HomeMy WebLinkAboutSHX2010-00049 Bulkhead - SHX Permit / Conditions - 9/20/2010 oN.STAA MASON COUNTY
P
°'� DEPARTMENT OF COMMUNITY DEVELOPMENT
M C /y
o A u i Planning Division
i o T z P O Box 279, Shelton, WA 98584
N Y o~ (360)427-9670
J �
1864
Exemption from Shoreline Management Act
Case No.: SHX2010-00049 Substantial Development Permit Requirement
The Proposal By: ROSE/DALE NYE
1201 SE COLE RD
SHELTON,WA 98584
To undertake the following development:
Extend existing concrete bulkhead on Hood Canal with 40 feet of new concrete bulkhead, 8 feet
or less above beach grade. Four-inch weep holes located at beach grade are 4 feet on center.
Footing portion is 4 feet in depth total. Area behind bulkhead is to be planted with native shrub
and ground cover species.
Within HOOD CANAL 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
Please contact Rebecca Hersha at ext 287 if you have any questions.
Issued: 9/20/2010
Expires: 9/20/2012 Authorized Local Government Official
cc: APPLICANT WDFW USACOE WDOE TRIBAL COUNCIL
;-----------------T----------------;
i _CTENtCT t SE ONLY
2010
M ; Date received: g—'(//0 ;
WASHINGTON STATE U'
Joint Aquatic Resources Permit Agency reference#:�S'iS�.Yc410— g
Application (JARPA) Form' Tax Parcel#(s):
USE BLACK OR BLUE INK TO ENTER ANSWERS IN WHITE SPACES BELOW.
i
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:-----------------------------------:
Part 1-Project Identification
1. Project Name (A name for your project that you create. Examples: Smith's Dock or Seabrook Lane Development) hel
1qYC 0ULKH6_kD ExTEA 510AJ
Part 2—Applicant
The person or organization responsible for the project. [heipl
2a. Name(Last, First, Middle) and Organization(if applicable)
NYC, D A 1_E P. 1� 905if !✓1 .
2b. Mailing Address(Street or PO Box)
12-0 1 50 COL-9 P-D
2c. City, State, Zip
SHELTvrJ, WA 9 8.5'$y-
2d. Phone(1) 2e. Phone(2) 2f. Fax 2g. E-mail
( 360 )4-z6- 6s-7q- ( ) ( )
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.) [heip]
3a. Name(Last, First, Middle) and Organization (if applicable)
M Ga(Llt..L 11 Si EJc C . �'E'SFI�-z%� �rJST(L�cr��J Cam•, 7ve- .
3b. Mailing Address(Street or PO Box)
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Additional 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 Speck Project Information Form(SPIF)or
prepare a Biological Evaluation. Forms can be found at
http://www.nws.usace.army.mil/PublicMenu/Menu.cfm?sitename=REG&pagename=mainpage_ESA
• If you are applying for an Aquatic Resources Use Authorization you will need to fill out and submit an Application for Authorization to Use State-
Owned Aquatic Lands form to DNR,which can be found at http://www.dnr.wa.gov/Publications/aqr_use_auth_app.doc
• Not all cities and counties accept the JARPA for their local Shoreline permits.If you think you will need a Shoreline permit,contact the appropriate
city or county government to make sure they will accept the JARPA.
2To access an online JARPA form with[help]screens,go to
hftp://www.epermitting.wa.gov/ske/alias_resourcecenter/jarpajarpa_form/9984/jarpa_form.aspx.
For other help,contact the Governor's Office of Regulatory Assistance at 1-800-917-0043 or help@ora.wa.gov.
3c. City, State, Zip
[Aw,Yrd, LvA 9 gSZ 4-
3d. Phone(1) 3e. Phone(2) 3f. Fax 3g. E-mail
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Part 4—Property Owner(s)
Contact information for people or organizations owning the property(ies) where the project will occur. [help]
K 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 property owners. Complete the section below and fill out JARPA Attachment A for each
additional property owner.
4a. Name (Last, First. Middle) and Organization (if applicable)
4b. Mailing Address (street or PO Box)
4c. City, State, Zip
4d. Phone(1) 4e. Phone(2) 4f. Fax 4g. E-mail
Part 5—Project Location(s)
Identifying information about the property or properties where the project will occur. hel
❑ There are multiple project locations (e.g., linear projects). Complete the section below and use JARPA
Attachment B for each additional project location.
5a. Indicate the type of ownership of the property. (Check all that apply.) [help]
❑ State Owned Aquatic Land (if yes or maybe, contact the Department of Natural Resources (DNR)at(360)902-1100)
❑ Federal
❑ Other publicly owned (state, county, city, special districts like schools, ports, etc.)
