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HomeMy WebLinkAboutJARPA - SHX Application - 3/19/2004 1**A. a Ap AGENCY USE ONLY Agency Reference#: _ L� Circulated by: (local govt. or agency) - Dat �I mot JOINT AQUATIC RESOURCES PERMIT APPLICATION FORM (JARPA) (for use in Washington State) PLEASE TYPE OR PRINT IN BLACK INK ❑ I am applying for a Fish Habitat Enhancement Project per requirements of RCW 75.20.350. You must submit a copy of this completed JARPA application form, and the (Fish Habitat Enhancement JARPA Addition) to your local Government Planning Department and Washington Department of Fish & Wildlife Area Habitat Biologist on the same day- NOTE: LOCAL GOVERNMENTS —You must submit any comments on these projects to WDFW within 15 working d; Based on the instructions provided, I am sending copies of this application to the following: (check all that apply) El Local Government for shoreline: ❑ Substantial Development El Conditional Use ❑Variance ❑ Exemption ❑ Revision ❑ Floodplain Management ❑ Critical Areas Ordinance El Washington Department of Fish and Wildlife for HPA(Submit 3 copies to WDFW Region) ❑ Washington Department of Ecology for 401 Water Quality Certification Nationwide Permits(to Regional office-Federal Permit Unit) ❑ Washington Department of Natural Resources for Aquatic Resources Use Authorization Notification ❑ Corps of Engineers for: ❑ Section 404 ❑ Section 10 permit ❑ Coast Guard for Section 9 Bridge Permit ❑ US Fish&Wildlife Service or National Marine Fisheries Service for Endangered Species Act(ESA)Consultation SECTION A-Use for all permits covered by this application. Be sure to ALSO complete Section C(Signature Block)for all permii applications. 1.APPLICANT Peggy Matkins MAILING ADDRESS 1041 Old Belfair Highway,Belfair,WA 98528 WORK PHONE E-MAIL ADDRESS HOME PHONE FAX# N/A (360)275-5186 N/A If an agent is acting for the applicant during the permit process,complete#2. AUTHORIZED AGENT Mason Conservation District MAILING ADDRESS 1051 SE Hwy 3,Suite G,Shelton,WA 98584 WORK PHONE E-MAIL ADDRESS HOME PHONE FAX# (360)427-9436 mcd@attglobal.net 3.RELATIONSHIP OF APPLICANT TO PROPERTY: O OWNER ❑PURCHASER ❑LESSEE ❑OTHER: .NAME,ADDRESS,AND PHONE NUMBER OF PROPERTY OWNER(S),IF OTHER THAN APPLICANT. .LOCATION(STREET ADDRESS,INCLUDING CITY,COUNTY AND ZIP CODE,WHERE PROPOSED ACTIVITY EXISTS OR WILL OCCUR) 1041 Old Belfair Highway, Belfair,WA 98528 LOCAL GOVERNMENT WITH JURISDICTION(CITY OR COUNTY) Mason ATERBODY TRIBUTARY OF WRIA# Union River N/A 16 %SECTION I SECTION TOWNSHIP RANGE I GOVERNMENT LOT SHORELINE DESIGNATION NE 20 23N 1 W Rural LATITUDE&LONGITUDE N 471287 W 122049'43" ZONING DESIGNATION IF KNOWN: TAX PARCEL NO. DNR STREAM TYPE,IF KNOWN 12320 42 00090 Type 1 II I N I,r1iL PARCEL FILE 6.DESCRIBE THE CURRENT USE OF THE PROPERTY,AND STRUCTURES EXISTING ON THE PROPERTY. IF ANY PORTION OF THE PROPOSED ACTIVITY IS ALREADY COMPLETED ON THIS PROPERTY,INDICATE MONTH AND YEAR OF COMPLETION. Rural Residential IS THE PROPERTY AGRICULTURAL LAND? ❑YES ❑O NO ARE YOU A USDA PROGRAM PARTICIPANT? ❑YES ❑O NO 7a. DESCRIBE THE PROPOSED CONSTRUCTION AND/OR FILL WORK FOR THE PROJECT THAT YOU WANT TO BUILD THAT NEEDS AQUATIC PERMITS. COMPLETE PLANS AND SPECIFICATIONS SHOULD BE PROVIDED FOR ALL WORK WATERWARD OF THE ORDINARY HIGH WATERMARK OR LINE,INCLUDING TYPES OF EQUIPMENT TO BE USED. IF APPLYING FOR A SHORELINE PERMIT,DESCRIBE ALL WORK WITHIN AND BEYOND 200 FEET OF THE ORDINARY HIGH WATER MARK. ATTACH A SEPARATE SHEET IF ADDITIONAL SPACE IS NEEDED. This project proposal is to install LWD and anchor small trees along the eroding left bank to both to restore destroyed fish habitat features and protect a Riverfront residential property 7b. DESCRIBE THE PURPOSE