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HomeMy WebLinkAboutSHR2008-00022 Hearing - SHR Letters / Memos - 3/12/2009 ��gON Coots A MASON COUNTY Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 - Permit Processing/Inspections/Addressing Elma (360) 482-5269 Mason County Bldg. III 426 W.Cedar 54 P.O. Box 186 Shelton,WA 98584 March 12, 2009 NOTICE OF FINAL DECISION Case Number: Shoreline Substantial Development/Conditional Use, #SHR2008-00022. Applicant: Mason County Public Works Dept Notice is hereby given that the Mason County Public Works Department, applicant for the above referenced Shoreline Permit,has been granted conditional approval of the . project. The Decision was dated 2/23/09 and approves the permit by the Hearing Examiner per the recommended conditions in the staff report. The request for the Shoreline Permit was approved pursuant to the Mason County Development Regulations specifically for the proposed use to reconstruct a portion of Bear Creek Dewatto Road that is within the shoreline jurisdiction of Tiger Lake and its, associated wetlands. If you have any questions or require clarif cation on this issue:please contact Grace Miller,Planner with the Mason County Department of Community Development at•(360) 427-9670,x 360. -" This is a final decision.No further appeals to the County are available. Appeals may be: i made to the appropriate state administrative agency or superior court pursuant to RCW . 36.70C.-It is the appellant's responsibility to meet all legal requirements of any appeal process. 1 -n BEFORE THE HEARING EXAMINER FOR MASON COUNTY m n 2 r� 3 � 0 4 RE: Mason County Public Works FINDINGS OF FACT, CONCLUSIONS Z fa Department OF LAW AND FINAL DECISION Z 5 Shoreline Substantial 6 Development/ Conditional Use Permit 7 (SHR2008-00022) 8 9 INTRODUCTION 10 The applicant has applied for a shoreline substantial development permit and conditional use permit to reconstruct a portion of the Bear Creek Dewatto Road that is 11 within the shoreline jurisdiction of Tiger Lake and its associated wetlands. The 12 Examiner approves the shoreline substantial development permit and the conditional use permit subject to the conditions herein. 13 EXHIBITS 14 15 See Exhibit List attached to the February 2, 2009 staff report. 16 FINDINGS OF FACT Procedural: 17 1. Applicant. The applicant is the Mason County Public Works Department. 18 2. Hearing. The Hearing Examiner conducted a hearing on the subject 19 application on February 10, 2009 at or about 1:00 p.m., in the Mason County 20 Commissioners Meeting Room. The hearing was recorded. 21 Substantive: 22 3. Site/Project Description. The project involves the construction and realignment of 2.7 miles of the Bear Creek Dewatto Road near Tiger Lake and its 23 associated wetlands. Of this area, 1000 feet of the project occurs within an area under 24 the jurisdiction of the Mason County Shoreline Master Program. For the entire project, the estimated excavation quantity is 182,000 cubic yards while estimated fill 25 is 123,000 cubic yards. There will also be installation of 3 major culverts on streams in the area, one being designed for fish passage. The mitigation proposed includes SSD/CUP - Public Works Dept. P. 1 Findings, Conclusions and Decision {BFP702337.DOC;1/13009.900000/} L filling 9,962 square feet of Category III wetlands. The project includes road and 1 shoulder widening, horizontal and vertical curve realignment, guardrail installation 2 and surfacing on the existing roadway. The project is described in detail in Exhibit 3, including site plan. 3 4. Characteristics of the Area. The site is located in the lowlands at the base of the Kitsap peninsula. The topography of the watershed is rolling and lies in the 4 rain shadow of the Olympic Mountains. There are three streams and four seasonally inundated wetlands immediately adjacent to the project, and at its closest point, the 5 road is within 165 feet of Tiger Lake. Adjacent areas are rural and include residences 6 and long term commercial timber resource areas. 7 5. Shoreline Designation. The shoreline designation is Urban Residential. 8 6. Adverse Impacts. The only discernable adverse impacts from the records are impacts to Category III wetlands, which will be filled and altered as a result of the 9 project. Mason County has prepared a wetland mitigation plan (Ex. 6) that staff has 10 found to adequately mitigate all wetland impacts. The wetland mitigation plan was incorporated into the SEPA review for the project. The Washington State 11 Department of Ecology and the Skokomish Tribe both commented on the SEPA review and did not express any concerns over the mitigation plan. Overall, the 12 project does not create any significant adverse impacts as mitigated by SEPA and 13 conditioned in the staff report. 14 CONCLUSIONS OF LAW 15 Procedural: 16 1. Authority of Hearing Examiner. MCC 15.03.050(9) authorizes the Examiner to review and issue a final decision regarding shoreline substantial 1 development permit requests and conditional use permits. 18 Substantive: 19 2. General Review Criteria for Shoreline Substantial Development Permit. 20 The applicant is required to obtain a shoreline substantial development permit for any 21 substantial development within the shoreline jurisdiction. MCC 15.09.055(a). Applications for substantial development permits are subject to review by the Hearing 22 Examiner. MCC 15.09.055(f). The Hearing Examiner bases a decision on a substantial development permit application on the Shoreline Master Program for 23 Mason County ("MCSMP"), and the policies and procedures of Chapter 90.58 RCW, the Shoreline Management Act ("SMA"). MCC 15.09.055(f)(2)(C). A "substantial 24 development" is any development of which the total cost for market value exceeds 25 $5,000 or any development that materially interferes with any normal public use of the water or shorelines of the state. MCC 7.08.010. The proposal requires a Shoreline Substantial Development Permit because the project will exceed $5,000 in SSD/CUP-Public Works Dept. p. 2 Findings, Conclusions and Decision {BFP702337.D0C;1/13009.900000/} cost. This proposal is reviewed under the SW Section for Transportation Facilities 1 and Landfill. In addition, filling activities require a Conditional Use Permit. The 2 applicable review criteria are quoted below, followed by the Examiner's consideration and conclusion of law. 3 Transportation Facilities Policy No. 1: Roads should be located on stable soils, 4 back from a water channel using routes that avoid slumps, wetlands, and natural drainage areas. When this is not possible, corrective stabilization measures should be 5 used. 6 3. According to staff, the project, as proposed, will be partially located on a 7 wetlands and require fill in this area. However, corrective stabilization measures will be used in order to prevent any adverse effects regarding the stability of the soil. 8 Transportation Facilities Policy No. 3: Road locations should be planned to fit the 9 topography so that minimum alterations of natural conditions will be necessary. 10 4. According to staff, the road is in an existing right-of-way corridor, and 11 although some alterations will be necessary to the natural conditions, mitigation measures will provide for the prevention of adverse impacts and restore some of the 12 natural conditions prior to completion of the project. 13 Transportation Facilities Policy No. 8: Roads should be designed, constructed and 14 maintained to minimize erosion and to permit natural movement of ground water and floodwaters to the extent practical. 15 5. According to staff, a permanent stormwater system that will be in 16 compliance with the Department of Ecology's standards will be put into place during 17 the project, and as such will minimize erosion due to stormwater as well as permit the natural movement of ground water. 18 Transportation Facilities Policy No. 9: All debris, overburden and other waste 19 materials from construction should be disposed of in such a way as to prevent their entry by erosion from drainage, high water, or other means into any surface water 20 body. 21 6. The approval will be conditioned on compliance with the above policy, 22 and there is no reason to believe that the project will be undertaken in a manner any less responsible that this policy. 23 Transportation Facilities Policy No. 13: Trail and bicycle systems should be 24 encouraged along shorelines to the maximum extent feasible. 25 7. No trail or bicycle system is proposed or conditioned. However, Policy No. 13 merely encourages and does not mandate trail and bicycle systems. However, SSD/CUP - Public Works Dept. p. 3 Findings, Conclusions and Decision {BFP702337.DOC;1/13009.900000/} due to the widening of the shoulder portion of the road in question, although not a 1 trail or bicycle system, the road will be safer and more conducive to biking activities. 2 Transportation Facilities Policy No. 14: All transportation facilities in shoreline 3 areas should be located, designed, constructed and maintained to cause the least possible adverse impacts on the land and water environments, should respect the 4 natural character of the shoreline and should make every effort to preserve wildlife, 5 aquatic life and their habitats. 6 8. According to staff, the project, as proposed and conditioned, will be constructed to comply with the above policy, as discussed more thoroughly in the 7 other policy and regulation sections. 8 Transportation Facilities Use Regulation No. 6: Excess construction material shall 9 be removed from the shoreline area. 10 9. According to staff, the project, as proposed, will leave no excess construction material on the shoreline area. In addition, this regulation shall be a 11 condition for approval of the project. 12 Transportation Facilities Use Regulation No. 7: Filling of bottom land, tidelands and biological wetlands for road right-of-ways shall be prohibited. Such filling may 13 be considered as a Conditional Use PROVIDED the applicant can demonstrate all of 14 the following a. Extraordinary or unique circumstances relating to the property exist which 15 require the proposed shoreline location. b. No viable alternative using a different method or structural solution exists. 16 10. This use is being considered in this application as a Conditional Use, 17 because there are no viable alternatives to this proposal, and because the unique 18 circumstances of this project are in relation to the road as it currently exists along the shoreline. 19 Transportation Facilities Use Regulation No. 8: All excavation materials and soils 20 exposed to erosion by all phases of road, bridge and culvert work shall be stabilized 21 and protected by seeding, mulching or other effective means both during and after construction. 22 11. According to staff, the project, as proposed, employs mitigation measures 23 to comply with the above criterion. In addition, this regulation shall be a condition to approval of the application. 24 25 Transportation Facilities Use Regulation No. 10: Storm water runoff shall be controlled to reduce suspended solids and other pollutants before entering any surface water body. SSD/CUP - Public Works Dept. p. 4 Findings, Conclusions and Decision {BFP702337.DOC;1/13009.900000/} 1 12. According to staff, permanent stormwater features meeting the 2 Department of Ecology 1992 stormwater manual specifications will be installed. 3 Landfill Policy No. 1: Any permitted fills or shoreline cuts should be designed so that no significant damage to existing ecological values or natural resources, or 4 alteration of local currents will occur, creating a hazard to adjacent life, property 5 ecological values or natural resources. 6 13. Filling activities, as proposed and conditioned, mitigates adverse impacts to the environment. According to staff, permitted fills will be done above the 7 OHWM, and as conditioned, should have no significant damage to values and resources listed in the instant policy. 