HomeMy WebLinkAboutEcology Letter, Partial Hatchery Tank Site Plan - PLN General - 10/27/1997 . l;r4. 6, 1�g8 1:88PM- �SPK CNTY BLDG&PLANNING MO.255 P. 1/4
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DEPARTMENT OF ECOLOGY
P.Q. Fox 4760.0 v Olympla, WaYbington 98504.7600 -
�,�s, (360) 407-6000 • 7'DD Only (Hearing impaired) (360) 4 07-6006 _,_-_
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October 27, 1997 poet-It bra
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The purpose of this letter is to express the Department of Ecology's interpretation with regard to
the applicability of the provisions ofRCW 90.58.030(3)(e)(1) and (iii), 90,58.147 and WAC 173•-
27-040 to natural disaster recovery projects and related environmental mitigation; The letter is
written in reVor'me to a request from the Washington Departmm of Transportation for the
purpose of clarifying and providing a.uniform standard of applicability of the exemption
provisions.
ant Years have ,seen an increase in flood and storm related damage to roads and highways and
thereby a need to itiously repair or replace damaged facilities. The need to do this work
quickly is driven both by the obvious aced to revore service but also by a need to take advantage
of=ergency fanding sources while they are wm11 ble. At the same time it is recognized that
these situations provide an opportunity to make improvements that reduce the impact of the
f�ciEties on natural resources and reduce the possibility of future damage to the facilities. While
roads and highways appear to be the most prominent example of this situa"on, it is probable that
other uses or developments have similar cir=u 9U0e$,
Concern has been expressed that, where environmental mitigation or improvements associated
with a repair project are the sole basis for a rcquuerncnt to obtain a shoreline substantial
development permit, a disincentive exists for making the environmental improvements. The clear
policy of the Shoreline Management Act(SMA)is that all development Should be conducted in a
manner that minimizes adverse impacts on shoreline resources and where feasible restores the
natural character, resources and ecol000f the shoreline. Recent amendments to the SMA.have
made elm that projects that are designed to improve fish or wildlife habitat or fish passage are a
priority.
After a review of the law it appears reasonable and consistent with the policy of the SMA.to use
the provisions ofRCW 90.58.030(3)(e)(1) and (iii) and 90.58.147 collectively to address this
issue, _
It must be noted that the provisions ofRCW 90.58,030(3)(e)() and (iii)and 90.58.14.7 only
provide a waiver of the require rent to obtain a shoreline management act substantial
development permit,
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Shorel-v a Min nistraors
Page 2
October 27, 1997
All development is required to be consistent*itb the policy'of the SMA and in compliance with f
the local shoreline master program(SMP}.,:Compliance with'the SNII' may involveobtaining a x ,
shoreline conditional use permit or'"variance. -The'exem'ption'provisions cited above do not waive
any requirement of the SMP. It also must be noted that local government is designated by the
SMA as having responsibility for administering the permit system.- I-.oc-W government must make
a decision on each,development proposal conceix j g its eligibility for exemption baste-on the
facts of the case and the provision of the SM.A. This letter is intended to provide guidance and
assistance on interpretation of the regulations to these responsible for making the exemption
decisions. It is not intended to modify the regulations.,
The provisions ofRCW 90,58.030(3Xe)(i)provide an exemption for"Normal maittenance and
repair of existing structures or developments, including damp a by accident fire or elements".
yyStatCS: ;:I iv: �":'�aS=':z:(';,� . s.::c;. 'i ,��:.; :�.,,• "?
'•"11 orr�[�{ (�N ii elsGi/ ce I l i� � l 4 c f t .y'•.{^"nt ' ig -: .-� ._
imclucle' usual acts to prevent a decline, ],,,.Y,,�*�n or cessation,
om a lawfully`establisl d condiiia�%f`" `i •e• "r",1 ' y Normal r pad ens to Testers a deve ap ent
to a state Cf)7l1 dble'to IW y ) 2+•A- a � t
original'co�ulitrPinclruling'hut,riot liiniteto'iissize shj—
confrguration,4oeation mid external a4ipeadinee,^witfiin`'areas'onahle pericxia}3er _delay
or partial destruction, except where repair causes subssiwmal adverse effects to shoreline-
_resynirce or erd. ,Replac ent of a structure or dci'elopmerit,may beauthorized. .
aT repmr w ere suchre neat it ihe.cmnmon:inethod of repair for the,type i
strircUrrQ tar developmem the Teplac merit struetrire•or deiJelop�rent,ts,cvr rparable to-.,
ihsorigrl�strucr�me or development irx but not littirted to,its size,'s}urpe, i.
coiVTjuration, location and external fiance and the not anise
Silf1S 'Gi1.adYerSe effects t0 shoreline rzscrurces or em>i�ortment;
RCW 90.5S.0 0(3j(e}(m)provides an exemption for Tm'* envy' ns�i CC] Ct1t}Il r]eCGS5K71y�protect
property from damage by the elements" and WAC 1.73-27-040(2}(d) states;
fin""emergency"is art ilnotieipaled and imminent threat to public hecorlt .safety, or thee"
environment which requires immediate action withina time too short to allow full
ilitmce with this chapter'. "merger y constnrction does not mcli de development of
cornl
new permanent protective,structureswh�y a n one previously existed ,l�here h ew.