OF THE PROPOSED WORK AND WHY YOU WANT OR NEED TO PERFORM IT AT THE SITE. PLEASE EXPLAIN ANY SPECIFIC NEEDS THAT HAVE INFLUENCED THE DESIGN. The LWD will be installed by hand,using cables with a come-along or attached to a vehicle operating above the bank. The LWD Will be wedged into an existing logjam at the upstream edge of the project area,no further anchoring is proposed. Downstream of the LWD installation,small coniferous trees(avg.6'high,3'branch diameter at base)will be installed by driving 4'stakes into the bank,and then tying each tree to at least 3 stakes using%" manila rope. This design is intended to replace the fish habitat features lost due to destruction of the riparian area due to erosion,and to protect the shoreline and residence from further erosion by emulating the natural function of large woody debris and brush which is typical to the river's banks both upstream and downstream of the project area. An experiment was conducted using this installation technique,and it was found that this type of protection can be installed and maintained with negligible or no sedimentation. This installation shall be monitored and maintained,as it will degrade over time. 7c. DESCRIBE THE POTENTIAL IMPACTS TO CHARACTERISTIC USES OF THE WATER BODY. THESE USES MAY INCLUDE FISH AND AQUATIC LIFE,WATER QUALITY,WATER SUPPLY, RECREATION,and AESTHETICS. IDENTIFY PROPOSED ACTIONS TO AVOID,MINIMIZE,AND MITIGATE DETRIMENTAL IMPACTS,AND PROVIDE PROPER PROTECTION OF FISH AND AQUATIC LIFE. ATTACH A SEPARATE SHEET IF ADDITIONAL SPACE IS NEEDED. The project area is the riverfront for a private residence. This installation is expected to enhance the local fish habitat by adding complexity,shade,cover,and flood refuge for fish by adding LWD to the bank- At first,the small tree installation may be somewhat unsightly,but not as unsightly as the current condition. However,this area is expected to aggrade sediment,and the small trees should slowly be covered. This area can then be planted after the bank stabilizes. PREPARATION OF DRAWINGS: SEE SAMPLE DRAWINGS AND GUIDANCE FOR COMPLETING THE DRAWINGS. ONE SET OF ORIGINAL OR GOOD QUALITY REPRODUCIBLE DRAWINGS MUST BEATTACHED. NOTE: APPLICANTS ARE ENCOURAGED TO SUBMIT PHOTOGRAPHS OF THE PROJECT SITE,BUT THESE DO NOT SUBSTITUTE FOR DRAWINGS. THE CORPS OF ENGINEERS D COAST GUARD REQUIRE DRAWINGS ON 8.12 X 11 INCH SHEETS. LARGER DRAWINGS MAYBE REQUIRED BY OTHER AGENCIES. 8,WILL THE PROJECT BE CONSTRUCTED IN STAGES? ❑YES ❑O NO PROPOSED STARTING DATE: As soon as possible ESTIMATED DURATION OF ACTIVITY: 55 days 9.CHECK IF ANY STRUCTURES WILL BE PLACED: O WATERWARD OF THE ORDINARY HIGH WATER MARK OR LINE FOR FRESH OR TIDAL WATERS,AND/OR ❑WATERWARD OF MEAN HIGH WATER LINE IN TIDAL WATERS 10,WILL FILL MATERIAL(ROCK,FILL,BULKHEAD,OR OTHER MATERIAL)BE PLACED: ❑WATERWARD OF THE ORDINARY HIGH WATER MARK OR LINE FOR FRESH WATERS? IF YES,VOLUME(CUBIC YARDS) /AREA (ACRES) ❑WATERWARD OF THE MEAN HIGHER HIGH WATER FOR TIDAL WATERS? IF YES,VOLUME(CUBIC YARDS) AREA (ACRES) 11.WILL MATERIAL BE PLACED IN WETLANDS? ❑YES ❑O NO IF YES: A. IMPACTED AREA IN ACRES. B. HAS A DELINEATION BEEN COMPLETED? IF YES,PLEASE SUBMIT WITH APPLICATION. ❑YES ❑NO C. HAS A WETLAND REPORT BEEN PREPARED? IF YES,PLEASE SUBMIT WITH APPLICATION. ❑YES ❑NO D. TYPE AND COMPOSITION OF FILL MATERIAL(E.G,SAND,ETC-). E. MATERIAL SOURCE: F. LIST ALL SOIL SERIES(TYPE OF SOIL)LOCATED AT THE PROJECT SITE,&INDICATE IF THEY ARE ON THE COUNTYS LIST OF HYDRIC SOILS.SOILS INFORMATION CAN BE OBTAINED FROM THE NATURAL RESOURCES CONSERVATION SERVICE(NRCS): 12 WILL PROPOSED ACTIVITY CAUSE FLOODING OR DRAINING OF WETLANDS? ❑YES ❑x NO IF YES,IMPACTED AREA IS_ACRES. 