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HomeMy WebLinkAboutSHX2010-00026 SEP2010-00028 - SHX Permit / Conditions - 5/14/2010 P�ON_srgTFo MASON COUNTY C � DEPARTMENT OF COMMUNITY DEVELOPMENT n O = TO BE KEPT THE Planning Division y�o o Y oy PARCEL I L E P O Box (360)427279, t9670 A 98584 J � 1864 Exemption from Shoreline Management Act Case No.: SHX2010-00026 Substantial Development Permit Requirement The Proposal By: JAPHET BULKHEAD'I GS INC 1407 SUMMIT LAKE'SHORE RD OLYMPIA, WA 9850 To undertake the following development: Remove existing failig concrete bulk ead and replace with new concrete bulkhead in same location. 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 B-normal maintenance Please contact Grace Miller at ext 360 if you have any questions. Issued: 5/14/2010 Expires: 5/14/2012 Authorized Local Government Official cc: APPLICANT WDFW- USACOE WDOE TRIBAL COUNCIL skftStiT` oN-STArF MASON COUNTY Mc �� DEPARTMENT OF COMMUNITY DEVELOPMENT s° �=N Planning Division °Y Y P O Box 279, Shelton, WA 98584 (360)427-9670 1864 MITIGATED DETERMINATION OF NONSIGNIFICANCE (WAC 197-11-350) SEP2010-00028 Description of Proposal: Remove existing failing concrete bulkhead and replace with new concrete bulkhead in same location. Proponent: JA HET BULKHEADING Site Address (If Assigned): 280 N POTLATCH RD SHELTON Directions to Site: US HIGHWAY 101 NORTH, R ON POTLATCH RD TO SITE ADDRESS ON THE RIGHT SIDE Parcel Number: 422 35000066 Legal Description: POTLATCH BEACH TRACTS TR 66 & TL 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 Grace Miller at ext. 60 with any questions. This DNS is issued under WAC 197-11-340(2). The Lead Agency wli I not act on this proposal for 14 days from the date shown below, when the determination is final. Comments must be submitted to Dept. of Community Development, P.O. Box 279, Shelton WA 98584 by 5/28/2010. Appeal of this determination must be filed within a 14-day period' ollowing this final determination date, per Mason County Code Chapter 15.11 Appeals. 5 /L>�/� Authoribed Local Government Official Date MITIGATED DETERMINATION OF NONSIGNIFICANCE (WAC 197-11-350) SEP2010-00028 CONDITIONS OF THIS DETERMINATION 1) Water quality is not to be degraded to the detriment of the aquatic environment as a result of this project. 2) Debris or deleterious material)resulting from construction shall be removed from the beach area and project site and shall not be allowed to enter waters of the State. 3) Residential developers and individuals shall be required to control erosion during construction. Removal of veg tation should be minimized and any areas disturbed should be restored to prevent erosion and other environmental impacts. 4) A Hydraulic Project Approval from the Washington Department of Fish and Wildlife shall be obtained prior to work on the banks of or within the waters of the State. APR 2 3 2010 A?r, W. CEDAP cT MASON CO. ENVIROMENTAL CHECKLIST A. BACKGROUND 1. Name of proposed projeo�ulllkhead , if applicable: Dave & Sheryl Burgstahler replacement 2. Name of applicant: Jim Japhet, Japhet Bulkheiading Inc 3. Address and phone number of applicant and contact person: 1407 Summit Lake Shore Rd NW Olympia, WA 98502 360-866-0377 (0) 360-49 -1369 (C) 4. Date checklist prepared: 4-25-10 5. Agency requesting checklist Mason County 6. Proposed timing or schedule (including phasing, if applicable): Summer 2010 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 his proposal. None 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. 10. List any government ap rovals or permits that will be needed for your proposal, if known. HPA , Building permit, Shoreline exemption Mason County Environmental Checklist Page 2 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.) Family residence with a failing concrete bulkhead Propose to replace failing concrete bulkhead with a new concrete bulkhead in same location 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. 280N Potlatch Rd, Shelton WA . Sec, 22 Twp 22 Rg 4W B. ENVIRONMENTAL ELEMENTS: 1. EARTH: a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other Flat b. What is the steepest slope on the site (approximate percent slope)? 10% 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. sand, gravel d. Are there surface indications or history of unstable soils in the immediate vicinity: If so, describe. NO Mason County Environmental Checklist Page 3 e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. No additional fill f. Could erosion occur as a result of clearing, construction, or use: If so, generally describe. No g. About what percent of the site will be covered with impervious surfaces after project constructions (for example, asphalt or buildings)? No additional h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any Replace failing bulkhead 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. None b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. No Mason County Environmental Checklist Page 4 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. Yes Hood Canal 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 Plans 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. No additional 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No Mason County Environmental Checklist Page 5 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. No 