Management Plan. There are a few minor items that need to be corrected before we will issue you a 5-year Shoreline Use Permit (SUP) for the use of the occupied Project lands: 1. Remove items stored in the mitigation planting area (Figure 2). Per Section 2.2 j "Mitigation Planting" & 2.3 "Monitoring and Maintenance" of your Biological Evaluation native plants must be established and nurtured. 2. Move personal property onto your development (begure 2). Per Section 3.6 "Personal removed daily and stored on your Property" of the SUSPG, your personal items must development lot. i 3. Remove water withdrawal equipment (Figure 2). Per Section 2.7 "Water Withdrawal from Project Reservoirs" of the SUSPG, Tacoma Power cannot authorize water withdrawal without a water right; therefore, we will not allow water withdrawal equipment to be stored on Project lands. I Please contact me at 253-441-4180 or wwright(a)ci.tacoma.wa.us when you have made the minor correction listed above or if you have any questions or need something more regarding this matter. Once completed, Tacoma Power will queue your SUP for issuance. Thank you, Wynn Wright Shoreline and Lands Coordinator wmmcp Varano Reconfigured Float 03.27.19 C: Via email: Dori Bishop, Tacoma Public Utilities Sr. Real Estate Specialist Bret Forrester, Wildlife and Lands Manager, Tacoma Power Integrated Northwest Construction Lake Cushman Company Lake Cushman Maintenance Company Darrin Masters, WDFW Kell Rowen, Mason County Jason Sweeney, USACOE Kyrra Wilson, Lands Officer, Tacoma Power Trish Woolett, Mason County r t} gut€€ s ,ti . € yy '£ _ €»„..f2, - pr i Figure 1. Red-lined as-built drawing showing the field measured over-water coverage of your fixed pier, ramp, and reduced float. h h,'s a' f a3 �It r •,�,IIIII Y/ h Y� z - Figure 2. As outlined in red, remove personal property and water withdrawal equipment from Tacoma Power's Project Lands. 4 Revised - Rcvd 9/29/2016 M E P2016-00024 Parcel 42332-12-60031 Biological Evaluation Varano Bulkhead, Pier, & Float Replacement Project Lake Cushman, Hoodsport WA For: James & Rebecca Varano PO Box 69 Hoodsport,WA 98548 Prepared by: BioResources,LLC Kim Schaumburg Fisheries biologist, University of Washington, 1981 10112 Bay View Rd. KPN Vaughn,WA, 98394 (253) 884-5776 or 225-2973 Email: kimberly035*centurytel.net June 27,2016 Revised September 28,2016 Table of Contents 1.0 Proposed Action.............................................................................. 3 1.1 Background ........................................................................ ........... 3 1.2 Project Need and Objectives................................................................ 3-4 2.0 Project Description........................................................................... 4 2.1 Project Activities.............................................................................. 5-7 2.2 Monitoring and Maintenance.................................................................7 2.3 Timing.......................................................................................... 7 2.4 Conservation Measures...................................................................... 7-8 2.5 Best Management Practices.................................................................. 8-10 3.0 Action Area.................................................................................... 10-11 4.0 ESA Species and Habitat Information..................................................... 11-12 4.1 ESA Listed Species.......................................................................... 12-15 5.1 Environmental Baseline Conditions....................................................... 15 5.2 Action Area................................................................................. 15 5.3 Proposed Project Area..................................................................... 16 6.0 Effects of the Action.......................................................................... 16 6.1 Direct Effects.................................................................................. 16-18 6.2 Primary Constituent Elements............................................................ 19-20 6.3 Direct Effects to ESA Listed Species...................................................... 20-21 6.4 Indirect Effects.............................................................................. 21-22 6.5 Primary Constituent Elements............................................................ 22-23 6.6 Direct Effects to ESA Listed Species....................................................... 23-24 6.7 Interrelated/Interdependent Effects......................................................... 24 6.8 Primary Constituent Elements............................................................ ..24-25 6.9 Cumulative Effects............................................................................ 25 7.0 Conclusion...................................................................................... 25 7.1 Take Analysis................................................................................ 25 7.2 Determination of Effect....................................................................... 26 8.0 References.......................................................................................27-30 Attachments 1. Project location................................................................................... 31 2. Site plan with existing development.......................................................... 32 3. Site plan with proposed development.......................................................... 33 4. Cross Section with proposed development................................................. 34 5. Cross Section with float details............................................................... 35 6. Site Photograph...................................................................................36 7. Site Photograph.................................................................................. 37 8. Site Photograph....................................................................... . ..........38 9. Site Photograph....................................................................... . .......... 39 10. Site Photograph....................................................................... . .......... 40 11. Essential Fish Habitat..............................................................................41-42 Varano Biological Evaluation 2 1 1.0 Proposed Action This Biological Evaluation has been submitted on behalf of James and Rebecca Varano at the request of the Seattle District United States Army Corps of Engineers to comply with Endangered Species Act(ESA)regulations regarding shoreline development. The proposed action is the replacement of an existing unpermitted wood bulkhead and pier with a new wood bulkhead, pier and float. Existing shoreline access stairs will also be replaced but will not be discussed in detail in this report. Mitigation for the proposed project includes the installation of a native planting plan on the slope at the site. 1.1Background The proposed project site is located in Mason County at 5903 North Lake Cushman Road, Hoodsport Washington(Attachment 1). The Mason County tax parcel number is 42332-12-60031. The property is located in Section 32, Township 23N, Range 04 of the Western Meridian. The latitude is 47.44597 north, and the longitude is -123.21428 west. The proposed project site is on Lake Cushman in the Skokomish/Dosewallips Water Resource Inventory Area 16 (WRIA 16) on a shoreline designated Urban Residential by the Shoreline Master Program of Mason County. Lake Cushman is regulated under the Mason County Shoreline Master Program and the Mason County Resource Ordinance as a Fish and Wildlife Habitat Conservation Area. The Shoreline Management Act of 1971 designated Lake Cushman as a Shoreline of Statewide Significance. In addition, Lake Cushman is regulated by Tacoma Public Utilities (aka Tacoma Power), which has designated Shoreline Management Classification(SMC) zones. The proposed project site is located in an SMC zone classified as "A." Tacoma Power defines the "A"management classification as shoreline areas with no known significant environmental/cultural resources or associated resource management goals precluding existing or future shoreline uses; this classification acknowledges existing private uses and anticipates potential future private and light commercial shoreline uses (Kleinschmidt 2012). The proposed project site is located in a rural neighborhood on a shoreline lot, which supports a single-family residence located approximately(approx.) 70 (70) feet vertically and ninety (90) feet horizontally from the shoreline of Lake Cushman. Existing shoreline appurtenances (Attachments 6-9) include an approx. fifty-five foot(55') failing wood bulkhead and a 255 square foot(sf) failing wood pier. 1.2 Project Need and Objectives The seasonal raising and lowering of Lake Cushman has resulted in severe damage to the bulkhead over time. As a result, the existing bulkhead needs to be replaced as the bluff at the site is steep and high bank. The existing pier is also in poor condition and unsafe. The applicants wish to extend the life of their existing shoreline structures, making them safer for both humans and the environment. Therefore, the project objective is to replace the existing bulkhead and pier while Varano Biological Evaluation 3 avoiding or minimizing impacts to ESA-listed species and improving shoreline habitat at the site. 2.1 Project Description As per the engineered design by P.E. Alan Tahja(Attachments 2-5),the existing, approx. 55' wood bulkhead will be replaced with a new wood bulkhead that will be approx. four feet(4') in above grade height and approx. 59 feet in length with wing walls inset into the bank at both ends. The bulkhead will be constructed of eight by eight inch (8"x 8")Alaska yellow cedar posts, two by eight-foot (2' x 8')yellow cedar planks, and galvanized hardware. To provide added stability, eight(4"x 8") galvanized steel girders will be bolted to the back of the bulkhead, angled into the bank (at approx. 45 degrees), and set in concrete. The existing 255 sf pier will be replaced with an eight by ten-foot(8' x 10')pier, an approx. eight by sixteen-foot(8' 3"x 16') float with four(4) eight by eight inch(8"x 8") yellow cedar positioning pilings, and a three by fourteen-foot(3' x 14') aluminum ramp. The pier and float will be constructed of yellow cedar posts,joists, decking, and trim, and galvanized steel or aluminum hardware. The four float positioning posts will be fitted with metal float stops that prevent the float from resting on the lakebed. The new float will be fitted with polyethylene encapsulated Styrofoam® floats. Grating will be installed on the pier and float (fifty percent total for each with 60 percent light passage). Overwater coverage of the replacement pier(128 sf), ramp (28.8 sf), and float(132.3 sf)will total 289.1 sf for an increase in overwater coverage at the site of 34 square feet. To aid in mitigating erosion, basalt rip-rap (1/2 man rock) will be placed along the bulkhead toe and around all posts and pilings to a width of one foot(1') following construction. All post and piling holes will be four feet(4') deep, two feet (2') wide, and filled with concrete and rebar.No pressure treated lumber will be used in this project. Sustainably harvested Alaska yellow cedar, which is insect and decay resistant, will be utilized instead. All overwater structures will be grated with ThruFlow decking panels, which are made of reinforced polypropylene, contain no toxic preservatives, and are recyclable. A medium-sized jackhammer, a circular saw, and various hand tools will be used throughout the proposed project. All materials (with the exception of the float,which may be constructed off-site and transported by boat when the lake's waters are high), equipment, debris, and workers will be transported to and from the site in cars or trucks. Geo-textile fabric will be spread over the dry lakebed before commencement of project construction in order to contain any manmade construction debris. At the completion of construction, the geo-textile fabric will be removed from the shoreline at the site,along with all construction debris and other existing manmade debris. All debris will be disposed of at a licensed landfill or other licensed disposal site. Varano Biological Evaluation 4 2.2 Project Activities Demolition of the Bulkhead& Pier Wood components of the existing bulkhead and pier will be disassembled using a circular saw and various hand tools. Concrete pier post footings will be excavated using manual labor and hand tools,then sawed or broken into several pieces. Following demolition, all debris will be gathered from the geo-textile fabric and placed in an appropriate disposal bin prior to removal from the site. A semi-mature native tree that is unhealthy and a potential danger to humans and infrastructure will be cut down and removed at this time. Excavation of the Bulkhead, Pier, & Float Post and Piling Footings Due to the difficulty of accessing the site with heavy machinery, it will be necessary to manually excavate sixteen(16)post holes to a depth and diameter of approx. 4' and 2', respectively. Excavated material will be used to fill any depressions around the newly installed footings and pilings or be removed from the shoreline at the site, as per Tacoma Power's rules and regulations. In the event of heavy precipitation, silt fencing (see Best Management Practices 2.5) will be utilized to contain the exposed footing trenches and stockpiled sediments. Concrete Pouring of the Bulkhead and Float Piling Holes Concrete for the bulkhead, pier, and float footings will be poured at the same time. Concrete will be delivered via a concrete pump truck. Before concrete is poured,the yellow cedar posts and the two steel pilings will be positioned in the appropriate holes. Bulkhead, Pier, & Float Construction The bulkhead and pier will be constructed on site. The float may be constructed off site and delivered to the site by boat. An aluminum ramp or ladder will be installed between the pier and the float. To aid in mitigating erosion, basalt rip-rap (1/2 man rock)will be placed along the bulkhead toe and around all posts and pilings,to a width of one foot (l'), following construction. Rip-rap will be delivered to the shoreline via a plastic chute. At the completion of riprap installation,the geo-textile fabric will be removed from the shoreline at the site, along with all construction debris and other existing manmade debris. All debris will be disposed of at a licensed landfill or other licensed disposal site. Varano Biological Evaluation 5 Mitigation Planting The primary goal of the mitigation planting plan is to install native vegetation on the bluff slope where it is currently lacking, including trees and shrubs in order to help stabilize the area(Attachment 10). Vegetation contributes to slope stability in many ways, including the following: •Vegetation intercepts precipitation, causing absorptive and evaporative losses that reduce the amount of precipitation available for infiltration. *Roots extract moisture from the soil, which is lost to the atmosphere via transpiration. •Roots reinforce the soil, increasing soil shear strength. *Tree roots may anchor into firm strata, providing support to the upslope soil mainly though buttressing and arching. •Vegetation absorbs the energy of precipitation, which alleviates erosion to surface sediments and reduces the velocity of surface flows. *Vegetation acts as a filter to catch sediments. Native vegetation will be planted in the approx. 