13,WILL EXCAVATION OR DREDGING BE REQUIRED IN WATER OR WETLANDS? ❑YES ONO IF YES: A. VOLUME: (CUBIC YARDS)/AREA (ACRES) B. COMPOSITION OF MATERIAL TO BE REMOVED: C. DISPOSAL SITE FOR EXCAVATED MATERIAL. D. METHOD OF DREDGING: 14.HAS THE STATE ENVIRONMENTAL POLICY ACT(SEPA)BEEN COMPLETED? ❑YES O NO SEPA LEAD AGENCY. WDFW SEPA DECISION: DNS,MDNS,EIS,ADOPTION,EXEMPTION DECISION DATE(END OF PERIOD): SUBMIT A COPY OF YOUR SEPA DECISION LETTER TO WDFW AS REQUIRED FOR A COMPLETE APPLICATION 15.LIST OTHER APPLICATIONS,APPROVALS,OR CERTIFICATIONS FROM OTHER FEDERAL,STATE OR LOCAL AGENCIES FOR ANY STRUCTURES,CONSTRUCTION,DISCHARGES,OR OTHER ACTIVITIES DESCRIBED IN THE APPLICATION(I.E.,PRELIMINARY PLAT APPROVAL,HEALTH DISTRICT APPROVAL,BUILDING PERMIT,SEPA REVIEW,FEDERAL ENERGY REGULATORY COMMISSION LICENSE(FERC),FOREST PRACTICES APPLICATION,ETC.) ALSO INDICATE WHETHER WORK HAS BEEN COMPLETED AND INDICATE ALL EXISTING WORK ON DRAWINGS. TYPE OF APPROVAL ISSUING AGENCY IDENTIFICATION DATE OF APPLICATION DATE APPROVED COMPLETED? NO. 6.HAS ANY AGENCY DENIED APPROVAL FOR THE ACTIVITY DESCRIBED HEREIN OR FOR ANY ACTIVITY DIRECTLY RELATED TO THE ACTIVITY DESCRIBED HEREIN? ❑YES ❑NO IF YES,EXPLAIN: SECTION B-Use for Shoreline and Corps of Engineers permits onlV. 7.TOTAL COST OF PROJECT. THIS MEANS THE FAIR MARKET VALUE OF THE PROJECT,INCLUDING MATERIALS,LABOR,MACHINE RENTALS,ETC. 8.LOCAL GOVERNMENT WITH JURISDICTION. Mason 9.FOR CORPS,COAST GUARD,AND DNR PERMITS,PROVIDE NAMES,ADDRESSES,AND TELEPHONE NUMBERS OF ADJOINING PROPERTY OWNERS,LESSEES,ETC.. PLEASE NOTE: SHORELINE MANAGEMENT COMPLIANCE MAY REQUIRE ADDITIONAL NOTICE—CONSULT YOUR LOCAL GOVERNMENT. NAME ADDRESS PHONE NUMBER SECTION C-This section MUST be completed for any permit covered by this application 0.APPLICATION IS HEREBY MADE FOR A PERMIT OR PERMITS TO AUTHORIZE THE ACTIVITIES DESCRIBED HEREIN. I CERTIFY THAT I AM FAMILIAR WITH THE INFORMATION CONTAINED IN THIS APPLICATION,AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF,SUCH INFORMATION IS TRUE,COMPLETE,AND CCURATE. I FURTHER CERTIFY THAT I POSSESS THE AUTHORITY TO UNDERTAKE THE PROPOSED ACTIVITIES. I HEREBY GRANT TO THE AGENCIES TO WHICH HIS APPLICATION IS MADE,THE RIGHT TO THE ABOVE- SCRIBED LOCATION TO INSPECT THE PROPOSED,IN-PROGRESS OR COMPLETED WORK. I AGREE TO START WORK ONLY AFT L NEC SSARY PE HAVE BEEN RECEIVED. SIGNATURE OF APPLICANT AUTHORIZED AG NT ATE I 1 I HEREBY DESIGNATE Mason ConservatmdDistrict TO ACT AS MY AGENT IN MATTERS RELATED O THIS APPLICATION FOR PERMIT(S). I UNDERSTAND THAT IF A FEDERAL PERMIT IS ISSUED, I MUST SI PERMIT SIGNATURE O P ANT DATE SIGNATURE OF DOWNER(EXCEPT PUBLIC ENTITY LANDOWNERS,E.G.DNR) ATE /' _ IDPJ_12_ A THIS APPLICATIO MUS SIGNED BY THE APPLICANT AND THE AGENT,IF AN AUTHORIZED AGENT IS DESIGNATED. 18 U.S.0§1001 provides that Whoever,in any manner within the jurisdiction of any department or agency of the United States knowingly falsifies,conceals,or covers up by any trick,scheme,or device a material fad or makes any false,fictitious,or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false,fictitious,or fraudulent statement or entry,shall be fined not more than$10,000 or imprisoned not more than 5 years or both. COMPLETED BY LOCAL OFFICIAL A_ Nature of the existing shoreline. (Describe type of shoreline, such as marine, stream, lake, lagoon, marsh, bog, swamp, flood plain, floodway, delta; type of beach, such as accretion, erosion, high bank, low bank, or dike; material such as sand, gravel, mud, clay, rock, riprap; and extent and type of bulkheading, if any:) B. In the event that any of the proposed buildings or structures will exceed a height of thirty-five feet above the average grade level, indicate the approximate location of and number of residential units, existing