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HomeMy WebLinkAboutSHX2008-00067 Restore Upland Meadow - SHX Permit / Conditions - 7/24/2008 P�oN STATFO MASON COUNTY C DEPARTMENT OF COMMUNITY DEVELOPMENT os o = Planning Division Z o T z P O Box 279, Shelton, WA 98584 �p N Y O~ (360)427-9670 J � 1864 Exemption from Shoreline Management Act Case No.: SHX2008-00067 Substantial Development Permit Requirement The Proposal By: LONG LIVE THE KINGS 1326 FIFTH AVENUE, STE 450 SEATTLE,WA 98101 To undertake the following development: Maintenance/Repair Project: Restore upland meadow where flood channel cut through and remove excess sediments from the right bank to save shade trees and prevent further erosion, remove sediment from the plugged 60-inch culvert on Beardslee Creek and restore the stream channel from culvert to its intersection with Lilliwaup Creek, restore the floodplain adjacent to the hatchery, rebuild the facility's acclimation pond, and restore a mitigation stream in the floodplain. Emergency Project: Reduce an upstream gravel bar that forces water into the meadow on the creek's elbow and against the steep north slope, reduce the sediment load in from of the historic residence, restore an upland area and re-grade the bank slope with surplus sediments to protect an existing retaining wall, armoring the access bridge and adjacent slope from washout, and construct a berm to protect the facility from further damages from flooding. 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 Tammi Wright at ext 295 if you have any questions. Issued: 7/24/2008 4a �'�� Expires: 7/24/2010 Authorized Local Government Official cc: APPLICANT WDFW USACOE WDOE TRIBAL COUNCIL D-.— Tn.k, 5 l t AGENCY USE ONLY Agency Reference#: Date Received: Circulated by: (local govt.or agency) RIECE ,EED Project Tracking Number: JOINT AQUATIC RESOURCES PERMIT APPLICATION FORM (JARP (for use in Washington State) 'VASON COUNTY Please use black ink. To fill in electronically, use F11 to move through the form. To use the help feature you must have an internet connection. ❑ Application for a Fish Habitat Enhancement Project per requirements of RCW 77.55.290. You must submit a copy of this completed JARPA application form and the(Fish Habitat Enhancement JARPA Addition)to your local Government Planning Department and Washington Department of Fish&Wildlife Area Habitat Biologist on the same day. NOTE: LOCAL GOVERNMENTS—You must submit any comments on these projects to WDFW within 15 working days. Based on the instructions provided, I am sending copies of this application to the following: (check all that apply) X❑Local Government for shoreline: Substantial Development ❑Conditional Use Flyariance ❑Exemption ❑Revision ❑Floodplain Management []Critical Areas Ordinance ©Washington Department of Fish and Wildlife for HPA(Submit 3 copies to WDFW Region) ❑Washington Department of Ecology for 401 Water Quality Certification(to Regional Office-Federal Permit Unit) ❑Washington Department of Natural Resources for Aquatic Resources Use Authorization Notification ®Corps of Engineers for: nSection 404 ❑Section 10 permit ❑Coast Guard for: ❑General Bridge Act Permit nPrivate Aids to Navigation(for non-bridge projects) [-]For Department of Transportation projects only: This project will be designed to meet conditions of the most current Ecology/Department of Transportation Water Quality Implementing Agreement PROJECT TITLE: Lilliwaup Creek Restoration PROJECT DESCRIPTION: Address issues in Lilliwaup Creek,downstream of Lilliwaup Falls, resulting from the"discrete"December 2007 flood event that affected much of western Washington. Protect and restore Endangered Species Act(ESA)listed summer chum and other salmon spawning habitat, remove excess sediment, unplug culvert,save vehicle bridge from washout,etc. Protect Lilliwaup Hatchery that rears ESA listed.Hood Canal summer chum and listed Hood Canal steelhead. SECTION A-Use for all permits covered by this application. Be sure to ALSO complete Section C(Signature Block)for all permit applications. ® 1.APPLICANT n Long Live the Kings(LLTK), Micha i t /J���rR ��,�< MAILING E-MAIL ADDRESS HOME(Cell)PHONE FAX# ADDRESS msci}gA'ict(cDIItk.org 206-669-7276 206-382-9913 1326 5th Ave Ste 450,Seattle,WA 98101 If an agent is acting for the applicant during the permit process,complete#2. Be sure agent signs Section C(Signature Block)for all permit applications ®2.AUTHORIZED AGENT WORK PHONE E-MAIL ADDRESS HOME PHONE FAX# 3. Relationship of applicant to property: ❑OWNER ❑PURCHASER LESSEE 4. Name,address and phone number of property owner(s)if other than applicant: Lilliwaup Falls Generating Company Attn:Gary Reed 1402 3rd Ave,#1318 Seattle,WA 98101 206-224-5191 5. Location(street address,including city,county and zip code,where proposed activity exists or will occur) N 501 Lilliwaup St., Lilliwaup,WA 98555 Office of Regulatory Assistance E-JARPA ver.1.5.20061004.0930 1 Local government with jurisdiction(city or county) Mason County i =Waterbody you are working in: Lilliwaup Creek and the =Tributary of WRIA# 16.0230 lower portion of the tributary, Hood Canal Beardslee Creek Is this waterbody on the 303(d)List** ❑ YES. ❑X NO If YES,what parameter(s)?Not currently, however, Lilliwaup ®Shoreline designation Creek was proposed to be listed as Category 5 and on the 303(d)in 2008. **For 303d List, ®Zoning designation httD://www.ecv.wa.aov/ ro rams/w /303d/index.html '/<Section Section Township Range Government Lot NE 1/4 19 23N 03W ®DNR stream type if known N 47.47002 Tax Parcel Number(s) Latitude and Longitude: W 123.1251 A. 323192400032,30 and 323305147003,6011-Lilliwaup Falls Generating Co and Lilliwaup Trust(a.k.a. Reed Property) 6. Describe(a)the current use of the property, (b)structures existing on the property,and(c)existing environmental conditions. Have you completed any portion of the proposed activity on this property? ❑YES ❑NO For any portion of the proposed activity already completed on this property, indicate month and year of completion. The Reed property is situated at the base of Lilliwaup Falls about 1/4 mile upstream of the mouth of Lilliwaup Creek.The property is residential but includes a hydro power plant and a hatchery facility operated by the applicant, Long Live the Kings.The hatchery facility is devoted to rearing salmon and steelhead populations listed under the Endangered Species Act. Below the Reed's property is some residential land,then estuary.The area under discussion is Lilliwaup Creek basin from the base of Lilliwaup Falls down to the south end of the Reed property(a brief description of downstream issues and a proposal to rectify the issue will be introduced to describe the scope of the issues at Lilliwaup Creek but is not part of this permit request)the tail end of a gravel plug at the upstream end of the Lilliwaup Creek estuary. Environmental Conditions:The area was ravaged during the"discrete"flood event that occurred as a result of a severe rainstorm and snowmelt in early December 2007.This is the same event that impacted much of western Washington and northwestern Oregon.On Lilliwaup Creek:the stream bed has risen anywhere from 2 to 5 ft,gravel bars have formed and excess gravel deposited along the banks, the stream channel has been diverted due to gravel deposition threatening to erode a slope on the north bank and undermining the access bridge abutment,the flood-water channeled through an upland meadow, and a tributary culvert is plugged. For a complete graphical description, including photos and diagrams, please see the work plan included with this application. Regarding impacts: a) Adult Hood Canal Summer Chum, listed as threatened under the Endangered Species Act(ESA),will begin their return to Lilliwaup Creek to spawn in late-August. For summer chum and other salmon that occupy Lilliwaup Creek: a)the amount of viable spawning habitat for listed summer chum has reduced and upstream access limited during low flows; b)the threat of salmon redds being buried by excess gravel moving in the system is high;c)unexpected stream redirection in high fall/winter flows and subsequent bank erosion could present finer sediments that bury or suffocate redds. Furthermore,the bases of several trees that remain along the banks of the stream are covered in gravel. If left as is,the gravel could kill the trees, leading to additional bank erosion and removing shade trees utilized by salmon and other organisms in the stream. b) Lilliwaup Creek in its current state continues to threaten the integrity of Lilliwaup Hatchery. If the creek and hatchery were left as is, even normal fall high flows could again damage the hatchery and its water intake, resulting in another catastrophic loss of the listed salmon and steelhead reared at the hatchery. By design(multiple tanks to separately rear many groups of fish)and since it is operated by a nonprofit, Lilliwaup Hatchery is one of the few hatchery facilities that has the flexibility to devote itself to the artificial propagation of depressed wild salmon and steelhead populations for research and recovery purposes. Lilliwaup Hatchery currently rears four ESA-listed stocks, Lilliwaup Creek summer chum, Hamma Hamma summer chum, Duckabush steelhead, and Dewatto steelhead(two of the three steelhead stocks supplemented)as part of two extensive, multi-agency, multi-million dollar projects to recover summer chum and steelhead in Hood Canal:the Hood Canal Summer Chum Initiative and the Hood Canal Steelhead Project. c) The properties along Lilliwaup Creek remain threatened. Given the stream's condition, high flows and subsequent movement of loose gravel could further erode banks,continue to undermine the Reed property bridge supports, plug culverts,and redirect water so that it again floods homes and other facilities. ® Is the property agricultural land? ❑YES ❑X NO Are you a USDA program participant? []YES❑X NO Office of Regulatory Assistance E-JARPA ver.1.5.20061004.0930 2 i 7a. Describe the proposed work that needs aquatic permits: Complete plans and specifications should be provided for all work waterward of the ordinary high water mark or line, including types of equipment to be used. If applying for a shoreline permit, describe all work within and beyond 200 feet of the ordinary high water mark. If you have provided attached materials to describe your project, you still must summarize the proposed work here. Attach a separate sheet if additional space is needed. The following is a brief list of the proposed work to be completed, beginning at the base of Lilliwaup Falls and ending at the upper end of the estuary on Lilliwaup Creek. Please see the appended Work Plan for a complete description: a) Reduce an upstream gravel bar that forces water into the meadow on the creek's