❑ Tribal
® Private
5b. Street Address (Cannot be a PO Box. If there is no address, provide other location information in 5p.) [help]
7_3o &7, N . US HIGHWAY lol
5c. City, State, Zip(If the project is not in a city or town, provide the name of the nearest city or town.) [help]
RGOP5PO9:j WA �J`bi5-4-8
5d. County [help]
WI A SO n1
5e. Provide the section, township, and range for the project location. [help]
'/4 Section Section Township Range
NE `l'f 2-3 Z z 14 Z�_
5f. Provide the latitude and longitude of the project location. [help]
• Example: 47.03922 N lat. /-122.89142 W long. (NAD 83)
47. 3560 OU / %J
5g. List the tax parcel number(s) for the project location. [help]
• The local county assessor's office can provide this information.
+7-Z.Z.3S0000 o&
5h. Contact information for all adjoining property owners. (If you need more space, use JARPA Attachment C.) [help]
Name Mailing Address Tax Parcel # (if known)
vJt5'f671Z4_Y P1Zo?[:2T►rs LLC- PO Box 01$2767 -
DE-S Moi n/Lt�, w A Q$1`6`6
SNCi-��n7 PP��TIt3 -PO- -box_4-7Y- .
HOOD5PJ2T' v.1A �r65-q-8 Z23S0oDoo
5i. List all wetlands on or adjacent to the project location. [help]
N/A
5j. List all waterbodies (other than wetlands) on or adjacent to the project location. [help]
HOOD C-AN)Pr1.
5k. Is any part of the project area within a 100-year flood plain? h( eid
Yes ® No ❑ Don't know
51. Briefly describe the vegetation and habitat conditions on the property. [help]
V E&O-I' -T►o rJ C.9,J 5 r 01�- 1AA.4,AJ L-Y Co,M 0 ri G2A 5 5 63 11
L-A ii D 5 c Ap,iJ&- )2LA-) -rs A rJ Ic- f n1 .rM m r U 1 A-iF A4Z cJ1- o F
N r M t�� N ii-s 5 o m F F12 w>"e q 7,26 b�S, /+5 w&2L-
A-5 NAl-)Jt SH(ZV8S wHrCM bVILL /Lc=wAI►J ICJ ► LACE.
If
5m. Describe how the property is currently used. [help]
SIt,JUL- = FAwtILY fZESt�t�i� ,l� L
5n. Describe how the adjacent properties are currently used. [help]
S I rJ(,LC rA1MI L-'r 12-t�-sIL)Cf./;10,1 4 �tC f2�7'}T�Jri�
5o. Describe the structures (above and below ground) on the property, including their purpose(s). [help]
S I n/G t_.6 FA ►^e t c-Y H 0,-,5L � IJ ETA TIC H CC) G/i,2 RGc
ExI5T7nJ6r Co C4el-e 131Li-- Ht--6 b
5p. Provide driving directions from the closest highway to the project location, and attach a map. fhelpi
US HI (,HWA1( 101 f-)rDC>2t-S5 D2iit`wgY A-cc &-SS
DFF- of HwY. 1 ,01 .
Part 6-Project Description
6a. Summarize the overall project. You can provide more detail in 6d. [help]
Cooraour t,)tw C0nJGRC7F aiLV-H(=AD r_cTcn0510h) l9F1—_ D1= &;l1571A/(r
��KHEA Pk0-rrtcr 6�15T 1l✓& (,AKA & Srrcuc-t�-eE F_"-1
6b. Indicate the project category. (check all that apply) [help]
❑ Commercial Residential ❑ Institutional ❑ Transportation ❑ Recreational
❑ Maintenance ❑ Environmental Enhancement
6c. Indicate the major elements of your project. (check all that apply) [help]
❑ Aquaculture ❑ Culvert ❑ Float ❑ Road
❑ Bank Stabilization ❑ Dam /Weir ❑ Geotechnical Survey ❑ Scientific
❑ Boat House ❑ Dike / Levee /Jetty ❑ Land Clearing Measurement Device
❑ Boat Launch ❑ Ditch ❑ Marina / Moorage ❑ Stairs
❑ Boat Lift ❑ Dock / Pier ❑ Mining ❑ Stormwater facility
❑ Bridge ❑ Dredging ❑ Outfall Structure ❑ Swimming Pool
Z Bulkhead ❑ Fence ❑ piling ❑ Utility Line
❑ Buoy ❑ Ferry Terminal ❑ Retaining Wall
❑ Channel Modification ❑ Fishway (upland)
❑ Other:
6d. Describe how you plan to construct each project element checked in 6c. Include specific construction
methods and equipment to be used. [help]
• Identify where each element will occur in relation to the nearest waterbody.
• Indicate which activities are within the 100-year flood plain.
6vLVHCA0 WOULD RiE AbZ-AC.tnh- To H00A C-AAlA L . L yc,1VAI Ior,, �2
WA LL_ fV011i/)&- W OOLr, &E- Do i�)E W 17 H 'ME nN►%N Gi zzv EX cA VA-To(Z
CoNcReTF WovLD E)E FVMpL--p lnrro wOc2C> Foe &%5 Fes►"^ TQ-✓ctc-5 STAGt-D
1nJ EX15T /P/G- DI2iNIEvIA�_
6e. What are the start and end dates for project construction? (month/year) [help]
• If the project will be constructed in phases or stages, use JARPA Attachment D to list the start and end dates of each phase or
stage.