and potential, that will have an obstructed view: C. If the application involves a conditional use or variance, set forth in full that portion of the master program which provides that the proposed use may be a conditional use, or, in the case of a variance, from which the variance is being sought: These Agencies are Equal Opportunity and Affirmative Action employers. For special accommodation needs,please contact the appropriate agency in the instructions. rrw y 'JauMo lualuoo to IgBpAdon alo0'®vsn odol-oWJO1a ZOOZ oml oytl yos n V OGOZ=..L wL 000.SZ L olooS oor 17, IF el _ - fi T r' fifi I >rfi -Ipero ' 1 I i, I. I r I I >. ,.: Application for Streamlined Process for FISH HABITAT ENHANCEMENT PROJECTS Addition to the Joint Aquatic Permit Application Form (JARPA) ;rifgd:?:;::<,: a._:x, :- .mom Under recent laws,you may qualify for a streamlined permit process with no fees,if your project is designed to enhance fish habitat.If your project meets the requirements below,you are entitled to the streamlined Hydraulic Project Approval(HPA)process,exemption from the State Environmental Policy Act,and exemption from all local government permits and fees.To apply for the exemption process,the applicant must provide on the same day,the JARPA form and this cover addition to: the Department of Fish and Wildlife(WDFW)and all applicable Local Government planning and permitting departments.Local governments have 15-days to provide comments to WDFW, who will use these comments to aid them in making decisions(see below for details). APPLICANTS-To OUALIFYfor the fish habitat enhancement exemption you must check at least one each from A an"; A)Projects must accomplish one or more of the following fish habitat restoration tasks(check which one applies): ■ Removal of human-made fish passage barriers; or Restoration of an eroded or unstable stream bank using bioengineering techniques;or ■ Placement of woody debris or other in-stream structures that benefit naturally reproducing fish stocks. AND B)Projects must also be approved in one or more of the following ways(check which apply,and provide details as requested): ■ By WDFW,through the Salmon Enhancement,or Volunteer Cooperative Fish and Wildlife Enhancement Programs;Provide project name,and who at WDFW approved the project ■ By the sponsor of a watershed restoration plan as provided in chapter 89.08RCW;Provide title of plan and dare,and approving or sponsoring agency • By the Department of Fish and Wildlife as a department-sponsored fish enhancement or restoration project; ■ Through the review and approval process for the Jobs for the Environment program; • Through the review and approval process for Conservation District sponsored projects,where the project complies with design standards established by the conservation commission through interagency agreement with the United States Fish and Wildlife Service and the Natural Resource Conservation Service;Provide approval dare and name of Conservat. District approving project 4 s •K G ant?.�y��Ja N ,'S r �--_3 L! & 142 ;or • Through a formal grant program established by the legislature or the Department of Fish and Wildlife for fish habitat enhancement or restoration(currently the Dept. of Transportation is handling grant applications— contact Peter Downey at(360)705-7492 for information)Provide grant application date ,and circle status-Approved,Denied,or Pending. To APPL Y for the Exemption—if you have checked a box from h th A and B above,complete the following: 1. Submit this cover letter and a complete JARPA form as an application for the fish habitat enhancement exemption to the Local Government planning department,and WDFW. These applications must be submitted on the same day starting