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HomeMy WebLinkAboutSHX2012-00022 JARPA Repair Storm Damage - SHX Permit / Conditions - 5/31/2012 STgTFO MASON COUNTY �P C DEPARTMENT OF COMMUNITY DEVELOPMENT o s N Planning Division r o N z P O Box 279, Shelton, WA 98584 7 N Y ti (360)427-9670 OJ �O 1864 Exemption from Shoreline Management Act Case No.: SHX2012-00022 Substantial Development Permit Requirement The Proposal By: LILLIWAUP FALLS GENERATING COMPANY 1402 3RD AVE SUITE 1318 SEATTLE,WA 98101-2116 To undertake the following development: Repair storm damage to hydroelectric facility on Lilliwaup Creek. The repairs consist of the following: 1. The construction of a mechanically stabilized earth wall and the resloping of the slide scar in the landslide area. 2. The construction of a new pipe to replace the existing failed concrete box culvert 3. The repair of the existing intake box and weir structures. 4. The removal of accumulated sediments within the intake box (80 cubic yards). Within LILLIWAUP CREEK and/or its associated wetlands is exempt from the requirement of substantial development because the development is categorized under WAC 173-27-040(2) as being category B-normal maintenance Please contact Rebecca Hersha at ext 287 if you have any questio Issued: 5/31/2012 Expires: 5/31/2014 Authorized Local Government Official cc: APPLICANT WDFW USACOE WDOE TRIBAL COUNCIL -------------------------------------- ' AGENCY l]S o1vLY w 2010 M ; Date received: �� US Army Corps ; WASHINGTON STATE of Engineers• ; Seams Dishict , Joint Aquatic Resources Permit Agency reference#: r Smit/0- 7 ; Application (JARPA) Form' Tax Parcel#(s): ' 3�3i9-.i3-Qooc�o ' USE BLACK OR BLUE INK TO ENTER ANSWERS IN WHITE SPACES BELOW. ; o��b OQoc7O�cc7 400030 ' Part 1—Project Identification 1. Project Name (A name for your project that you create. Examples: Smith's Dock or Seabrook Lane Development) h[ e, 2 Lilliwaup Falls Power Project—Landslide and Intake Area Repairs. Part 2—Applicant The person or organization responsible for the project. h[ eAl 2a. Name (Last, First, Middle) and Organization(if applicable) Lilliwaup Falls Generating Company 2b. Mailing Address (Street or PO Box) 1402 3rd Ave Suite 1318 2c. City, State, Zip Seattle, WA 98101-2116 2d. Phone(1) 2e. Phone(2) 2f. Fax 2 E-mail (206) 224-5466 ( ) ( ) cmusgra@simpson.com Part 3—Authorized Agent or Contact Person authorized to represent the applicant about the project. (Note: Authorized agent(s) must sign 11 b. of this application.) hel 3a. Name (Last, First, Middle) and Organization (if applicable) Seneca Group, Craig Norsen 3b. Mailing Address (Street or PO Box) 1191 Second Ave Suite 1500 Additional forms may be required for the following permits: • If your project may qualify for Department of the Army authorization through a Regional General Permit(RGP),contact the U.S.Army Corps of Engineers for application information(206)764-3495. • If your project might affect species listed under the Endangered Species Act,you will need to fill out a Specific Project Information Form(SPIF)or prepare a Biological Evaluation. Forms can be found at http://www.nws.usace.army.miI/Pub]icMenu/Menu.cfm?sitename=REG&pagename=mainpage_ESA • If you are applying for an Aquatic Resources Use Authorization you will need to fill out and submit an Application for Authorization to Use State- Owned Aquatic Lands form to DNR,which can be found at http://www.dnr.wa.gov/Publications/aqr_use_auth_app.doc • Not all cities and counties accept the JARPA for their local Shoreline permits. If you think you will need a Shoreline permit,contact the appropriate city or county government to make sure they will accept the JARPA. 2To access an online JARPA form with[help]screens,go to http://www.epermitting.wa.gov/site/alias_resourcecenter/jarpa_jarpa_form/9984/J*arpa_form.aspx. For other help,contact the Governor's Office of Regulatory Assistance at 1-800-917-0043 or help@ora.wa.gov. JARPA 2010 v1 3/30/2010 Page 1 of 14 3c. City, State, Zip Seattle, WA 98101 3d. Phone(1) 3e. Phone(2) 3f. Fax 3 . E-mail (206) 628-3150 (206) 808-7854 craign@senecagroup.com Part 4—Property Owner s P Y ( ) Contact information for people or organizations owning the property(ies) where the project will occur. hl elpl x❑ Same as applicant. (Skip to Part 5.) ❑ Repair or maintenance activities on existing rights-of-way or easements. (Skip to Part 5.) ❑ There are multiple property owners. Complete the section below and fill out JARPA Attachment A for each additional property owner. 