protective structures are deerrted by the admiTiisirati►>•ita be the rrraprrate means to
address tide emergency situarioii, upon abated ent'of the eiii rgency situation the new `
structure shall be removed or arty permit which would have been reoiuirea� absent car
emergency,pursuant to chapter 90.58 RCW,, these regulations, or the local master
program, obtained All emergency cons action shall be consistent with the policies of
chapter 90.58 RCW arid the local moister pmgram. Asa general mcmer,,flooding or
other seasonal events that can be anticipated and may occur but that are not imminent
are not an emergency. • _ . ,,
Shoreline Administrators
Page 3
October 27, 1997
A pubic or1nrivrrte project that is designed to improve fish or wildlife habitat or fish
page shall be exempt from the substantial development permit requirements of this
chapter when all df the fallowing c�ply:
(1) The project has been approved by.the depgrtment d,f fish and u iIZfe;
(2) ne prgjed has received hydraulic project approval by the deparonew"offish
and wikllrfe pursvgnr to•chaprer.73.2Q pG'W and.
(3) The IocW government has deterimned thx dw project is subAt nitially' G�45 let
'consistent with the local shoreline master'programr? T he'loc aI government shall.make ` .
such determination in a timely mrnuter and provide it by letter to the project proponea
WAC 173-27-040(p) adds a requirement that WDFW approval be in writing an incl ude a'finding
that the project is"necessary for the improvement of habitat or pa-,-� and appropriately'`-'-
designed and sited to accomplish the intended purpose".:
Read together it appears reasonable that a maintenancz or repair prefect that is oilierwise • - "
consistent with the provisions of RCW 90.58A30(3)(e)()and WAC 173-27-04o(2)(b), could be
exempted-from the requirement to obtain a substsntial development permit when:
1. 'The project is intended only to restore service or use to a levclr'=entially the same as that, ,
provided prior-to deterioration or damage;,
2. Proposed modifications to the size, shape,'configuration or location of the faclity or use,
including mitigation measures, from that which existed prior to deterioration or damage are:
a. Designed specifically to improve fish or wildlife habitat or fish passage and the other
provisions of RCW 90.59.147 are complied with; of,'
rb. Appropriate and necessary to properly repair the facility consistent'with'cuzrmt
engineeringlcantr�uctiori standards and practices and apglicablc codes or regulatioms; and,:z
3. The proposed modifications are consistent with the provisions of the local master program and
will not result in adverse effects to shoreline resources.
Similarly, oti emergency projrcts;otherwise meeting the requirements of the RCW
90-.58.030(3Xe)Cfq) and WAC 173-27-040(2)(d),additional measures, ir�g mitigation
rents,that are not directly mqiired to proms proFesty or improvcrneifts from damage by the
element but whch provide an improvement to fish and wddlife habitat or fish passage may be exempted
pursuant to RCW 90.58.147,
In granting an exemption pursuant to kCW 90.58.147 local government needs to be awake that
the law makes a distinction between approval by the Department of Fish and Wildlife(WDFW)
and approval of a hydraulics project WA)permit.
The approval of the WDFW is a statement of support and cone tuTence that the project will
improve fish and wildlife habitat or fish passage while the issuance of an HPA permit is predicated
only on a finding that the.project will not negatively effect fish habitat or passage.
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Shoreline Administrators
Page 4
October 27, 1997
It also should be noted that if a project does not require an HPA, approval of the WDFW is still
required for,the project to be exempt from the permit requirements under this fish and wildlife
habitat improvement exemption.
Local govermmnent is required to review the project and make a determi�='on of consistency with
the local master program. This detem motion must be in writing and may include conditions as
necessary to assure consistency of the project with the terms of the WDFW's approval,the HPA
or the local master program.
If you should have any questions please call the Shorclands and Environmental Assistance Section
in the F- logy Regional Office that serves your area.