Start date: 1'�Au- 201 O End date: ❑ See JARPA Attachment D
6f. Describe the purpose of the project and why you want or need to perform it. [heipi
HL P�2�o5c OF iML pRoTt—cT- !S TO P2o7-1-:-c-r
j H o(Ll=W►J t &,q Jt` j(Zo^11 1--✓2T)-t L� tYL05►o n� (.� H l L14 15 T-H 2 6,AT-(=A)I V,
PAJ X 15T7 n1(r GASlrE STa-�c7-v 2U-
6g. Fair market value of the project, including materials, labor, machine rentals, etc. [help]
�, I9, 0g0
6h. Will any portion of the project receive federal funding? [help]
• If yes. list each agency providing funds.
❑ Yes 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.)[nLL]
7a. Describe how the project has been designed to avoid and minimize adverse impacts to wetlands. nei
❑ Not applicable
7b. Will the project impact wetlands? h[i]
❑ Yes ❑ No ❑ Don't know
7c. Will the project impact wetland buffers? [Leis]
❑ Yes ❑ No ❑ Don't know
7d. Has a wetland delineation report been prepared? [help]
• 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? [help]
• If yes, submit the wetland rating forms and figures with the JARPA package.
0 Yes ❑ No ❑ Don't know
7f. Have you prepared a mitigation plan to compensate for any adverse impacts to wetlands? [help]
• If yes, submit the plan with the JARPA package and answer 7g.
• 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. help]
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. [help]
Activity (fill, Wetland Wetland Impact Duration Proposed Wetland
drain, excavate, Name' type and area (sq. of impact3 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 t"). The name should be consistent with other project documents,such
as a wetland delineation report.
Z 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 placed into the wetland. [ham]
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. [heip]
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.) [help]
® 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.
[help]
❑ Not applicable
EXCA✓iAl10AI f-=)rL roUfinJvs WILL C3E" POAJE LVI*H A wtrpLv"' 5;7-tu
tjrcAVAT-09. vstNG- A POUV 1" /}cc.E55 TU THE i3EAC1r-1- fw'(
DIST VV,,En Af-E-AS OF 1)E k.H wo✓L-n BE CovErZFp w lrH
F.4f3v-21 c To MtjV1M12.E wA-Ie-et Fk:Lp.^ I,✓6- wC^(Z Z AN17 60t16JZE E
GLACE {HENT LJuvLn OCCO2 r3r L0V✓ 1119E. COi✓C2E-re wOvLr' �3t
j�A C-b P i JItH A 6v-O CR-ETA ("✓MPr WI i)-I Pv0P /GNU 1215714-D111
`nz✓C v-", S]A-&-E> 1, PC.ANb V F `fHC S3E A c H-
8b. Will your project impact a waterbody or the area around a waterbody? [11el]
N Yes ❑ No
8c. Have you prepared a mitigation plan to compensate for the project's adverse impacts to non-wetland
waterbodies? [help]
• If yes, submit the plan with the JAR PA package and answer 8d.
• If No,or Not applicable,explain below why a mitigation plan should not be required.
❑ Yes K No ❑ Not applicable
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.
NIA
8e. Summarize impact(s) to each waterbody in the table below. [help]
Activity (clear, Waterbody Impact Duration Amount of material Area (sq. ft. or
dredge, fill, pile name' location of impact3 to be placed in or linear ft.) of
drive, etc.) removed from waterbody
waterbody directly affected
NLKmE-n-p 5cTtt6toHoop c ►JAIL AAl'HcenlT Z wt"rKS 0 1-/A/e4z rtTT
If no official name for the waterbody exists,create a unique name(such as"Stream 1")The name should be consistent with other documents provided.
2Indicate 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. [help]
WA -L t,)(L-L. 6t PM7cKIiwcv L-ATH 5?Pr -c-S 0137Airjc,�, Faol
nFF 5tTr . Aw wOJtC, f3c /mooat -n-fc oHw .
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. [help]
Mtn/02 AnitaUJ j o A V/)11►) Doa6 wtTr4 6zc,1✓/+T C , PA4Tb' 14-t`
t t�FT 0 >J Ci i VE'
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. [help]
Agency Name Contact Name Phone Most Recent
Date of Contact
W D F t", W1 A 2 41e (3 bo ) 4-27- Z17 `) TvLY Zc)/o
9b. Are any of the wetlands or waterbodies identified in Part 7 or Part 8 on the Washington Department of
Ecology's 303(d) List? [help]
• If yes, list the parameter(s) below.
• If you don't know, use Washington Department of Ecology's Water Quality Assessment tools at:
http://www.ecy.wa-gov/programs/wq/303d/.
❑ Yes g] No
9c. What U.S. Geological Survey Hydrological Unit Code (HUC) is the project in? [help]
• Go to hftp://cfpub.epa.gov/surf/locate/index.cfmto help identify the HUC.