8 Landfill Policy No. 3: In evaluating fill projects and in designating areas 9 appropriate for fill, such factors as total water surface reduction, navigation 10 restriction, impediment of water flow and circulation, reduction of water quality and destruction of habitat should be considered. 11 14. All fill will be above the OHWM, and therefore, should not affect any of 12 the factors mentioned above. 13 Landfill Use Regulation No. 1: Landfills are prohibited waterward of the ordinary 14 high water mark except that they may be permitted as a Conditional Use for aquacultural practices and water dependent uses where no upland or structural 15 alternative is possible. Landfill in biological wetlands for non-water dependent uses may be permitted. Such fill may be considered as a Conditional use PROVIDED the 16 applicant can demonstrate the following: (I) Extraordinary or unique circumstances relating to the property exist which require the proposed shoreline location; (2) No 17 viable alternative using a different method or structural solution exists. 18 15. The proposed landfill to be conducted in the biological wetlands for non- 19 water dependant use is evaluated in this application as a Conditional Use, because the unique location of the roadway as it currently exists requires the proposed shoreline 20 location, and because there are no viable alternatives for this project. 21 Landfill Use Regulation No. 2: Landfills are not permitted on estuaries, tidelands, 22 marshes, ponds or swamps except that they may be allowed for water dependent uses as a Conditional Use. 23 16. The applicant has met all the condition precedent for filling, which will be 24 considered a Conditional Use. As a road reconstruction, no upland or structural 25 alternative is possible, taking into account that the road already exists. Mitigation measures will be employed to minimize effects to the extent possible. SSD/CUP - Public Works Dept. p. 5 Findings, Conclusions and Decision {BFP702337.DOC;1/13009.900000/1 Landfill Use Regulation No. 3: Landfills are not permitted in floodplains unless it 1 can be clearly demonstrated that the geohydraulic and floodplain storage capacity 2 will not be altered to increase flood hazard or other damage to life or property. 3 17. According to staff, all construction activities will occur above the floodplain or floodway elevation. 4 Landfill Use Regulation No. 4: Landfills shall not disrupt normal surface water 5 drainage. 6 18. The road has been created to avoid disruption of these factors. All other 7 drainage in the area should be unaffected by the project. As noted above, a permanent stormwater system will be installed. 8 Landfill Use Regulation No. 5: Permitted fills shall be appropriately sloped and 9 planted with vegetation to prevent erosion. 10 19. According to staff, the project complies with the above criterion as 11 designed and conditioned by staff. This concern has also been addressed in a condition to approval provided in the staff report. 12 Landfill Use Regulation No. 6: Applications for landfill projects shall include the 13 following information( at a minimum): 14 a. Character and source of fill material; b. Method of placement and compaction; 15 c. Type of surfacing proposed, if any; d. Method of perimeter erosion control; 16 e. Proposed use of fill area; f. Location of fill relative to natural or existing drainage patterns; 17 g. Proposed revegetation andlor landscaping. 18 20. According to staff, the application includes the required information as set 19 forth in the above use regulation. Fill material will be clean gravel borrow from a contractor source approved by Mason County Public Works. During construction the 20 erosion control on the perimeter of the fill will be accomplished by installing silt 21 fencing or a similar barrier. 22 Landfill Use Regulation No. 7: Perimeters of fills shall be provided with vegetation, retaining walls, or other mechanisms for erosion prevention. Any fill on or adjacent 23 to a tideland or shoreline shall be designed to prevent erosion. 24 21. According to staff, the project complies with the above criterion as 25 designed and conditioned by staff. Appropriate measures to prevent and minimize erosions are in place consisting of a combination of rock armoring and willow plants. SSD/CUP - Public Works Dept. p. 6 Findings, Conclusions and Decision (BFP702337.DOC;1/13009.900000/) Landfill Use Regulation No. 8: Fill materials shall be of such quality that they will I not cause degradation of water quality. 2 22. According to staff, the project complies with the above criterion as 3 designed and conditioned by staff. Appropriate measures to prevent and minimize erosions are in place. Clean fill material will be obtained from a source approved by 4 Mason County Public Works. It will be gravel, sand and fines, which meet the 5 Washington Department of Transportation's specification for road fill material. 6 Conditional Uses 7 MCC 7.28.010(1): That the proposed use will be consistent with the policies of RCW 90.58 and the policies of the master program; 8 23. The proposed project is construction and improvement of an existing 9 roadway. The project will maintain and improve public access to the shoreline. The 10 project includes the widening of the shoulder areas, which will improve safety for traffic using the road, as well as any potential bicyclists. The project will also include 11 the creation and reestablishment of 21,631 square feet of wetland, 13,677 square feet of buffer enhancement and 47,990 square feet of buffer preservation. All work for 12 the road will take place above ordinary high water (OHW). The only work below OHW will be the construction of the culverts. The work in the water will take place 13 between July 15 and October 31 in order to avoid impacts to the salmonids. The new 14 bridge has been designed to withstand the 500-year flood. In addition, the project complies with the County's SMA, which reflects the necessary policies of Chapter 15 90.58 RCW for a shoreline that is not designated as being of statewide significance. 16 MCC 7.28.010(2): That the proposed use will not interfere with the normal public 17 use of the shorelines; 18 24. This project will not interfere with the normal public use of the shoreline because it will be constructed in an area with an existing roadway, and will only 19 provide better thoroughfare and access to the shorelines. 20 MCC 7.28.010(3): That the proposed use of the site and design of the project will be 21 compatible with other permitted uses within the area; 22 25. The site is an existing County road. Adjacent properties are primarily rural residential and industrial forestland. No significant aesthetic impact will occur other 23 than the road appearing wider and newly paved. 24 MCC 7.28.010(4): That the proposed use will cause no unreasonable adverse effects 25 to the shoreline environment in which it is to be located, SSD/CUP- Public Works Dept. p. 7 Findings, Conclusions and Decision {BFP702337.DOC;1/13009.900000/} 26. As noted above, sediment, erosion and stormwater controls will be 1 installed and maintained during construction and kept in place until newly-planted 2 vegetation stabilizes disturbed soils. No waste materials will be discharged to surface water or into the ground by this project. Contaminants will be isolated from aquatic 3 habitats and handled in accordance with state standards. Staging areas for construction will be located away from sensitive habitats, including streams and 4 wetlands to the greatest extent feasible. The completed project has been designed to meet the Department of Ecology's 1992 Stormwater Manual for Western Washington 5 standards. No work will take place within the wetted perimeter of the stream. 6 MCC 7.28.010(5): That the public interest suffers no substantial detrimental effect. 7 27. The road construction will provide no detriment to the public interest, as it 8 will improve the already existing roadway, and widen the shoulder, providing safer 9 driving conditions for the public. 10 Additional Review Criteria 11 MMC 15.09.050 Type III review 12 (1) The development does not conflict with the comprehensive plan and meets the 13 requirements and intent of the Mason County Code, especially Titles 6, 8, and 16. 14 28. The policies of the Mason County Shoreline Master Program are considered part of the Mason County Comprehensive Plan, as specified in RCW 15 36.70A.480. Those policies, the most directly applicable of the Comprehensive Plan, are consistent with the development proposal as discussed extensively throughout this 16 decision. The proposal does not conflict with the Comprehensive Plan. Title Nos. 6 and 16 do not apply for this particular proposal. The project is also consistent with 17 the Mason County Code and has gone through SEPA review as required by Title 8. 18 (2) The development does not impact the public health, safety and welfare and is in 19 the public interest. 20 29. The proposed project will enhance public health, safety, and welfare by 21 improving traffic, first response, and evacuation routes while minimizing environmental impacts, due to the construction widening and improving the already existing roadway. 23 (3) The development does not lower the level of service of transportation and/or neighborhood park facilities below the minimum standards established within the 24 comprehensive plan. If the development results in a level of service lower than those 25 set forth in the comprehensive plan, the development may be approved if improvements or strategies to raise the level of service above the minimum standard are made concurrent with the development. For the purpose of this section, SSD/CUP-Public Works Dept. p. 8 Findings, Conclusions and Decision {BFP702337.DOC:1/13009.900000/} "concurrent with the development" is defined as the required improvements or 1 strategies in place at the time of occupancy, or a financial commitment is in place to 2 complete the improvements or strategies within six years of approval of the development. 3 30. This project, a road construction, will not lower the level of service for 4 transportation or park facilities, but will likely increase the service level by providing 5 shoulder widening and general improvements to the section of road proposed. 6 DECISION 7 The Examiner approves the requested shoreline substantial development and conditional use permit, subject to the conditions recommended by staff in the staff 8 report for SHR 2008-00022 and the conditions of the Mitigated Determination of 9 Nonsignificance for the project. 10 Dated this 23rd day of February 2009. 