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HomeMy WebLinkAboutFish Habitiat Enhancement , HPA Dredge Everson Creek, JARPA - PLN General - 9/18/2008 AT Tg T �► State of Washington /IgCC� DEPARTMENT OF FISH AND WILDLIFE Mailing Address:600 Capitol Way N•Olympia,WA 98501-1091 •(360)902-2200,TDD(360)902-2207 Main Office Location:Natural Resources Building•1111 Washington Street SE•Olympia,WA September 18,2008 Constance Moore 2340 NE Old Belfair Road Belfair, WA 98528 Hood Canal Salmon Enhancement Group PO Box 2169 Belfair,WA 98528 SUBJECT: Request to Use the Streamlined Fish Habitat Enhancement Process for Moore Culvert/Footbridge Project, Located on Everson Creek, a Tributary of Union River,WRIA 15, Mason County. Control# 114638 Dear Applicant and Agent: The Washington Department of Fish and Wildlife(WDFW)has reviewed your application to use the Streamlined Fish Habitat Enhancement Process under RCW 77.55.181. Based on the information provided in the Joint Aquatic Resource Permit Application (JARPA), this project does not meet the requirements for the Streamlined Hydraulic Project Approval process. Specifically, your project does not appear to meet one of the criteria listed in the Part A section of the Streamlined Process for Fish Habitat Enhancement. A component of your proposal includes dredging. Dredging is not permitted under the streamlined process. The removal of the culvert would be eligible and the footbridge is a fish passage barrier it too would qualify under this process. If you choose to resubmit your application limited to these components we will reconsider the proposal. However,the Washington State Department of Fish and Wildlife does support your efforts to enhance fish habitat and will consider your application for a standard Hydraulic Project Approval should you wish to apply. L_ Under the RCW 90.58.147 you can go through the SEPA process, obtain your HPA, request a letter of approval from WDFW and submit all of the above to the County for an exemption of their shoreline process. You may want to consider this alternative process. For questions,please contact me at(360) 902-2575. Sincerely, Teresa A. Eturaspe, SEPA/NEPA Coordinator Habitat Program TAE: tae/FEP08-134 cc: Mason County Planning Gloria Rogers,AHB Debbie Wells, ITAS 2 Files Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021(10)&(12)-Appeal Pursuant to Chapter Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date: September 29,2008 Control Number: 114876-1 Project Expiration Date: October 15,2008 FPA/Public Notice#: N/A PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Hood Canal Salmon Enhancement Group Constance Moore ATTENTION: Neil Werner 2340 NE Old Belfair Hwy Post Office Box 2169 Belfair,WA 98528 Belfair, WA 98528 360-275-2547 360-275-0373 Fax:360-275-0648 Project Name: Expedited - Dredge Everson Creek Project Description: Dredge the channel for approximately 210 feet. Remove steel culvert and creosoted retaining wall, footbridge with creosoted log stringers and invasive plants. Dispose creosoted materials and invasive plants at an approved upland site. No set back dike shown on plans. PROVISIONS 1. Work below the ordinary high water line shall only occur between Immediately and October 15, 2008 providing the stream is dry. 2. Work shall be accomplished per plans and specifications submitted to the Washington Department of Fish and Wildlife entitled "Everson Creek Restoration" and dated August 28, 2008, except as modified by this Hydraulic Project Approval. A copy of these plans shall be available on site during construction. CHANNEL PROVISIONS 3. The dredged channel shall, at a minimum, be similar in length, width, depth, floodplain configuration, and gradient, as the old channel. The channel shall incorporate streambed materials, meander configuration, and native or other approved vegetation equivalent to or greater than that which previously existed in the old channel. 