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. No 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. No 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. None 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. The runoff will not change 2) Could waste materials enter ground or surface waters: If so, generally describe. No Mason County Environmental Checklist Page 6 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 shrubs _X_grass pasture crop or grain wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water liil , eelgrass, milfoil, other other types of vegete ion 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. None d. Proposed landscaping, u e of native plants, or other measures to preserve or enhance vegetation on the ite, if any: There is lawn behind the (bulkhead a the present time , will be returned to lawn after compleation Mason County Environmental Checklist Page 7 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: b. Birds: hawk, heron, eagle, songbirds, other Ducks and Gulls_. Mammals: deer, bear, elk, beaver, other Pets and other small mammals Fish: bass, salmon, trout, herring, shellfish, other b. List any threatened or endangered species known to be on or near the site. Chum Salmon c. Is the site part of a migration route? If so, explain. Don't think so 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. None b. Would your project affect the potential use of solar energy by adjacent properties: If so, generally describe. No 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 d. Mason County Environmental Checklist Page 8 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. None 1) Describe special emergency services that might be required. None 2) Proposed measures to reduce or control environmental health hazards, if any: b. Noise. None 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? None 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. Construction noise only 7:OOAM-6:OOPM 3) Proposed measures to reduce or control noise impacts, if any: None 8. LAND AND SHORELINE USE: a. What is the current use of the site and adjacent properties? Family residence Mason County Environmental Checklist Page 9 b. Has the site been used for agriculture? If so, describe. No c. Describe any structures on the site. House and failing Bulkhead d. Will any structures be demolished? If so, what? Failing Bulkhead e. What is the current zoning classification of the site? Rural f. What is the current comprehensive plan designation of the site? Don't Know g. If applicable, what is the current Shoreline Master Program designation of the site? Rural h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Possibly the shoreline i. Approximately how many people would reside or work in the completed project? Just the family that owns it j. Approximately how many people would the completed project displace? None k. Proposed measures to avoid or reduce displacement impacts, if any: None Mason County Environmental Checklist Page 10 I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The project is compatible 9. HOUSING: a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. None b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. None c. Proposed measures to reduce or control housing impacts, if any: None 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? 4'-6" on beach side Ground level on upland side b. What views in the immediate vicinity would be altered or obstructed? None c. Proposed measures to reduce or control aesthetic impacts, if any.- None Mason County Environmental Checklist Page 11 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? No c. What existing off-site sources of light or glare may affect your proposal: None d. Proposed measures to reduce or control light and glare impacts, if any: None 12. RECREATION: a. What designated and informal recreational opportunities are in the immediate vicinity? All types of water sports b. Would the proposed project displace any existing recreational uses? If so, describe. None c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None Mason County Environmental Checklist Page 12 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. None 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: None 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. State Hwy 101 and Potlatch Rd. 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. No c. How many parking spaces would the completed project have? How many would the project eliminate? None 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 Page 13 e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. None f. How many vehicular trips per day would be generated by the completed project: If known, indicate when peak volumes would occur. None g. Proposed measures to reduce or control transportation impacts, if any: None 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: None Mason County Environmental Checklist Page 14 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. None Signature: The above answers are true and complete to the best of my knowledge. I understan that th lead ag ' cy s relying on them to make its decision. Signature: Dates mitt - � Mason County Environmental Checklist Page 15 ESA LISTED SALMONIDS CHECKLIST Applicant Information Project Information Name_Japhet Bulkheading Inc Name Burgstahler Bulkhead Replacement Phone 360-866-0377 Location_280 NPotlatch Rd Shelton WA Description: Replace 100' +/- of failing Concrete bulkhead with new concrete bulkhead in same location 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 bare 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 water shed 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.Chinook&chum 2. Has there ever been an ESA listed salmonid stock present in this watershed? YES X NO Uncertain Please describe. If you answered "yes" to either of the above questions,you should complete the remainder of this checklist. April 2003 Mason County Environmental Checklist Page 16 PROJECT SPECIFICES: The questions in this section are specific to the project and vicinity. 