/ 7/(Oofg
9d. What Water Resource Inventory Area Number (WRIA #) is the project in? [he(E]
• Go to httpi//www.ecy.wa.gov/services/gis/maps/wria/wria.htm to find the WRIA#.
/6
9e. Will the in-water construction work comply with the State of Washington water quality standards for
turbidity? [help]
• Go to http://www.ecy.wa.gov/programs/wq/swgs/criteria.htmi for the standards.
Yes ❑ No ❑ Not applicable
9f. If the project is within the jurisdiction of the Shoreline Management Act, what is the local shoreline
environment designation? [help]
• If you don't know, contact the local planning department.
• For more information, go to: http://www.ecy.wa.gov/programs/sea/sma/laws rules/173-26/211 designations.html.
❑ Rural N Urban ❑ Natural ❑ Aquatic ❑ Conservancy ❑ Other
9g. What is the Washington Department of Natural Resources Water Type? [help]
• Go to http://www.dnr.wa.gov/BusinessPermits/Topics/ForestPracticesApplications/Pages/fp watertyping.aspx for the Forest
Practices Water Typing System.
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? [help]
• If no, provide the name of the manual your project is designed to meet.
Yes ❑ No
Name of manual:
9i. If you know what the property was used for in the past, describe below. [help]
S I nl&L- 'FA m I t_%( 9-E St D(F tj-j)A L-
9j. Has a cultural resource (archaeological) survey been performed on the project area? [help]
• If yes, attach it to your JARPA package.
❑ Yes ® No
9k. 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. hei ]
IPOGE—) SoJ,,JD C►-mJooy- SALmorJ
!�J 6-6-1 S 01 t-J i:) S; L-H f--�L�
�{�0 CA-n/AL GH-/VA SA L..Nt0 Si wIMbyz ( -,)(,)
91. Name each species or habitat on the Washington Department of Fish and Wildlife's Priority Habitats and
Species List that might be affected by the proposed work. [help]
ISO I le rJ 0 w rJ
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.ecy.wa.gov/opas/.
• Governor's Office of Regulatory Assistance at (800) 917-0043 or help@ora.wa.gov.
• For a list of agency addresses to send your application, click on the "where to send your completed
JARPA" at http://www.epermitting.wa.gov.
10a. Compliance with the State Environmental Policy Act (SEPA). (check all that apply.) [help]
• For more information about SEPA, go to www.ecy.wa.gov/programs/sea/sepa/e-review.htmi.
❑ A copy of the SEPA determination or letter of exemption is included with this application.
A SEPA determination is pending with MAS,onJ Co,.;&rY(lead agency). The expected decision date is
5V; Zj 10 .
❑ 1 am applying for a Fish Habitat Enhancement Exemption. (check the box below in yob.)[help]
❑ This project is exempt (choose type of exemption below).
❑ Categorical Exemption. Under what section of the SEPA administrative code (WAC) is it exempt?
❑ Other:
❑ SEPA is pre-empted by federal law.
10b. Indicate the permits you are applying for. (check all that apply.) [help]
LOCAL GOVERNMENT
Local Government Shoreline permits:
❑ Substantial Development ❑ Conditional Use ❑ Variance
® Shoreline Exemption Type (explain): pe-'M-12 4 KAAitJ,t►JArJc6
Other city/county permits:
❑ Floodplain Development Permit ❑ Critical Areas Ordinance
STATE GOVERNMENT
Washington Department of Fish and Wildlife:
Z Hydraulic Project Approval (HPA) ❑ Fish Habitat Enhancement Exemption
Washington Department of Ecology:
❑ Section 401 Water Quality Certification
Washington Department of Natural Resources:
❑ Aquatic Resources Use Authorization
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)
Part 11—Authorizing Signatures
Signatures are required before submitting the JARPA package. The DARPA package includes the JARPA form,
project plans, photos, etc. [help]
11 a. Applicant Signature (required)
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 activities, and I agree to start work
only after I have received all necessary permits.
I hereby authorize the agent named in Part 3 of this application to act on my behalf in matters related to this
application. /-�_6 f (initial)
l6t
By initialing here, I state that I have the authority to grant access to the property. I also give my consent to the
permitting agencies entering the property where the project is located to inspect the project site or any work
related to the project. ��'. (initial)
h n c v All, .,
Applicant Printed Name Applicant Si nature Date
11 b. Authorized Agent Signature [help]
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 activities and I agree to start work
only after all necessary permits have been issued.
►�— C . MC;W, -�5�3� o C�►��,c.�. 7 g zoo Z)
Authorized Agent Printed Name Authorized Agent Signature Date
11c. Property Owner Signature (if not applicant). [ ;_]
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 site
or any work. These inspections shall occur at reasonable times and, if practical, with prior notice to the
landowner.