70' by 70' area that is partially terraced between the bulkhead and the bluff crest. Vegetation will be installed where vegetation is currently lacking. Due to the steep slopes in the non-terraced areas, it is recommended that vegetation be planted in a manner that causes minimal substrate disturbance, which may be accomplished by first installing biodegradable erosion control matting, such as jute, and then seeding the area with native grasses and installing small potted (3.5"or gallon pots) or bare root plants. Overall, it is recommended that plants be installed randomly with some clumping of shrub species, a clump being defined as two or three plants installed in close proximity to one another. The following atypical, closer than normal, spacing is also recommended in order to expedite full vegetation coverage over the area: one-foot on center for ground cover(kinnikinnick), two-foot on center for shrubs, and five-foot on center for trees. After the plants are installed it is recommended that all disturbed areas be seeded with a native grass seed mixture, and then mulched. Plants should be thinned or trimmed as necessary and watered at least twice per week during dry conditions in spring and summer months. Invasive, non-native vegetation should be removed at least twice a year or as necessary. Due to the close proximity of Lake Cushman, no herbicides or pesticides should be used in this project. Vegetation may be harvested on site and transplanted, or purchased from a nursery or the Mason County Conservation District sale(or other). Potted (3.5"or one to two gallon pots) or bare root plants are recommended. Organic mulch should be used to mulch the newly installed plants in order to minimize runoff from topsoil.Straw will introduce weeds and is not recommended for mulching at the site. The exact location of the plantings, the quantity of plants, and the species will be at the applicant's discretion. Varano Biological Evaluation 6 In order to mitigate for the proposed project, at least thirty (30)trees, and sixty(60) shrubs are recommended to be installed. Recommended species have been selected with excellent erosion control and slope stabilization qualities. Recommended native species include: Douglas-fir(Pseudotsuga menziesii),western hemlock(Tsuga heterophylla), bigleaf maple (Acer macrophyllum), Western red cedar (Thuja plicata), willow(Salix spp. including scouleriana, sitchensis, and/or hookeriana), mountain hemlock(Tsuga mertensiana), vine maple (Acer circinatum), Western yew (Taxus brevifolia), oceanspray (Holodiscus discolor), evergreen huckleberry(Vaccinium ovatum), common snowberry(Symphoricarpos albus), salal (Gaultheria shallon), Oregon-grape (Berberis aquifolium or nervosa), sword fern (Polystichum munitum),and kinnikinnick(Arctostaphylos uva-ursi). Additional native species may be added to the above list at the applicant's discretion. 2.3 Monitoring and Maintenance The property owners will monitor and water any native vegetation plantings as needed during dry months, until the vegetation has become established. Dead plants will be replaced throughout the monitoring period. Invasive, non-native vegetation will be removed or cut back as necessary. 2.4 Timing Work on the bulkhead,pier, and float replacement will be completed over an approx. thirty (30) day period during daylight working hours normal to a rural neighborhood. Work will only take place when the water level of Lake Cushman is low, which is generally between October and April. 2.5 Conservation Measures 1. No construction to occur unless Lake Cushman's waters are low. 2. No pressure treated lumber will be used in this project. Sustainably harvested Alaska yellow cedar, which is insect and decay resistant, will be utilized for all wood members of the bulkhead, pier, float, and shoreline access stairs. 3. Construction to take place as per the HPA provisions from the Washington Department of Fish and Wildlife. Varano Biological Evaluation 7 4. Previously discussed BMPs to be strictly adhered to. 5. Native vegetation will be planted in the approx. 70' by 70' area that is partially terraced between the bulkhead and the bluff crest, where vegetation is currently lacking (see Mitigation Planting). 2.6 Best Management Practices In order to maintain the present water quality of Lake Cushman during project construction, Best Management Practices (BMPs) will be implemented. BMPs are defined as physical, structural, and/or managerial practices that prevent or reduce the pollution of water(WDOE). The following source control BMPs, which are detailed in the WDOE's Stormwater Management Manual for Western Washington, Volume H Construction Stormwater Pollution Prevention (2012), will be implemented for long-term protection of water quality at the site: BMP C154: Concrete Washout Area Purpose: Prevent or reduce the discharge of pollutants to stormwater from concrete waste by conducting washout off-site, or performing on-site washout in a designated area to prevent pollutants from entering surface waters or ground water. Conditions of Use: Concrete washout area best management practices are implemented on construction projects where: •Concrete is used as a construction material. •It is not possible to dispose of all concrete wastewater and washout off-site(ready mix plant, etc.). •Concrete trucks, pumpers, or other concrete coated equipment are washed on-site. •Note: If less than 10 concrete trucks or pumpers need to be washed out on-site,the wash water may be disposed of in a formed area awaiting concrete or an upland disposal site where it will not contaminate surface or ground water. The upland disposal site shall be at least 50 feet from sensitive areas such as storm drains, open ditches, or water bodies, including wetlands. •A temporary washout facility shall be constructed on-site or the concrete truck will be washed out off-site. •When temporary concrete washout facilities are no longer required for the work,the hardened concrete, slurries and liquids shall be removed and properly disposed of •Materials used to construct temporary concrete washout facilities shall be removed from the site of the work and disposed of or recycled. Varano Biological Evaluation 8 BMP C151: Concrete Handling Purpose: Concrete work can generate process water and slurry that contain fine particles and high pH,both of which can violate water quality standards in the receiving water. Concrete spillage or concrete discharge to surface waters of the State is prohibited.Use this BMP to minimize and eliminate concrete, concrete process water, and concrete slurry from entering waters of the state. Conditions of Use: Any time concrete is used, utilize these management practices. •Wash out concrete truck chutes, pumps, and internals into formed areas only. Assure that washout of concrete trucks is performed offsite or in designated concrete washout areas. DO not wash out concrete trucks onto the ground, or into storm drains, open ditches, streets, or streams. •Return unused concrete remaining in the truck and pump to the originating batch plant for recycling. Do not dump excess concrete on site, except in designated concrete washout areas. •Wash off hand tools including, but not limited to, screeds, shovels, rakes, floats,and trowels into formed areas only. •Wash equipment difficult to move in areas that do not directly drain to natural or constructed stormwater conveyances. *Do not allow washdown from areas, such as concrete aggregate driveways,to drain directly to natural or constructed stormwater conveyances (or Puget Sound). *Contain washwater and leftover product in a lined container when no formed areas are available. Dispose of contained concrete in a manner that does not violate ground water or surface water quality standards. *Always use forms or solid barriers for concrete pours, such a pilings, within 15-feet of surface waters. BMP C101: Preserving Natural Vegetation Wherever practical, native vegetation shall be preserved to reduce erosion.Natural vegetation should be preserved on steep slopes, near perennial and intermittent watercourses or swales, and on building sites in wooded areas. BMP C233: Silt Fence Silt fence may be used downslope of all disturbed areas. Silt fence shall prevent soil carried by runoff water from going beneath,through, or over the top of the silt fence but shall allow the water to pass through the fence. The following additional BMP shall be used to insure that water quality is not degraded during and after construction: Varano Biological Evaluation 9 1. Equipment will be cleaned and checked for leaks, offsite and daily, before commencing work. In addition, the following Spill Prevention Control measures will also be followed: 1) The applicant will supply the site with a portable bathroom or allow workers access to an onsite bathroom so that solid or liquid waste will not become a source of stormwater pollution. 2) The applicant will be responsible for alerting the appropriate authorities in the event of a hazardous spill. 3) The applicant will have a spill kit and be able to perform basic control, containment, and/or confinement operations within the capabilities of the resources and personnel protective equipment available. In other words, small spills, such as paint or oil, will be promptly and fully collected and disposed of at a suitable disposal site. In the event of a significant spill, a fish kill, and/or if fish are observed in distress the Washington State Department of Ecology(800.258.5990) and the Washington State Department of Fish and Wildlife's Area Habitat Biologist, Joshua Benton (360.602.0364), will be notified immediately. 3.0 Action Area The action area is located on the shoreline of Lake Cushman at the proposed project site. Besides the proposed project location, the action area includes the surrounding area within a designated distance from the site in order to account for construction impacts that may affect species listed under the Endangered Species Act by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service as either endangered or threatened. The limits of the action area are based upon the geographic extent (in both aquatic and terrestrial environments) of the physical, chemical, and biological effects resulting from the proposed action, including direct and indirect effects, as well as effects of interrelated and interdependent activities (WSDOT 2010). Turbidity and noise are expected to be the most detrimental project effects. Because work will occur when Lake Cushman is lowered, project turbidity is expected to be no greater than turbidity that is common to the area during heavy rains, when various ephemeral and perennial streams and the north fork of the Skokomish River discharge sediment laden water into Lake Cushman. It is probable that the project's distance from the lake's lowered shoreline will be great enough that disturbed sediments will disperse gradually (via precipitation)over the exposed lakebed without ever reaching water until the lake is raised. Therefore, terrestrial noise is expected to be the most far-reaching effect from the proposed repair of the bulkhead and the replacement of the boat ramp and float at the site. The action area for terrestrial noise effects is based upon an ambient sound level of 40 dBA for an area with a population of less than 100 people per mile (WSDOT 2010). In addition, the Olympic National Forest programmatic biological assessment uses an estimated ambient level of 40 dBA for undisturbed forested areas (USDI 2003).Noise frequency and levels for the manual demolition of the existing bulkhead and pier's concrete pier post footings are expected to be short term and moderate, as the contractor Varano Biological Evaluation 10 will be using hand tools such as a sledgehammer. In addition,the footings are old and therefore, likely brittle, so it is expected to break up easily. Noise levels for manual excavation(with pick and shovel) of the posts/pilings, the rip-rap delivery and installation, and the sawing of lumber for the bulkhead, etc. will be intermittent and short-term. Assuming the noise from manual labor and the delivery of rip-rap down the slope in a plastic chute (which will help to mute the noise) will be less than that of a circular saw, the sawing of the lumber will produce the proposed project's maximum noise level. The noise level at 50 feet from a chain saw is 84 dBA (WSDOT 2014). The noise level of a chain saw at three feet is 110 dBA, while a circular saw is 100 dBA. Assuming that a chain saw is between approx. five and ten percent noisier than a circular saw,the noise level of a circular saw at fifty feet was assigned 79 dBA. To determine the distance that the proposed project's maximum point source construction noise will travel before it attenuates to the ambient sound level; the following Practical Spreading Loss Model equation was used: D =Do X 10((Construction Noise—Ambient Sound Level in dBA)/a) Where D =the distance from the noise &Do =the reference measurement distance of 50'. Average construction noise from the proposed project will travel approx. 3,970 feet over hard site conditions (Lake Cushman) and 1,656 feet over soft site conditions (forested areas)before it(the noise) attenuates to the ambient sound level. Therefore,the extent of the action area is 3,970 feet or 0.75 mi. over the lake's surface and 1,656 feet or 0.31 mi. inland from the proposed project site and adjacent shorelines (Attachment 1). In addition,the action area includes an unnamed fish-bearing stream located approx. 