4. Upon completion of the dredging, the streambed shall contain no pits, potholes, or large depressions to avoid stranding of fish. 5. Spoils from the dredged channel shall be placed in an upland site. 6. Under no circumstances shall a blockage to stream flow or fish passage be created. EQUIPMENT PROVISIONS 7. Equipment used for this project shall be free of external petroleum-based products while working around the stream. Accumulation of soils or debris shall be removed from the drive mechanisms (wheels, tires, tracks, etc.) and undercarriage of equipment prior to its working below the ordinary Page 1 of 5 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021(10)&(12)-Appeal Pursuant to Chapter Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date: September 29,2008 Control Number: 114876-1 Project Expiration Date: October 15, 2008 FPA/Public Notice#: N/A high water line. Equipment shall be checked daily for leaks and any necessary repairs shall be completed prior to commencing work activities along the stream. WATER QUALITY PROVISIONS 8. Every effort shall be taken during all phases of this project to ensure that sediment-laden water is not allowed to enter the stream. This may be accomplished by placing a series of low gravel bag dams downstream of the project. The gravel bag dams shall consist of burlap bags filled with pea gravel. The streambed and dams shall be overlain with filter fabric on the upstream side of the dams. Accumulated silt shall be removed with the filter fabric upon completion of the project and the burlap bags shall be slit to allow the pea gravel to disperse downstream. Where necessary, hand tools may be used to ensure stream flow and fish passage are not impeded by the gravel. 9. Erosion control methods shall be used to prevent silt-laden water from entering the stream. These may include, but are not limited to, straw bales, filter fabric, temporary sediment ponds, check dams of pea gravel-filled burlap bags or other material, and/or immediate mulching of exposed areas. 10. All waste material such as construction debris, silt, excess dirt or overburden resulting from this project shall be deposited above the limits of flood water in an upland disposal site. Creosoted materials and invasive plants shall be disposed of at an approved upland site. 11. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. 12. Alteration or disturbance of the bank and bank vegetation shall be limited to that necessary to construct the project. Upon project completion, all disturbed areas shall be protected from erosion using vegetation or other means. Within one year of project completion, the banks shall be revegetated with native or other approved woody species. 13. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), immediately stop work except for efforts to control leaks or spills or prevent toxic substances from entering the water and notify the Washington Military Department's Emergency Management Division at 1-800-258-5990, and to the Area Habitat Biologist listed below. Work shall not restart on the project until approved by the Area Habitat Biologist. NOTES At the request of Mona Pillers of the Hood Canal Salmon Enhancement Group on September 29, 2008, this Hydraulic Project Approval (HPA) has been expedited per RCW 77.55.021 (10) & (12). This Hydraulic Project Approval (HPA) pertains only to the provisions of the Washington State Fisheries and Wildlife Codes. It is the permittee's responsibility to apply for and obtain any additional authorization from other public agencies (local, state and/or federal) that may be necessary for this project. Page 2 of 5 Washington HYDRAULIC PROJECT APPROVAL coastal Department of 48 Devonshire Road FISH and RCW 77.55.021(10)&(12)-Appeal Pursuant to Chapter Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date: September 29, 2008 Control Number: 114876-1 Project Expiration Date: October 15,2008 FPA/Public Notice#: N/A PROJECT LOCATIONS Location #1 WORK START: September 29, 2008 IWORK END: October 15, 2008 WRIA: Waterbody: Tributary to: 15.0507 Everson Creek Union River 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: NW 1/4 16 23 N 01 W N 47.4853 W 122.82207 Mason Location#1 Driving Directions From Belfair,go north and site is located between 2340 and 2370 NE Old Belfair Hwy. APPLY TO ALL HYDRAULIC PROJECT APPROVALS This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW(formerly RCW 77.20). Additional authorization from other public agencies may be necessary for this project. The person(s)to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies(local, state and/or federal)that may be necessary for this project. This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person(s)to whom this Hydraulic Project Approval is issued and operator(s)performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s)to whom this Hydraulic Project Approval is issued and operator(s) performing the work may be held liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day and/or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 77.55.021 (EXCEPT agricultural irrigation,stock watering or bank stabilization