Property Owner Printed Name Property Owner Signature Date
18 U.S.0§1001 provides that:Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly
falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious, or fraudulent statements or
representations or makes or uses any false writing or document knowing same to contain any false, fictitious, or fraudulent statement or
entry, shall be fined not more than$10,000 or imprisoned not more than 5 years or both.
If you require this document in another format, contact The Governor's Office of Regulatory Assistance(ORA). People with hearing loss
can call 711 for Washington Relay Service. People with a speech disability can call (877)833-6341.
ORA publication number: ENV-019-09
Washington
Department of
FISH and
WILDLYE
Additional Information Cover Sheet
You must include this page when you submit additional information for your
Hydraulic Project Approval (HPA) application
HPA Log Number: I ok I
Applicant Name:
Applicant Address: DALE & ROSE NYE
1201 SE COLE RD
SHELTON WA 98584
Return your additional application information with this page as soon as possible to:
Washington Department of Fish and Wildlife
Habitat Program
600 Capitol Way North
Olympia, WA 98501-1091
FAX: (360) 902-2946
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P.ON cook MASON COUNTY
� aA Shelton (360) 427-9670
DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467
Planning
Mason County Bldg. 1 411 N.5th Elma (360) 482-5269
P.O.Box 279 Shelton,WA 98584
1854
October 21, 2010
ATTN: Randy Lumper
Skokomish Indian Tribe
Natural Resources Department
N 541 Tribal Center Road
Skokomish Nation, WA 98584
RE: SEPA Determination for Nye's Bulkhead
Dear Mr. Lumper:
Thank you for your comment letter dated October 1st, 2010. Mason County appreciates the Skokomish
Indian Tribe's concerns for the health of the Hood Canal and its shorelines. However, the Planning
Department is not aware of recent studies,technical reports, and/or case law supporting a finding that a
concrete bulkhead is likely to cause significant environmental impacts.
Also, in the case of the Nye's bulkhead,there is an existing concrete bulkhead and a single-family
residence on the site. The Nye's propose to construct an additional 40 feet of concrete bulkhead in the
same footprint as a failed rock, log, and concrete one. Mason County Staff and a biologist from the
Washington Department of Fish and Wildlife confirmed in a site inspection that there is significant wave
erosion where the bulkhead is proposed.
The Fish and Wildlife Habitat Conservation Areas chapter of the Mason County Resource Ordinance
states, "For bank stabilization projects within FWHCAs, emphasis shall be placed on bioengineering
solutions (techniques used alone or in combination such as beach nourishment, coarse beach fill, gravel
berms, or vegetation rather than hard surfaces such as concrete armoring)unless proved by the applicant
to be infeasible." Staff has determined that a letter prepared by a bulkhead installation professional was
sufficient in this case where wave erosion was verified to be occurring in close proximity to a residence
located on a very small parcel.
Therefore, Mason County is retaining our Mitigated Determination of Non-Significance for Dale and
Rose Nye's bulkhead proposal. The Planning Department makes every effort to carefully scrutinize
shoreline modification proposals in order to evaluate their potential environmental impacts while working
within the State and local regulations that currently exist. We value the Tribe's efforts to reduce the
deleterious impacts associated with residential development along Hood Canal shorelines.
Sincerely,,
Rebecca Hersha, Planner
Mason County DCD
�.0v co�� MASON COUNTY
Shelton (360) 427-9670
DEPARTMENT OF COMMUNITY DEVELOPMENT
Belfair (360) 275-4467
Planning
_ Mason County Bldg.1 411 N.5th Elma (360) 482-5269
P.O.Box 279 Shelton,WA 98584
185f
October 6, 2010
Dale and Rose Nye Jesfield Construction
1201 SE Cole Rd. PO Box 1590
Shelton,WA 98584 Allyn, WA 98524
RE: SEPA Review for Bulkhead Extension (SEP2010-00063)
Dear Nye Family:
The Skokomish Tribe has provided comments (enclosed) in response to County Staff s preliminary
decision of Mitigated Determination of Non-Significance (MDNS) for your bulkhead proposal. We are
considering these comments and will either retain the MDNS and approve your proposal, modify the
MDNS, or issue a Determination of Significance (DS). We may be requesting more information or studies
from you in order to make this determination.
If the County determines that this project poses a significant environmental impact, you or your agent
shall prepare an Environmental Impact Statement. Please refer to the guidance document enclosed.
Sincerel ,
Rebecca Hersha, Planner
Mason County DCD
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Skokomish Indian Tribe �d
Natural Resources Department (360) 877-5213
N. 541 Tribal Center Road Fax (360) 877-5148 Skokomish Nation, WA 98584
October 1", 2010
Environmental Review Application No.: SEP2010-00063
Project Name: Nye Bulkhead Extension
Description of Proposal: Extend existing concrete bulkhead on Hood Canal with 40 feet
of new concrete Bulkhead, 8 feet or less above beach grade.