4a. Name (Last, First, Middle)and Organization (if applicable) 4b. Mailing Address (Street or PO Box) 4c. City, State, Zip 4d. Phone(1) 4e. Phone(2) 4f. Fax 4 . E-mail —f Part 5—Project Location(s) Identifying information about the property or properties where the project will occur. [km ❑ There are multiple project locations (e.g., linear projects). Complete the section below and use JARPA Attachment B for each additional project location. 5a. Indicate the type of ownership of the property. (Check all that apply.) of elp� ❑ State Owned Aquatic Land (If yes or maybe, contact the Department of Natural Resources (DNR)at(360)902-1100) ❑ Federal ❑ Other publicly owned (state, county, city, special districts like schools, ports, etc.) ❑ Tribal X❑ Private 5b. Street Address (Cannot be a PO Box. If there is no address,provide other location information in 5p.) h( e 501 N Lilliwaup Street 5c. City, State, Zip(If the project is not in a city or town, provide the name of the nearest city or town.) h[ elp] Lilliwaup, WA 98555 5d. County ftelp Mason JARPA 2010 v1 3/30/2010 Page 2 of 14 5e. Provide the section, township, and range for the project location. hLel] '/4 Section Section Township Range NW 19 23N 03W 5f. Provide the latitude and longitude of the project location. hel • Example: 47.03922 N lat./-122.89142 W long. (NAD 83) 47.47207 N 123.12043 W 5g. List the tax parcel number(s) for the project location. hel • The local county assessor's office can provide this information. 323192300000 5h. Contact information for all adjoining property owners. (If you need more space, use JARPA Attachment C.) hel Name Mailing Address Tax Parcel # (if known) No adjacent neighbors 5i. List all wetlands on or adjacent to the project location. h( eM No wetlands adjacent the proposed project areas. 5j. List all waterbodies (other than wetlands) on or adjacent to the project location. [helms] Lilliwaup Creek, Winter Creek, Beardsley Creek 5k. Is any part of the project area within a 100-year flood plain? h[ eld X❑ Yes ❑ No ❑ Don't know 51. Briefly describe the vegetation and habitat conditions on the property. hel Site is heavily vegetated with native vegetation. JARPA 2010 v1 3/30/2010 Page 3 of 14 5m. Describe how the property is currently used. nei Hydroelectric Power Plant. 5n. Describe how the adjacent properties are currently used. n[ eii Forest. 50. Describe the structures (above and below ground) on the property, including their purpose(s). n( ey There is an existing intake area for the hydroelectric facility, a damaged concrete flume, gate house, screen house, and penstock. 5p. Provide driving directions from the closest highway to the project location, and attach a map. h( elpl j The site is located off Hwy 106, west of Lilliwaup, at the end of Lilliwaup Street. i JARPA 2010 v1 3/30/2010 Page 4 of 14 Part'6—Project Description 6a. Summarize the overall project. You can provide more detail in 6d. hel The proposed project includes the removal of an existing collapsed steel bridge and the existing failed concrete flume, stabilization of the slide area, and construction of a new pipe to replace the existing concrete flume. Proposed repairs to the intake area include the repair of the concrete intake box and weir structures, and the removal of accumulated sediments. 6b. Indicate the project category. (Check all that apply) hf e X❑ Commercial ❑ Residential ❑ Institutional ❑ Transportation ❑ Recreational ❑ Maintenance ❑ Environmental Enhancement 6c. Indicate the major elements of your project. (Check all that apply) [help] ❑ Aquaculture ❑ Culvert ❑ Float ❑ Road ❑ Bank Stabilization V] Dam /Weir Nr« ElGeotechnical Survey ElScientific ElBoat House ElDike / Levee /Jetty ❑ Land Clearing Measurement Device ❑ Boat Launch ❑ Ditch ❑ Marina / Moorage ❑ Stairs ❑ Boat Lift ❑ Dock/ Pier ❑ Mining ❑ Stormwater facility ❑ Bridge ❑ Dredging ❑ Outfall Structure ❑ Swimming Pool ❑ Bulkhead ❑ Fence ❑ Piling ❑ Utility Line ❑ Buoy ❑ Ferry Terminal X❑ Retaining Wall ❑ Channel Modification ❑ Fishway (upland) ❑ Other: 6d. Describe how you plan to construct each project element checked in 6c. Include specific construction methods and equipment to