projects)or 77.55.141 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The person(s)to whom this Hydraulic Project Approval is issued has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All agricultural irrigation,stock watering or bank stabilization Hydraulic Project Approvals issued pursuant to RCW 77.55.021 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the person(s)to whom this Hydraulic Project Approval is issued: PROVIDED HOWEVER,that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 77.55.301. Page 3 of 5 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021(10)&(12)-Appeal Pursuant to Chapter Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date: September 29,2008 Control Number: 114876-1 Project Expiration Date: October 15, 2008 FPA/Public Notice#: N/A APPEALS INFORMATION If you wish to appeal the issuance or denial of,or conditions provided in a Hydraulic Project Approval,there are informal and formal appeal processes available. A. INFORMAL APPEALS(WAC 220-110-340)OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021, 77.55.141, 77.55.181,and 77.55.291: A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: (A)The denial or issuance of a Hydraulic Project Approval,or the conditions or provisions made part of a Hydraulic Project Approval;or (B)An order imposing civil penalties. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator,600 Capitol Way North, Olympia,Washington 98501-1091 and shall be RECEIVED by the Department within 30 days of the denial or issuance of a Hydraulic Project Approval or receipt of an order imposing civil penalties. If agreed to by the aggrieved party, and the aggrieved party is the Hydraulic Project Approval applicant, resolution of the concerns will be facilitated through discussions with the Area Habitat Biologist and his/her supervisor. If resolution is not reached,or the aggrieved party is not the Hydraulic Project Approval applicant, the Habitat Technical Services Division Manager or his/her designee shall conduct a review and recommend a decision to the Director or his/her designee. If you are not satisfied with the results of this informal appeal,a formal appeal may be filed. B. FORMAL APPEALS(WAC 220-110-350)OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (EXCEPT agricultural irrigation,stock watering or bank stabilization projects)or 77.55.291: A person who is aggrieved or adversely affected by the following Department actions may request a formal review of: (A)The denial or issuance of a Hydraulic Project Approval,or the conditions or provisions made part of a Hydraulic Project Approval; (B)An order imposing civil penalties;or (C)Any other'agency action'for which an adjudicative proceeding is required under the Administrative Procedure Act, Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator,shall be plainly labeled as'REQUEST FOR FORMAL APPEAL'and shall be RECEIVED DURING OFFICE HOURS by the Department at 600 Capitol Way North,Olympia,Washington 98501-1091,within 30-days of the Department action that is being challenged. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal,the deadline for requesting a formal appeal shall be within 30-days of the date of the Department's written decision in response to the informal appeal. C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (agricultural irrigation, stock watering or bank stabilization only), 77.55.141, 77.55.181,or 77.55.241: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office,4224 Sixth Avenue SE, Building Two- Rowe Six, Lacey,Washington 98504;telephone 360/459-6327. D. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO CHAPTER 43.21 L RCW: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval,or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The FORMAL APPEAL shall be in accordance with the provisions of Chapter 43.21 L RCW and Chapter 199-08 WAC. The request for FORMAL APPEAL shall be in WRITING to the Environmental and Land Use Hearings Board at Environmental Hearings Office, Environmental and Land Use Hearings Board,4224 Sixth Avenue SE, Building Two- Rowe Six, P.O. Box 40903, Lacey,Washington 98504;telephone 360/459-6327. E. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS results in forfeiture of all appeal rights. If there is no timely request for an appeal,the department action shall be final and unappealable. Page 4 of 5 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021(10)&(12)-Appeal Pursuant to Chapter Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date: September 29,2008 Control Number: 114876-1 Project Expiration Date: October 15,2008 FPA/Public Notice#: N/A ENFORCEMENT: Sergeant Jackson (29) P2 Habitat Biologist � � for Director Gloria Rogers 360-249-4628 /'�. WDFW CC:Christerson Lois 2370 NE Old Belfair Hwy Belfair, WA 98528 Lois Christerson 2370 NE Old Belfair Hwy Belfair, WA 98528 Jeremy Graham, Mason County Dept of Public Works (email) Rick Hirschberg, Mason County Dept of Public Works (email) Jim Scholz, Mason County Dept of Community Development (email) Page 5 of 5 r � AGENCY USU ONLY Agency Rofurencc N: Date Received: Circulatcd by: (local govt.or agency) I'ro'cat Tracking Number: JOINT AQUATIC RESOURCES PERMIT APPLICATION FORM (JARPA) (for use in Washington State) Please use black ink. a �' To fill in electronically.use F11 to move throwt�e form. To use the hely feafureyou must have an internet connection. ❑ Application for a Fish Habitat Enhancement Project per requirements of RCW 77.55.290, You must submit a copy of this completed JARPA application form and the (Fish Habitat Enhancement JARPA Addition) to your local Government Planning Department and Washington Department of Fish&Wildlife Area Habitat Biologist on the same day. NOTE: LOCAL GOVERNMENTS—You must submit any comments on these projects to WDFW within 15 working days. Based on the instructions provided,I am sending copies of this application to the following: (check all that apply) ❑ Local Government for shoreline:❑ t�tpltai(d( tfySlTfjlg !t QGt��tsj(?I� (11f QyElrit�4 []Exemption []Revision ❑i ISlLfttllIl�.Mttc!tsal7:lsll)t ❑Critical Areas Ordinance x� Washington Department of Fish and Wildlife for 11I'A(Submit 3 copies to WDFW Region) ❑ Washington Department of Ecology(!aI'.lQ1_lnittgL,ll4ltUty.. LtL�tr�llS?1](to Regional Office-Federal Permit Unit) ❑ Washington Department of Natural Resources for AgV.Q(1Q I Q��Ir;es Uae Agtl�orizeti l�Notification ❑ Corps of Engineers for: ❑ aeQWn,gQtq ❑ Section i0 permit ❑ Coast Guard for: ❑ garior ,�riis u . t F'U,I'Cl!it ❑ PrimatQ.�l tQNllixkil�LgL1(for non-bridge projects) ❑ For Department of Transportation projects only: This project will be designed to meet conditions of the most current Ecology/Department of Transportation Water Quality Implementing Agreement PROJECT TITLE:Everson Creek Restoration&Repair PROJECT DESCRIPTION:Repair and restore 210 feet of Everson Creek from Old Belfair Hwy culvert to the Union River by removing excess gravel reestablishing the channel,removing noxious weeds and crating a set back levee with the gravel removed from the stream SECTION A-Use for all permits covered by this application. Be sure to ALSO complete Section C(Signature Block)for all permit applications. 1.APPLICANT Constance Moore MAILING ADDRESS 2340 NE Old Belfair Highway, Belfair,Wa.98528 _ WORK PHONE E-MAIL ADDRESS 360 275-2,1 If an agent is acting for the applicant during the permit process,complete#2. Be sure agent signs Section C(Signature Block)for all permit applications 2.AUTHORIZED AGENT Hood Canal Salmon Enhancement Group MAILING ADDRESS PO Box 2169 Belfair,Washington 98528 WORK PHONE t14tt( Qg Q[g 360 275-3575 360 275-0648 360 275-0373 3.Relationship of applicant to property: Q OWNER ❑ PURCHASER ❑ LESSEE ❑ 4.Name,address and phone number of property owner(s)if other than applicant: 5.Location(street address,including city,county and zip code,where proposed activity exists or will occur) 2340 NE Old Belfair Highway Local government with jurisdiction(city or count ) Mason County Waterbody you are working in Everson Creek Tributary of Union River WRIA# 15.0507 Is this waterbody on the 303(d)List** ❑ YES ❑x NO If YES,what parameter(s)? Shoreline designation **For 303d List, Zoning designation ilitu://Nyww,iuc,v,4y"gvit)ro(,irnf--nstwo/303d/inds %4 Section Section PN wnship Range FM overnment Lot SE �17 �iw DNR stream type if known Latitude and Longitude: 47.2851 122.4937 Tax Parcel Number Q 1 k4fj�V"4L).ti ver.1.5.20061004.0930 1 6. Describe a)the current use of theproperty, b structures existing on theproperty,and c existing environmental conditions. Have you ( O 9 O 9 completed any portion of the proposed activity on this property? ❑ YES Qx NO For any portion of the proposed activity already completed on this property, indicate month and year of completion. The current use of the property is residential along the Old Belfair Highway. The creek was inundated with gravel during the December 3, 2007 storm event. Is the property agricultural land? ❑ YES Ox NO Are you a USDA program participant? ❑ YES Ox NO 7a. Describe the