Location: 23022 N US Highway 101
Hoodsport WA, 98584
Proponent: Rose/Dale Nye
Dear Rebecca,
It has been detennined that the above project will have negative environmental
impacts to the Skokomish Tribe and/or their resources. As such the Skokomish Tribe
disagrees with your mitigated determination of non-significance. In recent years,
scientists and resource managers have expressed concerns about the impact of traditional
erosion control measures such as bulkheads on nearshore environments (Canning and
Shipman, 1995). Annoring deprives beaches of their natural sources of sediment and can
degrade the ecological functions of the shoreline. Which include but are not limited to
impacts to salmonids(i.e. loss of shading, places to hide from predators), as well as
impacts to shellfish, hearing,and surf smelt from beach scouring and erosion. The
cumulative impacts of numerous concrete bulkheads along a reach of shoreline may be
long terni (i.e. irreversible loss of habitat and increased erosion on the property of others).
One result of this is that resource agencies are carefully scrutinizing erosion control
proposals in order to evaluate their potential environmental impacts; however Mason
County currently does no do this at a level that is satisfactory to protect and sustain
environmental processes.
Property owners need to be aware there are other structural alternatives that can
address erosion that might be more economical, aesthetically pleasing and
environmentally sound. Hybrid structures are another alternative that works in most
cases. Hybrid structures combine vegetative plantings and hard structural control. More
specifically, a rock bulkhead would be constructed at or above ordinary high water mark
and would be partially buried and further protected by the addition of anchored beach
logs, sand, gravel and cobbles placed as beach nourishment. The benefits of a hybrid
system are that they partially mimic natural coastal processes while providing a high
level of erosion control due to the rock structure. The Skokomish Tribe requests that
Mason County require the proponent to use a hybrid alternative to hard armoring such as
SEP2010-00063 Skokomish comments 1
Created by Randy Lumper Environmental Planner for the Skokomish Tribe
concrete. In addition the Skokomish tribe request that the proponents,have a
geotechnical report done to ascertain whether or not this wall is necessary or will be
functional. We also request that the Skokomish Tribe be made aware of any decision that
you make regarding this pen-nit(SEP2010-00063) and any other pen-nit which may affect
the tribe.
The Skokomish Tribes Tribal Historic Preservation Officer may be providing
comment as to the potential cultural impacts of this SEPA and you should not move
forward with the above project until you receive those comments. Thank you for
including the Skokomish Tribe in the planning process, if you have any questions about
the comments provided herein please contact Randy N. Lumper(Environmental Planner)
at 1-360-877-5213 ext#508 or email them to rlumper@skokomisli.org.
Sincerely,
Joseph Pavel
Director
Skokomish Natural Resources Department
SEP2010-00063 Skokomish comments 2
Created by Randy Lumper Environmental Planner for the Skokomish Tribe
SEPA CHECKLIST
$385- Single Family (Mason County Permit Center Use)
$630- Non-Single Family 0 to 9.99 Acres SEP�1O QX0
$755-10 to 20 Acres
$945- Over 20 Acres Date Rcvd: A-4-10
$2,525 + 70/hr- EIS (DS) C
Purpose of Checklist:
The State Environmental Policy Act(SEPA), chapter 43.21 C RCW, requires all governmental agencies to consider the
environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be
prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of
this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or
avoid impacts from the proposal)and to help the agency decide whether an EIS is required.
Instructions for Applicants:
Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are
significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or
give the best description you can.
You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be
able to answer the questions from your own observations or project plans without the need to hire experts. If you really
do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply".
Complete answers to the questions now may avoid unnecessary delays later.
Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer
these questions if you can. If you have problems,the governmental agencies can assist you.
The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on
different parcels of land. Attach any additional information that will help describe your proposal or its environmental
effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional
information reasonably related to determining if there may be significant adverse impact.
There is a fee required, for the processing of the checklist, see above for the appropriate fee. Please make your check
payable to"Mason County Treasurer".
A. BACKGROUND
1. Name of proposed project: �w� _ JL,K H Cy'zt D 6-Y T C AJ S/✓J�,�
2. Name of applicant: DAL,, t V-OSE /AYE
Property owner: V NIZ 4 P-05 N%IL
3. Applicant mailing address: S C O Lt 112-0 USA 9$S`bl-
Applicant phone numbers: 3 6o- 4-U- 6 S7 Lf
4. Date checklist prepared: 7 h-9-/". o
5. Agency requesting checklist: M Ak-$010 Coo 0,1T`r
Mason County SEPA Checklist 1
6. Proposed timing or schedule(including phasing, if applicable):
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.
Z-A ZJPA
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.
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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 agencies may modify this form to include additional
specific information on project description.)
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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.
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Mason County SEPA Checklist 2
B. ENVIRONMENTAL ELEMENTS
1. EARTH:
a. General description of the site(circle one): Flat, rolling,hilly,steep slopes, mountainous, other(explain).
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b. What is the steepest slope on the site(approximate percent slope)?
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c. What general types of soils are found on the site(for example, clay,sand, gravel,peat, muck)? If you know
the classification of agricultural soils,specify them and note any prime farmland.