be used. hf e • Identify where each element will occur in relation to the nearest waterbody. • Indicate which activities are within the 100-year flood plain. Stabilizing of the slide area will involve the construction of a 60 feet(height) by 145 feet (length) by 40 feet(depth) mechanically stabilized earth (MSE)wall, using a system of welded wire mats and facing to build an embankment across the slide area. The MSE wall will have a face slope of% horizontal to 1 vertical. The existing steep slopes of the upper slide scar will be re-graded to a stable 2H to 1 V slope, and the resulting material will be used to fill the embankment area. The size of the area to be re-sloped is approximately 96,000 square feet(2.2 acres). Approximately 34,000 square feet(0.8 acre) of existing native vegetation will be lost in the re-sloping. An existing access road will be extended across the completed upper slope area. A new 48-inch diameter high density polyethylene pipe (HDPE) will extend approximately 500 feet from an existing gate house to an existing screen house. This pipe shall be buried. The MSE wall face and all other disturbed ground areas will be hydroseeded following construction as per the Washington State Department of Ecology's BMP for temporary and permanent seeding. After the hydroseeded grasses are established the area shall be replanted with native trees. Any disturbed buffer area (previously or new) of Lilliwaup Creek in the vicinity of the MSE wall shall be replanted with native trees and shrubs (approx. 8500 sf). In the winter of 2007/2008, high flows in Lilliwaup Creek and Winter Creek damaged the intake area where water is directed into the hydroelectric facility. The intake area is located on the north side of Lilliwaup Creek, above the falls. Winter Creek, an ephemeral (non-perennial) Type F stream, discharges JARPA 2010 v1 3/30/2010 Page 5 of 14 into Lilliwaup Creek immediately adjacent the intake area. Damage included the loss of weir boards that impounded water, loss of a leaf cleaner conveyor, and the destruction of electric components, lighting, railings, and metalwork. Since the downstream concrete flume portions of the system were destroyed in the winter of 2005/2006, the annual sediment flushing of the intake box and adjacent tunnel has not occurred. Consequently, stream sediments (consisting primarily of alluvial gravels and cobble) have accumulated within and around the concrete intake box to a depth of approximately 5 feet above normal operating levels. Proposed repairs to the intake area include the repair of the concrete intake box and weir structures, and the removal of accumulated sediments (approx. 80 cubic yards). Turbidity curtain shall be used, along with additional BMPs, to alleviate downstream turbidity. The nearest waterbodies are Lilliwaup, Winter, and Beardsley Creeks. 6e. What are the start and end dates for project construction? (month/year) h( e • If the project will be constructed in phases or stages,use JARPA Attachment D to list the start and end dates of each phase or stage. Start date: _unknown End date: _unknown number of days, after issuance of all required permits. ❑ See JARPA Attachment D 6f. Describe the purpose of the project and why you want or need to perform it. hf elal To stabilize landslide area and repair the damaged flume and intake area of the existing Lilliwaup Falls hydroelectric facility. 6g. Fair market value of the project, including materials, labor, machine rentals, etc. hl elpl Unknown. 61h. Will any portion of the project receive federal funding? hf elpl • If yes, list each agency providing funds. ❑ Yes X❑ No ❑ Don't know Part 7—Wetlands: Impacts and Mitigation ❑ Check here if there are wetlands or wetland buffers on or adjacent to the project area. (If there are none, skip to Part 8.) hel 7a. Describe how the project has been designed to avoid and minimize adverse impacts to wetlands. hf elpl X❑ Not applicable JARPA 2010 v1 3/30/2010 Page 6 of 14 7b. Will the project impact wetlands? hl eld ❑ Yes X❑ No ❑ Don't know 7c. Will the project impact wetland buffers? hf em ❑ Yes X❑ No ❑ Don't know 7d. Has a wetland delineation report been prepared? hf eM • If yes, submit the report, including data sheets,with the JARPA package. ❑ Yes X❑ No 7e. Have the wetlands been rated using the Western Washington or Eastern Washington