1. Name of watershed: _Hood Canal 2. Name of nearest waterbody: Hood Canal 3. What is the distance from this project to the nearest body of water: Waters edge at high tide 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.)? Residence 5. Is the project above a: * natural permanent barrier(waterfall) YES NO_X * natural temporary barrier(beaver pond) YES NO_X * man-made barrier(culvert, dam) YES NO X_ * other(explain): 6. If yes, are there any resident salmonid populations above the blockage? YES NO X Don't know 7. What percent of the project will be impervious surface (including pavement&roof area)? None Mason County Environmental Checklist Page 17 FISH MIGRATION: The fo owing questions will help determine if this project could interfere with migration of adult and juveii i le fish. Both increases and decreases in water 11ows can affect fish migration. 1. Does the project require the withdrawal of: a. Surface water?YES ISIO X Amount Name of surface water body b. Ground water? YES KO Amount From where Depth of well 2. Will any water be rerouted: ES NO_ X If yes, will this require a cham el change? 3. Will there be retention or de ention 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 watcr body? If to a surface water discharge lease give the name of the waterbody. 4. Will this project require the building of new roads? YES NO_X Increased road mileage may affect the ti r ing of water reaching a stream and may impact fish habitat. 5. Are culverts proposed asp of this project? YES NO_X_ 6. Will topography changes a ct the duration/direction of runoff flows? YES NO_X If ye , describe the changes. 7. Will the project involve an eduction of the floodway or floodplain by filling or other partial blockage of flows?YE NO_X�If yes, how will the loss of flood storage be mitigated by your project? r Mason County Environmental Chec ist Page 18 WATER QUALITY: The fo owing questions will help determine if this project could Adversely impact wat r quality. Such impacts can cause problems for listed species. 71 Water quality can be made worse by runoff from impervious surfaces,altering water temperature,discharging contaminants,etc. 1. Do you know of any problehis with water quality, in any of the streams, within this watershed? YES NO X If yes, describe. 2. Will your project either redi e or increase shade along or over a waterbody? YES NO Removal of shading vegetation or the bu i ding of structures such as docks or floats often results in a change in shade. 3. Will the project increase nu 'ent loading or have the potential to increase nutrient loading or contaminants (fertilizers, other waste discharges, or runoff)to the waterbody? YES NO,X 4. Will turbidity be increased cause of construction of the project or during operation of the project? YES NO_X� In-water or near water work will often ir crease turbidity. 5. Will your project require loi term maintenance, i.e. bridge cleaning,highway salting, and chemical sprays for vegetation management, clearing of parking lots? YES NO X If yes, please describe. Mason County Environmental Checklist Page 19 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? Page 1 of 1 Rebecca Hersha - RE: [Possible Spam (BayFilter)] - Fwd: Japhet bulkhead replacement From: Rebecca Hersha To: Daphet@comcast.net Date: 6/24/2010 8:25 AM Subject: RE: [Possible Spam (BayFilter)] - Fwd: Japhet bulkhead replacement Attachments: SEP2010-00027 Skokomish comments (as amended).pdf; SEP2010-00028 Skokomish comments (as amend ).pdf Good Morning Mr. Japhet, Please read the attachments that are the Skokomish Tribe's comments to the Burgstahler and the Fertitta bulkhead replacement. Mason County may require some redesigning of the bulkeads or may change the SEPA determination types to "significant." Currently, we are still considering the tribe's comments. Sincerely, Rebecca Hersha, Planner 2 Mason County DCD 360-427-9670 ext. 287 >>> On 6/24/2010 at 7:55 AM, in message <4698968AEC73 BD439A91622BD2F44A77F4A7E4@ raven.Skokomis h.loca I>, "Randy Lumper" <rlumper@Skokomish.org> wrote: file:HC:\Documents and Setfings\Rebe caH\Local Settings\Temp\XPgrpwise\4C231661M... 6/24/2010 a-•� -'. v. }i ....w r�r..i Y �•px i%r t i���e-r f "•' a.. � lr-y ♦♦• 7 r-1 ZY +i�Y f +��� w t i�Yi �rr.�w+t_+Y h t-.J.+-f fE4 i, r}s�yj x i o a-.•f-# ;1-i.