elbow and against the steep north slope, threatening to continue erosion; b) Restore the upland meadow where a flood channel has cut through and remove excess sediments from the right bank of the meadow above the vehicle access bridge to save shade trees, prevent further erosion, and allow the creek to center itself under the bridge; c) Remove the sediment from the mostly plugged 60-inch Culvert on Beardslee Creek and restore the stream channel from the 60- inch Culvert to its intersection with Lilliwaup Creek; d) Reduce the sediment load in front of the historic residence, restore an upland area and re-grade the bank slope with surplus sediments to protect a pre-existing concrete retaining wall; e) Protect the property access bridge and adjacent slope from washout(like the washout of the Car-Bridge downstream from the Hatchery)by armoring with fractured rock, including a root wad for fish habitat; f) Restore the flood plain adjacent to LLTK's Lilliwaup Hatchery, rebuild the facility's acclimation pond, restore a mitigation stream in the floodplain and construct a berm to protect the facility from further damages if flooding were to again occur; g) (Phase Il.This work is not proposed to be completed at this time. Permit authorities requested a separate process for this work.) Restore mainstem flows in an area plugged with gravel downstream to prevent degradation of the estuary and restore salmon spawning habitat. PREPARATION OF DRAWINGS: See sample drawings and guidance for completing the drawings. ONE SET OF ORIGINAL OR GOOD QUALITY REPRODUCIBLE DRAWINGS MUST BE ATTACHED. NOTE: Applicants are encouraged to submit photographs of the project site, but these DO NOT substitute for drawings. THE CORPS OF ENGINEERS AND COAST GUARD REQUIRE DRAWINGS ON 8-112 X 11 INCH SHEETS. LARGER DRAWINGS MAYBE REQUIRED BY OTHER AGENCIES. m 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 purpose of the work is to restore and protect a major spawning location for ESA-listed summer chum, protect property and structures from further damage, and rehabilitate and protect Lilliwaup Hatchery from catastrophic loss of Hamma and Lilliwaup summer chum and Duckabush and Dewatto winter steelhead(all four stocks listed as threatened under the ESA)reared at the facility(similar to the catastrophic loss that occurred during the December 07 flood). This will be achieved primarily by removing sediment in excess of what the stream can handle naturally,through restoring upland areas, by preventing erosion where necessary and by protecting the hatchery from direct stream flows if high flows again rise above the banks of Lilliwaup Creek. The raised creek bed presents Lilliwaup Hatchery with a unique challenge,to operate in a potential flood zone. This led to the hatchery modifications as described above and in the work plan,and to the proposal to build a berm to protect the hatchery from flow-related damage, but allow the floodplain to continue to function without diminishing its area. m 7c. Describe the potential impacts to characteristic uses of the water body. These uses may include fish and aquatic life, water quality,water supply, recreation and aesthetics. Identify proposed actions to avoid, minimize, and mitigate detrimental impacts and provide proper protection of fish and aquatic life. Identify which guidance documents you have used. Attach a separate sheet if additional space is needed. WDFW protocols will be implemented and WDFW will be available to offer on-going guidance. Additional information regarding minimizing impacts is in the"lessening impacts" section of the appended Work Plan. a) Fish: No significant impact. The work is primarily occurring above water. Listed summer chum will not be present in the watershed while the work is being completed.All other fish will be removed from work areas with dip nets and prevented from accessing work areas with gravel-filled burlap bags. b) Aquatic life: No significant impact. The work is primarily occurring above water. c) Water Quality: No significant impact.The work is primarily occurring above water. Some sediment may be stirred up during the course of the work; however, measures will be taken to reduce the potential for this to occur. See the WDFW guidelines below and the Work Plan. d) Water Supply: No impact. e) Recreational: No impact. No recreational activities occur in this area. f) Aesthetics: If anything, aesthetics should be improved. Currently, gravel is killing shade trees along the banks and has buried Office of Regulatory Assistance E-JARPA ver.1.5.20061004.0930 3 1 retaining walls,the hydro flume and other structures. Removing the excess gravel should restore the aesthetic appeal of the location. Per WDFW guidelines: a) Equipment used for this project shall be free of external petroleum-based products while working around the stream.Accumulation of soils or debris shall be removed from the drive mechanisms(wheels,tires,tracks,etc.)and undercarriage of equipment prior to its working below the ordinary high water line. Equipment shall be checked daily for leaks and any necessary repairs shall be completed prior to commencing work activities along the stream. b) Erosion control methods shall be used to prevent silt-laden water from entering the stream during all phases of the project.These may include, but are not limited to,straw bales,filter fabric,temporary sediment ponds,check dams of pea gravel-filled burlap bags or other material,and/or immediate mulching of exposed areas. If high flow conditions that may cause siltation are encountered during this project,work shall stop until the flow subsides. c) If at any time,as a result of project activities,fish are observed in distress,a fish kill occurs, or water quality problems develop (including equipment leaks or spills), immediate notification shall be made to the Washington Department of Ecology at 1-800-258- 5990,and to the Area Habitat Biologist. 