proposed work that needs aquatic permits: Complete plans and specifications should be provided for all work waterward of the ordinary high water mark or line, including types of equipment to be used. If applying for a shoreline permit,describe all work within and beyond 200 feet of the ordinary high water mark. If you have provided attached materials to describe your project,you still must summarize the proposed work here. Attach a separate sheet if additional space is needed. The results of the storm event was to fill the creek with gravel to the point there is no stream channel left and no way for adults or juvenile salmonids to utilize this system. The culvert was replaced in 2003 for this purpose and now is no use. All gravel will be utilized and spread to the sides of the stream as was discussed in previous dialogue. A setback dike will be made to the east of the system to assist in maintaining a creek channel in the future. PREPARATION OF DRAWINGS: See sample drawings and guidance for completing the drawings. ONE SET OF ORIGINAL OR GOOD QUALITY REPRODUCIBLE DRAWINGS MUST BE ATTACHED. NOTE: Applicants are encouraged to submit photographs of the project site,but these DO NOT substitute for drawings. THE CORPS OF ENGINEERS AND COAST GUARD REQUIRE DRAWINGS ON 8-112 X 11 INCH SHEETS. LARGER DRAWINGS MAYBE REQUIRED BY OTHER AGENCIES. 7b. Describe the purpose of the proposed work and why you want or need to perform it at the site. Please explain any specific needs that have influenced the design. Repair the system caused by heavy rain events and restore a properly functioning creek. The results of the storm event was to fill the creek with gravel to the point there is no stream channel left and no way for adults or juvenile salmonids to utilize this system. The culvert was replaced in 2003 for this purpose and now is no use. All gravel will be utilized and spread to the sides of the stream as was discussed in previous dialogue. A setback dike will be made to the east of the system to assist in maintaining a creek channel in the future. See the two attachments. 7c. Describe the potential impacts to characteristic uses of the water body. These uses may include fish and aquatic life,water quality, water supply, recreation and aesthetics. Identify proposed actions to avoid, minimize,and mitigate detrimental impacts and provide proper protection of fish and aquatic life. Identify which guidance documents you have used. Attach a separate sheet if additional space is needed. The Hood Canal Salmon Enhancement Group has over the past 18 years the HCSEG has taken the lead in restoring habitat in the Hood Canal Watershed including in excess of 100 projects. We take our stake in these projects very seriously and when a project we have been involved in needs unforeseen repairs, maintenance or just simply tweaks we fill obligated to take care of or assist in the corrective action needed to fix the situation. This is one of those projects and it needs to be taken care of. 7d. For in water construction work,will your project be in compliance with the State of Washington water quality standards for turbidity WAC 173.201A-110? Ex YES ❑ NO (See USEFUL DEFINITIONS AND INSTRUCTIONS) 8. Will the project be constructed in stages? ❑ YES ❑x NO Proposed starting date: ASAP Estimated duration of activity: Two Weeks 9. Check if any temporary or permanent structures will be placed: Reclaim original waterline ❑ Waterward of the ordinary high water mark or line for fresh or tidal waters AND/OR ❑ Waterward of the mean higher high water for tidal waters? 10. Will fill material(rock,fill, bulkhead,or other material) be placed:Yes-Pilings,woody debris and river gravel ❑ Waterward of the ordinary high water mark or line for fresh waters? If YES,VOLUME(cubic yards) 1000CY /AREA (acres) ❑ Waterward of the mean higher high water for tidal waters? If YES,VOLUME(cubic yards) /AREA (acres) 11. Will material be placed in wetlands? ❑ YES Qx NO (Per#10) If YES: A. Impacted area in acres: 210 downstream from the Culvert on Old Belfair Hwy to the Union River �'ul_4tt%)1- 1 tiisiEll IC 1 ,1 1101A vcr.1.5.20061004.0930 2 B. Has a delineation been completed? If YES, please submit with application. ❑ YES Qx NO C.Has a wetland report been prepared? If YES, please submit with application ❑ YES F-x NO D.Type and composition of fill material(e.g.,sand,etc.) Woody debris and river gravel E. Material source: Majority of the material will come from the site F. List all soil series(type of soil)located at the project site,and