a 15-day comment period. If significant concerns are raised during the I5-day comment period regarding adverse impacts that cannot be addressed through HPA conditions,WDFW can determine that the project does not qualify for the exemption process. If this determination is made,the applicant may re-apply to WDFW,the applicable Local Government,and any other applicable permitting agency for approval under the full permitting process. Provide I)name and number of habitat biologist at WDFW you applied to and 2)what local government you applied to 2. Apply for all other Federal and State permits needed as defined in the JARPA form. (Fill in waters of the state will require a 404 permit from the Corps of Engineers,and possibly a 401 Water Quality Certification from Ecology). 3. The only work covered by the exemption process must be for fish habitat enhancement. If only apiece of your project is for habitat enhancement,the remainder of the project must be covered by the full permitting process. 4. If WDFW determines that your project meets the criteria for the exemption,your project is exempt from SEPA and from local government permits and fees.You will have an answer from WDFW within 45 days of the receipt of this cover letter and complete JAM form. LOCAL GO VERNMENTS: PLEASE NOTE—you only have 15 days to review the projects and provide continents to WDFW or your comments will be considered waived Per the new law,you are responsible for the following: 1. You must accept the JARPA application form and this revised cover addition for project review; 2. If the Local Government chooses to comment on the project,comments(support or objection)must be provided to the WDFW local habitat biologist responsible for the project area within 15-days of receipt of the JARPA form; 3. If determined by WDFW that the project meets the habitat enhancement exemption criteria, SEPA and all local government permits are considered exempt and consistent with the revisions to the WACs,and local government fees are waived. 4. The law determines that"fish habitat enhancement projects that conform to the provisions of the act are determined to be consistent with local shoreline master programs". DEPARTMENT OFFISHAND WILDLIFE: 1. Upon receipt of a complete JARPA and request for the fish habitat exemption process,review the proposed project plan for compliance with the requirements listed in section I and 2 of 2SHB 2879(also listed on page 1,applicant section#A and B). a)If JARPA is incomplete or if it is determined that a project does NOT meet the exemption criteria,contact the applicant and local government planning department and inform them the project does not qualify for the exemption. Return JARPA to the applicant. The applicant may reapply to WDFW,the applicable Local Government and other permitting agencies for approval under the full permitting process. b)If JARPA is complete and the project meets the criteria, start the HPA 45-day exemption process(defined below),- 2. WDFW must allow 15 days for interested parties, and local governments to provide comments on the project—no approval action can be taken within the first 15 days of receipt of the JARPA; 3. If comments are received,WDFW will decide whether the concerns raised can be mitigated through conditions of the HPA—if yes,continue to#4. If no,WDFW will notify the applicant and applicable Local Government. The applicant may reapply to WDFW,the applicable Local Government and other permitting agencies for approval under the full permitting process; 4. WDFW must approve or deny the HPA,or make a determination that the proposed work does not qualify for the exemption process within 45 days. 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