0.05 mi. to the north of the site.Numerous ephemeral streams are located throughout the action area. 4.1 ESA Species and Habitat Information In the proposed project area, there are five species listed under the Endangered Species Act by the U.S. Fish and Wildlife Service (USFWS) as either threatened or endangered. The bull trout(Salvelinus confluentus), marbled murrelet(Brachyramphus marmoratus), northern spotted owl (Stridex occidentalis), streaked horned lark(Eremophila alpestris strigata), and yellow-billed cuckoo (Coccyzus americanus) are listed as threatened and critical habitat has been designated for the former four species. The project area is located on Lake Cushman,which has been designated critical habitat for the bull trout. Two other species in the project area are listed as proposed. The fisher(Mantes pennanti) is listed as proposed threatened, and the Dolly Varden (Salvelinus malma) is listed as proposed under the ESA "similarity of appearance"provision. In the proposed project area,there is one species listed under the Endangered Species Act by the National Marine Fisheries Service (NMFS) as either threatened, endangered, or a Varano Biological Evaluation 11 candidate species. The Puget Sound Chinook salmon(Oncorhynchus tshawytscha)is listed as threatened and critical habitat has been designated. Lake Cushman is a historical watershed of the Chinook that has been anthropogenically blocked; however, it has been designated critical habitat. The Washington Department of Fish and Wildlife (WDFW) GIS maps reveal the documented presence of two other species of salmonids on the State's Priority Habitat and Species list within the action area: Kokanee (Oncorhynchus nerka) and the Puget Sound/Coastal cutthroat trout (Oncorhynchus clarki clarki). The presence of these two species has been documented in Lake Cushman. WDFW data reveals that Lake Cushman was stocked with 23,896 cutthroat trout in 2005 and 205,800 Kokanee (landlocked sockeye salmon) in 2004. A WDFW biologist reported that other species that inhabit the lake include rainbow trout (Oncorhynchus mykiss) and non-native largemouth bass (Micropterus salmoides). Additionally, Tacoma Power is presently working in association with the Skokomish Tribe and the WDFW to reestablish migrating salmonid runs in the North fork of the Skokomish River. The North Fork Skokomish Powerhouse and Fish Facility has recently been completed. This facility collects adult fish at the base of Cushman Dam No. 2 and transports them to the top of the dam for sorting. It also provides sorting facilities for juvenile fish and transports them to the base of the dam for release into the river. The fry will be released in Lake Cushman, and smolts will be collected and released into the lower North Fork Skokomish River. Returning adult sockeye will eventually be collected at the base of Cushman Dam No. 2. Two new hatcheries are also under construction,one on the Hood Canal at Potlatch for sockeye, the other on Lake Kokanee for Chinook, coho, and steelhead. Hatchery construction is planned to be complete in 2015 (Tacoma Public Utilities 2015). 4.2 ESA Listed Species BULL TROUT Bull trout are members of the char subgroup of the salmon family and are native to the Pacific Northwest and western Canada. Water temperature above 15 degrees Celsius is believed to limit bull trout distribution, as eggs and juveniles require extremely cold water for survival. Bull trout are also vulnerable to degraded stream habitat, poor water quality, dams and other stream blocking structures, and predation by non-native fish. Critical habitat includes Lake Cushman and the upper North Fork of the Skokomish River(70 FR 56304). Critical Habitat in the former includes spawning and rearing habitat, while the latter provides rearing, foraging, and migration habitat, so it is expected that bull trout may be found in the action area of the proposed project site. Varano Biological Evaluation 12 MARBLED MURRELET A small, diving seabird in the family Alcidae,the marbled murrelet forages for small fish and invertebrates almost exclusively in nearshore marine waters,while nesting inland in old-growth or mature conifer forests. Threats include loss of habitat,predation,gill-net fishing operations, oil spills, marine pollution, and disease. The USFWS assembled a team of scientists in October 2011 to investigate causes for the continued decline in murrelet populations. The outcome of these discussions listed many factors, chiefly loss of potential nesting habitat as the main reason for hindrance of population recovery goals (WDFW 2012). Potential nest trees are coniferous trees within 55 mi (88.5 km) of marine waters that support at least one 4-inch (10.2-cm) diameter platform located at least 33 feet(10 meters) above the ground, with horizontal and vertical cover(USFWS 2012). If a tree or forested area does not support these habitat features, it is "extremely unlikely"to support a murrelet nest (USFWS 2012).Nest success is influenced by forest structure,the spatial mix of habitat and non-habitat, human disturbance, prey availability, and marine foraging conditions. Human disturbance can lead to higher predation levels by Steller's and gray jays, crows, ravens, and other species that seek human-related foods and refuse at high- use recreational areas (Peery et al. 2004, Marzluff and Neatherlin 2006). Critical habitat for the marbled murrelet, which was designated in May of 1996 and revised in October of 2011, is not located within the proposed project's action area. Criticaf habitat is located approx. 3.5 mi. north of the site. NOR THERN SPO TTED OWL The Northern Spotted Owl is one of the largest owls in North America, and the average adult female is approximately 18 inches tall with a 48-inch wingspan.Northern spotted owls are strictly nocturnal, and require old-growth forests with multi-layered canopies of trees, including large trees with broken tops, deformed limbs, and large holes and cavities to nest in. The Northern spotted owl is very territorial and intolerant of habitat disturbance, and a pair requires a large amount of forest for hunting and nesting. Habitat loss has occurred as a result of forest conversion,timber harvest, fire,windthrow, insect outbreak and disease (WDFW 2012). The USFWS designated revised critical habitat for the northern spotted owl under the Endangered Species Act. In total, approximately 9,577,969 acres (ac) (3,876,064 hectares (ha)) in 11 units and 60 subunits in California, Oregon, and Washington fall within the boundaries of the 2 critical habitat designations. Critical habitat for the Northern spotted owl, which was designated in May of 1996 and revised in October of 2011, is not located within the proposed project's action area. Critical habitat is located approx. 3.5 and 1.2 mi. to the north and east of the site,respectively. Varano Biological Evaluation 13 STREAKED HORNED LARK Horned larks are birds that utilize wide open spaces with no trees and few or no shrubs. The streaked horned lark nests on the ground in sparsely vegetated sites dominated by grasses and shrubs. Historically this type of habitat was found in prairies in western Oregon and Washington, in dune habitats along the coast of Washington, on the sandy beaches and spits along the Columbia and Willamette Rivers, and in grasslands,estuaries, and sandy beaches in British Columbia(WDFW 2012). Today the streaked horned lark nests in a broad range of habitats, including native prairies, coastal dunes, fallow and active agricultural fields, wetland mudflats, sparsely-vegetated edges of grass fields, recently planted Christmas tree farms with extensive bare ground, moderately-to heavily- grazed pastures, gravel roads or gravel shoulders of lightly-traveled roads, airports,and dredge deposition sites in the lower Columbia River(WDFW 2012). It is expected that the action area contains unsuitable habitat for the streaked horned lark. YELLOW-BILLED CUCKOO The yellow-billed cuckoo (Coccyzus americanus) is a neotropical migrant bird that winters in South America and breeds in western North America. The yellow-billed cuckoo is insectivorous and lives in riparian woodlands (USFWS 2014). Reports of individual cuckoos have been very rare in recent decades, with only three known reports since 2000,these being near Lind (Adams Co.) in 2001, near Eureka(Walla Walla Co.) in June 2007, and from Little Pend Oreille National Wildlife Refuge (Stevens Co.)in June 2012. Habitat loss and pesticide use are thought to be two of the main causes for the precipitous decline of western yellow-billed cuckoos. Agriculture, grazing, reservoir construction, flood control, urbanization, and other factors across the West have caused the large-scale loss and degradation of lowland riparian forest, which is the cuckoo's primary habitat. It is expected that the action area contains unsuitable habitat for the yellow-billed cuckoo. CHINOOK SALMON Chinook salmon in Lake Cushman are a land-locked population that originated from anadromous fish, although loss of genetic variation makes it difficult to determine whether they are descended from historical Hood Canal populations or introduced hatchery fish (NOAA 2006). Lake Cushman Chinook are genetically different, smaller in size (and presumably less fecund)than their anadromous counterparts (Myers et al. 1998). On Jan. 12, 2009,Tacoma Power,the Skokomish Tribal Nation and state and federal agencies signed a settlement agreement that resolved a$5.8 billion damages claim and long-standing disputes over the terms of a long-term license for Cushman Hydroelectric Project. Tacoma Power has proposed to introduce sockeye and spring Chinook and enhance the existing winter steelhead and coho populations in the North Fork in cooperation with the WDFW and the Skokomish Tribe (Tacoma Public Utilities 2014). In Varano Biological Evaluation 14 addition, Tacoma Power will annually release up to 100,000 rainbow trout for sport harvest(TPU 2014). Lake Cushman has been designated Critical habitat, and the site provides rearing, foraging, and migration habitat, so it is expected that adult and/or juvenile Chinook salmon may be found in the action area. 5.1 Environmental Baseline Conditions 5.2 Action Area The environmental baseline represents the existing set of conditions,to which the effects of the proposed action are then added. The environmental baseline is defined as"the past and present impacts of all Federal, state, and private actions and other human activities in the action area,the anticipated impacts of all proposed Federal projects in the action area that have already undergone formal or informal section 7 consultation, and the impact of state or private actions which are contemporaneous with the consultation process" (50 CFR 402.02). The proposed project site is in WRIA 16 on Lake Cushman in Mason County. The majority of the fresh and marine waterbodies in WRIA 16 suffer from water quality issues; however, Lake Cushman is not listed on the state's 2012 Water Quality 303(d) list of impaired waterbodies for any parameters. Two waterbodies in the Skokomish watershed, the South Fork of the Skokomish River and Lebar Creek are listed for the parameter of temperature(high). The proposed project site is located in a rural neighborhood on a lot with approximately 55' of frontage on Lake Cushman, in an area classified as an Urban Residential shoreline environment by the Shoreline Master Program of Mason County.Neighboring parcels support single-family residences (or recreational cabins), bulkheads, piers, and floats. Forested land in the vicinity of Lake Cushman has been logged heavily. Erosion impacts from surface flows have been particularly damaging in the logged areas above the lake's west shore. Before the completion of two dams in 1926 and 1930, Lake Cushman was a natural oligotrophic lake with a mean depth of 200 feet.Now Lake Cushman is 4,010-acre water body in the Olympic National Forest, having been altered in size to accommodate the hydroelectric dams. Because of the dams,water levels in Lake Cushman can fluctuate up to 21 meters (69 feet), with peak levels occurring during summer and minimum levels during winter. The magnitude of these fluctuations results in periodic inundation of 12 hectares (30 acres) of land surrounding the inlet to the reservoir, resulting in high water temperatures in the shallow waters of the inlet during the summer months(Brenkman 1998). Currently,the reservoir inundates 17.2 kilometers (10.7 miles) of river,including areas of the original Lake Cushman(Brenkman 1998). Varano Biological Evaluation 15 5.3 Proposed Project Area A field investigation was conducted on the afternoon of April 101h of 2016, during which the project area was surveyed visually on foot. The elevation of the lake's water level was approx. 732 feet, which is six feet lower than the current ordinary high water mark of 738 feet. The site supports a single-family residence located approximately 70 feet vertically and 90 feet horizontally from the shoreline of Lake Cushman. The lot is moderately vegetated with native plants, and the bluff slope lacks adequate vegetation. The shoreline was accessed via a rickety set of wooden stairs. There was no access to the lake's beach. The slope of the beach is steep in the vicinity of the bulkhead and pier, and the substrate consists primarily of gravel and cobble. The shoreline of Lake Cushman at the site is exposed to significant fetch. Wave action has severely undercut the existing wood bulkhead. The existing pier is also failing. No fish, invertebrates, or macroalgae were observed in Lake Cushman. 6.1 Effects of the Action 6.2 Direct Effects Direct effects to the shoreline include: 1) Loss of benthic habitat from the installation of the bulkhead, and the pier posts and pilings for the pier and float. 2) Creation of shade from the replacement pier and the new float. 3)No contamination to Lake Cushman from the leaching of wood preservatives. 1)As per the engineered design by P.E. Alan Tahja(Attachments 2-5), the existing approx. 55' wood bulkhead will be replaced with a new wood bulkhead. The footprint of the replacement bulkhead will be located slightly landward of the existing bulkhead's footprint, wherever there is room to move landward and maintain the bulkhead's structural integrity. The replacement bulkhead will occupy approx. 110 sf of benthic habitat. Each pier post and float positioning post(with a concrete base)will occupy approx. four sf, so the eight pier posts and four float posts will occupy 32 square feet. However, the area of the posts (approx. 