Wetland Rating System? h[ elp] • If yes, submit the wetland rating forms and figures with the JARPA package. ❑ Yes X❑ No ❑ Don't know 7f. Have you prepared a mitigation plan to compensate for any adverse impacts to wetlands? hel • If yes, submit the plan with the JARPA package and answer 7g. • If No,or Not applicable,explain below why a mitigation plan should not be required. ❑ Yes ❑ No X❑ Not applicable g. Summarize what the mitigation plan is meant to accomplish, and describe how a watershed approach was used to design the plan. hf elp] 7h. Use the table below to list the type and rating of each wetland impacted-, the extent and duration of the impact-, and the type and amount of mitigation proposed. Or if you are submitting a mitigation plan with a similar table, you can state (below) where we can find this information in the plan. [heV JARPA 2010 v1 3/30/2010 Page 7 of 14 Activity (fill, Wetland Wetland Impact Duration Proposed Wetland drain, excavate, Name' type and area (sq. of impact3 mitigation mitigation area flood, etc.) rating ft. or type (sq. ft. or category2 Acres) acres) If no official name for the wetland exists,create a unique name(such as"Wetland 1"). The name should be consistent with other project documents,such as a wetland delineation report. 2 Ecology wetland category based on current Western Washington or Eastern Washington Wetland Rating System.Provide the wetland rating forms with the JARPA package. 3 Indicate the days,months or years the wetland will be measurably impacted by the activity.Enter"permanent"if applicable. `Creation(C), Re-establishment/Rehabilitation(R), Enhancement(E), Preservation(P),Mitigation Bank/ln-lieu fee(B) Page number(s) for similar information in the mitigation plan, if available: 7i. For all filling activities identified in 7h., describe the source and nature of the fill material, the amount in cubic yards that will be used, and how and where it will be placed into the wetland. of elal 7j. For all excavating activities identified in 7h., describe the excavation method, type and amount of material in cubic yards you will remove, and where the material will be disposed. hel Part 8—Waterbodies (other than wetlands): Impacts and Mitigation In Part 8, "waterbodies" refers to non-wetland waterbodies. (See Part 7 for information related to wetlands.) hel X❑ Check here if there are waterbodies on or adjacent to the project area. (If there are none, skip to Part 9.) 8a. Describe how the project is designed to avoid and minimize adverse impacts to the aquatic environment. hf ell ❑ Not applicable JARPA 2010 v1 3/30/2010 Page 8 of 14 WDOE's BMPs and the WDFW's WAC construction requirements shall be strictly adhered to. Disturbed areas shall be replanted with native vegetation as per the Habitat Management Plan (Lilliwaup Falls Power Project, April 17, 2012). 8b. Will your project impact a waterbody or the area around a waterbody? hf eid X❑ Yes ❑ No 8c. Have you prepared a mitigation plan to compensate for the project's adverse impacts to non-wetland waterbodies? hf elP] • If yes, submit the plan with the JARPA package and answer 8d. • If No, or Not applicable,explain below why a mitigation plan should not be required. X❑ Yes ❑ No ❑ Not applicable 8d. Summarize what the mitigation plan is meant to accomplish. Describe how a watershed approach was used to design the plan. • If you already completed 7g.,you do not need to restate your answer here. hf elPj Mitigation is meant to prevent water pollution and to re-vegetate disturbed areas in the 150' buffer of Lilliwaup Creek. 8e. Summarize impact(s) to each waterbody in the table below. [help] Activity (clear, Waterbody Impact Duration Amount of material Area (sq. ft. or dredge, fill, pile name' location of impact' to be placed in or linear ft.) of drive, etc.) removed from waterbody waterbody directlyaffected Approx. 80 cubic Lilliwaup Intake 2 days 80 cubic yards Ten feet yards to be Creek Area removed from the intake box and flume tunnel (primarily not in the stream). JARPA 2010 v1 3/30/2010 Page 9 of 14 If no official name for the waterbody exists,create a unique name(such as"Stream 1")The name should be consistent with other documents provided. 2Indicate whether the impact will occur in or adjacent to the waterbody. If adjacent,provide the distance between the impact and the waterbody and indicate whether the impact will occur within the 100-year flood plain. 