7d. For in water construction work,will your project be in compliance with the State of Washington water quality standards for turbidity WAC 173.201 A-1 10? Q YES [:]NO (See USEFUL DEFINITIONS AND INSTRUCTIONS) 8. Will the project be constructed in stages? ❑ YES ® NO Proposed starting date: As soon as possible(July 25th).We are currently in the"Fish Window"when no salmon are in the stream.After August 20th,adult summer chum will be returning. Estimated duration of activity: 3-4 weeks maximum 9. Check if any temporary or permanent structures will be placed: ❑X Waterward of the ordinary high water mark or line for fresh or tidal waters AND/OR Waterward of the mean higher high water for tidal waters? ® 10. Will fill material(rock,fill, bulkhead,or other material)be placed:Yes, large fractured stone to protect property access bridge and, subsequently,the adjacent creek bank. 0 Waterward of the ordinary high water mark or line for fresh waters? If YES,VOLUME(cubic yards) 20 cy /AREA 40ftx5ftx8ft or less than .1 acre (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 0 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,and indicate if they are on the county's list of hydric soils. Soils information can be obtained from the natural Resources Conservation Service(NRCS). G.WILL PROPOSED ACTIVITY CAUSE FLOODING OR DRAINING OF WETLANDS? DYES []NO If YES, IMPACTED AREA IS ACRES OF DRAINED WETLANDS. NOTE: If your project will impact greater than 1/10 of an acre of wetland, submit a mitigation plan to the Corps and Ecology for approval al NOTE:A 401 water quality certification will be required from Ecology in addition to an approved mitigation plan if your project impacts wetl orb)tidal wetlands or wetlands adjacent to tidal water. Please submit the DARPA form and mitigation plan to Ecology for an indivi 12. Stormwater Compliance for Nationwide Permits Only: This project is(or will be)designed to meet ecology's most current stormwater manual,or an Ecology approved local stormwater manual. []YES [:]NO If YES—Which manual will your project be designed to meet,. If NO—For clean water act Section 401 and 404 permits only—Please submit to Ecology for approval, along with this JARPA application,documentation that demonstrates the stormwater runoff from your project or activity will comply with the water quality standards,WAC 173.201 A 13. Will excavation or dredging be required in water or wetlands? DYES ❑X, NO If YES: A. Volume: (cubic yards) /area (acre) B. Composition of material to be removed: Office of Regulatory Assistance E-JARPA ver.1.5.20061004.0930 4 C. Disposal site for excavated material: D. Method of dredging: 14. Has the State Environmental Policy Act(SEPA)been completed [JYES NNO SEPA Lead Agency: Mason County SEPA Decision: DNS, MDNS, EIS,Adoption, Exemption Decision Date(end of comment period) Submitted xxxx SUBMIT A COPY OF YOUR SEPA DECISION LETTER TO WDFW AS REQUIRED FOR A COMPLETE APPLICATION m 15. List other Applications, approvals or certifications from other federal, state or local agencies for any structures, construction discharges or other activities described in the application(i.e. preliminary plat approval, health district approval, building permit, SEPA review,federal energy regulatory commission license(FERC), Forest practices application, etc.). Also, indicate whether work has been completed and indicate all existing work on drawings. NOTE: For use with Corps Nationwide Permits, identify whether your project has or will need an NPDES permit for discharging wastewater and/or stormwater. TYPE OF APPROVAL ISSUING AGENCY IDENTIFICA DATE OF DATE COMPLET TION NO. APPLICATION APPROVED ED? m 16. Has any agency denied approval for the activity you're applying for or for any activity directly related to the activity described herein? []YES FX-JNO If YES, explain: SECTION B- Use for Shoreline and Corps of Engineers permits only: m 17a. Total cost of project. This means the fair market value of the project, including materials, labor, machine rentals, etc. Approximately$70,000 IM 17b. If a project or any portion of a project receives funding from a federal agency, that agency is responsible for ESA consultation. Please indicate if you will receive federal funds and what federal agency is providing those funds. See instructions for information on ESA.` FEDERAL FUNDING []YES QNO If YES, please list the federal agency. 18. Local government with jurisdiction: Mason County 19. For Corps, Coast Guard and DNR permits, provide names, addresses and telephone numbers of adjoining property owners, lessees, etc. Please note: Shoreline Management Compliance may require additional notice—consult your local government. NAME ADDRESS PHONE NUMBER Betty Gray PO Box 123, Lilliwaup,WA 98555 360-877-5453 David and Linda Laney PO Box 124 360-877-9846 Wayne and Rose Marshall PO Box 94 360-877-9808 Office of Regulatory Assistance E-JARPA ver.1.5.20061004.0930 5 SECTION C- This section MUST be completed for any permit covered by this application X0 20. Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the information contained in this application,and that to the best of my knowledge and belief,such information is true,complete, and accurate. I further certify that I possess the authority to undertake the proposed activities. I hereby grant to the agencies to which this application is made,the right to enter the above-described location to inspect the proposed, in-progress or completed work. I agree to start work ONLY after all necessary permits have been received. DATE SIGNATURE OF APPLICANT DATE SIGNATURE OF AUTHORIZED AGENT I HEREBY DESIGNATE TO ACT AS MY AGENT IN MATTERS RELATED TO THIS APPLICATION FOR PERMIT(S). I UNDERSTAND THAT IF A FEDERAL PERMIT IS ISSUED, I MUST SIGN THE PERMIT. SIGNATURE OF APPLICANT // DATE l! SIGNATURE OF LANDOWNER(EXCEPT PUBLIC ENTITY LANDOWNERS, E.G. DNR) THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND THE AGENT, IF AN AUTHORIZED AGENT IS DESIGNATED. 18 U.S.0§1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly falsifies,conceals,or covers up by any trick,scheme,or device a material fact or makes any false,fictitious,or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false,fictitious,or fraudulent statement or entry, shall be fined not more than$10,000 or imprisoned not more than 5 years or both. COMPLETED BY LOCAL OFFICIAL A. Nature of the existing shoreline. (Describe type of shoreline, such as marine, stream, lake, lagoon, marsh, bog, swamp,flood plain,floodway, delta;type of beach, such as accretion,erosion, high bank, low bank,or dike; material such as sand, gravel, mud,clay, rock, riprap; and extent and type of 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 Office of Regulatory Assistance E-JARPA ver.1.5.20061004.0930 6 (7/1/2008)Tamml Wright LilliwaupCreek_JARPA Form_27June08 doc Page 1 AGENCY USE ONLY Agency Reference#: Date Received: Circulated by: (local govt.or agency) Project Tracking Number: JOINT AQUATIC RESOURCES PERMIT APPLICATION FORM(JARPA) (for use in Washington State) Please use black ink. 3 To fill in electronically. use F11 to move through the form. To use the help feature you must have an internet connectio. Application for a Fish Habitat Enhancement Project per requirements of RCW 77.55.290. You must submit a copy of this completed JARPA application form and the(Fish Habitat Enhancement JARPA Addition)to your local Government Planning Department and Washington Department of Fish&Wildlife Area Habitat Biologist on the same day. NOTE: LOCAL GOVERNMENTS—You must submit any comments on these projects to WDFW within 15 working days. Based on the instructions provided,I am sending copies of this application to the following: (check all that apply) x Local Government for shoreline: Substantial Development Conditional Use Variance Exemption Revision Floodplain Management Critical Areas Ordinance x Washington Department of Fish and Wildlife for HPA(Submit 3 copies to WDFW Region) Washington Department of Ecology for 401 Water Quality Certification(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: General Bridge Act Permit Private Aids to Navigation(for non-bridge projects) For Department of Transportation projects only: This project will be designed to meet conditions of the most current Ecology/Department of Transportation Water Quality Implementing Agreement PROJECT TITLE: Lilliwaup Creek Restoration PROJECT DESCRIPTION: Address issues resulting from the December 2007 flood and perform preventative measures if future floods are to occur.Protect and restore Endangered Specied Act(ESA)listed summer chum and other salmon spawning habitat,remove excess sediment,unplug culvert,save vehicle bridge from washout,etc. SECTION A-Use for all permits covered by this application. Be sure to ALSO complete Section C(Signature Block)for all permit applications. EM 1.APPLICANT Long Live the Kings(LLTK),Michael Schmidt MAILING ADDRESS E-MAIL ADDRESS HOME(Cell)PHONE FAX# 1326 5"Ave Ste 450, mschmidtailtk.org 206-669-7276 206-382-9913 Seattle,WA 98101 If an agent is acting for the applicant during the permit process,complete#2. Be sure agent signs Section C(Signature Block) for all permit applications M3 2.AUTHORIZED AGENT WORK PHONE E-MAIL ADDRESS HOME PHONE FAX# IM 3.Relationship of applicant to property: OWNER PURCHASER X LESSEE IM 4.Name,address and phone number of property owner(s)if other than applicant: Lilliwaup Falls Generating Company 1402 3`d Ave,#1318 Seattle,WA 98101 206-224-5191 CM 5.Location(street address,including city,county and zip code,where proposed activity exists or will occur) N 501 Lilliwaup St.,Lilliwaup,WA 98555 Local government with jurisdiction(city or county) Mason County Office of Regulatory Assistance E-JARPA ver.1.5.20061004.0930 1 I 1 (7/l/2008)Tammi Wright- Lill iwaupCreek_JARPA_Form_27June08.doc Page 2 M Waterbody you are working in: Lilliwaup Creek and mouth m Tributary of WRIA# 16.0230 of the tributary,Beardslee Creek IM Is this waterbody on the 303(d)List" YES x NO If YES,what parameter(s)?Not currently,however,Lilliwaup M Shoreline designation Creek was proposed to be listed as Category 5 and on the 303(d)in 2008. "For 303d List, Zoning designation httD://www.ecv.wa.aov/r)rocirams/wci/303d/index.html