� ♦t�r. Y+-:w.l• { r-+. -Yt a a - . �v► offSkokoinish Indian Tribe Natural ResDurces Department (360) 877-5213 N.541 Tribal Center Road Fax (360)877-5148 Skokomish Nation,WA 98584 May 1,2010 Environmental Review Application No.: SEP2010-00028 Project Name: Dave and Shery Burgstahler Bulkhead replacement Description of Proposal: Rein ve existing failing concrete bulkhead and replace:with new concrete bulkhead in same location. Location: 280 N Potlatch RD Shelton WA, 9,3584 Proponent: Japhet Bulkheadit Dear Grace, It has been determined hat the above project will have negative enviromnental impacts to the Skokonush Trib and/or their resources. As such the Skokoinish Tribe disagrees with your mitigated C etermination of non-significance. In recent years, scientists and resource manag s have expressed concerns about the impact of traditional erosion control measures such as bulkheads on nearshore environments (Canning and Shipman, 1995). Armoring d prives beaches of their natural sources of sediment and can degrade the ecological functio s 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;an(Lerosion. The cumulative impacts of numerous bulkheads along a reach of shoreline may be long term (i.e. irreversible loss of habita and increased erosion on the property of others). One result of this is that resource a u envies are carefully scrutinizing erosion control proposals in order to evaluate their poteinial 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 b be aware there are other structural alternatives that can address erosion that might be ore economical,aesthetically pleasing;and environmentally sound. HybrA structures are another alternative that works in most cases. Hybrid structures com ne vegetative plantings and hard structural control. More specifically, a rock bulkhead uld be constructed at or above ordinary high water mark- and would be partially buried ind further protected by the SEP2010-00028 Skokomish cc mments t Created by Randy Lumper En ironmental Planner for the Skokomish"Tribe 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 Skokornish Tribe requests that Mason Co.my require the proponent to use a hybrid alternative to hard armoring such as concre We also request that the Skokomish Tribe be made aware of any decision that yo A make regarding this permit (SEP2010-00028)and any other permit which may affec[the tribe. The Skokornish Tribe;Tribal Historic Preservation Officer may be providing comment as to the potential c Itural impacts of this SEPA and you should not move forward with the above projecA until you receive those comments. Thank you for including the Skokornish Trib-1 in the planning process, if you have any questions about the comments provided herd ii please contact Randy N. Lumper(Environmental Planner) at 1-360-877-5213 ext#508 or email them to rlurnper civskokomisli.org, Sincerely, Joseph Pavel Director Skokomish Natural Resourc(, Department SEP2010-00028 Skokornish omments 2 Created by Randy Lurnper E Avironmental Planner for the Skokoinish Tribe I I i s.�,.,, �..�v-. 4-` i.l r•.�s i r a� �r�F r.h � .w..r-.,•-'t�'•- ♦••i+v I- �w� i- .e '� +1 ,+t'"i itt r r-.. i-'. t y}• 1 t i F l tJjH♦ '•�.. y 4.4 F #i '"F -•a`-.r� ++.. �tah . . Skoko isle Indian Tribe Natural Re ources Department (360) 877-5213 N. 541 Tribal Center Roac1 Fax(360) 877-5148 Skokomish Nation, WA 98584 May 24"',2010 Environmental Review Appli tion No.: SEP2010-00028 Project Name: Dave and Sher I Burlstahler Bulkhead replacement Description of Proposal: Remove existing failing concrete bulkhead and replace with new concrete bulkhead in sal: location. Location: 280 N Potlatch D Shelton WA, %584 Proponent: Dear Grace, It has been determines that the above project will have negative environmental impacts to the Skokomish Tri and/or their resources. As such the Skokomish Tribe disagrees with your mitigates) eten-nination of non-significance. In recent years, scientists and resource manag s have expressed concerns about the impact of traditional erosion control measures sucl s bulkheads on nearshore environments(Canning and Shipman, 1995), Armoring d rives beaches of their natural sources of sedin-lent and can degrade the ecological finictichs of the shoreline. Which include but are not limited to impacts to salmonids(i.e. los ">fshading,places to hide from predators), as well as impacts to shellfish, hearing, . 1d serf smelt from beach scouring;and erosion. The cumulative impacts of numer( us bulkheads along a reach of shoreline may be long term (i.e. irreversible loss of habita and increased erosion on the property of others). One result of this is that resource encies are carefully scrutinizing erosion control proposals in order to evaluate their pote ial environmental impacts;however Mason County currently does no do this at a evel that is satisfactory to protect and sustain environmental processe Property owners need 6 be aware there are other structural alternatives that can address erosion that might be iore economical, aesthetically pleasing and environmentally sound. With ar `� ? 