0.45 sf for each post and 0.34 for east piling, totaling 3.38 sf) will constitute the only lost surface area, as the concrete bases for each piling will be covered by the lake's (bottom) substrate. Basalt riprap to be placed along the bulkhead's toe and around the base of the pier posts and pilings is natural rock that will create habitat, similar to cobble and other rock on the shorelines of Lake Cushman. Due to the seasonal fluctuations of the lake's water level, it is probable that benthic species do not thrive in the nearshore areas of the lake that lack permanent water.No empirical evidence was found to document if both terrestrial and aquatic species utilize Varano Biological Evaluation 16 the upper shoreline habitat, or if it has been too altered to support normal concentrations of either species. 2) Another direct effect is the creation of shade from the replacement pier and the new float. The overwater structures at the site produce a reduction in light to the underlying aquatic environment by creating a light/dark boundary that may give piscivorous species an advantage over their prey. The use of over-water structures in western Washington waters by bass, a common, non-native predator of juvenile salmonids, has been documented by several authors. Largemouth bass in Lake Washington prefer areas of heavy log and brush cover over other habitat types; however, they are commonly found under docks in early spring and are thought to be present until late summer(Stein 1970). Substrate type typically determines the acceptability of an area for bass spawning,but adjacent cover and structural complexity are also necessary for protection while the fish are concentrated in shallow water(Stein 1970; Cooper and Crowder 1979; Helfman 1981b; Pflug and Pauley 1984). The substrate type in the vicinity of the bulkhead and landing is gravel, cobble, and rock. Largemouth bass prefer moderate to dense vegetation and silt or sand substrate, and nests are constructed at depths from 0.6 to 1.5 meters, in vegetated areas with soft sediment or gravel substrate on moderate to steep slopes (Pflug 1981). The project site possesses unsuitable habitat for bass, so it is doubtful that the proposed float repair will increase the concentration of bass at the site or the occurrence of juvenile salmonid predation by bass. The project site supports no existing macrophyte vegetation and has no potential to support macrophyte vegetation, due to the lake's (anthropogenic) seasonal water fluctuations. In addition, White (1975) determined that phytoplankton primary production is not significantly reduced by narrow residential piers, due to the presence of more optimal light conditions than found in surface waters, where light intensities are higher than those in which algae thrive. Data suggests that other fish species, including salmonids, are also attracted to the shade produced by over-water structures, so it is possible that adult salmonids could prey on juveniles at the site. However, researchers have indicated that structural complexity can moderate predator-prey interactions by providing more refuges for prey species as well as reducing the foraging efficiency of the predator(Cooper and Crowder 1979). This moderation may apply to naturally occurring structural habitat complexity, as well as habitat complexity due to the presence of docks, piers, boathouses and associated pilings (WDFW, WDOE, WSDOT 2001). Shade can also affect migrating salmonids. It is not known whether over-water structures disrupt the migration of salmonids in lakes.Numerous studies suggest that docks,piers, and floats attract fish, and that the attraction of fish is linked to shade produced by the object not tactile stimulus. While the effects of shade on migrating juvenile salmonids in lakes is unknown, it is also unclear in marine waters, and there is no empirical evidence of mortality. The significance of predation to migrating populations has never been empirically assessed (Simenstad et al. 1999).No studies have examined mortality due to predation much less that mortality is attributable to overwater structures (Nightingale& Simenstad 2001). Varano Biological Evaluation 17 As previously noted, the proposed project will result in a small increase of overwater structure coverage at the site from 255 to 472 square feet. The pier and float will be grated to allow 60 percent light passage, as per WDFW's stipulations; however,the lakebed beneath both proposed structures lacks water for approx. six to seven months each year.Note: the existing pier is ungrated. In conclusion, shade created by the proposed project is expected to have discountable and insignificant direct effects on ESA listed salmonids that may be in the action area. 3) The leaching of wood preservatives is a common contaminant-related issue with the construction of shoreline SFR appurtenances. As previously note, no pressure treated lumber will be used in this project. Sustainably harvested Alaska yellow cedar, which is insect and decay resistant, will be utilized for posts,joists, decking, and trim. Temporary Direct Effects Temporary direct effects caused by the proposed project include: 1) Turbidity and sedimentation in Lake Cushman. 2)Noise. 3) Water pollution from incidental release of fuel, oil, or other contaminants. 1) Disturbed substrate from the installation of the replacement bulkhead and the pier and float footings may result in increased turbidity and sedimentation.As previously discussed, BMPs will be strictly adhered to during construction in order to maintain the present water quality of Lake Cushman and prevent runoff and pollution. In addition, the proposed project will take place when the water level in the lake is much lower than the OHWM (738'), so it is probable that rainfall will slowly disperse any disturbed substrate before it comes into direct contact with the lake's waters. Therefore, it is expected that turbidity and sedimentation will be minimal. 2) The main source of construction noise will be from the sawing of lumber. Noise will be intermittent and is expected to be a maximum of 79 dBA at 50 feet. 3) Potential water pollution from accidental release of fuel, oil, or other contaminants is another possible temporary direct effect. As previously discussed, Spill Prevention Control measures and BMPs shall be implemented during the proposed project. Varano Biological Evaluation 18 6.3 Primary Constituent Elements PRIMARY CONSTITUENT ELEMENTS In order to properly analyze the effects on designated critical habitat, a logical framework must be utilized. In determining what areas are critical habitat, agency regulations require the NMFS to focus on the principal biological or physical constituent elements that are essential to the conservation of the species. The regulations identify Primary Constituent elements (PCEs) as including, but not limited to: "roost sites, nesting grounds, spawning sites, feeding sites, seasonal wetland or dryland, water quality or quantity, host species or plant pollinator, geological formation, vegetation type,tide, and specific soil types (69 FR 71888)." In 2003 NMFS biologists developed a list of PCEs specific to salmon,based on a decision matrix (NMFS, 1996)that describes general parameters and characteristics of most of the essential features under consideration when critical habitat is designated. There are six specific types of sites essential to support one or more life stages of an ESU (sites for spawning,rearing, migration, and foraging). Each site names physical or biological features (PCEs) essential to the conservation of salmonids. In 2010, USFWS biologists developed a list of PCEs specific to bull trout, based on a decision matrix (NMFS, 1996)that describes general parameters and characteristics of most of the essential features under consideration when critical habitat is designated. Lakes and reservoirs figure prominently in meeting the life-cycle requirements of adfluvial bull trout. Lake Cushman is designated critical habitat for the bull trout and the Chinook salmon; therefore, the direct effects on the designated critical habitat of bull trout and Chinook salmon have been analyzed using the appropriate PCEs for the nearshore lacustrine environment. BULL TROUT PCEs: Water temperatures that support bull trout use. Bull trout have been documented in streams with temperatures from 32 to 72 degrees F but are found more frequently in temperatures ranging from 36 to 59 degrees F--the project will have no direct effect on water temperatures that support bull trout use. Migratory corridors with minimal physical, biological, or water quality impediments between spawning, rearing, overwintering, and foraging habitats, including intermittent or seasonal barriers induced by high water temperatures or lowflows— the project will have no direct effect on migratory corridors that support bull trout use. Passage will not be altered during construction as no construction will occur unless the waters of Lake Cushman are low. An abundant food base including terrestrial organisms of riparian origin, and aquatic macroinvertebrates—the project is expected to have a minimal direct effect on an abundant food base for bull trout. Construction will take place when the lake's waters are lowered and native vegetation, a potential source of insect prey, will be installed on the bluff slope that fronts the lake. Varano Biological Evaluation 19 Permanent water of sufficient quantity and quality such that normal reproduction, growth, and survival are not inhibited--the project is expected to have a minimal direct effect on water quality. Project construction is unlikely to cause temporary turbidity or sedimentation as work will occur when the lake's waters have been lowered. BMPs are expected to prevent or moderate potential water pollution during construction. In addition, no pressure treated lumber will be used. CHINOOK SALMON PCEs: Unobstructed passage—passage will not be altered during construction as no construction will occur unless the waters of Lake Cushman are low. Water Quality project construction is unlikely to cause temporary turbidity or sedimentation. BMPs are expected to prevent or moderate potential water pollution during construction. In addition, no pressure treated lumber will be used. The use of yellow cedar(rather than [and replacing] pressure treated lumber) is expected to improve water quality. Water Quantity the project will have no effect on water quantity. Forage--native vegetation, a potential source of insect prey, will be installed on the bluff slope that fronts the lake. Natural Cover—rip-rap will provide natural cover for juvenile Chinook. 6.4 Direct Effects to ESA Listed Species The direct effect from the proposed project to other ESA listed species that are likely to be found in the action area have been analyzed as follows: NORTHERN SPOTTED OWL Due to the close proximity of human habitation and the small size of the action area, it is unlikely that any Northern spotted owls may be found in the action area of the proposed project site. With the extensive acreage of undeveloped forest land nearby, it seems unlikely that Northern spotted owls will be nesting, roosting, or foraging in the vicinity of anthropogenic development. MARBLED MURRELET Varano Biological Evaluation 20 The primary threats to marbled murrelet from anthropogenic activities include loss of nesting habitat, gill-net fishing operations, oil spills, and marine pollution.Previously noted l3MPs and Spill Prevention Control Measures will be adhered to during project construction to protect the water quality of Lake Cushman. Noise impacts to any nesting or foraging murrelets in the action area are expected to be negligible. With the extensive acreage of undeveloped forest land nearby, it seems unlikely that marbled murrelet will be nesting, roosting, or foraging in the vicinity of anthropogenic development. 6.5 Indirect Effects Indirect effects are those effects that are caused by or will result from the proposed action and are later in time, but are still reasonably certain to occur(50 CFR 402.02).Possible indirect effects from the proposed project include: 1)The loss of shoreline aquatic vegetation. 2) The replacement bulkhead exacerbates passive erosion to the shoreline. 3) The replacement bulkhead causes a reduction in the accumulation of large drift logs on the beach. 4) The replacement pier and the float result in an increased motorized boat presence at the site. 1) The replacement pier and the new float will cause a reduction in light to the underlying aquatic environment, which can have significant impacts on the health and productivity of both native and non-native macrophytes and algae. Macrophytes and algae are the foundation for most freshwater food webs and their presence or absence affects many higher trophic levels (NMFS 2004). As previously noted,the pier and float will be grated to allow 60 percent light passage. It is expected that the impact of the lake's fluctuating water level on littoral productivity will overshadow the impacts of shading from the pier and float at the site. 2) When waves reflect off shoreline armoring structures, particularly concrete or other types of flat-faced bulkheads,they can cause scouring and hardening of the substrate and steepening of the beach. The sediment in front of a bulkhead will gradually become coarser as wave action and littoral drift removes the finer sediment and there is no sediment available for replenishment because it is impounded behind the bulkhead (Macdonald et al. 1994). Hard-armored bulkheads cut off sediment that was once available to feed the beach, thus adversely affecting natural beach-forming processes. The shoreline at the site is already unnaturally steep due to the lake's manmade origin. Accordingly,the steepness has caused significant scouring and erosion, as there is no shallow foreshore to diminish the energy from incoming waves. Any beach feeding sediments are carried away to deeper water. The proposed replacement bulkhead is not expected to minimize scouring and steepening of the beach. A small amount of excavated sediments will be utilized in the project to fill in holes or depressions around all of the project's post and piling footings, but the majority (of excavated sediments) will be Varano Biological Evaluation 21 removed from the shoreline following the project's completion, as Tacoma Power does not allow excavated sediments to be spread over the shoreline at Lake Cushman. Referenced materials for this report primarily assess bulkhead impacts to marine shorelines and, in particular, Puget Sound. While some impacts are applicable to lake shorelines, beach feeding/forming processes appear to differ significantly and be site specific. On Lake Cushman, a lake whose shorelines lack water for roughly six months each year, it seems counterproductive to consider beach feeding a positive habitat process as the lake was significantly enlarged to accommodate two hydroelectric dams (that produce environmentally friendly electric power free of carbon emissions). Additionally, rip-rap will be placed along the bulkhead's toe, following construction, to alleviate passive erosion. 