I/.Section Section Township Range Government Lot NE 1/4 19 23N 03W M DNR stream type if known CM Latitude and Longitude: N 47.47002 Tax Parcel Number 323192400032 W 123.1251 RM 6. Describe(a)the current use of the property,(b)structures existing on the property,and(c)existing environmental conditions. Have you completed any portion of the proposed activity on this property? YES x NO For any portion of the proposed activity already completed on this property,indicate month and year of completion. The Reed property is situated at the base of Lilliwaup Falls about 1/4 mile upstream of the mouth of Lilliwaup Creek.The property is residential but includes a hydro power plant and a hatchery facility operated by the applicant,Long Live the Kings.The hatchery facility is devoted to rearing salmon and steelhead populations listed under the endangered species act. Environmental Conditions:The property was ravaged during the December 2007 storm. Immediately after the storm,emergency issues were addressed such as reinforcing a property access bridge abutment so the bridge would not fail over the winter;however,several issues must still be addressed.Sediment in excess to the needs of the watershed have been deposited,plugging a culvert and the hydroelectric effluent flume,destablizing the stream banks,threatening bank-side shade trees,redirecting primary stream flows,etc, consequently altering salmon habitat.. See the attached engineering evaluation for more information. IM Is the property agricultural land? YES x NO IM Are you a USDA program participant? YES x NO 7a. Describe the proposed work that needs aquatic permits: Complete plans and specifications should be provided for all work waterward of the ordinary high water mark or line,including types of equipment to be used. If applying for a shoreline permit, describe all work within and beyond 200 feet of the ordinary high water mark. If you have provided attached materials to describe your project,you still must summarize the proposed work here. Attach a separate sheet if additional space is needed. r 5�'\ � The following is a list of the proposed work to be completed.Additional information,including photos,is included in the engineering evaluation attached: a) Remove the sediments from the 60-inch culvert on Beardslee Creek,below the hatchery intake; b) Remove the sediments stacked up in and against the wooden flume to restore the Beardslee Creek stream channel under the flume where it enters Lilliwaup Creek; N� c) Remove excess sediment from areas of build up along the existing concrete bulkheads and fractured rock retainment structure under the historic residence and dispose much of the removed sediment offsite.Use some of the remaining sediment to fill in behind a new ecology block retaining wall to be constructed above the existing retainment structure,in between the two hillside concrete walkways/bulkheads.This retainment structure will replace property lost during the December 2007 storm and protect the hillside from further erosion in extreme high water events.(see photos 4-9) d) Repair the damage to the existing concrete bulkheads along the frontage of the Historic Residence; thA , e) Complete the placement of Large Fractured Stones along the easterly edge of the Creek,between the existing upstream Concrete Bulkhead and the existing Vehicle-Bridge Abutment Concrete Wing-Wall.This is required to protect the vehicle bridge that provides access to the property,which stands on spread footings that will be comprised if the work is not completed.(for location,see photos 16&17) \` f) Restore the meadow on the opposite side of the historic residence by removing sediment from some areas and filling in others such as the area scoured during the flood(this scour is currently dry with no water running through it).Excess sediment will either be disposed of offsite or moved well up and away from the flood zone to the back of the meadow where there is currently no significant vegetation that will be impacted. g) Without entering or disturbing the present wetted/flowing streambed,remove remaining dry sediments from the preexisting �j - Lilliwaup Creek migration zone on property so the stream can expand in width to its previous predisturbed state as natural channel scouring occurs; h) Using the excess dry sediments(gravel)removed from the preexisting stream migration zone,install a new high-Creek-flow berm (approx. 15 feet wide x 4 feet high x 200 feet long) along the westerly edge of the Hatchery,about 150 feet from the stream bank, using the sediments deposited during the Flood Event.The berm will be constructed to protect the hatchery facility from flow- related damage if another flood event were to occur.The 2007 flood rose to a depth of 3 feet with flows directed at the hatchery building and outdoor rearing tanks.6 of the 28 outdoor rearing tanks were undermined as a result of high flowing water scouring the ground.The berm will deflect flows but still allow the area to continue to function as a floodplain.We are currently in the process of modifying the hatchery facilities intake and outflow structures so that the entire facility can continue to operate even Office of Regulatory Assistance E-JARPA ver.1.5.20061004.0930 2 I (7/1/2008) Tammi Wright LilliwaupCreek_JARPA Form 27June08.doc Page 3 when submerged in up to three feet of water(basically,operate in the conditions