11 12 13 hil A. Olbrechts 14 Mason County Hearing Examiner 15 16 17 18 19 20 21 22 23 24 25 SSD/CUP -Public Works Dept. P. 9 Findings, Conclusions and Decision {BFP702337.DOC;1/13009.900000/} February 2,2009 TO:MASON COUNTY HEARINGS EXAMINER FROM: PLANNING STAFF,GRACE MILLER RE: SHORELINE PERMIT#SHR2008-00022 REQUEST BY MASON COUNTY PUBLIC WORKS TO RE-CONSTRUCT A PORTION OF A COUNTY ROAD. STAFF REPORT I. INTRODUCTION. This report evaluates a Shoreline Substantial Development/Conditional Use Permit to re-construct a portion of the Bear Creek Dewatto Road that is within the shoreline jurisdiction of Tiger lake and its associated wetlands. Il. APPLICANT. The applicant is the Mason County Public Works Department. III. LOCATION. The project is located at milepost 7.3 to 10.0 on the Bear Creek Dewatto Road.A portion of the project lies within the shoreline jurisdiction of Tiger Lake and its associated wetlands. Sections 5, 8 and 9,Township 23 N,R 1 W. The parcel number is 12305-00-60010. III. PROJECT DESCRIPTION.The project involves the construction and realingnment of 2.7 miles of the Bear Creek Dewatto Road,near Tiger Lake and its associated wetlands.Of this area, 1000 feet of the project(from Sta 37+00 to Sta.47+00)occurs within an area under the jurisdiction of the Mason County Shoreline Master Program.For the entire project,the estimated excavation quantity is 182,000 cy while estimated fill is 123,000 cy.Installation of 3 major culverts on streams in the area,one being designed for fish passage.Mitigation proposed for filling of 9,962 sf of category III wetland. The project includes road and shoulder widening,horizontal and vertical curve realignment,guardrail installation and surfacing on the existing road. Under Mason County Environmental Permit#MEP2008-00077, there will be a separate administrative review of those portions of the project outside the shoreline jurisdiction.Included in the review is 6,100 feet of major horizontal realignment as well as decommissioning 5,000 feet of existing road. 5,260 feet of existing road will be widened on its current alignment.Finally 700 feet of new construction will be needed to connect the realigned road to a current intersection with the Bear Creek Dewatto Road.The project is necessary to bring the road up to current safety standards.The first phase of the project is planned for summer 2009.The project will be completed in 2010. EVALUATION. A. CHARACTERISTICS OF THE SITE AND AREA:The site is located in the lowlands at the base of the Kitsap peninsula.The topography of the watershed is rolling and lies in the rain shadow of the Olympic Mountains. Over the entire project,there are three streams and four seasonally inundated wetlands immediately adjacent to the project.At its closest point,the road is within 165 feet of Tiger Lake. Adjacent areas are rural and include residences and long term commercial timber resource areas. B. SHORELINE DESIGNATION:The shoreline designation of Tiger Lake and its associated wetlands is Urban Residential. C. ZONING:The project is within county road right-of-way within Rural Residential 5 zoning. 1 D. COMPREHENSIVE PLAN:The Comprehensive Plan designation is a Rural Area. E. SEPA COMPLIANCE.A Mitigated Determination of Nonsignificance was issued on December 4, 2008.The SEPA checklist and Wetland Mitigation Plan addressed the entire project and include the area within shoreline jurisdiction.Comments regarding this determination were received from the Dept of Ecology and the Skokomish Tribe and are attached as Exhibit 5. F. OTHER PERMITS.This project requires Hydraulic Project Approval from the Dept of Fish& Wildlife,and a 404 permit from the US Army Corps of Engineers. IV. ANALYSIS. A. COMPREHENSIVE PLAN REVIEW: Type III Review for permit applications require that the Hearing Examiner evaluate the proposal for consistency with the County's Development Code,adopted plans and regulations.The Hearing Examiner shall review the proposal according to the following criteria: 1)The development does not conflict with the Comprehensive Plan and meets the requirements and intent of the Mason County Code,especially Title 6, 8 and 16. 2)The development does not impact the public health,safety and welfare and is in the public interest. 3)The development does not lower the level of service of transportation and/or neighborhood park facilities below the minimum standards established within the Comprehensive Plan and meets the requirements and intent of the Mason County Code. Staff has found that the proposal is consistent with the comprehensive plan review criteria. B. SHORELINE MASTER PROGRAM REVIEW: The proposal requires a Shoreline Substantial Development Permit because the value exceeds$5718.The Transportation 7.16.160,Landfill 7.16.130 and Conditional Use Chapters of the Shoreline Master Program were used in the review the project.The applicable Policies and Use Regulations of the Chapters follow: Transportation Chapter 7.16.160-, TRANSPORTATION POLICIES: 1. Roads should be located on stable soils,back from a water channel using routes that avoid slumps, wetlands,and natural drainage areas.When this is not possible,corrective stabilization measures should be used. 3. Road locations should be planned to fit the topography so that minimum alterations of natural conditions will be necessary. 5. Roads located within wetland areas should be designed and maintained to prevent erosion and to permit the natural movement of ground water. 8. Roads should be designed,constructed and maintained to minimize erosion and to permit natural movement of ground water and floodwaters to the extent practical. 9. All debris,overburden and other waste materials from construction should be disposed of in such a way as to prevent their entry by erosion from drainage,high water,or other means into any surface water body. 10. Waterway crossings should be designed and constructed to maintain normal geohydraulic processes,as well as to minimize interruption of flood water flow. 14. All transportation facilities in shoreline areas should be located,designed,constructed and maintained to cause the least possible adverse impacts on the land and water environments,should respect the natural character of the shoreline and should make every effort to preserve wildlife,aquatic life and their habitats. 2 TRANSPORTATION USE REGULATIONS: 5. Excess construction materials shall be removed from the shoreline area. 6. Filling of bottom lands,tidelands and biological wetlands for road right-of-ways shall be prohibited. Such filling may be considered as a Conditional Use PROVIDED the applicant can demonstrate all of the following: a. Extraordinary or unique circumstances relating to the property exist which require the proposed shoreline location. b. No viable alternative using a different method or structural solution exists. 7. All excavation materials and soils exposed to erosion by all phases of road,bridge and culvert work shall be stabilized and protected by seeding,mulching or other effective means both during and after construction. 9. Storm water runoff shall be controlled to reduce suspended solids and other pollutants before entering any surface water body. As proposed,the project meets all of the policies and use regulations of the Transportation Chapter. At its closest point,the road is within 165 feet of Tiger Lake.Any potential erosion will be controlled through the installation of appropriate BMP's such as silt fencing and straw bale check dams during construction.Exposed slopes will be protected by using appropriate cover such as plastic sheeting,straw mulch and hydroseeding. Permanent stormwater features meeting the department of Ecology 1992 stormwater manual will be installed. LANFDFILL POLICIES: 1. Any permitted fills or shoreline cuts should be designed so that no significant damage to existing ecological values or natural resources,or alteration of local currents will occur,creating a hazard to adjacent life,property ecological values,or natural resources. 2. Priority should be given to landfills for water dependent uses. 3. In evaluating fill projects and in designating areas appropriate for fill,such factors as total water surface reduction,navigation restriction,impediment of water flow and circulation,reduction of water quality and destruction of habitat should be considered. LANDFILL USE REGULATIONS: 1. Landfills are prohibited waterward of the ordinary high water mark except that they may be permitted as a Conditional use for aquacultural practices and water dependent uses where no upland or structural alternative is possible.Landfill in biological wetlands for non-water dependent uses may be permitted. Such fill may be considered as a Conditional use PROVIDED the applicant can demonstrate the following: (1)Extraordinary or unique circumstances relating to the property exist which require the proposed shoreline location;(2)No viable alternative using a different method or structural solution exists. 2. Landfills are not permitted on estuaries,tidelands,marshes,ponds or swamps except that they may be allowed for water dependent uses as a Conditional Use. 3. Landfills are not permitted in floodplains unless it can be clearly demonstrated that the geohydraulic and floodplain storage capacity will not be altered to increase flood hazard or other damage to life or property. 4. Landfills shall not disrupt normal surface water drainage. 5. Permitted fills shall be appropriately sloped and planted with vegetation to prevent erosion. 6. Applications for landfill projects shall include the following information(at a minimum): a. Character and source of fill material; b. Method of placement and compaction; c. Type of surfacing proposed,if any; d. Method of perimeter erosion control; 3 e. Proposed use of fill area; f. Location of fill relative to natural or existing drainage patterns; g. Proposed revegetation and/or landscaping. 7. Perimeters of fills shall be provided with vegetation,retaining walls,or other mechanisms for erosion prevention.Any fill on or adjacent to a tideland or shoreline shall be designed to prevent erosion. 8. Fill materials shall be of such quality that they will not cause degredation of water quality. Filter fabric fence and/or straw bales will be installed as needed to prevent transport of sediment into waterways due to storm events during construction.A pollution spill kit will be on site to control fuel/fluid spills.Ditchlines will contain retention swales to control sediment transport. Construction activity will be restricted to daylight hours only.There will be normal noise from road construction equipment. The CONDITIONAL USE PERMIT CRITERIA has been adequately addressed as follows: 1. The proposed use will be consistent with the policies of RCW 90.58 and the policies of the Master Program The proposed project is the re-alignment of an existing road for safety purposes. It will maintain and improve public access to the Tiger Lake shoreline.The work will take place during the summer of 2009 in order to avoid impacts to the wetlands. 2. The proposed use will not interfere with the normal public use of the shoreline.The road replacement will enhance the public's use of the shoreline.The project improves on a use previously established for the shoreline with the construction of Bear Creek Dewatto Road. 3. Proposed use of the site and design of the project will be compatible with other permitted uses within the area.The site is an existing County road.Adjacent properties are primarily rural residential.No aesthetic impacts will occur other than the road may appear more modern. 4. The proposed use will cause no unreasonable adverse effects to the shoreline environment in which it is to be located.Sediment,erosion and stormwater controls will be installed and maintained during construction and kept in place until newly-planted vegetation stabilizes disturbed soils.No waste materials will be discharged to surface water or into the ground by this project.Contaminants will be isolated from aquatic habitats and handled in accordance with state standards. Staging areas for construction will be located away from sensitive habitats,including streams and wetlands to the greatest extent feasible. 5. The public interest will suffer no detrimental effect.The Bear Creek Dewatto Road is existing and is to be realigned.The project will correct the narrow traffic lanes as well as provide permanent stormwater features meeting the Dept of Ecology's 1992 stormwater manual. The project goal is to improve public safety while minimizing environmental impacts. There have been no public comments submitted to date.As conditioned,the proposal is consistent with the policies and use regulations of the Mason County Shoreline Master Program and the Comprehensive Plan. Staff recommends conditional approval of the permit with the following conditions: 1) All debris,overburden and other waste materials from construction will be disposed of in such a manner as to prevent their entry by erosion from drainage into any water body.(Per Use Reg.#1 of Transportation Chapter). 2) The portion of Mitigation Plan proposed by Public Works,dated October 2008,that is to mitigate for impacts within the shoreline jurisdiction of Tiger Lake to be implemented throughout the project development.The mitigation proposed would compensate for impacts to the associated wetlands adjacent to the existing road. 4 3) The applicable portion of the Mitigation Plan includes the creation and reestablishment of wetland and buffer enhancement and preservation.The Maintenance and Contingency Plan and the Monitoring Plan shall be implemented as proposed. 