3 leiisiai , ' r rs make a statement that, ..onl a )ro rock t5uttzhead THI provide for slon. a cl ins / -tom ice'=, Hybrid structures are another alternative that works in most cases. Hy l)-id structures combine vegetative plantings and hard structural control. More spec ically,a rock bulkhead would be constructed at or above ordinary high water mark and ould be partially buried and further protected by the SEP2010-00028 Skokomish cc mments I Created by Randy Lwrnper E ironmental. Planner for the Skokomish.Tribe addition of anchored beach lo s,sand, gravel and cobbles placed as beach nourishment. The benefits of a hybrid syst are that they partially mimic natural coastal processes while providing a high level c f erosion control due to the rock structure. The Skokornish Tribe requests that Mason Co 4rity require the proponent to use a hybrid alternative to hard armoring such as concrew. We also request that the Skokornish Tribe be made aware of any decision that you make regarding this pernift(SEP2010-00028) and any other permit which may affect the tribe. The Skokoinisli 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 Skokornish Tribe in the planning process, if You have any questions about the conlinents provided here i A please contact Randy N. Lumper(Environmental Planner) at 1-360-877-5213 ext# 508 email them to rlurnper Civskokornish.org. Sincerely, Joseph Pavel Director Skokornish Natural Resource, Department SEP2010-00028 Skokonlisliconiments 2 Created by Randy Lurnper Environmental Planner for the Skokornish Tribe I I SSE rare F w, may` l'y �FS9 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47775 •Olympia; Washington 98504-7775 •(360)407-6300 711 for Washington Relay Service •Persons with a speech disability can call 877-833-6341 May 28, 2010 Ms. Grace Miller Your address Mason County is in the Department of Community Development %:::U� Kennedy- Planning Division Goldsborough PO Box 279 watershed Shelton, WA 98584 Dear Ms. Miller: Thank you for the opportunity to comment on the mitigated determination of nonsignificance for the Burgstahler Bulkhead Replacement project(SEPA2010-00028) located at 280 North Potlatch Road in Shelton as proposed by Jim Japhet,Japhet Bulkheading Inc. The Department of Ecology(Ecology) reviewed the environmental checklist and has the following comment(s): WASTE 2 RESOURCES: Mike Drumright(360)407-6397 All removed debris resulting from this project must be disposed of at an approved site. Property owners, developers, and contractors are encouraged to recycle all possible leftover construction, demolition,and land clearing (CDL) materials and reduce waste generated. Recycling construction debris is often less expensive than landfill disposal. Please visit http://1800recycle.wa.gov to find facilities that recycle construction, demolition, and land clearing materials in your area. Please call Ecology's 1-800-RECYCLE hotline for facilities in the area that will accept your CDL materials for reuse or recycling. WATER QUALITY: Roberta Woods(360)407-6269 Erosion control measures must be in place prior to any clearing,grading,or construction. These control measures must be effective to prevent soil from being carried into surface water by stormwater runoff. Sand, silt, clay particles,and soil will damage aquatic habitat and are considered pollutants when discharged to waters of the state. Any discharge of sediment-laden runoff or other pollutants to waters of the state is in violation of Chapter 90.48,Water Pollution Control, and WAC 173-201A,Water Quality Standards for Surface Waters of the State of Washington,and is subject to enforcement action. During construction,all releases of oils, hydraulic fluids,fuels,other petroleum products, paints, solvents,and other deleterious materials must be contained and removed in a manner that will prevent their discharge to waters and soils of the state. The cleanup of spills should take precedence over all other work on the site. Proper disposal of construction debris must be on land in such a manner that debris cannot enter Hood Canal or cause water quality degradation of state waters. May 28, 2010 Page 2 All trenches, depressions,or holes created in the intertidal area shall be backfilled prior to inundation by tidal waters. All stormwater discharges must be constructed in a manner that will not cause scouring on the beach. Fresh uncured concrete in direct contact with the water is toxic to aquatic life. All concrete shall be poured in the dry and allowed to cure a minimum of seven (7)days before contact with water. Shoreline armoring(e.g., hardening with concrete)can have adverse impacts on the natural character of the shoreline. Ecology recommends that the applicant use appropriate plantings of native vegetation to stabilize shorelines, rather than hardening them with rock or concrete. Ecology can provide further information on request. Applicants should consider that putting in a bulkhead may, in some cases,accelerate erosion of the beach. Bulkheads are not truly permanent and may require expensive maintenance,especially after storms. Ecology's comments are based upon information provided by the lead agency. As such,they may not constitute an exhaustive list of the various authorizations that must be obtained or legal requirements that must be fulfilled in order to carry out the proposed action. If you have any questions or would like to respond to these comments, please contact the appropriate reviewing staff listed above. Department of Ecology Southwest Regional Office (SM:10-2576) cc: Mike Drumright,W2R Roberta Woods,WQ Jim Japhet,Japhet Bulkheading Inc. (Proponent) TR, ' ^ ` ------------------------------------- a. AM 2 3 100 0 9 AGENCY USE ONLY O ' US Army Corps ; Date received: WASHINGT®NI STATE Se Enneers I I Joint Aquatic Resou ces Permit Application (JARPA) Form [ I Agency reference#: I