indicate if they are on the county's list of hydric soils. Soils information can be obtained from the natural Resources Conservation Service(NRCS). Naturally occurring materials from the site G,WILL PROPOSED ACTIVITY CAUSE FLOODING OR DRAINING OF WETLANDS? ❑ YES NO If YES, IMPACTED AREA IS ACRES OF DRAINED WETLANDS. NOTE:If your projectwill impact greater than 1/10 of an acre of wetland,submit a mitigation plan to the Corps and Ecology for approval along with the JARPA form. NOTE:A 401 water quality certification will be required from Ecology in addition to an approved mitigation plan if your project impacts wetlands that are: a)greater than 1110 acre in size, orb)tidal wetlands or wetlands adjacent to tidal water. Please submit the JARPA form and mitigation plan to Ecology for an individual 401 certification if a)orb)applies. 12. Stormwater Compliance for Nationwide Permits Only: This project is(or will be)designed to meet ecology's most current stormwater manual,or an Ecology approved local stormwater manual. Ox YES ❑ NO If YES—Which manual will your project be designed to meet: If NO—For clean water act Section 401 and 404 permits only—Please submit to Ecology for approval,along with this JARPA application,documentation that demonstrates the stormwater runoff from your project or activity will comply with the water quality standards,WAG 173.201 A 13. Will excavation or dredging be required in water or wetlands? 0 YES NO If YES: A. Volume: 1000 (cubic yards) /area (acre) 210 lineal feet B. Composition of material to be removed: River gravel C. Disposal site for excavated material: Protected Stream Bank D. Method of dredging: Back Hoe&small excavator 14. Has the State Environmental Policy Act(SEPA)been completed ❑ YES 0 NO SEPA Lead Agency: Mason county SEPA Decision: DNS,MDNS, EIS,Adoption,Exemption Decision Date(end of comment period) SUBMIT A COPY OF YOUR SEPA DECISION LETTER TO WDFW AS REQUIRED FOR A COMPLETE APPLICATION 15. List other Applications,approvals or certifications from other federal,state or local agencies for any structures, construction discharges or other activities described in the application(i.e,preliminary plat approval, health district approval,building permit, SEPA review,federal energy regulatory commission license(FERC), Forest practices application,etc.). Also, indicate whether work has been completed and indicate all existing work on drawings. NOTE: For use with Corps Nationwide Permits, identify whether our project has or will need an NPDES permit for discharging wastewater and/or stormwater. TYPE OF APPROVAL ISSUING AGENCY IOENTIFICATION DATE OF APPLICATION DATE APPROVED COMPLETED? NO. 16. Has any agency denied approval for the activity you're applying for or for any activity directly related to the activity described herein? ❑ YES Fx NO If YES,explain: SECTION E - Use for Shoreline and Corps of Engineers permits only; 17a. Total cost of project. This means the fair market value of the project, including materials,labor, machine rentals,etc. 17b. If a project or any portion of a project receives funding from a federal agency,that agency is responsible for ESA consultation. Please indicate if you will receive federal funds and what federal agency is providing those funds. See instructions for information on \ a;;ttuu vcc1.5.20061004.0930 3 ESA.* FEDERAL FUNDING ❑ YES 0 NO If YES, please list the federal agency. 18. Local government with jurisdiction: 19. For Corps,Coast Guard and DNR permits, provide names,addresses and telephone numbers of adjoining property owners, lessees, etc. Please note: Shoreline Management Compliance may require additional notice—consult your local government. NAME ADDRESS PHONE NUMBER SECTION C-This section MUST be completed for anv permit covered bV this application 20. Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the information contained in this application,and that to the best of my knowledge and belief,such information is true,complete, and accurate. I further certify that I possess the authority to undertake the proposed activities. I hereby grant to the agencies to which this application is made,the right to enter the above-described location to inspect the proposed, in-progress or completed work. I agree to start work ONLY after all necessary permits have been received. DATE SIGNATU OF APPLICANT 'DA'2�~6$ � DATE low SIGNATURE OF U HORIZ D AGENT 9r0e I HEREBY DESIGNATE /-/C Se- 6" TO ACT AS MY AGENT IN MATTERS RELATED TO THIS APPLICATION FOR PERMIT(S). I UNDERSTAND THAT IF A FEDERAL PERMIT IS ISSUED, I MUST SIGN THE PERMIT. SIGNATURE OF APPLICANT DATE SIGNATURE OF LANDOWNER(EXCEPT PUBLIC ENTITY LANDOWNERS, E.G. DNR) THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND THE AGENT,IF AN AUTHORIZED AGENT IS DESIGNATED. 