HomeMy WebLinkAboutWashington State Department of Fish and Wildlife - Interlocal Agreement WDFW Contract 24-25508
MEMORANDUM OF AGREEMENT BETWEEN MASON COUNTY AND THE WASHINGTON DEPARTMENT
OF FISH AND WILDLIFE
For the provision and maintenance of fish passage on Schoolhouse Creek
This Memorandum of Agreement("Agreement")is made and entered into the 261h of June,2024,
between Mason County("County")and the State of Washington Department of Fish and Wildlife
("Department').
The purpose of this Agreement is to memorialize the mutual agreement between the County and the
Department about the fish passability of a culvert on Schoolhouse Creek located at BelfairTahuya Rd
MP 11.51, Tahuya,Washington.
The County and Department hereby agree that the following information,terms,and conditions govern
the approach for addressing the Schoolhouse Creek culvert.
Background
The County submitted a standard Hydraulic Project Approval (HPA)application to the Departmentto
modify the configuration of,or"reconfigure"the position of,an existing 12.5-foot diameter squash pipe
culvert crossing on Schoolhouse Creek at MP 11.51 on Belfair Tahuya Road (Application ID 29042).The
current culvert configuration results in excessive sediment accumulation which impacts the hydraulic
conveyance capacity and frequent emergency maintenance Is needed to avoid flooding impacts to
Belfair Tahuya Road.Prior to applying for the current standard application(Application ID 29042),the
County has been issued multiple past HPAs for emergency and maintenance dredging of accumulated
sediments within the existing culvert and adjacent stream channel.Schoolhouse Creek crossing at
Belfair Tahuya Road is currently covered for sediment removal maintenance activities under HPA permit
2020-6-208+01.
Following WAC 220-660-190, a person must design the construction,repair,or replacement of any
water crossing structure to achieve unimpeded fish passage ("fish passage")defined in WAC 220-660-
030(149)as the free movement of all fish species at any mobile life stage around or through a human-
made or natural structure. During review of the standard HPA application (Application ID 29042),the
Department recognized concerns regarding fish passage that may result from reconfiguring this culvert
as shown in the associated plans.A WDFW fish passage assessment completed in 2001,shortly after
Installation of the current squash pipe culvert indicated that the culvert was passable at the time(FPDSI
#15.0447 0.20). Excessive sediment accumulation from a 2021 flooding event prevents an accurate
determination of fish passage at the existing culvert.While the County's reconfiguration proposal of
raising the elevation of and adjusting the location adjacent to the existing location of the 12.5-foot
diameter squash pipe culvert may result in short-term improvements in hydraulic conveyance and may
reduce the frequency of maintenance dredging to remove excess sediment accumulations at this
location,the existing culvert does not meet Water Crossing Design Guidelines criteria for installation of
no-slope culverts based on the existing bankfull widths and culvert diameter. For these reasons,it is
unknown whether the proposed reconfiguration of the existing culvert will result In long-term provision
and maintenance of fish passage at this location.
The Department,wishing to give deference to the County's use of resources,and the County,
acknowledging that deference while also agreeing and committing to complying with Chapters 77.55
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WDF W Contract 24-25508
RCW(Construction Projects in State Waters)and 77.57 RCW(Fishways, Flow,and Screening),and 220-
660 WAC(Hydraulic Code Rules),enter into this Agreement to achieve fish passage at the site efficiently
and economically. Put simply,the Department agrees to allow the County to reconfigure the culvert's
location to the proposed project plans(Application ID 29042)and then determine if fish passage is thus
achieved. If fish passage is not achieved with the first reconfiguration,the County agrees to redesign and
replace the water crossing consistent with WAC220-660-190.The requirements herein are approved by
the Department based on a commitment by the County to demonstrate or achieve fish passage by
September 30,2029,and are contingent upon the reconfiguration of the existing structure.Once this
Agreement is fully executed,the standard application(ID 29042)will be removed from "hold status"and
permitted.
Now,therefore,the parties agree to the following terms and conditions:
Terms and Conditions
1. The County will reconfigure the culvert on Schoolhouse Creek at Belfair Tahuya Rd under the
HPA associated with Application ID 29042.