3) Shoreline armoring can also limit the accumulation of large drift logs on the beach,as large woody debris is less likely to accumulate on beaches that have steepened due to the presence of a bulkhead (Macdonald et al. 1994). Large woody debris (LWD)provides detrital input, food sources, and potential refuge for migrating juvenile salmon. Due to the moderate number of power boats that utilize the lake in the vicinity of the proposed project site, it is not safe to recommend anchoring LWD to the beach.Nor is it allowed by Tacoma Power. In addition, there are numerous existing stumps along the shoreline throughout the lake. 4) The replacement pier and new float may result in an increased motorized boat presence in the area. Fuel spills from powerboats can contaminate water quality and potentially affect listed salmonids directly or indirectly through their prey source (NMFS 2005). Powerboats also create amplified wave action that can erode the shoreline, and prop scouring can erode benthic habitat, although benthic habitat in the littoral zone is already significantly marginalized by the lake's fluctuating water levels. Powerboats also provide some oxygenation of surface waters, although the extent is probably negligible at best. Overall, the indirect effects of powerboat usage on Lake Cushman is likely insignificant due to the lake's large size, the small number of boats that access the remote lake, and the short boating season(primarily May thru September). 6.6 Primary Constituent Elements PRIMARY CONSTITUENT ELEMENTS The indirect effects on the designated critical habitat of Bull trout and Puget Sound Chinook have been analyzed using the appropriate PCEs for the nearshore lacustrine environment. BULL TROUT PCEs: Varano Biological Evaluation 22 Water temperatures that support bull trout use. Bull trout have been documented in streams with temperatures from 32 to 72 degrees F but are found more frequently in temperatures ranging from 36 to 59 degrees F--the project will have no indirect effect on water temperatures that support bull trout use. Migratory corridors with minimal physical, biological, or water quality impediments between spawning, rearing, overwintering, and foraging habitats, including intermittent or seasonal barriers induced by high water temperatures or low flows—the project will have no indirect effect on migratory corridors that support bull trout use. An abundant food base including terrestrial organisms of riparian origin, aquatic macroin vertebrates, and forage fish--mitigation plantings may eventually provide leaf matter and insects for aquatic life in Lake Cushman, improving foraging opportunities for bull trout. Permanent water of sufficient quantity and quality such that normal reproduction, growth, and survival are not inhibited—the use of yellow cedar is expected to improve water quality. CHINOOK SALMON PCEs: Unobstructed passage the project will not have any indirect effect on unobstructed passage. Water Quality the project will benefit water quality (see bull trout). Water Quantity—the project will not have any indirect effect on water quantity. Forage—mitigation plantings may eventually provide leaf matter and insects for aquatic life in Lake Cushman, improving foraging opportunities for Chinook. Natural Cover—the project will not have any indirect effect on natural cover. 6.7 Indirect Effects to ESA Listed Species The indirect effects from the proposed project to other ESA listed species that are likely to be found in the action area have been analyzed as follows: Varano Biological Evaluation 23 NORTHERN SPOTTED OWL & MARBLED MURRELET While it is highly unlikely that either species would nest in trees that are located in a rural neighborhood, the proposed project may result in increased recreational usage at the site, which could prompt both species to nest elsewhere. 6.8 Interrelated/Interdependent Effects Interrelated and interdependent effects are described as the effects of the action under consultation analyzed together with the effects of other activities that are interrelated to, or interdependent with, that action. An interrelated activity is an activity that is part of the proposed action and depends on the proposed action for its justification. An interdependent activity is an activity that has no independent utility apart from the action under consultation(FWS &NMFS 1998). The project will have no obvious interrelated or interdependent effects. 6.9 Primary Constituent Elements BULL TROUT PCEs: Water temperatures that support bull trout use. Bull trout have been documented in streams with temperatures from 32 to 72 degrees F but are found more frequently in temperatures ranging from 36 to 59 degrees F--the project will have no interrelated or interdependent effects on water temperatures that support bull trout use. Migratory corridors with minimal physical, biological, or water quality impediments between spawning, rearing, overwintering, and foraging habitats, including intermittent or seasonal barriers_induced by high water temperatures or low flows—the project will have no interrelated or interdependent effects on migratory corridors that support bull trout use. An abundant food base including terrestrial organisms of riparian origin,aquatic macroinvertebrates, and forage fish--the project will have no interrelated or interdependent effects on the bull trout's food base. Permanent water of sufficient quantity and quality such that normal reproduction, growth, and survival are not inhibited--the project will have no interrelated or interdependent effects on water supply or quality. CHINOOK SALMON PCEs: Varano Biological Evaluation 24 Unobstructed passage the project will have no interrelated or interdependent effects on unobstructed passage. Water Quality—the project will have no interrelated or interdependent effects on unobstructed passage. Water Quantity the project will have no interrelated or interdependent effects onwater quantity. Forage the project will have no interrelated or interdependent effects on water quantity. Natural Cover—the project will have no interrelated or interdependent effects on natural cover. 6.10Cumulative Effects Cumulative effects are defined as "those effects of future state or private activities,not involving Federal activities, that are reasonably certain to occur within the action area of the action subject to consultation" (50 CFR 402.02). Cumulative impacts are difficult to access. Continued growth and urbanization is likely to detrimentally impact fish and wildlife resources. Global warming could raise the water level of Puget Sound, leaving many waterfront properties underwater. Global warming could also result in warmer water temperatures,to the detriment of species such as bull trout. Additionally, over- fishing may deplete stocks of salmon, even as restoration of habitat in the watershed furthers their likelihood of survival. 7.1 Conclusion 7.2 Take Analysis Section 9 of the ESA prohibits take of endangered or threatened species, "take"being defined in Section 3 as to harass,harm, pursue, hunt, shoot, wound,trap, capture, or collect listed species, or attempt to engage in any such conduct. "Harm"is further defined as a significant habitat modification or degradation that actually kills or injures listed species by"significantly impairing behavioral patterns such as breeding,spawning, rearing, migrating, feeding, and sheltering" (50 CFR 222.102). "Harass" is further defined as an intentional or negligent act which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavior patterns which include, but are not limited to, breeding, feeding, or sheltering (50 CFR 17.3). In regards to the proposed project and the existing development activities, it is extremely unlikely that any"take" will occur. Previously listed conservation measures will further insure the likelihood that no "take" will occur. Varano Biological Evaluation 25 7.3 Determination of Effect A determination of May affect, not likely to adversely affect is the appropriate conclusion when effects on the species or their critical habitat are expected to be beneficial, discountable, or insignificant. After reviewing the appropriate data and survey information, I have concluded that the proposed project will have an insignificant impact on the previously discussed Endangered or Threatened species if the previously discussed conservation measures are implemented. In my most honest and professional opinion, while the proposed project may impact individual Endangered or Threatened species in the project area, it is not likely to adversely affect or jeopardize the continued existence of those species or their designated Critical Habitat. The determination of effect for each of the listed species is: 1. Bull trout and their designated Critical Habitat—May affect, not likely to adversely affect. 2. Chinook salmon--May affect, not likely to adversely affect. 3. Marbled murrelet May affect, not likely to adversely affect. 4. Northern spotted owl No effect. 5. Streaked horned lark---No effect. 6. Yellow-billed cuckoo No effect. Varano Biological Evaluation 26 8.0 References Literature Federal Register/Vol. 70,No. 170/September 2, 2005/Rules and Regulations Federal Register/Vol. 70,No.185 /September 26, 2005/Rules and Regulations Federal Register/Vol. 71,No. 176/Tuesday, September 12, 2006/Proposed Rules Federal Register/Vol. 75,No. 200/October 18, 2010/Rules and Regulations Federal Register/77 FR 14062/March 8, 2012/Proposed Rules Federal Register/Vol. 77,No. 106/June 1, 2012/Proposed Rules Federal Register/Vol. 76,No. 193/October 5, 2011/Rules and Regulations Deal, R.L.,tech. ed. 2008. Integrated restoration of forested ecosystems to achieve multiresource benefits: proceedings of the 2007 national silviculture workshop. Gen. Tech. Rep. PNW-GTR-733. Portland, OR: U.S. Department of Agriculture,Forest Service, Pacific Northwest Research Station. 306 p. Google Earth. 2013. Aerial Imagery. Internet report.URL: https://www.goolzle.com/earth/ Johannessen, J., A. MacLennan, A. Blue, J. Waggoner, S. Williams, W. Gerstel,R. Barnard, R. Carman, and H. Shipman. 2014. Marine Shoreline Design Guidelines. Washington Department of Fish and Wildlife, Olympia,Washington. Kelty, R.A. and S. Bliven. 2003. Environmental and Aesthetic Impacts of Small Docks and Piers, Workshop Report: Developing a Science-Based Decision Support Tool for Small Dock Management, Phase 1: Status of the Science. NOAA Coastal Ocean Program Decision Analysis Series No. 22.National Centers for Coastal Ocean Science, Silver Spring, MD. 69pp. Kleinschmidt. 2012. Shoreline Management Plan, Cushman Project, FERC Project Number 460. Tacoma Power, Tacoma Washington. Varano Biological Evaluation 27 Leigh, Michael. 1996. Grow your own native landscape: a guide to identifying, propagating, and landscaping with Western Washington native plants. Washington State University Cooperative Extension/Thurston County, Olympia, WA. Mason County, Washington. 2016. Assessor-Treasurer Electronic Property Information Profile. Internet report. URL: http://property.co.mason.wa.us/Taxsifter/Search/results aspx?q 42307-50-00025 Menashe, Elliot. 1983. Vegetation Management: A Guide for Puget Sound Bluff Property Owners. Shorelands and Environmental Assistance Program, Washington Department of Ecology. Olympia. Publication 93-31. Myers, Rian D. 1993. Slope Stabilization and Erosion Control Using Vegetation:A Manual of Practice for Coastal Property Owners. Shorelines and Coastal Zone Management Program, Washington Department of Ecology. Olympia. Publication 93-30. National Geographic. 2002. Field Guide to the Birds of North America. National Geographic Society, Washington, D.C. pg. 226, 244, 250, & 320. National Marine Fisheries Service. 2014. Distribution of Threatened and Endangered Species. Internet report. URL: http://www.nwr.noaa.gov NOAA. 2014. Endangered and Threatened Marine Species. Internet report. URL: http://www.nmfs.noaa.goy/pr/species/esa/ Nightingale, B. and C. Simenstad. 2001. Overwater Structures: Marine Issues. Washington Departments of Fish and Wildlife, Ecology, and Transportation. Olympia, Washington. 177 p. Skokomish Indian Tribe & Washington Department of Fish and Wildlife. 2010. Recovery Plan for Skokomish River Chinook Salmon. Internet Report. URL: http://hccc.wa.gov/Downloads/Downloads GetFile aspx?id=397519&fd=0 Tacoma Public Utilities. 2014. Cushman Hydro Project. Internet report. URL: https://www.mvtpu.org/tacomapower/about-tacoma-power/dams-power-sources/h. ddro- power/cushman-hydro-prof ect/ Tacoma Public Utilities. 2015. Cushman Fisheries Program. Internet report. URL: http://www.m3ipu.ory,/tacomapower/fish-wildlife-environment/cushman-hydro- prof ect/cushman-fisheries-program.htm Tahja,A. 2016. Varano engineered drawings, 9-19-16. Unpublished document. 11 p. U.S. Fish and Wildlife Service. 1997. Recovery Plan for the Threatened Marbled Murrelet in Washington, Oregon, and California. Published by USFWS, Portland, OR. URL: http://ecos.fws.gov/docs/recovely—plans/1997/970924.pdf Varano Biological Evaluation 28 U.S. Fish and Wildlife Service. 2004. Draft Recovery Plan for the Coastal-Puget Sound Distinct Population Segment of Bull Trout(Salvelinus confluentus). Volume II(of 11): Olympic Peninsula Management Unit. Portland, Oregon. 277 +xvi pp U.S. Fish and Wildlife Service. 2011. Species Profile, Marbled Murrelet. Internet report. URL:http://www.fws-gov/arcata/es/birds/mm/m murrelet.html U.S. Fish and Wildlife Service. 2012. Guidance for Identifying Marbled MurreletNest Trees in Washington State. Internet report. URL: http•//www wsdot wa.gov/NR/rdonlvres/2D97D3D8-D448-43A7-8249- E2319095 C 8 C2/0/MAMUhabitatF W S.pdf U.S. Fish and Wildlife Service. 2012. Marbled Murrelet Nesting Season and Analytical Framework for Section 7 Consultation in Washington. Internet report. URL: http•//www wsdot wa gov/NR/rdonlvres/F3847D4F-BFIC-476C-8E9D- A45A715 B624C/0/CoverLtrNestingSeason.pdf U.S. Fish and Wildlife Service. 2013. Conducting Masking Analysis for Marbled Murrelets and Pile Driving Projects. Internet report. URL: http•//www wsdot wa gov/NR/rdonlvres/3506DAAA-4B13-4EIB-855D- 36E047E07090/0/MAMU MaskAnalysis.pdf U.S. Fish and Wildlife Service. 