4) Water quality is not to be degraded to the detriment of the aquatic environment as a result of this project. 5) Demolition debris is to be safely managed especially if it contains possible dangerous materials. Applicant is encouraged to reuse or recycle all possible leftover construction materials and reduce waste generated. (per EPA comments from DOE)). V. CHOICE OF ACTION. 1) Approval of permit request. 2) Conditional approval of permit request. 3) Denial of permit request. 4) Postpone for further information. 5 LIST OF EXHIBITS: 1. Staff Report. 2. Application. 3. Site plans(3) 4. Public Notice 5. SEPA and comments. 6. Wetland Mitigation Plan with site plans MASON COUNTY DEPARTMENT Or COMMUNITY DEVELOPMENT t Courthouse Annex III,426 W.Cedar P.O.Box 279,Shelton,WA 98584 (360)427-9670 THE SHORELINE PERMIT APPLICATION PERMIT NO. SHORELINE SUBSTANTIAL DEVELOPMENT X SHORELINE VARIANCE DATE RECEIVED - ,C SHORELINE CONDITIONAL USE EXEMPTION The Washington State Shoreline Management Act(RCW 90.58)requires that substantial developments within designated shorelines of the state comply with its administrative procedures(WAC 173-14)and the provisions of the Mason County Shoreline Management Master Program. The purpose of this Act and local program is to protect the staWs shoreline resources. The program requires that substantial development(any development of which the total cost or fair market value exceeds$5,000 or materially interferes with the normal public use of the water or shorelines of the State)be reviewed with the goals,policies,and performance standards established in the Master Program. Answer all questions completely. Attach any additional information that may further describe the proposed development. APPLICANT: Mason County Department of Public Works ADDRESS: PO Box 1850 (Street) Shelton Washington 98584 (City) (State) (Zip) TELEPHONE: (Home): (Business): (360)427-9670 ext. 748 AUTHORIZED REPRESENTATIVE: Rick Hirschberg Project Support Services Manager ADDRESS: Same as above (Street) (City) (State) (zip) PROPERTY DESCRIPTION General Location(include property address,water body and associated wetlands-identify the name of the shoreline): The project is located at milepost 7.3 to 10.0 on the Bear Creek Dewatto Road The project lies within the shoreline of Tiger Lake and its associated wetlands. Legal Description(include quarter section,township,range,to the nearest quarter,quarter section or latitude and longitude to the nearest minute. Projects located in open water areas away from land shall provide a longitude location)—include all parcel numbers Sections 5 8 and 9 Township 23 N Range 1 W WM Mason County Washington. OWNERSHIP Contract Other Applicant Owner X Lessee Purchaser (Identify) Owner: Mason County Public Works — 415 North 6`h Street (Street) Shelton WA 98584 (City) (State) (Zip) The Shoreline Permit Application Page 2 DEVELOPMENT DESCRIPTION Development(identify and describe the proposed project,including the type of materials to be used,construction methods,principal dimensions,and other pertinent information): The total project involves the realignment of 2.7 miles of the Bear Creek Dewatto Road Of this area 1.000 feet of the project(from Sta. 37+00 to Sta. 47+00)occurs within an area under the jurisdiction of the Mason County Shorelines Master Program Please refer to attached drawing. Use(identify current use of property with existing improvements: Property is a County Road. Reason for requesting development:The project will bring the road up to current design and safety standards. ACKNOWLEDGMENT I hereby declare,to the best of my knowledge and belief,the foregoing information and all attached information is true and correct. October 20 2008 (Applicant or Authorized esentative) (Date) ------—---------—__----- ----- -------------------- ------------------ TO BE COMPLETED BY LOCAL OFFICIAL Identify and describe existing features of the site and surrounding area. If proposed structures will exceed a height of 35 feet above the existing grade level,indicate the location of any residential units that will have an obstructed view. J�A�SZ C L)Se� If a Conditional Use or Variance is requested,make reference to the approopriaatte-section in the Master Proms. � fl ,� C?A 8 SECTION 5, 8 AND 9, TOWNSHIP 23 NORTH, RANGE 1 TEST W Ail. rp Y. - 0111E I m1 I eH MASON COUNTY PUBLIC WORKS COUNTY ROAD NO.79800 WETLAND MITIGATION acme P.O.BOX 1850 yP, COUNTY ENGINEER 415 N.SD(TN STREET BEAR CREEK-DEWATTO ROAD MP 7,30•MP 10.00 P2 SHELTON,WASHINGTON 98584 COUNTY ROAD PROJECT# 1563 or (360)427-9670 ROADWAY PLAN P-18 Lill, SECTION 5, 8 _ MMNSHIP 23 NORTH, RANGE 1 OUST, W.M. K h f`J i 1 - sod. 1 400• '�;-•' MASON COUNTY PUBLIC WORKS COUNTY ROAD NO.79800 WETLAND MITIGATION P.O.BOX 1850 � COUNTY ENGINEER 415 N.SIXTH STREET BEAR CREEK-DEWATTO ROAD MP 7.30-MP 30.00 P SHELTO(W)427-9670 98564 COUNTY ROAD PRO)ECT# 1%3 ov (360)427-9670 VICINITY MAP P-18 5L PL4N Z MASON COUNTY PUBLIC WORKS BEAR CREEK DEWATTO ROAD REALIGNMENT WETLAND B, IMPACTS = 8710 FT SIr 370—y-7 - v4ovoli•+J Sd� oN i ol s ol ol D CONTIN E r WETLAND �✓ TLAND CONTINU S v3. OPEN WA j/ IMPACTED WETLAND WETLAND i DAIS 81 RFVL51pt6 DAIL HY MASON COUNTY PUBLIC WORKS COUNTY ROAD NO.79800 WETLAND MMGATION n cou P.O.BOX 1850 COUNTY ENGINEER 415 N.SIXTH STREET BEAR CREEK-DEWATTO ROAD SHEET" SHELTON,WASHINGTON 98584 MP 7.30-MP 10.00 P�8 (360)427-9670 COUNTY ROAD PROJECT# 150 IMPACTED WETLAND °F P-1188 W S11-6-Pt-kv*3 W 1!5x. y �0N-STgTF° MASON COUNTY �P C DEPARTMENT OF COMMUNITY DEVELOPMENT O A N rN Planning Division N Y y P O Box 279, Shelton, WA 98584 (360)427-9670 1864 SHR2008-00022 NOTICE OF SHORELINE MANAGEMENT PERMIT Notice is hereby given that MASON COUNTY PUBLIC WORKS, who is the owner of the described property, has filed an application for a Shoreline Management Permit for the development of: Realignment of approximately 2.7 miles of Bearcreek Dewatto Rd Site Address: NE BEARCREEK DEWATTO RD BELFAIR Parcel Number: 123050060010 Location of Project: St Rt 3 to Belfair, L on St Rt 300, straight onto Old Belfair Hwy, L on Bear Creek Dewatto Rd Within: Section55, 8 &MDwnship: 23 N Range: 1 W, W.M. in , Mason County Washington. Said development is proposed within Tiger Lake and/or its associated wetlands. Any person desiring to express their view or to be notified of the action taken on the application should notify: MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT P O BOX 279 SHELTON,WA 98584 in writing of their interest. The comment period is at least 30 days from the final date of publication given pursuant to WAC 173-14-020. The final date of publication, posting, or mailing of notice is 12/11/2008. Written comments will be accepted up to the date of the hearing. A public hearing will be held on this permit request. Contact this office at(360)427-9670, ext. 360 for date and time of hearing. A Determination of Nonsignificance was issued on 12/4/2008 under WAC 197-11-340. Written comments regarding this determination must be received by 12/18/2008. SHR2008-00022 ON-STAT� MASON COUNTY 4P5 hoc �� DEPARTMENT OF COMMUNITY DEVELOPMENT O o ° AS �= Planning Division ° Y 0 P O Box 279, Shelton, WA 98584 ly OD (360)427-9670 186A MITIGATED DETERMINATION OF NONSIGNIFICANCE (WAC 197-11-350) SEP2008-00153 Description of Proposal: Construct and realign 2.7 miles of Bear Creek Dewatto Road, near Tiger Lake and its associated wetlands. Estimated excavation quantity is 182,000 cy while estimated fill is 123, 000 cy. Install 3 major culverts on streams in the area, one being designed for fish passage. Mitigation proposed for filling of 9,962 sf of category III wetland. Proponent: MASON COUNTY PUBLIC WORKS Site Address (If Assigned): NE BEARCREEK DEWATTO RD BELFAIR Directions to Site: St Rt 3 to Belfair, L on St Rt 300, straight onto Old Belfair Hwy, L on Bearcreek Dewatto Rd approx. 4 miles. Parcel Number: 123050060010 Legal Description: COUNTY R/W 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. 360 with any questions. This DNS is issued under WAC 197-11-340(2). The Lead Agency will 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 12/18/2008. Appeal of this determination must be filed within a 14-day period following this final determination date, per Mason County Code Chapter 15.11 Appeals. Authori of d Local Government Official -Date �O-E - t✓hv,�oc rc�cN � u5 - !s l.JDFw-Gl6na Rogers A 1.(ch/u-r- CkS MITIGATED DETERMINATION OF NONSIGNIFICANCE (WAC 197-11-350) SEP2008-00153 CONDITIONS OF THIS DETERMINATION 1) The Mitigation Plan, dated October 2008, proposed by the Mason County Public Works Department, must be implemented throughout project development. The mitigation proposed would compensate for impacts to four wetlands adjacent to the existing road and connect a previously intact wetland which was divided by the construction of the existing road. 2) The Mitigation Plan includes the creation and reestablishment of 21,631 square feet of wetland, 13,677 square feet of buffer enhancement and 47,990 square feet of buffer preservation. The Maintenance and Contingency Plan and the Monitoring Plan shall be implemented as proposed. 3) Water quality is not to be degraded to the detriment of the aquatic environment as a result of this project. TO BE COMPLETED BY APPLICANT : EVALUATION FOR AGENCY USE ONLY A. BACKGROUND 1. Name of proposed project, if applicable: Bear Creek Dewatto Road Realignment 2. Name of applicant: Mason County Department of Public Works 3.Address and phone number of applicant and contact person: Attn: Rick Hirschberg Mason County Department of Public Works P.O. Box 1850 Shelton,WA 98584 Telephone: (360)427-9670 ext.748 4. Date checklist prepared: October 15, 2008 5.Agency requesting checklist: Mason County Department of Community Development 6. Proposed timing or schedule(including phasing, if applicable): The proposed work is scheduled for summer, 2009 and 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 this proposal. Environmental Classification Summary(ECS)-Washington Department of Transportation 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. None known 10. List any government approvals or permits that will be needed for your proposal, if known. Mason County—Shorelines Substantial Development Permit, WDFW—HPA, Corps of Engineers-404 permit 11111111 TO BE COMPLETED BY APPLICANT : EVALUATION FOR AGENCY USE ONLY 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.) Construct and realign 2.7 miles of county road in northeastern Mason County on the Bear Creek Dewatto Road, near Tiger Lake. Estimated excavation quantity is 182,000 cubic yards,while estimated fill is 123,000 cubic yards. Install three major culverts on streams in the area,one being designed for fish passage.The project will cause filling of 9,962 square feet of Category III wetland. Approximately 4,700 lineal feet of existing road will be decommissioned. This involves asphalt removal and scarifying to a depth of one foot. Work to be accomplished with excavators, crawler tractors and dump trucks. 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. Bear Creek Dewatto Road at MP 7.3 to 10.0 in sections 5,8 and 9,Twp. 23 north, Rge. 1 west,WM B. ENVIRONMENTAL ELEMENTS: 1. EARTH: a. General description of the site(circle one): fla rollin hilly, steep slopes, mountainous, other b. What is the steepest slope on the site(approximate percent slope)? SLOPES:Some natural banks are approximately 20% 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. The Mason County soil survey lists the soils as:Alderwood gravelly sandy loam, 5-15%slopes, Everett gravelly loamy sand, 15-30%slopes, Everett gravelly sandy loam,5-15%slopes and Mukilteo peat,0-2% slopes. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so,describe. No e. Describe the purpose,type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Excavation for the project will total 182,000 cubic yards. Fill will amount to 123,000 cubic yards. Fill to be obtained from approved upland pits. f. Could erosion occur as a result of clearing, construction,or use? If so, generally describe. Any potential erosion would be controlled through the installation of appropriate BMPs such as silt check dams Burin construction. Exposed slopes will be protected b using fencing and straw bale the g p p P Y 9 22222222 TO BE COMPLETED BY APPLICANT : EVALUATION FOR AGENCY USE ONLY appropriate cover eg: plastic sheeting,straw mulch, hydroseeding. Permanent stormwater features meeting the Department of Ecology's 1992 stormwater manual will be installed. g. About what percent of the site will be covered with impervious surfaces after project constructions(for example, asphalt or buildings)? Wider paved road lanes along the new alignment less the road,which will be decommissioned,will create 50,740 square feet of new asphalt. This represents a 25%increase in impervious surface. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Installation of silt fencing, plastic sheeting,straw mulch, hydroseeding and straw bale check dams as needed during construction. 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. The primary emission would be equipment exhaust and dust during construction. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. None known c. Proposed measures to reduce or control emissions or other impacts to air, if any: None proposed 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. There are three streams (all intermittent)and four seasonally inundated wetlands immediately adjacent to the project. At its closest point,the road is within 165 feet of Tiger Lake. 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. Please refer to attached 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. 33333333 TO BE COMPLETED BY APPLICANT : EVALUATION FOR AGENCY USE ONLY No dredging is required for the project. Approximately 9,962 square feet of wetlands will be filled. Fill for the three stream crossings will amount to approximately 137 cubic yards below ordinary high water. All fill will come from approved upland sources. 4)Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No. 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,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. Not applicable. 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 water flow into other waters? If so, describe. Rain/storm water is the only source of runoff. It will occur as sheet-flow running off the surface of the road into the ditch line. The ditch lines, in turn,will drain into the natural drainages in the area. 2)Could waste materials enter ground or surface waters? If so, generally describe. Possible gas, oil or diesel spillage during equipment maintenance and refueling operations d. Proposed measures to reduce or control surface,ground, and runoff water impacts, if any: Filter fabric fence and/or straw bales will be installed as needed to prevent transport of sediment into waterways due to storm events during construction. A pollution spill kit will be on site to control fuel/fluid spills. Ditchlines will contain retention swales to control sediment transport. 44444444 kX 5 TO BE COMPLETED BY APPLICANT : EVALUATION FOR AGENCY USE ONLY 4. PLANTS: a. Check or circle types of vegetation found on the site: ,(deciduous tree: alder, maple,aspen, other /evergreen tree: fir, cedar, pine,other ,/shrubs ./ grass pasture _crop or grain ./ wet soil plants: cattail, buttercup,bulrush, skunk cabbage, others water plants: water lily, eelgrass, milfoil, other other types of vegetation: b. What kind and amount of vegetation will be removed or altered? Shrubs, grasses and mature trees will be cleared from the right of way in order to build the road. c. List threatened or endangered species known to be on or near the site. There is no documented presence of threatened or endangered species in the project area. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: None proposed. 5.ANIMALS a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: birds: hawk, heron, eagle, songbirds, other:_ mammals: deer, bear,elk, beaver,other fish: bass, salmon,trout, herring s"^"fc" othe b. List any threatened or endangered species known to be on or near the site. None c. Is the site part of a migration route? If so, explain Unknown. d. Proposed measures to preserve or enhance wildlife, if any: None proposed. 55555555 TO BE COMPLETED BY APPLICANT : EVALUATION FOR AGENCY USE ONLY 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 required 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: None 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. Only those associated with refueling and servicing the construction equipment. 1) Describe special emergency services that might be required. Emergency medical or traffic control in case of an accident. 2) Proposed measures to reduce or control environmental health hazards, if any: Normal construction safety standards and MUTCD Traffic Control Standards will be enforced. b. Noise. 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, and operation, other)? Indicate what hours noise would come from the site Normal noise from road construction equipment. Construction activity will be restricted to daylight hours. 3) Proposed measures to reduce or control noise impacts, if any: Mufflers standard on equipment. Restrict work to daylight hours only. 66666666 TO BE COMPLETED BY APPLICANT : EVALUATION FOR AGENCY USE ONLY 8. LAND AND SHORELINE USE: a. What is the current use of the site and adjacent properties? Current site is a county road. No structures exist on the property other than the road. Adjacent areas are rural and include residences and long term commercial timber resource areas. b. Has the site been used for agriculture? If so, describe. No b. Describe any structures on the site. A county road. d. Will any structures be demolished? If so,what? 5,270 feet of the existing road will be widened and realigned. 6,100 feet of new road will be constructed and 4,700 feet of existing road will be decommissioned. e. What is the current zoning classification of the site? NA f. What is the current comprehensive plan designation of the site? Rural residential-5-acre lot minimum and rural residential 20-acre lot minimum. g. If applicable,what is the current shoreline master program designation of the site? Urban residential h. Has any part of the site been classified as an"environmentally sensitive"area? If so, specify. There are three riparian corridors associated with the three stream crossings. Four wetlands will be impacted by the project. i. Approximately how many people would reside or work in the completed project? None j. Approximately how many people would the completed project displace? None k. Proposed measures to avoid or reduce displacement impacts, if any: None applicable 77777777 TO BE COMPLETED BY APPLICANT : EVALUATION FOR AGENCY USE ONLY I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Project will not change the surrounding land use. 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? Guardrail will be three feet above the running surface of the road. b. What views in the immediate vicinity would be altered or obstructed? None c. Proposed measures to reduce or control aesthetic impacts, if any: Revegetate exposed soils 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 88888888 TO BE COMPLETED BY APPLICANT : EVALUATION FOR AGENCY USE ONLY d. Proposed measures to reduce or control light and glare impacts, if any: None a. What designated and informal recreational opportunities are in the immediate vicinity? Hunting,fishing and boating. b. Would the proposed project displace any existing recreational uses? If so,describe. No c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None applicable 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 known b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None known 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. Bear Creek Dewatto Road. 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. Yes c. How many parking spaces would the completed project have? How many would the project eliminate? None 99999999 OTOTOTOTOTOTOTOT ,1 a/ pa:g!wgnS a;ea :ajn;eu613 •uolsloop s;!alew o;way;uo 6uiAlai s!Aoua6e peal ayl;ey;pue;saapun 1 •a6palmoul Aw 1o;seq ay;o;a;aldwoo pue ani;aje sJannsue anoge ayl :3mnIVNJIS'L 6 auoN :papaeu aq ly6!w g014M Aj!uloln alelpawwl ay;ul Jo al!s ay;uo sag!ngoe uogonulsuoo lejau96 ay;pue'ao!nM ay;6u!p!noid Aj!l!ln ay;'loefoid ay;jol pasodoid aie leyl sall!lgn ay;aquosaa -q •Aj!o!j;oala pue auoydalal :jaglo`welsAs olldas 'jamas tiel!ues 'auoydalal'aowas asnlaj 'aalem'se6 leinleu 'Al!ouloala :el!s ayl le algel!ene Alluaiino sa!l!l!ln alo.no -e :S3uniif1 '9l. auoN :Aue 1! 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'sloedw!uo!lelJodsuejl laluoo jo aonpaj of samseaw pasodad -6 •oWei;jelno!yan 10 lanal 6u!;s!xa ay;a6uego;ou pinomjoafoid a41 •m000 Plnom sawnlon dead uaLlm aleo!puw 'umoul 11 �,loafojd palaldwoo ay;Aq palejaua6 aq Plnom step jad sdul jelm"W Auew mOH J ON aquosap Allejaua6 'os 11 �,uogelaodsuejl ne jo 'I!ej 'jalem Go Aj!u131n ale!paww!ay;ui in000 jo) asn loefad ayl 11!M -a luawu6lleaj pue uo!;onj;suoo peoi sl;oafoid ay;10 asodind ayl '(alenud jo o!lgnd jaglagm aleo!pu!)aquosap Allejaua6 'os 1I �,sAennanup 6u!pnlou! lou 'slaails Jo spew bugslxa of sluawanadw!jo 'slawls jo spea mau Aue ai!nbai lesodwd ay;11!M -p azHo sSn aoHsoV Wa NOIIVnrIVns : srvoizaav xs assszawoo as os 5W ESA LISTED SALMONIDS CHECKLIST Applicant Information Proiect Information Date: October 28,2008 Name: Mason County Department of Public Works Name: Bear Creek Dewatto Road Realignment Phone: (360)427-9670 ext.748 Location: Bear Creek Dewatto Road MP 7.3 to 10.0 Attn: Rick Hirschberg Description: Realignment of an existing road and new road construction 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 are salmon,trout and chars, e.g. bull trout. For our purposes, "ESA listed salmonids" is defined as fish species listed as endangered, threatened or being considered for listing. If ESA listed species are present or ever were present in the watershed where your project will be located,your project has the potential for affecting them,and you need to comply with the ESA. The question 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: The project is located on the Union River and Mission Creek. The Department of Fish and Wildlife's "Catalog of Washington Streams and Salmon Utilization", 1975 shows the presence of Hood Canal summer chum. WDFW Salmonscape database shows the presence of Puget Sound winter steelhead. 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. PROJECT SPECIFICS: The questions in this section are specific to the project and vicinity. 1. Name of Watershed: Union River 2. Name of nearest waterbody: Union River 3. What is the distance from this project to the nearest body of water? Often a buffer between the project and a stream can reduce the chance of a negative impact to fish. ct crosses Courtney Creek a tributary to the Union River. The probe y ry Mason County Shoreline Permit Supplement Page 1 4. What is the current land use between the project and the potentially affected waterbody(parking lots, farmland, etc.)? The current use at the project site is a county road. 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 to any of the above, are there any resident salmonid populations above the blockage? NA. 7. What percentage of the project will be impervious surface(including pavement& roof area)? The project will increase the impervious surface by 50,740 square feet. This is an increase of 25%.. It is due to increasing the width of the existing running surface and new road construction. FISH MIGRATION: The following questions will help determine if this project could interfere with migration of adult and juvenile fish. Both increases and decreases in water flows can affect fish migration. 1. Does the project require the withdrawal of i. Surface water? Yes _ No X Amount Name of surface waterbody. ii. Ground water: Yes No X Amount From where Depth of well 2. Will any water be rerouted? Yes No X If yes,will this require a channel change? 