'Indicate the days,months or years the waterbody will be measurably impacted by the work. Enter"permanent"if applicable. 8f. For all activities identified in 8e., describe the source and nature of the fill material, amount (in cubic yards) you will use, and how and where it will be placed into the waterbody. hf elpl No fill to be placed into the waterbody. 8g. For all excavating or dredging activities identified in 8e., describe the method for excavating or dredging, type and amount of material you will remove, and where the material will be disposed. h[ elp] Excavation will take place with a pump truck. Approx. 80 cubic yards will be excavated from the intake box and flume tunnel. Material will be deposited at a suitable upland site (where it will not re-enter any waterbody) or be utilized in the slide repair project. Part 9—Additional Information Any additional information you can provide helps the reviewer(s) understand your project. Complete as much of this section as you can. It is ok if you cannot answer a question. 9a. If you have already worked with any government agencies on this project, list them below. hf elo Agency Name Contact Name Phone Most Recent Date of Contact Mason County Rebecca Hersha (360) 427-49670 #287 3-12 " itGrace Miller #360 4-19-12 9b. Are any of the wetlands or waterbodies identified in Part 7 or Part 8 on the Washington Department of Ecology's 303(d) List? LeM • If yes, list the parameter(s) below. • If you don't know, use Washington Department of Ecology's Water Quality Assessment tools at: http://www.ecy,wa.ciov/programs/wq/303d/. JARPA 2010 v1 3/30/2010 Page 10 of 14 X❑ Yes ❑ No Fecal coliform & dissolved oxygen. 9c. What U.S. Geological Survey Hydrological Unit Code (HUC) is the project in? h[ elpl • Go to http://cfpub.ei)a.gov/surf/locate/index.cfm to help identify the HUC. 17110018 9d. What Water Resource Inventory Area Number (WRIA#) is the project in? [heI • Go to hftp://www.ecy.wa.gov/services/gis/maps/wria/wria.htm to find the WRIA#. WRIA 16 9e. Will the in-water construction work comply with the State of Washington water quality standards for turbidity? hel • Go to http://www.ecy.wa.gov/programs/wq/swgs/criteria.html for the standards. X❑ Yes ❑ No ❑ Not applicable 9f. If the project is within the jurisdiction of the Shoreline Management Act, what is the local shoreline environment designation? hI eM • If you don't know, contact the local planning department. • For more information, go to: hftp://www.ecy.wa.gov/programs/sea/sma/laws rules/173-26/211 designations.html. ❑ Rural Urban ❑ Natural ❑ Aquatic ❑ Conservancy X❑ Other urban residential 9g. What is the Washington Department of Natural Resources Water Type? h( elpl • Go to http//www dnr wa gov/BusinessPermits/Topics/ForestPracticesApplications/Pages/fp watertyping aspx for the Forest Practices Water Typing System. X❑ Shoreline X❑ Fish ❑ Non-Fish Perennial ❑ Non-Fish Seasonal 9h. Will this project be designed to meet the Washington Department of Ecology's most current stormwater manual? h[ eM • If no, provide the name of the manual your project is designed to meet. X❑ Yes ❑ No Name of manual: Stormwater Management Manual for Western Washington. 9i. If you know what the property was used for in the past, describe below. hf eM Property is heavily forested. JARPA 2010 v1 3/30/2010 Page 11 of 14 9j. Has a cultural resource (archaeological) survey been performed on the project area? h[ elpl • If yes,attach it to your JARPA package. ❑ Yes X❑ No 91k. Name each species listed under the federal Endangered Species Act that occurs in the vicinity of the project area or might be affected by the proposed work. h[ elp] The Chinook salmon, the Hood Canal summer-run chum, the bull trout, the Puget Sound steelhead, the marbled murrelet, and the northern spotted owl are the ESA listed threatened or endangered species in the area. I 91. Name each species or habitat on the Washington Department of Fish and Wildlife's Priority Habitats and Species List that might be affected by the proposed work. [hpipi Riparian habitat. See above. Part 10—SEPA Compliance and Permits Use the resources and checklist below to identify the permits you are applying for. • Online Project Questionnaire at http://apps.ecy.wa.gov/opas/. • Governor's Office of