2015. Official Species List#01EWFW00-2016-SLI- 0984. Internet report. URL:http•//www.fws_gov/wafwo/ U.S. Fish and Wildlife Service. 2014. Species fact sheet, Streaked Horned Lark, Eremophila alpestris strigata. Internet report. URL:http•//www fws gov/wafwo/species/Fact%20sheets/streakedhomedlarkfinal.Ddf Washington State Department of Ecology. 2012. 2012 Water Quality Assessment 303(d) List: Skokomish/Dosewallips Water Resource Inventory Area(WRIA 16). Internet report. URL:http://www.ecy.wa.gov/programs/M/303d/currentassessmt.html Washington State Department of Ecology. 2012. 2012 Stormwater Management Manual for Western Washington. Internet report. URL: https:Hfortress.wa.gov/ecy/publications/SummaryPages/1410055.html Washington State Department of Natural Resources. 2014. FPARS ARCIMS mapping application. Internet report: URL:http://fortress.wa.gov/dnr/appl/fpars/viewer.htm Washington Department of Fish and Wildlife. 2008. Priority Habitat and Species List. Olympia, Washington. 177 pp. 29 Varano Biological Evaluation Washington Department of Fish and Wildlife. 2012. Annual Report: Marbled Murrelet. Internet report. URL: http://wdfw.wa.gov/conservation/endangered/species/Marbled murrelet pdf Washington Department of Fish and Wildlife. 2012. Annual Report: Northern Spotted Owl. Internet report. URL: httl2:Hwdfw.wa.gov/conservation/endangered/species/northern spotted owl pdf Washington Department of Fish and Wildlife. 2012. Annual Report: Streaked Horned Lark. Internet report. URL: http://wdfw.wa.gov/conservation/endangered/species/streaked horned lark pdf Washington Department of Fish and Wildlife. 2012. Annual Report: Yellow-billed Cuckoo. Internet report. URL: http://wdfw.wa.gov/conservation/endangered/s ecies/vellow-billed cuckoo pdf Washington Department of Fish and Wildlife. 2014. SalmonScape. Internet report.URL: http://qpps.wdfw.wa.gov/salmonscape/ Washington State Department of Transportation. 2014. BA Preparation for Transportation Projects—Advanced Training Manual—Version 4-02-2014. URL: http://www.wsdot.wa.gov/NR/rdonlyres/A 1 F853 52-90EO-457B-9A8C- B5103E097FAE10/BA manualpart2 pdf Varano Biological Evaluation 30 Attachment 1 The vicinity map and the extent of the action area from a few designated points. f � C'KP' g ' k \ a t � a t\C 0.750 101 Olympic National Forest U.310 mi Parana Residence N � �v v �\ W A S N I N G T O N 5903 N Lake Cushman Rd av y \ M A S O N e h� v o asa Varano Biological Evaluation 31 Attachment 2 Site Plan with existing development. z } sA a Rf ..1 r+ ,r• t xc limy Shan It te 1 ux f'tin.Yi Lake !lul4teadRlict ' t.?9T-72-h ti Cushman r � J r Sgtrdw W 4,31q,.kX and aeo 'F az3 Ck:�4tErx�„l+ttl�e \houn,r' `lax k*az A 1 r } . _ l t '(N#f f'-ti, I iKT,d .{r 7 »a r, r APMt itA4`t PiWM.t4ED ur r tAllJaf xtdvi.X.R/"r{tnr M At t s _ 3 n�#da I A tsar trcm„ (—4 Rsfx \sex i v 1 3 p !a to k#it k 1 1 tPATI{RS i 6 K i xlfNA 4 .��r LO ATU.'N ADM NS t lcvi r 8t<aa tsJ¢ M rE 4 a}:' I& TS q A47AG3 N4 UWivEBS s tea D ..m. .�! Lao s b m RA'�BJdN 1 360111 7 951Z t p cox IN' P i t Q tl 8,fi n<{ K MAII "AUI-33[I`SS AT ( h t t xd a I, K p 1]rYcty,Ctpn .. 17xlt Afa ( Pnik a>37 I`,WXxlti r I,, k ,ax,iR I Ct7tJPTY xi - bEATE ri 7 i5f whsu,B' uk' I ....t _.. .... ...?._DATE Varano Biological Evaluation 32 Attachment 3 Site Plan with proposed development. r h rI l _ jfr 1plef&t loal !f L73S3G i VA Madan Yell—Cciktr I.mn)x:r HIS Nrats �� ^� � Al l'-'Retwo, ♦ / / x E I f r0/ f ..PUR(Y24F K pt w r i d� APPT.ICANT ._ PRIt MU)N FI t t l AIMA UNG M ERING Inc 4l t t t 1 i t.v a.R Rof�i 7 Ja 1&Rd.".kal.� 'u tuxirrf P.,H klt k t'Q Ik7x 295 [ sue" � DATUMtl tt 11MA1 1W LCWATION ADMENS Idadspt WA."548 Var,w:n,a AnlACk NT O hFRS. 5*n,,;t a# I n�Rf,a a ••ink ; (350)877 9512 74.xfs{K r AA 4914 IN tintx if. t' 1. tit f MAI[U"t AIMAMS 'Y r tt it S1 ft i b t t5 t IM S Gem! Al E{:X nA # 3 4f 3 RNvd /Atc t k 4t+. F,-IY COUNTY M m "TATL. t ! f43atfi F3cw4 b".wk Fia d)Srtd A1rum Co fte)N I19t7)Z4Ml1 BAIT n fat SNFRT: (It 1 Varano Biological Evaluation 33 Attachment 4 Cross Section of proposed development. __- --.w._ _. Replace 75`Get flulklicad alollg exi wp,alipiricat, ftGGtLfteaxt last'lu;x5 738.3 #'vet Surface l:k�.atinn 738.1 ZsR 1G>iu X I3lcx ki 8 . 40<Girde _ N t wi kl mtxir to tx Alwkan Yello,C cdar (late =Y,x h ' Pi G C Givamx X t twi f o.ttf mn8 t des let he 8,8,. ; !A9 Boll,& ; 9 Pier C tr!rste be$v8 al in Berth 2v9 joibte a here rated Pier&F(wt Snrlaeo to to clad wish ^-eA&2xtS Yell.,(cant Plank, l Ts N hlgaP as; -Z'deep lj4 r of Wprtp whind' t N AbeA u)pro id, 3 c..! P+-it4e drafts ie,c. 732.7 } d 4 rA Itrntxdnw,ont l to M". ill 1,lb"], 3 !laid Mixed t� L i ,a.kcd" >s � � > RGltfl to�cr around Concrete, !,l �:. ,. . fkal Pa ilnnma:aalnmts. 1 x Pt r alufw. s e t alaap, i o fG Iriiwamxnr (NAh-d � a �' "trtE (; PijSP 4i A I e 5tA 4 .e AfTl1C+a`1'T PRt?M1SY.S? K pk tc ie k A ea,ui .tt s la ne&Rcixc a na,utc '<^ i a 2 r n i a c ts,de PU Was?3_T VA C7tNEF..RJNf;lefs^ smr At i s t)ATt.tta )ti YNAN cHM TW, tc%ATION ADiMS fi-t fw k3exad4 b, h 3 k II.PdV %WA 9$50 � ADJACENT OWN WO; t d,t',d xe R-J -d-' fal i73«Yras a.»es.wty•eu��at�. (tbf7)877 93t2 i e�x tt 3A} Am' att i 3f A s IM S l A 9a1 t en 4t1vi (:f h(.vt> MAA.tt+<At777Mt 4t � AT `Y t ri.€�t M,,✓ (.8r tr 17csailMrve L7. M mta ihd Nn.42fiT 3.htX13t 13 r wevxGa »"YY s S ( i d5"5,t1AYkeN A'wajelrcr Hltlfi � trA''!' ! 6l4Fi'14"T Varano Biological Evaluation 34 Attachment 5 Cross section of proposed development and pier/float details. L----- ------------ 1� 4"crs�L:uidar , ♦A _. 738.1 S� 4 732.7 # .. 729.7 _ 3• 7'ta)p t I alnittxe _ Neaars to 33u>C}r {Ilt4.ill i.Yj�PrS 1 ex»;itlptsl Fixk rLo11oTt pnrteclnrn & V mrt awa%from pier s>it,tluat landing Mel 'and along Yoe of bidkfwaf h-mom Phut,,. pl3RPtTSE (ttf F t Mtuu'_I.nn.Guk, AMACANT +` TAIIJA L�Wi".fIXEI1::RINC 7+1C St Rtr -i� St ae,4 sad � t 6k.. A 0 dk" t"as ttrm.@ kiallhr+aS Jance d Rehca. ara±m fl7 dpirt 4 UATVM.i K i t'\I IkI"%"(A c+ 17„ T.XATION ADORM", Ff aA tfut tak,,737 t-a�dai+Ate. (.36)877S WA 99548 W3[simumum,mea° aro�mMs ,y xur� t nt< W.-k>u� arut ebw.i Ite t <a (3b0)STf-¢ff? ADJAC.NNT(1MRM it eM14'* uAIW!x IN tat, sk*nw �T it€aen tAxt kaze FW A Xt) il MAKII>SUS4 0 t i t x i c.a+a d F ha R a E AT S t o Bent 3 x i r�S i_`"> v K 1 lkmnl�In Irx t 1 R k VOUN`S7 4as %T Afit tit ! t1]J1 fku;Ii'+•>ak lticar &t598 Mauro Co IWI N a 171 12.OWI tt f* u q s s AATF n I Sill' Varano Biological Evaluation 35 Attachment 6 From the top of the bluff, looking down at the existing pier. * x Varano Biological Evaluation 36 Attachment 7 The existing bulkhead at the site. �6 s Varano Biological Evaluation 37 Attachment 8 The existing bulkhead,pier, and access stairs. is Varano Biological Evaluation 38 Attachment 9 The existing pier and bulkhead. 39 Varano Biological Evaluation Attachment 10 The proposed planting area onthe slope. . . . ©< Va a o Biological Evalu§on 40 Attachment 11 Essential Fish Habit Assessment Essential Fish Habitat Assessment A. Background The Magnuson Fishery Conservation and Management Act was signed into law on April 13, 1976. Under provisions of the Act, eight Regional Fishery Management Councils were established to prepare FMP's in conformance with national standards published in 50 CFR Part 600.305-340. The Magnuson Act was renamed the Magnuson-Stevens Act in a 1996 appropriations bill. On October 11, 1996,the Sustainable Fisheries Act,which amended the Magnuson-Stevens Act, was signed into law. Provisions included a mandate that the Councils amend each IMP to include a description of Essential Fish Habitat, including adverse impacts on EFH and conservation measures to protect EFH.Essential Fish Habitat is defined as those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity. The Pacific Fisheries Management Council has designated EFH for federally-managed species on the Pacific West Coast, including 82 species of groundfish, 5 coastal pelagic species, and 3 species of salmon. The following species may occur in Lake Cushman during some period of their life history: Chinook salmon (Oncorhynchus tshawytscha) and Coho salmon(Oncorhynchus kisutch). B. Essential Fish Habitat The designated EFH for Pacific salmon species is identified using U.S. Geological Survey (USGS)hydrologic units as well as habitat association tables and life history descriptions of each life stage (PFMC 1999). The EFH for the Pacific coast salmon fishery is defined as those waters and substrate necessary for salmon production needed to support a long-term sustainable salmon fishery and salmon contributions to a healthy ecosystem (WSDOT 2014). To achieve that level of production,EFH must include all those streams, lakes, ponds, wetlands, and other currently viable water bodies and most of the habitat historically accessible to salmon in Washington, Oregon, Idaho, and California(WSDOT 2014). This does not include habitats above the impassible barriers identified by the Pacific Fishery Management Council Fishery Management Plan(PFMC 1999). Varano Biological Evaluation 41 C. Proposed Action The proposed project is the replacement of an existing failed wood bulkhead and a pier with a wood bulkhead and a pier and float on Lake Cushman. The action will result in an increase of overwater coverage at the site of approx. 34 square feet. D. Effects of the Proposed Action The effects of the proposed project on designated EFH are expected to be comparable to the effects described in the attached BE. E. Conservation Measures The conservation measures and BMPs discussed in the attached BE will be implemented to minimize any adverse effects to Essential Fish Habitat. F. Conclusion The proposed project is likely to have no significant impact on designated EFH for Pacific salmon. G. References NOAA, 2006. Final environmental assessment and finding of no significant impact for Magnuson-Stevens Act Provisions; Essential Fish Habitat. Internet report. Website: http://www.nmfs.noaa.gov/habitat/efh/finalenvironmentalassessmentandfindingofno.htm PFMC (Pacific Fishery Management Council), 1999. Fisheries Management Plans for groundfish, coastal pelagic fish, and Pacific salmon. Internet reports. Website: www.pcouncil.org/ Washington State Department of Transportation. 2014. BA Preparation for Transportation Projects—Advanced Training Manual, Chapter 16—Version 4-02-2014. Internet report.http://www.wsdot.wa.gov/NR/rdonlyres/AIF85352-90EO-457B-9A8C- B5103E097FAE10/BA manualpart2 pdf Varano Biological Evaluation 42 SEP2016-00070 ✓ MASON COUNTY ENVIRONMENTAL CHECKLIST Parcel 42332-12-60031 Revised- rcvd 9/29/16 MASON CO. ENVIRONMENTAL CHECKLIST A. BACKGROUND 1. Name of proposed project, if applicable: Varano Bulkhead, Pier, and Float Project (ATF and replacement/new permits). 2. Name of applicant: James & Rebecca Varano. 3. Address and phone number of applicant and contact person: PO Box 69, Hoodsport 98548; 5903 N Lake Cushman Rd. 4. Date checklist prepared: 06-27-16. 5. Agency requesting checklist: Mason County 6. Proposed timing or schedule (including phasing, if applicable): Replacement shoreline access stairs to be installed asap after receiving required permits. Bulkhead and pier replacement and new float to be installed after the lake is lowered. 7. Do you have any plans for future expansion, or further activity related to or connected with this proposal: if yes, explain. No. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. BE & MEP. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. No. 10. List any government approvals or permits that will be needed for your proposal, if known. A Mason County shoreline substantial permit, an HPA from the WDFW, a Tacoma Power permit, and a USACE permit. 11. Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead MASON COUNTY ENVIRONMENTAL CHECKLIST 2 y agencies may modify this form to include additional specific information on project description). As per the engineered design by P.E. Alan Tahja (Attachments 2-5), the existing, approx. 55' wood bulkhead will be replaced with a new wood bulkhead that will be approx. four feet (4') in above grade height and approx. 59 feet in length with wing walls inset into the bank at both ends. The bulkhead will be constructed of eight by eight inch (8"x 8") Alaska yellow cedar posts, two by eight-foot (2' x 81) yellow cedar planks, and galvanized hardware. To provide added stability, eight (4" x 811) galvanized steel girders will be bolted to the back of the bulkhead, angled into the bank (at approx. 45 degrees), and set in concrete. Existing shoreline access stairs will also be replaced. The existing 255 sf pier will be replaced with an eight by ten-foot (8' x 101) pier,an approx. eight by sixteen-foot (8' 3" x 16') float with four(4) eight by eight inch (8" x 8") yellow cedar positioning pilings, and a three by fourteen-foot (3' x 14') aluminum ramp. The pier and float will be constructed of yellow cedar posts,joists, decking, and trim, and galvanized steel or aluminum hardware. The four float positioning posts will be fitted with metal float stops that prevent the float from resting on the lakebed. The new float will be fitted with polyethylene encapsulated Styrofoam® floats. Grating will be installed on the pier and float (fifty percent total for each with 60 percent light passage). Overwater coverage of the replacement pier (128 sf), ramp (28.8 sf), and float (132.3 sf) will total 289.1 sf for an increase in overwater coverage at the site of 34 square feet. To aid in mitigating erosion, basalt rip-rap (1/2 man rock) will be placed along the bulkhead toe and around all posts and pilings to a width of one foot (1') following construction. All post and piling holes will be four feet (4') deep, two feet (2') wide, and filled with concrete and rebar. No pressure treated lumber will be used in this project. Sustainably harvested Alaska yellow cedar, which is insect and decay resistant, will be utilized instead. All overwater structures will be grated with ThruFlow decking panels, which are made of reinforced polypropylene, contain no toxic preservatives, and are recyclable. To access the shoreline safely, existing failing stairs will be removed from the site and replaced with wood (yellow cedar) stairs, running approx. 115, with seven landings. A medium-sized jackhammer, a circular saw, and various hand tools will be used throughout the proposed project. All materials (with the exception of the float, which may be constructed off-site and transported by boat when the lake's waters are high), equipment, debris, and workers will be transported to and from the site in cars or trucks. Geo-textile fabric will be spread over the dry lakebed before commencement of project construction MASON COUNTY ENVIRONMENTAL CHECKLIST 3 in order to contain any manmade construction debris. At the completion of construction, the geo-textile fabric will be removed from the shoreline at the site, along with all bconstruction d f ata licensed landfillting manmade o other licensed debris. All debris will pose o disposal site. All activities are within the 100-year flood plain. The nearest waterbody is Lake Cushman. 