3. Will there be retention or detention ponds? Yes No X If yes,will this be an infiltration pond or a surface discharge to either a municipal storm water system or a surface waterbody? If to a surface water discharge,please give the name of the waterbody: 4. Will this g project require the building of new roads? P J q Yes X No Increased road mileage may affect the timing of water reaching a stream and may impact fish habitat. 5. Are culverts proposed as part of this project? Yes X No Mason County Shoreline Permit Supplement Page 2 Ek.S 6. Will topography g a h changes affect the duration/direction of runoff flows? Yes No X If yes, describe the changes. 7. Will the project involve any reduction of the floodway or floodplain by filling or other partial blockage of flows? Yes _ No X If yes, how will the loss of flood storage be mitigated by your project? WATER QUALITY: The following questions will help determine if this project could adversely affect water quality.Such adverse affects can cause problems for listed species. Water quality can be made worse by runoff from impervious surfaces, altering water temperature,discharging contaminants,etc. 1. Do you know of any problems with water quality in any of the streams within this watershed? Yes No X If yes, describe: 2. Will your project either reduce or increase shade along or over a waterbody? Removal of shading vegetation or the building of structures such as docks or floats often result in a change in shade. Yes X No There will be a slight reduction in shade due to tree removal at two stream crossings. 3. Will the project increase nutrient loading or have the potential to increase nutrient loading or contaminants(fertilizers, other waste discharges,or runoff)to the waterbody? Yes No X 4. Will turbidity be increased because of construction of the project or during operation of the project? In-water or near water work will often increase turbidity. Yes X No _There will be a minor, temporary increase in turbidity when water is returned to the in-stream work areas, once streams are flowing following construction. 5. Will your project require long-term maintenance, i.e., bridge cleaning, highway salting, chemical sprays for vegetation management, clearing of parking lots? Yes X No If yes,please describe: Ditches will be cleaned on a periodic basis. VEGETATION: The following questions are designed to determine is 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 X No Mason County Shoreline Permit Supplement Page 3 Aa5 If yes,please describe the existing conditions,and the amount and type of vegetation to be removed. Two new stream crossings will require the removal of right of way timber at the crossings. 2. If any vegetation is removed, do you plan to re-plant? Yes X No NA If yes,what types of plants will you use? The areas will be replanted with willow cuttings on a three foot by three foot spacing. Mason County Shoreline Permit Supplement Page 4 SECTION 5, 8 1 , SHIP 23 NORTH, RANGE 1 KST,MR k 41 k. • \ �L YtX `�\ Y 4 4 its To WrM 41 Sod. 1' Opp \ 1 a' f� .► �A N T S r \ om m MASON COUNTY PUBLIC WORKS COUNTY ROAD NO.79800 WETLAND MITIGATION .a wa P.O.BOX 1850 COUNTY ENGINEER 415 N.SXrH STREET BEAR CREEK-DEWATrO ROAD sHer t SHELTON,WASHINGTON 98584 MP 7.30-MP 10.00 P (360)427-9670 COUNTY ROAD PROJECT 0 LW VICINITY MAP °P P-18 8 SECTION 5, 8 AND 9, TOWNSHIP 23 NORTH, RANGE ) WEST W M. 4F - g, - 4 A _ I � 1 1 DATEILitDATE 81 MASON COUNTY PUBLIC WORKS COUNTY ROAD NO.79800 WETLAND MmWnON s"etE c°°s P.O.BOX 1850 BEAR CREEK DEWATTO ROAD Erg COUNTY ENGINEER 415 N.SIXTH STREET - MP 7.30•MP 10.00 P•2 SHELTON,WASHINGTON 98584 — COUNTY ROAD PROJECT# 15 ov (360)4279670 63 ROADWAY PLAN P-IB �x5 STATE 0� 9 4 S 'n 41 2 bj 1889�O STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47775 • Olympia, Washington 98504-7775 • (360) 407-6300 December 18, 2008 Ms.Grace Miller Your address Mason County — is in the Department of Community Development 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 Bear Creek Dewatto Road Realignment project(SEP2008-00153)as proposed by Rick Hirschberg,Mason County. The Department of Ecology(Ecology)reviewed the environmental checklist and has the following comment(s): AIR QUALITY: Bernard Brady(360)407-6803 Best management practice for minimization of track out and windblown dust should be included in any applicable permitting. SHORELANDS&WETLANDS: Sarah Lukas(360) 407-7459 The proposed road realignment will require authorization from both Ecology as well as the U.S. Army Corps of Engineers. In review of our records,Ecology has not received a Joint Aquatic Resource Permit Application(JARPA)for this proposal. I suggest the applicant apply by submitted a JARPA to both the above agencies. Along with the JARPA,the applicant should also submit site plans,vicinity maps,a wetland delineation report, and a wetland mitigation proposal. The JARPA should be submitted to the following: Department of Ecology, SWRO Seattle District Corps of Engineers ATTN: Federal Permit Coordinator CENWS-OD-RG PO Box 47775 PO Box 3755 Olympia,WA 98504-7775 Seattle,WA 98124-3755 SOLID WASTE&FINANCIAL ASSISTANCE: Anya Caudill(360)407-6084 We encourage the applicant to reuse or recycle all possible leftover construction materials and reduce waste generated. Recycling construction debris is often less expensive than landfill disposal. The applicant proposes to decommission 4,700 feet of the existing road. The applicant should ensure that demolition debris is safely managed,especially if it contains possibly dangerous materials. Please review the"Dangerous Waste Rules for Demolition,Construction,and Renovation Wastes," posted at Ecology's website at:www.gcy.wa.goy/prog_rams/hwtr/demodebris/. The applicant may also contact Rob Rieck of Ecology's Hazardous Waste and Toxics Reduction Program at(360) 407-6751 for more information about safely handling dangerous wastes and demolition debris. 0 December 18,2008 Page 2 Ecology's comments are based upon information provided by the lead agency. As such,they do 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: 08-8788) cc: Bernard Brady,AQP Anya Caudill, SW&FAP Sarah Lukas, SEA Rick Hirschberg,Mason County(Applicant/Contact) 4 ♦+ `yy-•-4Y w�- f . ! ; 1,4, IFi 11'�♦ flfi -� f +1+ fit �J-f' }wY•F.I,y t f Jv. t L �i. i ♦ F�+\miZi Y-1-•'I-} 'J--4ti 1♦J'! J J.1-i Jam/' -i�- �-F♦�hJ J.--.+w r-.h• :'J'!ft►1�� �J�J-f tt. +}+��.."..H.1!�1 4 � 1 I-r+��1.1-•'�y-!`•J 1--�- . .� ..�.:-44w•F-Ft� �.•J.•-��.f^J'J.'.-4-I ti.{J�'-. Y.1../-figs t-L.: 1 y I. w, r-. r- 1.1 .1..:..1 ���w..i.-..A-�:..a r..L �1.�w..4-•....ems.-t...�.t�:. Skokomish Indian Tribe Natural Resources Department (360) 877-5213 N. 541 Tribal Center Road Fax(360)877-5148 Skokomish Nation,WA 98584 December 12,2008 Environmental Review Application No.: SEP2008-00153 Project Name: Re-alignment of Bear Cr. Dewatto Rd. Description of Proposal: Re-align 2.7 miles of Bear Cr. Dewatto Rd. near Tiger Lake in addition to installing 3 major culverts on streams in the area, one being designed for fish passage and re-connect 2 wetlands by decommissioning a portion of the existing road. Location: Bear Cr.Dewatto Rd. approx.mile marker 4,Parcel# 123050060010 Proponent: Mason County Public Works Department Dear Ms Miller, It has been determined that the above project will not have any negative environmental impacts to the Skokomish Tribe or their resources. As such we agree with your determination of nonsignificance. However,the Skokomish Tribes Tribal Historic Preservation Officer will be providing comment as to the potential cultural impacts of this SEPA and you should not move forward with the above project until you receive those comments. Thank you for including the Skokomish Tribe in the planning process, if you have any questions about the comments provided herein please contact Randy N. Lumper(Aquatic Resources Enhancement Biologist)at 1-360-877-5213 ext# 508 or email them to rlumper@skokomish.org. Sincerely, Joseph Pavel Director Skokomish Natural Resources Department Wetland Mitigation Plan for the Bear Creek Dewatto Road Improvement Project Milepost 7.3 to 10.0 CRP 1563 Mason County, Washington October 2008 Prepared by: Mason County Department of Public Works PO Box 1850 Shelton, WA 98584 360-427-9670 ext. 748 Sear Creek Dewatto RoauY Improvement I Executive Summary This report describes the mitigation proposed by Mason County for its Bear Creek Dewatto road improvement project. The project will impact four wetlands adjacent to the existing road. The mitigation proposed would compensate for these impacts by connecting a previously intact wetland, which was divided by the construction of the existing road. The project will require fill in 9,962 square feet of wetlands. The mitigation plan includes the creation and reestablishment of 21,631 square feet of wetland, 13,677 square feet of buffer enhancement and 47,990 square feet of buffer preservation. II Project Description The project is proposed by Mason County Public Works. It is located in northeastern Mason County and impacts approximately 2.7 miles of county road. The project includes road and shoulder widening, horizontal and vertical curve realignment, guardrail installation and surfacing on the existing road. There will be 6,100 feet of major horizontal realignment as well as decommissioning 5,000 feet of existing road. 5,260 feet of existing road will be widened on its current alignment. Finally, 700 feet of new construction will be needed to connect the realigned road to a current intersection with the Bear Creek Dewatto Road. The project is necessary in order to bring the road up to current safety standards. The first phase of the project is planned for summer 2009. The project will be completed in 2010. The project corridor is shown in Figure 1. iv r /A _ 1( r ` i /sp" f fft� i s r j f�tr r, s ram; +� r Figure 1 Mason County Public Works October 8, 2008 c Bear Creek Dewatto Road Improvement III Ecological Assessment of Project Area Location - The 2.7-mile County road project is approximately four miles north of Belfair in Mason County Washington. The project is in the west 1/2 of Section 5, east 1/2 of Section 8, NW 1/4 of Section 9, T23N, R1W WM (Figure 1). Site Description - The action area of the project is in the lowlands at the base of Kitsap Peninsula within WRIA 15. The topography of the watershed is rolling and lies in the rain shadow of the Olympic Mountains. Winters tend to be wet and summers quite dry. Generally, 80% of the annual precipitation, approximately 60 inches, falls between the months of October and March. Geology - The geologic makeup of the site (the type and permeability of its underlying rock materials) has a great influence on the variations in the stream discharges. The geology of the Kitsap Peninsula consists of Quaternary Pleistocene unconsolidated sediments deposited by at least six distinct glacial deposits, the most recent of which was the Vashon Glaciation (2002 Golder Assoc. and others). The outwash deposits form the primary aquifers from which groundwater is drawn. These aquifers are laterally discontinuous. Between glaciations marshy environments were created. The lowland basins are underlain by highly permeable sands and gravels. The two plus miles of the project slopes very gradually down to the southeast quarter of the project site, with elevation ranging from approximately 502 feet in the north to approximately 400 feet just southeast of the Tiger-Mission Road. Hydrology.--Water enters the area from precipitation, subsurface flows, and surface flows from the adjacent properties to the north and east. Three seasonal streams enter the project area from the north and flow south. Vegetation.--The dominant upland vegetation is second growth Douglas fir, western red cedar, red alder, big leaf and vine maple, and willow species, with an understory of salal, red and evergreen huckleberry, Himalayan, evergreen and trailing blackberry, weeds, and grasses. In general, the wetland areas have a well-developed shrub cover of spiraea, Pacific ninebark, willows and cascara, with a herbaceous understory of slough sedge, rushes, and bedstraw. Soils.