presented during the 2007 flood event). i) Remove the smothering sediment from around streambank shade trees. j) (For possible inclusion)Remove the plug of gravel in the mainstem of Lilliwaup Creek, downstream of the Reed's property.At the head of the estuary,the creek has been plugged. Most of the water now goes below the gravel, with very little veering into another channel in the estuary. To provide the appropriate access for summer chum traveling upstream during low flows,this plug should be removed. The plug is about 100-150 feet in length. There is no water in that area now. The creek could continue to be diverted while the gravel is removed. This component is not currently included because it is not on the Reed's property. We are still trying to determine who's property it is on,or if this is a county or DOT issue if it is in a public land area. PREPARATION OF DRAWINGS: See sample drawings and guidance for completing the drawings. ONE SET OF ORIGINAL OR GOOD QUALITY REPRODUCIBLE DRAWINGS MUST BE ATTACHED. NOTE: Applicants are encouraged to submit photographs of the project site,but these DO NOT substitute for drawings. THE CORPS OF ENGINEERS AND COAST GUARD REQUIRE DRAWINGS ON 8-112 X 11 INCH SHEETS. LARGER DRAWINGS MAYBE REQUIRED BY OTHER AGENCIES. KW 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. (See the attached memo and engineering evaluation for more information)The purpose of the work is to restore and protect a major spawning location for ESA-listed summer chum,protect property and structures from futher damage,and protect Lilliwaup Hatchery from catastrophic loss of Hamma and Lilliwaup summer chum and Duckabush and Dewatto winter steelhead(all four stocks listed as threatened under the ESA)reared at the facility(catastrophic loss occurred during the December 07 flood).Specifically: a) Restore the lost Creek Spawning areas and protect existing spawning areas; b) Save the Creek Shade Trees from dying and/or washout; c) Save the Vehicle-Bridge from washout(like the washout of the Car-Bridge downstream from the Hatchery)and prevent further washout of the bank abutting the historic residence d) Remove the sediment from the mostly plugged 60-inch Culvert on Beardslee Creek to restore its flow capacity; e) Restore the major Tributary stream(Beardslee Creek)channel from the 60-inch Culvert to its intersection with Lilliwaup Creek, under the wooded flume: f) Save the Access Road that services the Hatchery Water Supply Intake Structure&the Historic Power Plant Penstock Headworks; g) Prevent further damage to the Historic Power Plant Tailrace&restore it; h) Reduce further damages to the LLTK Lilliwaup Hatchery located immediately downstream. Removing the excess loose material around the creek and preventing further bank erosion will allow the creek to scour and continue to re- form itself naturally over the course of the next few winters. 7c. Describe the potential impacts to characteristic uses of the water body. These uses may include fish and aquatic life,water quality,water supply,recreation and aesthetics. Identify proposed actions to avoid, minimize,and mitigate detrimental impacts and provide proper protection of fish and aquatic life. Identify which guidance documents you have used. Attach a separate sheet if additional space is needed. WDFW protocols will be implemented and WDFW will be available to offer on-going guidance.Additional information regarding minimizing impacts is in the equipment section of the appended engineering evaluation. a) Fish: No significant impact.The work is primarily occurring above water.The plan is to have the work completed during the fish window,when salmon are not present in the watershed. b) Aquatic life:No significant impact.The work is primarily occurring above water. c) Water Quality:No significant impact.The work is primarily occurring above water.Some sediment may be stirred up during the course of the the work;however,measures will be taken to reduce the potential for this to occur. Measures include either the use of temporary in-stream structures for heavy machinery to pass over or conveyor systems to remove gravel. d) Water Supply:No impact. e) Recreational:No impact.No recreational activities occur in this area. f) Aesthetics:If anything,aesthetics should be improved.Currently,gravel is killing shade trees along the banks and has buried retaining walls,the hydro flume and other structures.Removing the excess gravel should restore the aesthetic appeal of the location. I Per WDFW guidelines: a) Equipment used for this project shall be free of external petroleum-based products while working around the stream.Accumulation of soils or debris shall be removed from the drive mechanisms(wheels,tires,tracks,etc.)and undercarriage of equipment prior to its working below the ordinary high water line.Equipment shall be checked daily for leaks and any necessary repairs shall be completed prior to commencing work activities along the stream. b) Erosion control methods shall be used to prevent silt-laden water from entering the stream during all phases of the project.These may include,but are not limited to,straw bales,filter fabric,temporary sediment ponds,check dams of pea gravel-filled burlap bags or other material,and/or immediate mulching of exposed areas. If high flow conditions that may cause siltation are encountered during this project,work shall stop until the flow subsides. c) If at any time,as a result of project activities,fish are observed in distress,a fish kill occurs,or water quality problems develop (including equipment leaks or spills),immediate notification shall be made to the Washington Department of Ecology at 1-800-258- 5990,and to the Area Habitat Biologist. I Office of Regulatory Assistance E-JARPA ver.1.5.20061004.0930 3 (7/1/2008)Tammi Wright- Lill iwaupCreek_JARPA_Form_27June08.doc Page 4�! 