12. What is the location of the proposal? Give sufficient information for a person to understand the precise location of your proposed project including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist The site is located on Lake Cushman at 5903 N Lake Cushman Road, Hoodsport. Section 32, Township 23N, Range 04W. Parcel number 42332-12-60031. The legal description is: TR 3-13 OF NE LOT 3 OF SP#1727 S 41/120. B. ENVIRONMENTAL ELEMENTS: 1. EARTH: a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other. b. What is the steepest slope on the site (approx. percent slope)? Greater than 100 percent. C. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know classification of agricultural soils, specify them and note any prime farmland. Sand, gravel, and clay. d. Are there surface indications of history of unstable soils in the immediate vicinity: If so, describe. No. MASON COUNTY ENVIRONMENTAL CHECKLIST 4 e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Approx. 11 cu/yds of basalt rip-rap will be used to back the bulkhead. Another 5 cu/yds will be placed along the bulkhead's toe and around the pier and float posts and piling footings to alleviate erosion. f. Could erosion occur as a result of clearing, construction, or use: If so, generally describe. BMPs will be followed during construction. g. About what percentage of the site will be covered with impervious surfaces after project constructions (for example, asphalt or buildings)? No new impervious surface area will be created by the project. The stairs will be pervious to water. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: BMPs will be followed. See BE please. 2. AIR: a. What types of emissions to the air would result from the proposal (i.e. duct, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities, if known N/A b. Are there any off-site sources of emissions or odors that may affect your proposal? If so, generally describe. N/A C. Proposed measures to reduce or control emissions or other impacts to air, if any: N/A 3. WATER: a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. Lake Cushman. MASON COUNTY ENVIRONMENTAL CHECKLIST 5 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Yes, see BE entitled Varano Bulkhead, Pier, and Float Replacement Project, 6-27-16. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Approx. 4 cu/yds of basalt riprap. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. Yes, the proposed project site is located on the shoreline of Lake Cushman. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. N/A. b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities, if known. NIA. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage, industrial, containing the following chemicals...,agricultural, etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. N/A. C. Water runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this flow into other waters? If so, describe. MASON COUNTY ENVIRONMENTAL CHECKLIST 6 N/A. 2) Could waste materials enter ground or surface waters: if so, generally describe. N/A. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: N/A. 4. PLANTS: a. Check or circle types of vegetation found on the site: X_deciduous tree: alder, maple, aspen, other x_evergreen tree: fir, cedar, pine, other x shrubs x_ grass pasture Crop or grain wet soil plants. cattail, buttercup, bulrush, skunk cabbage, other _water plants: water lily, eelgrass, milfoil, other other types of vegetation b. What kind and amount of vegetation will be removed or altered? None. C. List threatened or endangered species known to be on or near the site. Unknown. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Mitigation in the BE includes a native planting plan. 5. ANIMALS a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other Mammals: deer, bear, elk, beaver, other Fish: bass, salmon, trout, herring, shellfish, other MASON COUNTY ENVIRONMENTAL CHECKLIST b. List any threatened or endangered species known to be on or near the site. The Chinook salmon, the bull trout, the Puget Sound steelhead, the northern spotted owl, the Hood Canal summer-run chum, the streaked horned lark, and the yellow-billed cuckoo. C. Is the site part of a migration route? If so, explain. No, Lake Cushman is land-locked due to two dams. d. Proposed measures to preserve or enhance wildlife, if any: See above (4d). 6. ENERGY AND NATURAL RESOURCES: a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. NIA. b. Would your project affect the potential use of solar energy by adjacent properties: If so, generally describe. NIA. C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: NIA. 7. ENVIRONMENTAL HEALTH: a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, which could occur as a result of this proposal? If so, describe. NIA. 1) Describe special emergency services that might be required. An ambulance in the event of a construction accident. 2) Proposed measures to reduce or control environmental health hazards, if any: NIA. MASON COUNTY ENVIRONMENTAL CHECKLIST S b. Noise: 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? N/A. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. N/A 3) Proposed measures to reduce or control noise impacts, if any" N/A 8) LAND AND SHORELINE USE: a. What is the current use of the site and adjacent properties? Residential and recreational. b. Has the site been used for agriculture? If so, describe. No. C. Describe any structures on the site. A SFR, shoreline access stairs, a bulkhead, and a pier. d. Will any structures be demolished? If so, what? Yes, the bulkhead, shoreline access stairs, and the pier. e. What is the current zoning classification of the site? Unknown. f. What is the current comprehensive plan designation of the site? Unknown. MASON COUNTY ENVIRONMENTAL CHECKLIST g g. If applicable, what is the current Shoreline Master Program designation of the site? Urban residential. h. Has any part of the site been classified as an "Environmentally sensitive" area? If so, specify. Lake Cushman is a "lake of statewide significance." i. Approximately how many people would reside or work in the completed project? NIA. j. Approximately how may people would the completed project displace? NIA. k. Proposed measures to avoid or reduce displacement impacts, if any: NIA. i. Proposed measure to ensure the proposal is compatible with existing and projected land uses and plans, if any: NIA. 9. HOUSING: a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. NIA. b. Approximately how many units, if any would be eliminated? Indicate whether high, middle, or low-income housing. NIA. C. Proposed measures to reduce or control housing impacts, if any: NIA. 10. AESTHETICS: a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? The stairs will be approx. 15' above grade in height in places. b. What views in the immediate vicinity would be altered or obstructed? MASON COUNTY ENVIRONMENTAL CHECKLIST 10 The project does not obstruct any views. C. Proposed measure to reduce or control aesthetic impacts, if any: N/A. 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? The project does not produce any light or glare. b.Could light or glare from the finished project be a safety hazard or interfere with views? N/A. C. What existing off-site sources of light or glare may affect your proposal: N/A. d. Proposed measures to reduce or control light and glare impacts, if any.- N/A. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? Boating, fishing, hiking, etc. b. Would the proposed project displace any existing recreational uses? If so, describe. No. C. Proposed measures to reduce or control impacts on recreation, including recreational opportunities to be provided by the project or applicant, if any: • 11 MASON COUNTY ENVIRONMENTAL CHECKLIST NIA. 13. HISTORIC AND CULTURAL PRESERVATION: a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. Not that the applicants know of. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None. C. Proposed measures to reduce or control impacts, if any: NIA. 14. TRANSPORTATION a. Identify public streets and highways serving the site and describe proposed access to the existing street system. Show on site plans, if any. NIA. b. Is site currently served by public transit? If not, what is the approximate distance to the existing street system? Show on site plans, if any. Unknown. C. How many parking spaces would the completed project have? How many would the project eliminate? NIA. d. Will the proposal require any new roads or streets,.or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). No. MASON COUNTY ENVIRONMENTAL CHECKLIST 12 e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. f. How many vehicular trips per day would be generated by the completed project. If known, indicated when peak volumes would occur. N/A. g. Proposed measures to reduce or control transportation impacts, if any: N/A. 15. PUBLIC SERVICES a. Would the project result in an increased need for public service (for example: fire protection, police protection, health care, schools, other)? If so, generally describe: No. b. Proposed measures to reduce or control direct impacts on public services, if any: N/A. 16. UTILITIES a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other: b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. N/A. Signature: The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. MASON COUNTY ENVIRONMENTAL CHECKLIST 13 Signature: Date submitted: 10- 88-15 MASON COUNTY ENVIRONMENTAL CHECKLIST 12 f. How many vehicular trips per day would be generated by the completed project. If known, indicated when peak volumes would occur. N/A. g. Proposed measures to reduce or control transportation impacts, if any: N/A. 15. PUBLIC SERVICES a. Would the project result in an increased need for public service (for example: fire protection, police protection, health care, schools, other)? If so, generally describe: No. b. Proposed measures to reduce or control direct impacts on public services, if any: N/A. 16. UTILITIES a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other: b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. N/A. Signature: The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: Date submitted: $ 6/a��6 ' MASON COUNTY Department of Community Services Planning Division 615 W Alder St, Shelton, WA 98584 (360)427-9670 MITIGATED DETERMINATION OF NONSIGNIFICANCE (WAC 197-11-350) SEP2016-00070 Directions to Site: FOLLOW LAKE CUSHMAN RD TO SITE ADDRESS ON THE LEFT SIDE, SHARED ACCESS WITH 5901 Parcel Number: 423321260031 Legal Description: TR 3-B OF NE LOT 3 OF SP #1727 Lead Agency: Mason County The Lead Agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21 C.030(2)(c). This decision was made after review of a completed Environmental Checklist and other information on file with the Lead Agency. This information is available to the public upon request. MITIGATED MEASURES ARE ATTACHED. Please contact Rebecca Hersha at ext. 287 with any questions. This DNS is issued under WAC 197-11-350. The Lead Agency will not act on this proposal for 14 days from the date shown below, when the determination is final. Comments must be submitted to Community Services Department, 615 W Alder St, Shelton WA 98584 by 11/11/2016. Appeal of this determination must be filed within a 14-day period following this final determination date, per Mason County Code Chapter 15.11 Appeals. Authorized Local Government Official Date SEP2016-00070 Page 2 of 3 4 TA OMA POWER rwcar+w vusLtc urILiriEs SHORELINE USE PERMIT (SUP) APPLICATION Dear Applicant: You have expressed an interest in obtaining a Shoreline Use Permit (SUP) to use property owned and managed by Tacoma Power as part of its Cushman Hydroelectric Project. In order to obtain this Permit, you should familiarize yourself with the Cushman Project's Shoreline Use Specifications and Permitting Guidelines (SUSPG) which can be found at http://www.mvtpu.org/tacomapower/fish-wildlife-environment/cushman-hydro-proiect/shoreline.htm. Please provide the information below and return this Application to Tacoma Power's Real Property Services department. Also, please make sure to provide the required Application processing fee identified below. APPLICANT INFORMATION Name: Jim Varano Day Phone: (360 )877-9631 Mailing Address: 5903 N Lake Cushman Road Cell Phone: ( 831)234-4502 Hoodsport, WA 98548 Fax No. ( ) (City) (State) (Zip) Email: Spidermtn@gmail.com REQUESTED PERMIT ACTION (Please CHECK all Applicable Boxes) NOTE: A NON-REFUNDABLE APPLICATION PROCESSING FEE IS REQUIRED FOR EACH PERMIT TYPE ❑ New Permit ($300 Fee/$600 After-the-Fact) ❑ Renewal of Existing Permit ($150 Fee) ❑ New Permit Due to Transfer of Ownership ❑ Modification of Permit for existing ($150 Fee/$300 beyond 45 day grace period) structure ($300 Fee) ❑ New Permit Due to Modification of a grandfathered ❑ Replacement In-Kind of a permitted structure Structure to meet current policy standards (No Charge) that meets current policy standards (No Charge) ❑ Community Dock($300) ❑ Structural Bulkhead ($750 Fee) ❑ Inspection with Report($50 Fee) ❑ Non-Structural Bulkhead ($300) Q Cultural Resource Survey*($1000 =$100 Fee +$900 deposit)-*FERC requirement when ground disturbance occurs. Includes a$900 archaeologist fee deposit plus$100 staff time to process. Following completion of the survey, either the unused balance of the deposit will be refunded or an invoice issued for any balance owing. COMMERCIAL USES-Please contact Tacoma Power, Real Property Services, (253)502-8873 PROPERTY INFORMATION 1. Location of Proposed Use/Structure: LAKE CUSHMAN 2. Attach a site map of the area/reservoir shoreline you propose to use and describe that location in relation to landmarks. This map needs to include a North arrow, property lines, and dimensioning sufficiently detailed to locate structure. 