--Five soil units are mapped on the site (Ness and Fowler 1960) (Figure 3). Mukilteo peat, 0 to 2 percent slopes, (map unit Mg) is mapped in the depression in northern part of the project next to Tiger Lake. This series consists of peat that is deep, mainly decomposed sedges, spirea, twigs, and roots. It is very poorly drained and often ponded for many months of the year. Mukilteo peat is listed as a hydric (wetland) soil in Mason County. Alderwood gravelly sandy loam, 5 to 15 percent slopes, (map unit Ab) is mapped throughout the majority of the project action area. This well drained soil occurs on glacial moraines and was formed from mixed glacial till dominated by acid igneous rock. The imbedded gravel is mainly granite and quartzite. Everett gravelly sandy loam, 5 to 15 percent slopes, (map unit Eh) is mapped in the area nearing the south end of the linear project. This somewhat excessively drained Mason County Public Works October 8, 2008 Bear Creek Dewatto Road Improvement soil occurs as fairly continuous outwash channels between ridges of Alderwood soils. They have developed upon assorted glacial till and outwash material. This is the most extensive Everett soil. Everett gravelly loamy sand, 15 to 30 percent slopes, (map unit Ef) is mapped in a small section of the southeast part of the project. Except for slopes, this soil is similar to Everett gravelly loamy sand, 5 to 15 percent slopes. This soil occupies the smoother terraces or outwash plains in close association with other Everett soils. All of this soil is in trees and brush, and its best use is forestry. Everett gravelly sandy loam 15 to 30 percent slopes, (map unit Ek) is mapped in a small portion of the southern most area of the project. This soil is on the steeper slopes of glacial moraines, sides of gullies, and terrace fronts. It is more variable than Everett gravelly sandy loam, 5 to 15 slopes. The depth to substratum ranges from 12 to 36 inches, and the amount of gravel in the surface soil and subsoil varies greatly from place to place. Where the soil is in close association with the Alderwood soils, the substratum, in places, is compact and weakly cemented. IV Assessment of Impacted Wetlands The project will fill 9,962 square feet of wetlands. Of this area, 9,102 square feet is contained within two wetlands that are under the jurisdiction of the Army Corps of Engineers under Section 404 of the Clean Water Act. One of these (wetland B) is in the upper reaches of Mission Creek, the other (wetland 1-12) in the upper part of the Union River watershed. The remaining 860 square feet are contained within two isolated depressional wetlands with no surface connection to Section 404 waters. The wetlands were delineated in 2002 and 2007. All four wetlands are palustrine, scrub/shrub under the Cowardian vegetation classification system. All four were rated as Category III for function under the Washington Department of Ecology's wetland rating system. The individual areas of impact range from 348 square feet to 8,710 square feet. The details of the delineation and evaluation are included in a separate report. The impacts are summarized in the table and the wetlands are described below. Impact Mason County Created Wetland Impact Type & Class Area Mitigation Mitigation (sq. feet Ratio Creation Requirement WL-A Category III 348 2:1 696 PSSC WL-B Category III 8,710 2:1 17,420 PSSC WL-C Category III 512 2:1 1,024 PSSC WL-1-12 Category III PSSC 392 2:1 784 Total (square feet) 9,962 19,924 Mason County Public Works October 8, 2008 Bear Creek Dewatto Road Improvement Wetland A This is a small depressional wetland located immediately adjacent to the Bear Creek Dewatto road across from its intersection with Northeast Daly Road. It is approximately 2,500 square feet and has no outlet. It is a scrub/shrub plant community dominated by Pacific willow, Hooker's willow and hardhack spirea. One side is immediately adjacent to the Bear Creek Dewatto road. The other three sides are bordered by a logged-off area, which was harvested in the last ten years. The vegetation in the buffer area is a combination of Douglas fir, western hemlock, Scouler's willow, evergreen huckleberry, salal, red huckleberry and rhododendron. The wetland is seasonally ponded with water observed on 10/24/07. Hydrology appears to be primarily from rainfall. Wetland B This is a 15 acre depressional wetland located just south of the intersection of Bear Creek Dewatto Road and Sand Hill Road. It is divided by the Bear Creek Dewatto Road. It has a palustrine scrub/shrub plant community dominated by cascara, Scouler's willow, Pacific willow, and hardhack spirea. The wetland is in the shape of an inverted "u", running northeast to southwest. The outlet is on the southerly finger through a man-made ditch, which flows approximately 5,100 feet to the upper reaches of Mission creek. This wetland connects to Tiger Lake through a culvert with a flow-control weir on the lake. The wetland is seasonally flooded with ground water and rainfall. It is unknown how much water is contributed by the control weir on Tiger Lake. Wetland C Wetland C is a 4,224 square foot isolated depressional unit located midway through the project. It fronts the Bear Creek Dewatto road and has a driveway on the west side. Its palustrine scrub/shrub plant community has a very limited number of species. They include cascara, Pacific ninebark, spirea, horsetail and willow. Hydrology appears to come from groundwater and rainfall. There was some standing water on the unit in November 2007. In addition to the county road and driveway, a residence located within 200 feet of its northern boundary likely affects this wetland. Wetland H2 This wetland is a 6,860 square foot riverine depressional unit lying next to the Bear Creek Dewatto road. It is comprised of a scrub/shrub and emergent plant community. It is connected by a small stream and culvert under the road to an upstream wetland, which is approximately 1.7 acres in size. The larger wetland is also a scrub/shrub/emergent plant community. Dominant species include hard hack spirea, big leaf sedge, water parsley, lady fern and blue skullcap. Scattered tree species include red alder and western red cedar. Surface flow and groundwater provide the hydrology for these areas. Water flows through the area during the winter months, but is ponded during the summer. Maps in Appendix B show the detail of the project's impacts on each of the wetlands. V Description of Wetland Mitigation Area The proposed wetland mitigation site is a 2.3 acre area occupied b a segment of the P P 9 P Y 9 existing Bear Creek Dewatto Road. It is included within a larger portion of the road, which will be abandoned as a result of the new road realignment. It is adjacent to two arts of a Category III scrub shrub wetland. The existing wetland has been P 9 rY / 9 Mason County Public Works October 8, 2008 r--X6 Bear Creek Dewatto Road Improvement rated as a Category III using the Department of Ecology's wetland rating system. It has low habitat value and moderate value for water quality and flood control influences. Other than the road, the site is surrounded by commercial forest land owned by Pope Resources. The existing wetlands are connected by a small culvert passing under the road. The mitigation proposal is to create a 19,962 square foot seasonally inundated scrub shrub wetland surrounded by a forest buffer. The mitigation site relative to the wetlands shown on the National Wetlands Inventory is shown in Figure 2. Figure 2 Mitigation site shown in purple �f 144 j 0 T23NRlW gyp, 4 d 9 a VI Mitigation Approach The project area includes a major wetland associated with Tiger Lake and numerous small isolated wetlands with no connection to flowing streams. To the maximum extent possible, the revised road alignment has been designed to avoid impacts to these areas. For example, the road through Wetland B does not vary from the existing alignment. This approach allows the county to keep its impacts at the minimum. Since that wetland was filled by the original road construction, the only new impact will be fill associated with bringing the slopes of the road bank up to current design standards. An alternative would have been to shift the road alignment in this area to match other segments of the project. That approach would have caused wetland impacts four times greater than the selected design. With the Mason County Public Works October 8, 2008 �� II Bear Creek Dewatto Road Improvement exception of Wetland H2, all wetland impacts were confined to fill in areas, which are already adjacent to the toe of the existing road. The overarching goal of this mitigation plan is to re-connect two segments of a natural wetland, which were separated by the original road. This will be accomplished by achieving the following goals, objectives and performance standards: Goal 1 Re-connect the two wetland segments currently separated by the existing road and create a hydrological regime capable of supporting wetland vegetation. Objective Remove approximately 350 feet of existing road to an elevation matching the bottom of the wetland areas on either side. Performance Standard During the period March 1 to October 1, the soil in the wetland creation area will be saturated to within 12 inches of the surface for a minimum of 22 consecutive days. Goal 2 Replace the wetland functions lost due to the road construction project. Objective Replace the capacity to remove sediment, nutrients, and toxicants by planting an emergent wetland community. Replace wildlife habitat by planting a diverse plant community of native vegetation in the wetland creation and buffer enhancement areas. Performance Standard In that portion of the wetland creation area planted with woody species, survival of planted species shall be at least 90% at the end of the first growing season. Canopy coverage shall be 25% at the end of the third growing season and 50% at the end of the fifth season following planting. Performance Standard Within the emergent wetland zone, planted species will cover at least 20% of the area by the end of the first growing season. Plant cover will be 40% of the area by the end of the third year and 75% at the end of the fifth year. Goal 3 Create/preserve a buffer around the created wetland area, which will protect the plant community and wildlife habitat. Objective Mason County Public Works October 8, 2008 Bear Creek Dewatto Road Improvement Restore the previous roadbed on either side of the wetland creation area to a condition suitable for growing native shrubs and trees. Preserve the second growth timber around the created wetland. Performance Standard In the buffer enhancement area, woody shrubs and trees will have at least 90% survival at the end of the first growing season. Canopy coverage on this area will be 25% by the end of the third growing season following planting. Woody shrubs and trees will cover 50% of the area by the end of the fifth year following planting. Performance Standard Obtain a conservation easement from Pope Resources for the entire wetland mitigation site including the buffer area with standing timber. The easement to be recorded prior to construction of the road improvement project. Performance Standard Invasive species, such as Himalayan blackberry and Scot's broom shall cover no more than 15% of the planted areas. VII Site Design The top of the road is approximately six feet higher than the toe. The road toe is at an elevation that matches the floor of the wetland on either side. Road fill for a distance of 350 feet will be removed to match the wetland floor elevation. This will create a uniform grade from one side of the road to the other and allow the wetland segments on either side to be connected. An upland area adjacent to both the downstream wetland and the road will also be excavated to add to the created wetland. Impacts to the wetlands will be mitigated in accordance with the Mason County Critical Areas Ordinance. When wetland creation or reestablishment is used for mitigation, it is required at a ratio of 2:1 for impacts to Category III