2. The County will then evaluate the fish passage of the reconfigured culvert installed under the
HPA associated with Application ID 29042 following the Level B Hydraulic Analysis methodology
as defined in the WDFW Fish Passage Inventory,Assessment, and Prioritization Manual(2019).
Department staff may assist with this assessment if requested and staff time allows.The County
must complete the assessment by July 31,2025.
3. If the reconfigured culvert installed under the HPA permit associated with ID 29042 is found to
have fish passage,the reconfigured culvert will be allowed to remain In place for the life of the
culvert without further correction for fish passage.
4. If at the time of reconfiguring the existing culvert,the culvert is found to be in a deteriorated
condition such that it has reached the end of its service life or if the culvert is damaged beyond
repair during the site preparation work for the reconfiguration,the County must fully remove
and properly dispose of the deteriorated culvert and may either:
a. Replace the culvert with a new,fish-passable crossing consistent with WAC 220-660-
190.,or
b. Reconfigure the crossing with anew temporary culvert to evaluate fish passage.
5. If the reconfigured existing or temporary culvert Is found to not achieve fish passage,the County
must design a fish-passable water crossing for Schoolhouse Creek located at Belfair Tahuya Rd
MP 11.51,Tahuya,Washington,consistent with WAC 220-660-190.
a. If a second,further reconfiguration of the existing or temporary culvert will achieve fish
passage,the County must request a modification of the HPA associated with ID 29042
for the proposal consistent with WAC 220-660-190 by September 30,2029.
b. If culvert replacement or another solution to achieve fish passage at this water crossing
is required,a new HPA application for the fish-passable water crossing consistent with
WAC 220-660-190 must be received by the Department by September 30,2029.
6. Any hydraulic project at FPDSI#15.0447 0.20 beyond those described in paragraphs 1-5 of this
Agreement will require anew and separate HPA and must comply with Chapters 77.55 RCW
(Construction Projects in State Waters),77.57 RCW(Fishways, Flow,and Screening),and 220-
660 WAC(Hydraulic Code Rules).
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WDFW Contract 24-25508
7. This Agreement and performance of its terms, having been determined by the Department as
conditions necessary to protect fish life and required by WAC 220-660-190,will be incorporated
as conditions of the HPA permit associated with ID 29042 and subject to enforcement by the
Department under RCW 77.55.410 and WAC 220-660-480.This Agreement does not waive the
County's right to appeal any future enforcement action per WAC 220-660-460 and WAC 220-
660-470.Per RCW 77.55.470,the parties reserve any and all other remedies available to enforce
the terms of this Agreement.The venue of any action brought under this Agreement shall be in
the Superior Court for Thurston County.
8. Amendment of this Agreement may be by mutual agreement of the parties and will necessitate
a modification of the HPA permit associated with ID 29042 pursuant to WAC 220-660-050(15).
Such amendments shall not be binding unless they are in writing and signed by personnel
authorized to bind each of the parties.To the extent that the County's non-compliance with this
Agreement necessitates additional mitigation for the protection of fish life, as determined by
the Department,this Agreement shall not prevent the Department from requiring mitigation
separate and in addition to the mitigation provided in this Agreement,without amendment of
this Agreement,and without terminating this Agreement.
This Agreement contains all the terms and conditions agreed upon by the parties. No other
understandings,oral or otherwise,regarding the subject matter of this Agreement shall be deemed to
exist or to bind any of the parties hereto.
This Agreement is timely signed prior to completion of the proposed hydraulic work and takes effect
upon signature.This Agreement will be filed in the APPS permit system in association with ID 29042. Per
WAC 220-660-080(5)(f),this Agreement will remain in effect until satisfactory completion of all
conditions in the Agreement and shall be enforceable in law until completion and expiration,without
regard to the expiration of the HPA associated with ID 29042.
Mason COUP y '7
By: vAlp Z'&J &rt=4
/I Date: /' 2
Title:
Washington Department of Fish and Wildlife
By. � � `� �e�u¢ Date: July 24, 2024
Title: Deputy Director of Operations, Habitat Program
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