3. Site Address of your Adjacent Shoreline Property: 5903 N Lake Cushman Road, Hoodsport, WA 4. Parcel Number(s)of your Adjacent Shoreline Property: 42332-12-60031 5. Legal Description of your Property. Please provide a copy of your property Deed and/or provide the following: Lot No. 3 Block Plat Quarter Section 32 Township 23 Range 4W NOTE: Permits will only be issued to"Adjacent Property Owners"who meet all eligibility requirements. You must own the property adjacent to and abutting the City's property where your structure will be located. Also, water levels on the lake will fluctuate seasonally dependent upon generation and rainfall. Tacoma Power does not guarantee year-round water access to any dock or other facility on the lake. SUP Application(Cushman SUSPG).doc-date:3/2014 Page 1 of 2 STRUCTURE/USE INFORMATION (Please CHECK all Applicable Boxes) �ock �ulkhead Dwimming Platform Umooring Buoy Wecks, Paths, or Stairs �ther- Please Specify: Please state September (Month)/2016 (Year) of anticipated installation or completion. If this is an after-the-fact Application, please state (Month)/ (Year)the installation occurred. FOR ALL APPLICATIONS, YOU MUST ATTACH THE FOLLOWING SCALED DRAWINGS AND INFORMATION: 1. A top view(plan view)of structure showing shape and outside dimensions of structure in feet. 2. A side view(elevation view)of structure showing vertical elevation from water. 3. If structure is already built, please provide photographs of the structure and copies of permits or other documentation that demonstrates the structure is in compliance with county regulations. 4. The structure's location in relation to shoreline(high water mark)and your property. 5. A description of construction methods and materials used (or to be used)for each structure. Attach a separate sheet of paper if necessary. SPECIAL CONDITIONS 1. Will/Did you need to disturb the surface of the ground? V/ 2. Will/Did you need to place fill? ✓ 3. Will/Did you need to remove vegetation? ✓4. Will/Did you install pilings, blocks or any other structural components into the lakebed below the high water mark? tJ *If YES, explain in detail (what/where/how/when/why) on separate sheet of paper. Please note, if you answered"YES" to any of the above, a Cultural Resource Survey will most likely be required (see Permit Action on first page). OTHER REQUIREMENTS The proposed Structure/Use may require additional permits or approvals from state and/or local regulatory agencies. It is the Applicant's responsibility to obtain such permits from these agencies as a condition of any Permit issued by Tacoma Power. You do not need to have these permit(s) in hand to apply for this SUP. However, you must obtain such permit(s)and/or approvals prior to construction. YES NO YES NO Environmental Checklist(SEPA) Shorelines Permit(or exemption) Date w-A` /6 0 Date F7Hydraulic Project Approval ElClearing and Grading Permit Date Date RIGHT— OF— ENTRY STATEMENT (REQUIRED FOR ALL APPLICATIONS) I grant Taco Power permission to access and enter my property in order to inspect the project site or any work rel a ermit. These inspections shall occur at reasonable times and, if practical, with prior notice. Initial HOW TO APPLY Sign and return the completed application to Tacoma Public Utilities, Real Property Services, PO Box 11007, Tacoma,WA 98411-1007. Remember to enclose required application fee, maps, drawings and photos. Signature. Date: 4/27/2016 SUP Application(Cushman SUSPG).doc-date:312014 Page 2 of 2 3628 South 35"Street Tt Tacoma,Washington 98409-3192 TACOMA POWER TACOMA PUBLIC UTILITIES TACOMA PUBLIC UTILITIES September 1, 2016 Via email Rebecca Hersha, Planner Mason County Community Services Department 615 West Alder Street Shelton, Washington 98584 SUBJECT: Varano Land Use Application on Tacoma Power Property Dear Ms. Hersha, The City of Tacoma, Department of Public Utilities, Light Division (Tacoma Power) was notified on August 17, 2016 of an application to Mason County by Integrated Northwest Construction, Inc. to permit demolition of upland and existing shoreline structures and new construction located on Tacoma Power's property at Lake Cushman. Varano currently sub-leases the adjacent property (Mason County Parcel No. 42332-12-60031) which is also owned by Tacoma Power and leased to the Lake Cushman Development Company. Those structures located at or below 742-feet elevation require a permit from Tacoma Power. As of September 1, 2016 Tacoma Power has not received an application for a Shoreline Use Permit (SUP)from Varano or his agent. Tacoma Power met with Integrated NW Construction and their associate, Kim Schaumburg, on March 11, 2016 and May 13, 2016, respectively to evaluate the condition of existing structures and uses and discuss Tacoma's permitting guidelines as detailed in Tacoma's Shoreline Use Specifications and Permitting Guidelines (SUSPG). Because the condition of the existing structures is such that a total tear-down is needed, the proposed new structures do not qualify as "prior existing uses" under section 4.4 of the SUSPG, and therefore must meet the specifications as detailed in the SUSPG. The plans provided to not match what was discussed during the on-site pre-application meetings. Review of the drawings by Tahja Engineering dated 6/15/2016 submitted to Mason County, the JARPA application received by Mason County on 7/21/2016, and the project description provided by Mason County on 8/17/2016 are shown below along with Tacoma's comments. BULKHEAD: Replacing a non-permitted bulkhead (wood with wood) - 55' long by 4' tall with wing walls inset into the bank on both sides. Eight galvanized steel girders will be bolted to the back of the bulkhead, angled into the bank and set in concrete. Basalt rip rap (1/2 man) will be placed along the toe and around all posts to a width of one foot. TACOMA'S COMMENTS ON BULKHEAD: Denied as currently proposed. Proposed new shoreline stabilization must meet the conditions of Appendix B Section 4 of the SUSPG. The bulkhead as currently proposed does not meet the guidelines as it is not proposed at the toe of the existing slope. The SUSPG clearly states that a bulkhead cannot be used for the purpose of reclaiming land lost to erosion. Additionally, the top of the bulkhead is currently designed at 738.1' elevation. This height should be reevaluated by the engineer as the bulkhead must be designed to accommodate the reservoir at full pool (738' elevation), in addition to climatic and operational conditions. As currently designed the bulkhead could be overtopped. There are other requirements in the SUSPG that are not listed here that the contractor will need to address when they apply for Tacoma's SUP. DOCK: Replacing a non-permitted 255 sf pier with a 224 sf(28' by 8') pier and 248 sf(15.5' by 16) of polyethylene encapsulated styrofoam floats. Pier will be supported by the bulkhead and by eight cedar pilings. Float will be stabilized by two galvanized steel pilings and supported with two pilings attached to landing bars keeping the float off the shore by at least 18 inches. Metal grating will be installed on the pier and float (50% total for each with 60% light passage). Basalt rip rap (1/2 man)will be placed around pilings to a width of one foot. Piling holes will be 4' deep and 2' wide, filled with concrete and rebar. TACOMA'S COMMENTS ON DOCK: Denied as currently proposed. Proposed new pier/float must meet the conditions of Appendix B Section 2 of the SUSPG. The new pier/float as currently proposed does not meet the guidelines as it is over the maximum allowance of 300 sf over water. Additionally, the pier is currently designed with the top of the decking at 738.1' elevation. This height should be reevaluated by the engineer as the pier and float must accommodate a full pool (738' elevation), in addition to climatic and operational conditions (see Appendix B Section 2.2 of SUSPG). As currently designed the pier and float could be over topped. STAIRS: From house to the bulkhead (not waterward of the OHWM). Replacing a non- permitted 115' stairway with 115' by 4' of wood stairway including seven 4' by 4' landings. The two concrete retaining walls under the stairs are existing. TACOMA'S COMMENTS ON STAIRS: Approved. The portions of the stairs located below 742' elevation appear to meet the conditions of the SUSPG. Tacoma would like the opportunity to review any revised plans before Mason County initiates the permitting process. Please note that no work can occur on Tacoma Power property until all permits are received by the required regulatory agencies (Mason County, WDFW and ACOE), a cultural resources survey has been completed, and a SUP has been issued by Tacoma Power. Feel free to contact me at 253-441-4180 or wwright(a)ci.tacoma.wa.us if you have any questions or need something more regarding this matter. Sincerely, Wynnae Wright Shoreline and Lands Coordinator cc: James Varano, via email Rich and Caralyn Valdeman, Integrated Northwest Construction, via email Bret Forrester, Wildlife and Lands Manager, via email Dori Bishop, Tacoma Public Utilities Sr. Real Estate Specialist, via email r ) t MASON COUNTY Department of Community Services Planning Division 615 W Alder St, Shelton, WA 98584 (360)427-9670 MITIGATED DETERMINATION OF NONSIGNIFICANCE (WAC 197-11-350) SEP2016-00070 Description of Proposal: BULKHEAD and STAIRS: Replacing a non-permitted bulkhead (wood replaced with sustainably harvested yellow cedarwood) - 59' long by 4' height above grade with wing walls inset into the bank on both sides. The bulkhead will be constructed of eight by eight inch (8"x 8") Alaska yellow cedar posts, two by eight-foot (2' x 8') yellow cedar planks, and galvanized hardware. Eight galvanized steel girders will be bolted to the back of the bulkhead, angled into the bank and set in concrete. Basalt rip rap (1/2 man) will be placed along the toe and around all posts to a width of one foot. Post and piling holes will be four feet (4') deep, two feet (2') wide, and filled with concrete and rebar. The DOCK: Replacing a non-permitted 255 sf pier with a 289 sf pier/ramp/float: 8' by 10' pier, a 3' by 14' ramp, and an 8.25' by 16' of polyethylene encapsulated styrofoam floats. Pier will be supported by the bulkhead and by four yellow cedar pilings. Float will be positioned with four yellow cedar pilings fitted with metal float stops that prevent the float from resting on the lakebed. Metal grating will be installed on the pier and float (50% total for each with 60% light passage). Basalt rip rap (1/2 man) will be placed around pilings to a width of one foot. Piling holes will be 4' deep and 2' wide, filled with concrete and rebar. Dock will be grated with ThruFlow decking panels, which are made of reinforced polypropylene. STAIRS: From house to the bulkhead (not waterward of the OHWM). Replacing a 115' stairway with 115' by 4' of wood (sustainably harvested yellow cedar) stairway including seven 4' by 4' landings. The two concrete retaining walls under the stairs are 'existing.' Note- the 4' by 60' deck along the upland side of the proposed bulkhead shown in the 9/19/16 drawings will not be authorized (without a Variance). A Biological Evaluation has been prepared by BioResources. Proponent: JIM VARANO Site Address (If Assigned): 5903 N LAKE CUSHMAN RD HOODSPORT SEP2016-00070 Page 1 of 3 MASON COUNTY Department of Community Services Planning Division 616 W Alder St, Shelton, WA 98584 i (360)427-9670 MITIGATED DETERMINATION OF NONSIGNIFICANCE (WAC 197-11-350) SEP2016-00070 Directions to Site: FOLLOW LAKE CUSHMAN RD TO SITE ADDRESS ON THE LEFT SIDE, SHARED ACCESS WITH 5901 Parcel Number: 423321260031 Legal Description: TR 3-13 OF NE LOT 3 OF SP #1727 Lead Agency: Mason County The Lead Agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21 C.030(2)(c). This decision was made after review of a completed Environmental Checklist and other- information on file with the Lead Agency. This information is available to the public upon request. MITIGATED MEASURES ARE ATTACHED. Please contact Rebecca Hersha at ext. 287 with any questions. This DNS is issued under WAC 197-11-350. The Lead Agency will not act on this proposal for 14 days from the date shown below, when the determination is final. Comments must be submitted to Community Services Department, 615 W Alder St, Shelton WA 98584 by 11/11/2016. Appeal of this determination must be filed within a 14-day period following this final determination date, per Mason County Code Chapter 15.11 Appeals. Authorized Local Government Official Date SEP2016-00070 Page 2 of 3 is MASON COUNTY Department of Community Services Planning Division 616 W Alder St, Shelton, WA 98584 (360)427-9670 MITIGATED DETERMINATION OF NONSIGNIFICANCE (WAC 197-11-350) SEP2016-00070 CONDITIONS OF THIS DETERMINATION 1) Approval is subject to the recommendations made within the Biological Evaluation prepared by BioResources, dated September 28, 2016. Mitigation includes (but is not limited to) planting native vegetation in the approx. 70' by 70' area that is partially terraced between the bulkhead and the bluff crest where vegetation is currently lacking. At least thirty (30) trees and sixty (60) shrubs will be installed. All recommendations in the Biological Evaluation shall be considered minimum requirements. The planting shall be monitored and maintained for health and survival for at least 3 years, and retained in per ty X 2) The proval of this project is subject to the recommendations and specifications outlined in the Geotechnical Report prepared by Insight Geologic, dated May 17th 2016. The report shall remain attached to the approved building plans. All recommendations are to be considered to be required conditions of approval. Activity not within the scope of the report will require an addi ' nal or amended geotechnical report and Planning Department XpD l. 3) Retial develop=vegetation s should be designed to preserve natural drainage courses. X4) Residential developall be required to control erosion during construction. Remold be minimized and any areas disturbed should be restored to e. n a other environmental impacts.X 5) Water quality i o d e to the detriment of the aquatic environment as a result of this project. 6) Archaeological or torical resources, such as ruins, sites, buildings, artifacts, fossils, or other objects of i3iftiquity that may have significance from an historical or scientific standpoint, which may be encountered by the developer/contractor, shall not be further disturbed. If the developer/contractor encounters any such artifacts, he/she shall immediately stop wor and notify Mason County and the Washington State Department of Arc H' toric Preservation. Failure to do so may result in civil penalties. X ' i' SEP2016-00070 Page 3 of 3 y m..j �4' ~ Jill •�4F�jY '� � �?x�� '4 $ Y i7f i .... Gee p4f All t' s g' 7,1 tj a^ a •, JJ 1 V , } y "�. � ', ,F ''4.. '` `':. "\ Y\ 4 ''\ ''\L ,,fie ��' 7 !1 •' 1 -v ,,,.� �'+ � r f r sa t l I.,r IT: o R i 1 1 1 4 1 + ,<1 R a ■ s i - ` c� Srn►t cwlc.nc• i+ts, DATE � a OVERALL SITE PLAN ' °'—"-"s PRQW TRANSOLYMPIC ENGINEERING,INC. VARANQ RESIDENCE CIVIL .W . F . WA e5lilrzaas JIM AND BECKI VARANQ °' w M NORTH CUSHMAN L,AKC ROAD a.r^nnez^mT cares 09CAS