wetlands. The general goal of the mitigation is to create a wetland area that compensates for the loss of wetlands caused by the road project. The site selected for mitigation is currently part of the existing Bear Creek Dewatto Road. The road divides a wetland into two parts connected by a culvert. The mitigation project will remove the road segment and allow the wetland to become a single vegetation unit again. The planting prescription for the project will largely duplicate the plant community occurring in the natural wetland. The mitigation site has the added advantage of adding to one of the wetland areas impacted by the road project (immediately downstream). There are three components to the mitigation plan. They include wetland creation/reestablishment, buffer enhancement and buffer preservation. The mitigation site will be created by excavating the current road bed and an upland area next to the existing wetland. The road is acting as a dike between the two portions of the previously intact wetland. With the road prism removed, the water flowing through a culvert will spread out and supply the necessary hydrology to create a wetland plant community. In addition, part of the upland adjacent to the existing wetland will be graded to create additional wetland area. The former road Mason County Public Works October 8, 2008 Bear Creek Dewatto Road Improvement area beyond the new wetland will be graded and planted with upland species to create a buffer. Buffer planting will also take place on a small portion of the fill for the new road project. Finally, a significant part of the buffer surrounding the created wetland is mature second growth timber and advance conifer reproduction. A conservation easement will be negotiated with the landowner to preserve the mitigation area in perpetuity. The details of the site are shown on enclosed Appendix A. Grading will create 21,631 square feet of wetland. A minor amount of additional grading work will be needed to blend the contours of the created wetland into the surrounding ground. This will be accomplished by grading at a 2:1 slope from the edge of the wetland area to the top of the surrounding upland. A logging road approach and portions of the county road on either end of the wetland will be removed and filled with topsoil. Both the created wetland area and all graded areas will be over-excavated by one foot and filled with a uniform layer of topsoil. The buffer width for the created wetland will vary from 40 to 85 feet. A small part of the buffer will be created on the old roadbed location. The majority of the wetland buffer will be made up of mature second growth conifer and reproduction, which surround the created wetland area. It will be preserved through a conservation easement with the landowner, Pope Resources. A summary of the wetland mitigation area is shown below: Wetland Creation 21,631 square feet Buffer Enhancement 13,677 square feet Buffer Preservation 47,990 square feet Existing Wetland 16,891 square feet Plant selection for both the created wetland and buffer enhancement areas will duplicate that, which already occurs in the area. The buffer requiring planting will be constructed on old roadbeds and fill. The remainder of the buffer will consist of existing mature second growth conifer and advanced conifer reproduction. Planted buffer species and quantities are shown below: Physocarpus capitatus 100 Gaultheria shallon 100 Holodiscus discolor 100 Ribes sanguineum 100 Pseudotsuga menziesii 200 Mahonia aquifolium 100 The Douglas fir will be three year old transplant stock and the shrubs will be in one gallon containers. Created wetland species include: Salix lasiandra 900 Juncus ensifolius 300 Spirea douglasii 200 Carex stipata 300 Carex obnupta 300 Carex comosa 300 The willow will be three foot long cuttings and the spirea will be in one gallon containers. The emergent plants will be in 10 cubic inch plug containers. VIII Maintenance and Contingency Plan The created wetland and buffer slopes shall be maintained when necessary to increase the survival of the plants, particularly with respect to providing water during Mason County Public Works October 8, 2008 Bear Creek Dewatto Road Improvement the summer months. Watering will be on an as-needed basis during the hottest months of the summer at an interval of once per week. Invasive plants will be controlled through a combination of mechanical removal and herbicide application. It is anticipated that an aggressive invasive plant control effort will be needed for at least the first three growing seasons following establishment of the mitigation site. If plant survival falls below the levels specified in the performance standards, the affected areas will be replanted with the appropriate species. Although the success of the mitigation plan is not ensured, it is likely to succeed because the site selected has a reliable source of hydrology. In addition, the native species selected for planting are growing well in the surrounding area. If there is not enough hydrology retained in the created wetland area, a weir can be installed at the lower end of the site to help retain water. IX Monitoring Plan Monitoring will take place over a five to ten year period. The length of the monitoring period will be determined by how quickly the performance standards are achieved. Soil saturation monitoring will take place at the beginning and end of March in each of the first three years following site establishment. If the performance standard for hydrology is met in each of those years, no further measurements will be taken. Plants will be monitored in years one, three and five following planting. A minimum of three longitudinal transects will be used to sample emergent plant coverage in the wetland creation area. They will be randomly placed and will sample a representative area of the site. Woody plant survival and canopy coverage in the wetland creation area will be sampled by installing a minimum of five five-foot wide transects perpendicular to the edge of the created area. Living plants will be counted and recorded. A minimum of four five by ten-foot plots will be used to sample survival following planting in the buffer enhancement areas. A minimum of three photo points will be established to visually record the development of the mitigation site. Pictures will be taken at each monitoring interval and included in the monitoring report. The monitoring report will be submitted to the respective agencies no later than October 31 of the year a report is due. Mason County Public Works October 8, 2008 rC.. Appendix A BEAR CREEK - DEWATTO ROAD IMPROVEMENT PROJECT WETLAND MITIGATION PLAN \I 1� 1 � ♦ �Imem ♦ Oti J 9E1 =—XIM Soab 1 ,♦ \ \ 1 • ���� j r \ ♦♦ EXISTING �♦ \ ♦\ WETLAND �. ., 8 ,S ------------- (EXISTING Y�M�p �; 1\ ♦ � JE )i 3f If fE �M�I' -----cur---a,r T UNE J u`_"tn: —". .0— UNE ' ♦ ra ------) r \_ -�.r � CiNlll - i DE-q ROAD - - Go . __ \ mr.�-m � __..__°'r__-„-a�r.� ._1 m}.�.�-art--'- 1C-.'."E"`l�`_� •_ '• --_-ru���- T-�_� .. _.- -._________ _-_ n �! DATE FIt DEVM[f DATEa fh MASON COUNTY PUBLIC WORKS COUNTY ROAD NO.79800 WETLAND MITIGATION P.O.BOX 1850 s�Er y COUNTY ENGINEER 415 N.SIXTH STREET BEAR CREEK-DEWATTO ROAD SITE PLAN P-16 SHELTON,WASHINGTON 98584 COUNTY ROAD PROJECT# 1563 or (360)427-9670 P-18 BEAR CREEK - DEWATTO ROAD IMPROVEMENT PROJECT `�\ �'�� WETLAND MITIGATION PLAN � 1 4.1 ,� �\ �\ ,•\ �y\ FFk .,,t �,�# I •;` •••', ,\ sad. T• so' LVQW : ------- Kn.AW SITE----------- ITE \ ------------- EXIS NG UIETLMq \ \ `� r: DALE HY PEVLSIONS MlE BY MASON COUNTY PUBLIC WORKS COUNTY ROAD NO.79800 WETLAND MITIGATION P.O.BOX 1850 srfer a COUNTY ENGINEER 415 N.SI)TH 51'REE�' BEAR CREEK-DEWATTO ROAD SHELTON,WASHINGTON 98584 GRADING PLAN P-14 660)427-9670 - COUNTY ROAD PROJECT# 1663 BEFORE °F P-18 l� BEAR CREEK - DEWATTO ROAD IMPROVEMENT PROJECT WETLAND MITIGATION PLAN , } L r LEGEND ——--——— WETLAND SITE ------------- EXISTING;WETLAND _ `•, ~ i ogre er nevisiors wre er MASON COUNTY PUBLIC WORKS COUNTY ROAD NO.79800 WETLAND MITIGATION P.O.BOX 1650 srEer x COUNTY ENGINEER 415 N.SIXTH STREET BEAR CREEK-DEWATTO ROAD GRADING PLAN P-16 SHELTON'WASHINGTON 98584 - COUNTY ROAD PROJECT# 1563 of (360)427-9671 AFTER P-18 BEAR CREEK - DEWATTO ROAD IMPROVEMENT PROJECT WETLAND MITIGATION PLAN SYMBOLS 1YETLAND SHRUB MIX \ 7 ' WETLANND EMERGENT MIX REPRODUCTION \ GRADED UPLAND `\ TIMBER ' \ \\ ,-rP•'�.•v. CREATED WETLAND J EXISTING WETLAND `\ i 7 ` \\ d% EXISTING WETLAYD REPROOUCnON wit r Y w I . ! • .M M v . . • a ; :� W J ��L w \, �7 ' �Y sL• � W Y W\ i „ ; s ' aaa �. ■ .a a.\.\W � a s" a a a a a a REATED WETLANS Y y' • a� * W �Wp W 41 W w 4 W �. . �Ea . • • \ `I , a, --- —` — W� . � a . :�. REPRODUCTION EXISTING WETLAND W W W TIMBER LEGEND : \ `�,` �(' X \ . —--— WETLAND SITE "' `Y NOTE ---------------- EXISTING WETLAND `�. � �\ ��, ` GRADED UPLAND AND CREATED WETLAND `TREE LINE TO ME PLAN7m PElt SCHEDULE IN TABLE 1. ' DALE Ff! ALYISIONS DAR: BY MASON COUNTY PUBLIC WORKS COUNTY ROAD NO.79800 WETLAND MITIGATION .� �, P.O.BOX 1850 s�ET a COUNTY ENGINEER 415 N.SIXTH STREET BEAR CREEK-DEWATTO ROAD PLANTING PLAN P-17 SHELTON,WASHINGTON 98584 COUNTY ROAD PROJECT# 1553 of (360)427-9670 P-18 cy' BEAR CREEK - DEWATTO ROAD IMPROVEMENT PROJECT WETLAND MITIGATION PLAN CROSS-SECTION B - B --15.63 15.21------, ELEV. - 463.00 r- i - - ---- t —30 —20 —10 0 10 20 30 20+40.00 CROSS-SECTION A - A 26.$ 34.11 7.56 32.9 ELEV. - 463.00 —40 —30 —20 —10 _-0._ 10 20 30 40r 50 21+60.00 CONSTRUCTION NOTE ALL GRAND AREAS TO BE OVER—EXCAVATED ONE (1)FOOT TO ALLOW FOR KACEMENT OF TOPSOIL DALE Br REVLSIONS DAME I BY MASON COUNTY PUBLIC WORKS COUNTY ROAD NO.79800 WETLAND MMGATION COUNTY ENGINEER h P.O.BOX 1850 STREET BEAR CREEK-DEWATTO ROAD s�Er 415 N.AXTH STREET _ CROSS-SECTION P-18 SHELTO(W)427-9670 98584 COUNTY ROAD PRO3ECT# 1563 ov (360)4Z7-9670 P-18 z Appendix B National Wetlands Inventory Map L'OWH _ . I '" PSSC Pl SC P�H� ' PSSC -- f� fYPSSC� PFOC I t Li WH C-PFOA h PFOA PSSC P M F t+ PFOC PSSC j C PSSC PSSC P • �P if PSSC ? 'f PSSC PSSC t PSSC PEMA=PSSC A PSSC j � PFOC Fi a ,PF6C I i P ic c; �• T23NR1W a I P O��Mi PSSC l / � Impacted Wetlands Shown in Green MASON COUNTY PUBLIC WORKS BEAR CREEK DEWATTO ROAD REALIGNMENT WETLAND A, IMPACTS = 348 FT SP 4� 4�WETLAND IMPACTED WETLAND WETLAND WE er REMOM c*w av MASON COUNTY PUBLIC WORKS COUNTY ROAD NO.79800 LWETLAND MITIGATION �ecr wog P.O.BOX 1850 Ssr x COUNTY ENGINEER 415 N.SIXTH STREET BEAR CREEK-DEWATTO ROAD SHELTON,WASHINGTON 98584 30-MP 10.00 P_7(360)427-9670 COUNTY ROAD PROJECT# 150 TED WETLAND °F P-18 MASON COUNTY PUBLIC WORKS BEAR CREEK DEWATTO ROAD REALIGNMENT WETLAND B, IMPACTS = 8710 FT sP ol WETLAND CONTINUES -- - s / WETLAND 9yy�, c O NTINUES F � � v TLAND C r �o �_ r o OPEN WATER I IMPACTED WETLAND WETLAND DATE Dire I V MASON COUNTY PUBLIC WORKS COUNTY ROAD NO.79800 WETLAND MITIGATION P.O.BOX 1850 sHEer> COUNTY ENGINEER 415 N.SIXTH STREET BEAR CREEK-DEWATTO ROAD MP 7.30-MP 10.00 P_8 SHELTON,WASHINCTON 98584 COUNTY ROAD PROJECT# U63 of (360)427-9670 IMPACTED WETLAND P-18 i MASON COUNTY PUBLIC WORKS BEAR CREEK DEWATTO ROAD REALIGNMENT WETLAND C, IMPACTS = 512 FT2 r� r ------------- r I ly / r r I I I I I I / I i f i I / I / I 1 / IMPACTED WETLAND jWETLAND DIE BY REVLSIDlIS DIE Hr MASON COUNTY PUBLIC WORKS COUNTY ROAD NO.79800 WETLAND MITIGATION P. BOX 1850 sMEEr. COUNTY ENGINEER 415 N.SIXTH STREET BEAR CREEK-DEWATTO ROAD - MP 7.30-MP 10.00 P9 SHELTON,WASHINGTON 98584 COUNTY ROAD PRO]ECT# 3 of (360)427-9670 IMPACTED WETLAND P-18 l MASON COUNTY PUBLIC WORKS BEAR CREEK DEWATTO ROAD REALIGNMENT WETLAND H2, IMPACTS = 392 FT ~ WETLAND ~ r r jIMPACTED WETLAND ZO / WETLAND SP • SP 20 ___.-.�____'_"`_-aur ---'O^ ----mr�_an��, �.��'M•�--M `�wa�-p+ _✓�..�'�rs�_._-w� � ����_aur._�my�-ro.r� �___.._.-._,__......._ �.-._-_. .�..__ DAIF UY 0.EVL510l15 DAiF 9Y MASON COUNTY PUBLIC WORKS COUNTY ROAD NO.79800 WETLAND MITIGATION ��rr*coos P,O,BOX"So COUNTY ENGINEER 415 N.SIXTH STREET BEAR CREEK-DEWATTO ROAD MP 7.30-MP 10.00 P-10 SHELTON,WASHIN9670 98584 COUNTY ROAD PROJECT x 1563 of (360)427-9670 IMPACTED WETLAND P-18