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d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe.
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e. Describe the purpose,type,and approximate quantifies of any filling or grading proposed. Indicate source of
fill.
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f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe.
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g. About what percent of the site will be covered with impervious surfaces after project constructions(for
example, asphalt or buildings)?
h. Proposed measures to reduce or control erosion, or other impacts to the earth,if any:
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2. AIR:
a. What types of emissions to the air would result from the proposal(i.e. dust, automobile, odors, industrial wood
smoke)during construction and when the project is completed? If any,generally describe and give
approximate quantities, if known.
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b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe.
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Mason County SEPA Checklist 3
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c. Proposed measures to reduce or control emissions or other impacts to air, if any:
No 0 t.
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.
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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.
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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.
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4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and
approximate quantities if known.
N10
5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan.
NJ
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.
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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.
I\O
Mason County SEPA Checklist 4
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.
Node
c. Water runoff(including storm water):
t) 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?
NoA)C
2) Could waste materials enter ground or surface waters: If so,generally describe.
NIo
d. Proposed measures to reduce or control surface, ground,and runoff water impacts,if any:
A10 Al E
4. PLANTS:
a. Check or circle types of vegetation found on the site:
deciduous tree: alder, maple, aspen, other
evergreen tree: fir, cedar, pine, other
_ shrubs
grass
pasture
crop or grain
wet soil plants: cattail, buttercup, bullrush, 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?
No 1JC
Mason County SEPA Checklist 5
c. List threatened or endangered species known to be on or near the site.
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d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site,
if any:
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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: (:!a�W Ce n agle ongb s other
Mammals: de , bear, elk, beaver, other
Fish: bass, salmo tro herring, shellfish, other
b. List any threatened or endangered species known to be on or near the site.
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c. Is the site part of a migration route? If so, explain.
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d. Proposed measures to preserve or enhance wildlife, if any:
NONE
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.
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b. Would your project affect the potential use of solar energy by adjacent properties: If so, generally describe.
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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:
NODE
Mason County SEPA Checklist 6
7. ENVIRONMENTAL HEALTH:
a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion,
spill, or hazardous waste that could occur as a result of this proposal? If so, describe.
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1) Describe special emergency services that might be required.
2) Proposed measures to reduce or control environmental health hazards, if any:
A;0dE7
b. Noise.
1) What types of noise exist in the area that may affect your project(for example: traffic, equipment,
operation, other)?
No IJ t
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 hour's noise would
come from the site.
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3) Proposed measures to reduce or control noise impacts, if any:
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8. LAND AND SHORELINE USE:
a. What is the current use of the site and adjacent properties?
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b. Has th-- ,1
e site been used for agriculture? If so, describe.
No
c. Describe any structures on the site.
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d. Will any structures be demolished? If so,what? 0
Mason County SEPA Checklist 7
e. What is the current zoning classification of the site? IL
f. What is the current comprehensive plan designation of the site? . lk
g. If applicable,what is the current Shoreline Master Program designation of the site? UR-1-5A AJ i rt—
h. Has any part of the site been classified as an "environmentally sensitive"area? If so,specify.
i. Approximately how many people would reside or work in the completed project? No 04A 106-6-
j. Approximately how many people would the completed project displace?
k. Proposed measures to avoid or reduce displacement impacts,if any:
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I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans:
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9. HOUSING:
a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income
housing.
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b. Approximately how many units,if any,would be eliminated? Indicate whether high, middle,or low-income
housing.
No�E
c. Proposed measures to reduce or control housing impacts,if any:
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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?
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b. What views in the immediate vicinity would be altered or obstructed?
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c. Proposed measures to reduce or control aesthetic impacts,if any:
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Mason County SEPA Checklist 8
11. LIGHT AND GLARE
a. What type of light or glare will the proposal produce? What time of day would it mainly occur?
NoNe
b. Could light or glare from the finished project be a safety hazard or interfere with views?
c. What existing off-site sources of light or glare may affect your proposal:
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d. Proposed measures to reduce or control light and glare impacts, if any:
I")onIE
12. RECREATION:
a. What designated and informal recreational opportunities are in the immediate vicinity?
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 recreation opportunities to be
provided by the project or applicant,if any:
N0r4(
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.
n)o
b. Generally describe any landmarks or evidence of historic, archaeological,scientific, or cultural importance
known to be on or next to the site.
No\J E-
c. Proposed measures to reduce or control impacts,if any:
Natjc
Mason County SEPA Checklist 9
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.
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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.
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c. How many parking spaces would the completed project have? How many would the project eliminate?
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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
e. Will the project use(or occur in the vicinity of)water,rail,or air transportation? If so, generally describe.
rJC)
f. How many vehicular trips per day would be generated by the completed project? If known, indicate when
peak
qq volumes would occur.
g. Proposed measures to reduce or control transportation impacts,if any:
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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:
N l7
b. Proposed measures to reduce or control direct impacts on public services,if any:
NO►JC
16. UTILITIES:
a. Circle utilities currently available at the site:<ectria natural gas, er a se se elephone,
sanitary sewer, ptic syste 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 that might be needed.