Regulatory Assistance at (800) 917-0043 or help(CDora.wa.gov. • For a list of agency addresses to send your application, click on the "where to send your completed JARPA" at http://www.epermifting.wa.gov. 10a. Compliance with the State Environmental Policy Act (SEPA). (Check all that apply.) hei • For more information about SEPA, go to www.ecy.wa.gov/programs/sea/sepa/e-review.html. ❑ A copy of the SEPA determination or letter of exemption is included with this application. X❑ A SEPA determination is pending with _Mason County (lead agency). The expected decision date is ❑ I am applying for a Fish Habitat Enhancement Exemption. (Check the box below in yob.) LbLeM JARPA 2010 v1 3/30/2010 Page 12 of 14 X[� This project is exempt (choose type of exemption below). X❑ Categorical Exemption. Under what section of the SEPA administrative code (WAC) is it exempt? WAC 173-27-040 ❑ Other: ❑ SEPA is pre-empted by federal law. 10b. Indicate the permits you are applying for. (Check all that apply.) [he 1p� LOCAL GOVERNMENT Local Government Shoreline permits: ❑ Substantial Development ❑ Conditional Use ❑ Variance X❑ Shoreline Exemption Type (explain): Other city/county permits: ❑ Floodplain Development Permit Critical Areas Ordinance STATE GOVERNMENT Washington Department of Fish and Wildlife: X❑ Hydraulic Project Approval (HPA) ❑ Fish Habitat Enhancement Exemption Washington Department of Ecology: ❑ Section 401 Water Quality Certification Washington Department of Natural Resources: ❑ Aquatic Resources Use Authorization FEDERAL GOVERNMENT United States Department of the Army permits (U.S. Army Corps of Engineers): ❑ Section 404 (discharges into waters of the U.S.) ❑ Section 10 (work in navigable waters) United States Coast Guard permits: ❑ General Bridge Act Permit ❑ Private Aids to Navigation (for non-bridge projects) Part 11—Authorizing Signatures Signatures are required before submitting the JARPA package. The JARPA package includes the JARPA form, project plans, photos, etc. hf M 11a. Applicant Signature (required) hf elp] I certify that to the best of my knowledge and belief, the information provided in this application is true, complete, and accurate. I also certify that I have the authority to carry out the proposed activities, and I agree to start work only after I have received all necessary permits. I hereby authorize the agent named in Part 3 of this application to act on my behalf in matters related to this application. (initial) JARPA 2010 v1 3/30/2010 Page 13 of 14 eproperty. I also ive m consent to the e the authority to rant access to the By initialing here, I state that I have e ut y g g y permitting agencies entering the property where the project is located to inspect the project site or any work related to the project. (initial) Applicant Printed Name Applicant Signature Date 11 b. Authorized Agent Signature el I certify that to the best of my knowledge and belief,the information provided in this application is true, complete, and accurate. I also certify that I have the authority to carry out the proposed activities and I agree to start work only after all necessary permits have been issued. Authorized Agent Prin ,tl Name A orized Agennatur" Date 11 c. Property Owner Signature (if not applicant). hf elpl Not required if project is on existing rights-of-way or easements. I consent to the permitting agencies entering the property where the project is located to inspect the project site or any work. These inspections shall occur at reasonable times and, if practical, with prior notice to the landowner. Property Owner Printed Name Property Owner Signature Date 18 U.S.0§1001 provides that:Whoever,in any manner within the jurisdiction of any department or agency of the United States knowingly falsifies,conceals,or covers up by any trick,scheme,or device a material fact or makes any false,fictitious,or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false,fictitious,or fraudulent statement or entry,shall be fined not more than$10,000 or imprisoned not more than 5 years or both. If you require this document in another format,contact The Governor's Office of Regulatory Assistance(ORA).People with hearing loss can call 711 for Washington Relay Service-People with a speech disability can call(877)833-6341. ORA publication number: ENV-019-09 JARPA 2010 v1 3/30/2010 Page 14 of 14