s ' USE BLACK OR BLUE INK TO ENTER ANSWERS IN WHITE SPACES BELOW. Tax Parcel#( �� I I I i I I Part 1—Project Identification --------------------------------------' 1. Project Name (A unique name for your project that you create. Examples: Smith's Dock or Seabrook Lane Development) [hel Dave & Sheryl Burgstahler Bulkhead replacement Part 2—Applicant The person or organization responsible for the project. hf M 2a. Name (Last, First, Middle)and Organization (if applicable) Jim Japhet, Japhet Bulkheading Inc. 2b. Mailing Address (Street or PO Box) 1407 Summit Lake Shore Rd NW 2c. City, State, Zip Olympia, WA 98502 2d. Phone(i) 2e. Phone(2) 2f. Fax 2 . E-mail (360) 866-0377 ( 360) 490-1369 ( 360 ) 866-7702 jjaphet@comcast.net Part 3—Authorized Agent or Con act Person authorized to represent the applican about the project. (Note: Authorized agent(s) must sign 11 b. of this application.) hel 3a. Name (Last, First, Middle) and Organization (if applicable) Jim Japhet, Japhet Bulkheading Inc. 3b. Mailing Address (Street or PO Box) 1407 Summit Lake Shore Rd NW 3c. City, State, Zip Olympia, WA 98502 3d. Phone(1) 3e. Phone(2) 3f. Fax 3 . E-mail ( 360) 866-0377 (360) 490-1369 (360) 866-7702 jjaphet@comcast.net JARPA 2009 Page 1 of 11 Part 4—Property Owner(s) h[ em Contact information for people or organizations owning the property(ies) where the project will occur. [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 property owners. Complete the section below and use JARPA Attachment A for each additional property owner. 4a. Name (Last, First, Middle)and Organization (if applicable) Dave & Sheryl Burgstahler 4b. Mailing Address (Street or PO Box) 3608 43rd. AVE NE 4c. City, State, Zip Seattle, WA 98105-5338 4d. Phone(1) 4e. Phone(2) 4f. Fax 4 . E-mail ( 206)525-9517 (206) 719-1095 ( ) Part 5—Project Location(s) Identifying information about the property or properties where the project will occur. h[ eM ❑ There are multiple properties or project locations (e.g., linear projects). Complete the section below and use JARPA Attachment B for each additional property. 5a. Street Address (Cannot be a PO Box. If there is no address, provide other location information in 5n.) h[ gm 280N Potlatch Rd 5b. City, State, Zip(If the project is not in a city]or town, provide the name of the nearest city or town.) [held Shelton, Wa 98584-6442 5c. County Lheii 5d. Provide the section, township, and range for the project location. he► '/4 Section Section Township Range 23 22 4W 5e. Provide the latitude and longitude of�he project location. hf elpl • Example:47.03922 N lat./-122.89142 W Tong 47.37635 N Lat/123.15234 W Long 5f. List the tax parcel number(s)for the project location. [Lei pi • The local county assessor's office can provide this information. 422235000066 59. Indicate the type of ownership of the property. (Check all that apply.) h( elPl ❑ State Owned Aquatic Land ❑ Tribal ® Private ❑ Other publicly owned (federal, state,county,city, special districts like schools, ports,etc.) JARPA 2009 Page 2 of 11 5h. Contact information for all adjoining property owners, lessees, etc. (If you need more space, use JARPA Attachment C.) "el Name Mailing Address Tax Parcel #(if known) ...... R8 ... .... ....................P.ot.I...P,.. .................... ................................................ e z160 [OI......L. ... ........... ................. F,4 WN 1'e- R g ............... ...............1---.1-1............................... ..........--.............. ........................ 5i. Is any part of the project area within al 1i00-year flood plain? Mip J F-1 Yes Z No El Don't know 5j. Briefly describe the vegetation and habitat conditions on the property. [help] Family Residence Lawn and shrubs 5k. Describe how the property is currently ip used. [Le Family vacation Home 51. Describe how the adjacent properties are currently used. [�eU Family residence JARPA 2009 Page 3 of 11 5m. Describe the structures (above and below ground) on the property, including their purpose(s). ht eM House and Garage 5n. Provide driving directions from the closest highway to the project location, and attach a map. hf eto State Hwy 101 N to Potlatch Rd. ( Near Potlatch WA) Potlatch Rd to 280 Part 6—Project Description 6a. Summarize the overall project. You c n provide more detail in 6d. h[ eM The existing concrete bulkhead is failing Etd is due for replacement 61b. Indicate the project category. (Check ll that apply.) hf eM ❑ Commercial ® Residential ❑ institutional ❑ Transportation ❑ Recreational ❑ Maintenance ❑ Environmental Enhancement 6c. Indicate the major elements of your oject. (Check all that apply.) hel ❑ Aquaculture ❑ Culvert ' ❑ Float ❑ Road ❑ Bank Stabilization ❑ Dam / it ❑ Geotechnical Survey ❑ Scientific Measurement ❑ Boat House ❑ Dike/ I-Evee/Jetty ❑ Land Clearing Device ❑ Boat Launch ❑ Ditch ❑ Marina / Moorage ❑ Stairs ❑ Boat Lift ❑ Dock/ P'h r ❑ Mining ❑ Stormwater facility ❑ Bridge ❑ Dredging ❑ Outfall Structure ❑ Swimming Pool ® Bulkhead ❑ Fence ❑ Piling ❑ Utility Line ❑ Buoy ❑ Ferry Terminal ❑ Retaining Wall (upland) ❑ Channel Modification ❑ Fishway I I i i ❑ Other: 1 { JARPA 2009 Page 4 of 11 6d. Describe how you plan to construct �ch project element checked in 6c. Include specific construction methods and equipment to be used. i Ihel • Identify where each element will occur