NotjL
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 decisio . �a�i�c: -
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Applicant Signature: Date:
Mason County SEPA Checklist 10
ESA LISTED SALMONIDS CHECKLIST
This worksheet was designed to help project proponents, and government agencies, identify when a project needs
further analysis regarding adverse effects on ESA(Endangered Species Act) listed salmonids. Salmonids are salmon,
trout and chars, e.g. bull trout. For our purposes, "ESA Listed Salmonids" is defined as fish species listed as
endangered,threatened or being considered for listing.
If ESA listed species are present or ever were present in the watershed where your project will be located,your project
has the potential for affecting them, and you need to comply with the ESA. The questions in this section will help
determine if the ESA listings will impact your project.
The Fish Program Manager at the appropriate Department of Fish and Wildlife (DFW) regional office can
provide information for the following two questions.
1. Are ESA listed salmonids currently present in the watershed in which your project will be located?
YES X NO_ Please describe. PJ CA'� So✓ J D C.N 1^J o,->IL
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2. Has there ever been an ESA listed salmonid stock present in this watershed?
YES 4_ NO Uncertain Please describe.
If you answered "yes" to either of the above questions, you should complete the
remainder of this checklist.
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PROJECT SPECIFICES: The questions in this section are specific to the project and vicinity.
1. Name of watershed: I1/"I 501 r✓L-*)
2. Name of nearest waterbody: noo P CA W a L_
3. What is the distance from this project to the nearest body of water: A 02-/rCE N T Often a buffer
between the project and a stream can reduce the chance of a negative impact to fish.
4. What is the current land use between the project and the potentially affected water body (parking lots, farmland,
etc.)?
5. Is the project above a:
* natural permanent barrier(waterfall) YES_ NO X
* natural temporary barrier(beaver pond) YES_ NO
* man-made barrier(culvert, dam) YES_ NO
• other(explain):
6. If yes, are there any resident salmonid populations above the blockage?
YES NO Don't know
7. What percent of the project will be impervious surface (including pavement&roof area)?
Mason County SEPA Checklist I I
FISH MIGRATION: The following questions will help determine if this project could interfere with migration of adult
and juvenile fish. Both increases and decreases in water flows can affect fish migration.
1. Does the project require the withdrawal of:
a. Surface water? YES_ NO
Amount
Name of surface water body
b. Ground water? YES_ NO
Amount
From where
Depth of well
2. Will any water be rerouted: YES_ NO
If yes,will this require a channel change?
3. Will there be retention or detention ponds? YES_ NO X
If yes, will this be an infiltration pond or a surface discharge to either a municipal storm water system or a surface
water body? If to a surface waterbody, please give the name of the waterbody.
YES_ NO_
4. Will this project require the building of new roads? YES— NO x
Increased road mileage may affect the timing of water reaching a stream and may impact fish habitat.
5. Are culverts proposed as part of this project? YES_ NO X
6. Will topography changes affect the duration/direction of runoff flows? YES_ NO
If yes, describe the changes.
7. Will the project involve any reduction of the floodway or floodplain by filling or other partial blockage of flows?
YES_ NO
If yes, how will the loss of flood storage be mitigated by your project?
WATER QUALITY: The following questions will help determine if this project could adversely impact water quality.
Such impacts can cause problems for listed species.
Water quality can be made worse by runoff from impervious surfaces, altering water temperature, discharging
contaminants, etc.
1. Do you know of any problems with water quality, in any of the streams,within this watershed?
YES— NO _X If yes, describe.
Mason County SEPA Checklist 12
2. Will your project either reduce or increase shade along or over a waterbody?
YES_ NO)C If yes, describe.
Removal of shading vegetation or the building of structures such as docks or floats often results in a change in
shade.
3. Will the project increase nutrient loading or have the potential to increase nutrient loading or contaminants
(fertilizers,other waste discharges,or runoff)to the waterbody? If yes,describe.
YES _ NO X
4. Will turbidity be increased because of construction of the project or during operation of the project?
YES L NO
In-water or near water work will often increase turbidity.
5. Will your project require long-term maintenance, i.e. bridge cleaning, highway salting, and chemical sprays for
vegetation management,clearing of parking lots?
YES_ NO v\ If yes,please describe.
VEGETATION: The following questions are designed to determine if the project will affect riparian vegetation,
thereby,adversely impacting salmon.
1. Will the project involve the removal of any vegetation from the stream banks:
YES _ NO
If yes,please describe the existing conditions, and the amount and type of vegetation to be removed.
2. If any vegetation is removed, do you plan to re-plant?
YES _ NO_ If yes,what types of plants will you use?
The above answers are true and complete to the best of my knowledge. I understand that the lead agency is
relying on them to malp its deci ion.
Applicant Signature: TL-c7A 64) eJ-15i • Date: L Z 0/O
Mason County SEPA Checklist 13