Sin ly,
mas Mark, AICP
Senior Policy Analyst
Shorelands and F-miromnenW Assis�ce Program
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SKOKOMISH VALLEY ROAD
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i- McKERNAN HATCHERY j OTC
W. 411 DEYETTE RD. ¢ ��
\` SHELTON WA. 98584
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APPROX. 9 MILES TO SHELTON x CK
FROM PROJECT O
ot
n
G£O. ADAMS HATCHERY
\ VICINITY MAP
\ NOT TO SCALE
}� NOTES:
DEMOU TION
I. CONTRACTOR SHALL KEEP GENERATOR OPERABLE DURING
Z CONSTRUCTION. CONTRACTOR SHALL PROWOE A CLEAN
TEMPORARY TANK, PIPING, AND FUEL SUPPLY OF A
^�� S MINIMUM OF 400 GALLONS OF CLEAN DIESEL FUEL SO
ING 8 a THAT THE DIESEL ENGINE MAY BE OPERATED AT ANY
U Ui TIME DURING REMOVAL OF UNDERGROUND STORAGE TANK
(UST) AND INSTALLATION OF THE ABOVEGROUND
F STORAGE TANK (AST). AFTER THE NEW AST IS
INSTALLED AND TESTED ANY REMAINING PORTION OF
THE 400 GALLONS OF FUEL SHALL BE FILTERED AND
2J5't TRANSFERED TO THE NEW AST. THE DEPARTMENT OF
TO EAST PROPERTY LINE FISH AND WILDLIFE WILL REIMBURSE THE CONTRACTOR
FOR ADDITIONAL FUEL AS NEEDED UNTIL NEW AST IS
INSTALLED AND OPERATING. CONTRACTOR WILL VERIFY
THAT THE TEMPORARY FUELING SYSTEM IS OPERATING
4OVE EXISTING PROPERLY.
!0 GAL. UST AND 2. THE CONTRACTOR SHALL VERIFY WITH HATCHERY PERSONNEL
LACE WITH OWNER THAT THE PROPOSED PLACEMENT OF THE TEMPORARY FUEL '
'PUED 1000 GAL. AST TANK WILL NOT INTERFERE WITH HATCHERY OPERATIONS.
' AST REPLACEMENT/ J. REMOVE ASPHALT PAVEMENT AS SHOWN ON DRAWING. REMOVE
:ATION, SHEET 15 OF 21 THE IOOO GALLON UST. PIPING ASSOCIATED WITH THE LIST
SHALL BE REA40VEO FROM THE UST TO THE SIDE WALL OF THE
—DISCONECT THE EXISTING EXCAVATION AND CAPPED. ALL FUEL SHALL BE REMOVED
AST AND MOVE TO ON SITE BEFORE CAPPING.
LOCATION SPECIFIED BY THE 4. REMOVE ABOVEGROUND FUEL LINES INSIDE THE GENERATOR
ENGINEER. BUILDING AS NEEDED TO ALLOW RETRO-FITTING OF THE NEW
RETURN DAY TANK TO THE EXISTING DAY TANK. REMAINING
SECTIONS OF ABANDONED FUEL PIPES SHALL BE CAPPED
S 8951'46'E FLUSH WITH THE CONCRETE SLAB.
657.60 657.60 1315.20 5. THE VENT PIPING FOR THE EXISTING DAY TANK SHALL
REMAIN AND BE RETRO-FITTED TO THE NEW RETURN DAY
o TANK VENT AS SHOWN ON THE DRAWINGS.
�i ca+c.uav¢. 10 6. FUEL LINES FROM EXISTING DAY TANK TO DIESEL ENGINE
SHALL REMAIN.
7. VENT PIPE FOR THE REMOVED UST SHALL REMAIN FROM EDGE
h S 89'47'37'E "W OF EXCAVATION WALL BACK TO GENERATOR BUILDING
g659.48 659.48 1316.96 g INCLUDING THE SECTION ABOVEGROUNO AND ATTACHED TO THE
GENERATOR BUILDING.
2
o = 8. EXACT LOCATIONS OF BURIED PIPING AND UTILITIES IS
rj UNKNOWN. CONTRACTOR SHALL BE RESPONSIBLE FOR
LOCA77NG BURIED PIPING AND UTILITIES IN THE WORK AREA
BEFORE TANK EXCAVATION BEGINS. THE CONTRACTOR SHALL
BE RESPONSIBLE FOR REPAIRING ANY DAMAGED PIPING OR
1322.71 1322.72 UTILITIES.
S 89'43'30'E 9, THE UST, PIPING, AND ANY CONTAMINATED SOIL REMOVED
BY THE CONTRACTOR AND NOT DESIGNATED FOR REUSE SHALL
PROPERTY IS LOCATED IN THE BECOME PROPERTY OF THE CONTRACTOR AND SHALL BE
DISPOSED OF IN A LEGAL MANNER BY THE CONTRACTOR.
E 1/2 OF NW 1/4 OF SW 1/4 CONTAMINATED SOIL SHALL BE TREATED BY THERMAL
SEC.16 TWN.21N R.4W W.M. DESTRUCTION OR THERMAL DESORPTION OFF SITE. TREATED
MATERIALS SHALL NOT BE USED FOR BACKFILL ON THIS
MASON COUNTY, WA. PROJECT.
10. BALLAST SLAB MAY REMAIN IN PLACE PROVIDED NO
CONTAMINATION HAS BEEN DETECTED AFTER THE UST IS
REMOVED,
1'BAR MEASURES UNDERGROUND FUEL TANK REMOVAL PROJECT NO.
ONE INCH ON PHASE �V MC:M:98-1
ORIGINAL DRAWINGS
REVISION DESCRIPTION BY DE4CNE0 Br C. KUNTZ SHEET OF
APPROVED AND RELEASED FOR CONSTRUCTION CHEp(EO er o. LOSH80DGH McKERNAN SALMON HATCHERY