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. COMPLETED BY LOCAL OFFICIAL A. Nature of the existing shoreline. (Describe type of shoreline,such as marine,stream, lake,lagoon,marsh,bog,swamp,flood plain,floodway,delta;type of beach,such as accretion,erosion,high bank,low bank,or dike; material such as sand,gravel, mud,clay, rock,riprap;and extent and type of buikheading,if any) LLindicate e event that any of the proposed buildings or structures will exceed a height of thirty-five feet above the average grade level, the approximate location of and number of residential units,existing and potential,that will have an obstructed view: e application involves a conditional use or variance, set forth in full that portion of the master program which provides that the ed use may be a conditional use, or,in the case of a variance,from which the variance is being sought: These Agencies are Equal Opportunity and Affirmative Action employers. For special accommodation needs,please contact the appropriate agency in the instructions OPtfccr t�f 1t.�rsultitury_tLY`.:.�ttlllk�.� ''1a 4 ver.1.5,20061004.0930 Application for Streamlined Process for FISH HABITAT ENHANCEMENT PROJECTS Addition to the Joint Aquatic Permit Application Form (JARPA) Under recent laws,you may qualify for a streamlined permit process with no fees,if your project is designed to enhance fish habitat. If your project meets the requirements below,you are entitled to the streamlined Hydraulic Project Approval(HPA) process,exemption from the State Environmental Policy Act,and exemption from all local government permits and fees. To apply for the exemption process,the applicant must provide on the same day,the JARPA form and this cover addition to: the Department of Fish and Wildlife(WDFW)and all applicable Local Government planning and permitting departments. Local governments have 15-days to provide comments to WDFW,who will use these comments to aid them in making decisions(see below for details). APPLICANTS -To QUALIFY for the fish habitat enhancement exemption you must check at least one each from A and B• A)Projects must accomplish one or more of the following fish habitat restoration tasks(check which one applies): X Removal of human-made fish passage barriers;or ❑ Restoration of an eroded or unstable stream bank using bioengineering techniques;or ❑ Placement of woody debris or other in-stream structures that benefit naturally reproducing fish stocks. AND B)Projects must also be approved in one or more of the following ways(check which apply,and provide details as requested): X By WDFW,through the Salmon Enhancement,or Volunteer Cooperative Fish and Wildlife Enhancement Programs;Provide project name,and who at WDFW approved the project_Everson Creek Restoration& Repair ; ❑ By the sponsor of a watershed restoration plan as provided in chapter 89.08RCW;Provide title of plan and date,and approving or sponsoring agency ; ❑ By the Department of Fish and Wildlife as a department-sponsored fish enhancement or restoration project; ❑ Through the review and approval process for the Jobs for the Environment program; ❑ Through the review and approval process for Conservation District sponsored projects,where the project complies with design standards established by the conservation commission through interagency agreement with the United States Fish and Wildlife Service and the Natural Resource Conservation Service;Provide approval date and name of Conservation District approving project ;or ❑ Through a formal grant program established by the legislature or the Department of Fish and Wildlife for fish habitat enhancement or restoration(currently the Dept.of Transportation is handling grant applications—contact Peter Downey at (360)705-7492 for information)Provide grant application date ,and circle status-Approved,Denied,or Pending. To APPLYfor the Exemption—if you have checked a box from both A and B above,complete the following: 1) Submit this cover letter and a complete JARPA form as an application for the fish habitat enhancement exemption to the Local Government planning department,and WDFW. These applications must be submitted on the same day starting a 15-day comment period. If significant concerns are raised during the 15-day comment period regarding adverse impacts that cannot be addressed through HPA conditions,WDFW can determine that the project does not qualify for the exemption process.If this determination is made,the applicant may re-apply to WDFW,the applicable Local Government,and any other applicable permitting agency for approval under the full permitting process. Provide 1)name and number of habitat biologist at WDFW you applied to_Gloria Rogers&Mason County. , and 2)what local government you applied to ; 2) Apply for all other Federal and State permits needed as defined in the JARPA form.