in r Iation to the nearest waterbody. • Indicate which activities are within the 10 -gear flood plain. Remove existing , failing concrete bulkhead and replace with a new concrete bulkhead in the same locaqtion Equipment to be used will be a backhoe or excavator and hand tools 6e. What are the start and end dates for roject construction? (month/year) hf elpl • 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: _Aug or Sept 2001 End date: _Sept 2010 ❑ See JARPA Attachment D 6f. Describe the purpose of the work andl Why you want or need to perform it. hel The existing concrete bulkhead is failing and needs to be replaced 6g. Fair market value of the project, including materials, labor, machine rentals, etc. hel $45,000.00 6h. Will any portion of the project receive federal funding? he[_pjl • If yes, list each agency providing funds. ❑ Yes ® No ❑ Don't know Part 7—Wetlands: Impacts and Mitigation ❑ Check here if there are wetlands or wetland buffers on or adjacent to the project area. (If there are none, skip to Part 8.) 7a. Describe how the project has been designed to avoid and minimize adverse impacts to wetlands. h[ eU ® Not applicable- JARPA 2009 Page 5 of 11 7b. Will the project impact wetlands? h I ❑ Yes ❑ No ❑ Don't know 7c. Will the project impact wetland buffers$? hel ❑ Yes ❑ No ❑ Don't know 7d. Has a wetland delineation report been prepared? hel • 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? hf eAi • If yes, submit the wetland rating forms and figures with the JAR PA package. ❑ Yes ❑ No ❑ Don't know 7f. Have you prepared a mitigation plan to compensate for any adverse impacts to wetlands? hf elp] • If yes, submit the plan with the JARPA pa age. ❑ Yes ❑ No ❑ Not applicable 7g. Use the table below to list the type aI d rating of each wetland that will be impacted; the extent and duration of the impact; and the type and amount of compensatory mitigation proposed. If you are submitting a compensatory mitigation plan with a similar table, you may simply state (below) where we can find this information in the mitigation plan. he Activity causing Wetland type Impact area Duration Proposed Wetland impact(fill, and rating (sq. ft. or acres) of impact2 mitigation mitigation area drain, excavate, category' type (sq. ft. or acres) flood, etc.) 1 Ecology wetland category based on current Western Washington or Eastern Washington Wetland Rating System. Provide the wetland rating forms with the JARPA package. 2 Indicate the time(in months or years,as appropriate)the wetland will be measurably impacted by the activity. Enter"permanent"if applicable. 3 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: 7h. For all filling activities identified in 7g , 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. hf eid 7i. For all excavating activities identified in 7g., describe the excavation method, type and amount of material in cubic yards you will remove, and where the material will be disposed. h[ elp] DARPA 2009 Page 6 of 11 7j. Summarize what the compensatory ligation plan is meant to accomplish, and describe how a watershed approach was used to design the pla Le 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.) hl elpl ® 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 designe o avoid and minimize adverse impacts to the aquatic environment. hl_ eld ❑ Not applicable The project will have no impact on the aquatic enviroment 8b. Will your project impact a waterbody''or the area around a waterbody? hel ❑ Yes ® No 8c. Summarize impact(s) to each waterbody in the table below. hel Activity causing Waterbody Impact Duration Amount of material Area (sq. ft. or impact(clear, name location' of impact2 to be placed in or linear ft.) of dredge, fill, pile removed from waterbody drive, etc.) waterbody directly affected 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. 2 Indicate the time (in months or years, as appropriate)the waterbody will be measurably impacted by the work. Enter"permanent"if applicable. 8d. Have you prepared a mitigation plan to compensate for the project's adverse impacts to non-wetland waterbodies? h[ eM • If yes, submit the plan with the JARPA package. ❑ Yes ❑ No ® Not applicable 8e. Summarize what the compensatory mitigation plan is meant to accomplish. Describe how a watershed approach was used to design the plan. • If you already completed 7j.,you do not need to restate your answer here. [be 1pl JARPA 2009 Page 7 of 11 8f. For all activities identified in 8c., 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. hem There will be no additional fill as the replacement bulkhead will be in the same location as the existing failing bulkhead 89. For all excavating or dredging activities identified in 8c., describe the method for excavating or dredging, type and amount of material you will remove, and where the material will be disposed. hl elpl Part 9—Additional Information Any additional information you can provide helps the reviewer(s) understand your project. 