(Fill in waters of the state will require a 404 permit from the Corps of Engineers,and possibly a 401 Water Quality Certification from Ecology). 3) The only work covered by the exemption process must be for fish habitat enhancement. If only a piece of your project is for habitat enhancement,the remainder of the project must be covered by the full permitting process. 4) If WDFW determines that your project meets the criteria for the exemption,your project is exempt from SEPA and from local government permits and fees. You will have an answer from WDFW within 45 days of the receipt of this cover letter and complete JARPA form. JARPA\2879form.doc,4/27/98,page 1 of 2 LOCAL GOVERNMENTS: PLEASE NOTE—you only have 15 days to review the projects and provide comments to WDFW or your comments will be considered waived Per the new law, you are responsible for the following: 1. You must accept the JARPA application form and this revised cover addition for project review; 2. If the Local Government chooses to comment on the project,comments(support or objection)must be provided to the WDFW local habitat biologist responsible for the project area within 15-days of receipt of the JARPA form; 3. If determined by WDFW that the project meets the habitat enhancement exemption criteria,SEPA and all local government permits are considered exempt and consistent with the revisions to the WACs,and local government fees are waived. 4. The law determines that"fish habitat enhancement projects that conform to the provisions of the act are determined to be consistent with local-shoreline master programs". DEPARTMENT OFFISH AND WILDLIFE: 1. Upon receipt of a complete JARPA and request for the fish habitat exemption process,review the proposed project plan for compliance with the requirements listed in section 1 and 2 of 2SHB 2879(also listed on page 1,applicant section#A and B). a) If JARPA is incomplete or if it is determined that a project does NOT meet the exemption criteria,contact the applicant and local government planning department and inform them the project does not qualify for the exemption. Return JARPA to the applicant. The applicant may reapply to WDFW,the applicable Local Government and other permitting agencies for approval under the full permitting process. b) If JARPA is complete and the project meets the criteria,start the HPA 45-day exemption process(defined below); I. WDFW must allow 15 days for interested parties,and local governments to provide comments on the project—no approval action can be taken within the first 15 days of receipt of the JARPA; 2. If comments are received,WDFW will decide whether the concerns raised can be mitigated through conditions of the HPA—if yes, continue to#4. If no,WDFW will notify the applicant and applicable Local Government. The applicant may reapply to WDFW,the applicable Local Government and other permitting agencies for approval under the full permitting process; 3. WDFW must approve or deny the HPA,or make a determination that the proposed work does not qualify for the exemption process within 45 days. JARPA\2879form.doc,4/27/98,page 2 of 2 � � N • N � p � � N Hatched area indicates sediment deposition z 80 a One ` 0 Remove ezfsting 4 anooth steel o�lvett and PA1sat and Tams RsYN Properly - Retnovtfaotixidgat rr¢osote treated retaining 2301 NE ON BW*Nwy wkh neosoL treated `'�. >\ vwl 0 BW*,WA 96628 �r f `a•�� being- •\ \ t t E'e v _ I. 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Sta.4+62,EL a 66.6T C Eaisling thalweg Everson Creek e'd steam regraoe l— C et UnionRiverordinay N Y O high water mark W m 100r - U 90 a DATUMEiEV 80 _ _..__ W ?,Q 00 ! ! Design thalweg, e. � 1%slopefrom[uln W 0 outlet to connu nee with V CO Union Rw. .Z V3 aD d (� Go v (h co a' of N 0o OD n Cu If1 d M Aj �� �I O+ O+ IM On Cy' Q' W W 0+00 1+00 2+00 3+00 4+00 Profile 1. Existing thalweg elevations depicted in blue, finished channel elevations depicted in magenta. HN scale: 1" = 50' 4_ u L T- "s �a C o } >yyf L T In c;M6 AP;L 12.2010 j =1 O as R J