9a. If you have already worked with any government agencies on this project, list them below. hf elpl Agency Name Contact Name Phone Most Recent Date of Contact 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? hf elpl • If yes, list the parameter(s)below. • If you don't know, use Washington Depa ent of Ecology's Water Quality Assessment tools at: hftp://www.egy.wa.gov/i)rograms/Wcl/303 ❑ Yes ® No 9c. What U.S. Geological Survey Hydrol 'gical Unit Code (HUC) is the project in? hf elp] • Go to hftp:#Qf ub.epg.qov/surf/lor-ate/indii.cfm to help identify the HUC. 17110018 9d. What Water Resource Inventory Area Number (WRIA#) is the project in? hem • Go to http://www.ecy.WA.qov/services/ciisir-haps/Wria/Wria.htm to find the WRIA#. 16 JARPA 2009 Page 8 of 11 9e. Will the in-water construction work c 'reply with the State of Washington water quality standards for turbidity? h( elpj • Go to http://www.ecy.wo.gov/proarams/W / w s/criteria.html 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? hf elaj • If you don't know, contact the local plann ng department. • For more information, go to: htt ://www. .wa. ov/ ro rams/sea/sma/laws rules/173-26/211 desi_q nations.html. Rural Urban ❑ Natural ❑ Aquatic ❑ Conservancy ❑ Other 9g. What is the Washington Department of Natural Resources Water Type? hel • Go to hftp://www.dnr.wa.gov/ usinessPe its[To ics/ForestPracticesA lications/Pa es/f watertyping.aspx for the Forest Practices Water Typing System. ® Shorelines ❑ Fish ❑ Non-Fish perennial ❑ Non-Fish seasonal 9h. Will this project be designed to meet Ithe Washington Department of Ecology's most current stormwater manual? hel • If no, provide the name of the manual your project is designed to meet. ® Yes ❑ No Name of manual: 9L If you know what the property was used for in the past, describe below. hel Family Residence 9j. Has a cultural resource (archaeologic'eill) survey been performed on the project area? hem • 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. hem Chum Salmon 91. Name each species or habitat on the Washington Department of Fish and Wildlife's Priority Habitats and Species List that might be affected bythe proposed work. h[ eiA None JARPA 2009 Page 9 of 11 Part 10—Identify the Permits You Are Applying For 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(a-ora.wa.gov. 10a. Compliance with the State Environmental Policy Act (SEPA). (Check all that apply.) hel • For more information about SEPA, go to v ".ecy.wa.gov/programs/sea/sepa/e-review.html. ❑ A copy of the SEPA determination or letter of exemption is included with this application. A SEPA determination is pending with ffh", ,, (�_:Ll. ,(lead agency). The expected decision date is ❑ I am applying for a Fish Habitat Enhancement Exemption. (Check the box below in 10b.) • Submit the Fish Habitat Enhancement Prqpct form with this application. The form can be found at: http://www.epermitting.wa.gov/site/alias_r ourcenter/jarpaJarpa_form/9984/jarpa_form.aspx. ❑ 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. hf elp� 10b. Indicate the permits you are applying for. (Check all that apply.) hf elM LOCAL GOVERNMENT Local Government Shoreline permits: ❑ Substantial Development ❑ Conditional Use ❑ Variance ® Shoreline Exemption Type (explain): Other city/county permits: ❑ Floodplain Development Permit ❑ Critical Areas Ordinance STATE GOVERNMENT Washington Department of Fish and Wildlife: ® 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) DARPA 2009 Page 10 of 11 Part 11—Authorizing Signatures Signatures required before submitting the JARPA package. 11 a. Applicant Signature (required) hf eM 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. (initial) 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 rel Ttd tot project. (initial) tom% , ,n n1 D Appli Date" 11 b. Authorized Agent Signature hf elp] 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 cessary per is have been issued. f .�T L uthori gent Date 11c. Property Owner Signature (if not applicant) he! 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. d Property Owner Date 18 U.S.0§1001 provides that:Whoever, in any mariner 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 JARPA 2009 Page 11 of 11 CERTIFICATION AND TRANSFER OF APPLICATION STATUS Tax Parcel No422235000066 I Dave Burgstahler, hereby certify that I am an/the owner of the property located at 280 N Potlatch Rd. which is the subject of this application for permit or approval. If I am not the sole owner of the property, I certify that 1 am authorized by any and all other owners of the property, to make this certification and transfer any and all rights I/we have to apply-for this permit or approval to Japhet Bulkheading Inc. (JAPHEBI168LH ) - I therefore certify that Japhet Bulkheading Inc. is the "applicant" for this permit or approval and shall remain the "applicant" for the duration of this permit or approval unless "applicant" status is terminated in writing by the propert ss r. �6s I certify under penalty of perjury under the laws �� i � Vashington that the foregoing is true and correct. gig Signature of Owner Date 1 Jim Japhet, hereby certify that I am an authorized agent of Japhet Bulkheading Inc. (JAPHEB1168LH) 1407 Summit Lake Shore Rd. NW Olympia, WA. 98502 , a corporation authorized to do business in the State of Washington and that this business association is the "applicant" for this permit or approval. This association shall remain the applicant for the duration of this permit or approval unless "applicant" status is transferred in writing. I certify under penalty of perjury under the laws of the State of Washington that the for going is t e and rrec . G II 1 Sign o rApplicant Date