7d. For in water construction work,will your project be in compliance with the State of Washington water quality standards for turbidity WAC 173.201A-110? x YES NO (See USEFUL DEFINITIONS AND INSTRUCTIONS) 8. Will the project be constructed in stages? YES X NO Proposed starting date: As soon as possible(July 1311).We are currently in the"Fish Window when no salmon are in the stream.After August 151",adult summer chum will be returning. Estimated duration of activity: 4 weeks maximum 9. Check if any temporary or permanent structures will be placed: x Waterward of the ordinary high water mark or line for fresh or tidal waters AND/OR Waterward of the mean higher high water for tidal waters? 10. Will fill material(rock,fill,bulkhead,or other material)be placed:Yes,large fractured stone to protect property access bridge and,subsequently,the adjacent creek bank. X Waterward of the ordinary high watermark or line for freshwaters? If YES,VOLUME(cubic yards) 10-15 cubic yards-up to 3 truckloads /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 X NO If YES: A.Impacted area in acres: E B.Has a delineation been completed? If YES,please submit with application. YES x NO I C.Has a wetland report been prepared? If YES,please submit with application YES x NO 10 D.Type and composition of fill material(e.g.,sand,etc.) E.Material source: li F. List all soil series(type of soil)located at the project site,and indicate if they are on the county's list of hydric soils. Soils information can be obtained from the natural Resources Conservation Service(NRCS). G.WILL PROPOSED ACTIVITY CAUSE FLOODING OR DRAINING OF WETLANDS? YES x NO If YES, IMPACTED AREA IS ACRES OF DRAINED WETLANDS. NOTE:If your project will impact greater than 1/10 of an acre of wetland,submit a mitigation plan to the Corps and Ecology for approval NOTE:A 401 water quality certification will be required from Ecology in addition to an approved mitigation plan if your project impacts we or b)tidal wetlands or wetlands adjacent to tidal water. Please submit the JARPA form and mitigation plan to Ecology for an indiv EM 12. stormwater Compliance for Nationwide Permits Only: This project is(or will be)designed to meet ecology's most current stormwater manual,or an Ecology approved local stormwater manual. YES NO If YES—Which manual will your project be designed to meet? Ml If NO—For clean water act Section 401 and 404 permits only—Please submit to Ecology for approval,along with this JARPA application,documentation that demonstrates the stormwater runoff from your project or activity will comply with the water quality standards,WAC 173.201(A) EM 13. Will excavation or dredging be required in water or wetlands? YES x NO (None is anticipated) If YES: A. Volume: (cubic yards) /area (acre) B. Composition of material to be removed: C. Disposal site for excavated material: D. Method of dredging: 10 14. Has the State Environmental Policy Act(SEPA)been completed YES X NO SEPA Lead Agency: Mason County SEPA Decision: DNS, MDNS,EIS,Adoption,Exemption Decision Date(end of comment period) Submitted xxxx SUBMIT A COPY OF YOUR SEPA DECISION LETTER TO WDFW AS REQUIRED FOR A COMPLETE APPLICATION 15. List other Applications,approvals or certifications from other federal,state or local agencies for any structures,construction discharges or other activities described in the application(i.e.preliminary plat approval,health district approval,building permit, SEPA review,federal energy regulatory commission license(FERC), Forest practices application,etc.). Also,indicate whether work has been completed and indicate all existing work on drawings. NOTE:For use with Corps Nationwide Permits,identify whether your project has or will need an NPDES permit for discharging wastewater and/or stormwater. Office of Regulatory Assistance E-JARPA ver.1.5.20061004.0930 4 (7/1/2008)Tammi Wright- LilliwaupCreek JARPA Form Mune08.doc Page 5 TYPE OF APPROVAL ISSUING AGENCY IDENTIFICA DATE OF DATE COMPLET TION NO. APPLICATION APPROVED ED? IM 16. Has any agency denied approval for the activity you're applying for or for any activity directly related to the activity described erein? YES x NO f YES,explain: SECTION B-Use for Shoreline and Corps of Engineers permits only: ;essees, 17a. Total cost of project. This means the fair market value of the project,including materials,labor,machine rentals,etc. oximately$100,000 17b. If a project or any portion of a project receives funding from a federal agency,that agency is responsible for ESA consultation. e indicate if you will receive federal funds and what federal agency is providing those funds. See instructions for information on ESA.RAL FUNDING YES X NO If YES,please list the federal agency. 18. Local government with jurisdiction: Mason County 19. For Corps,Coast Guard and DNR permits,provide names,addresses and telephone numbers of adjoining property owners, etc. Please note: Shoreline Management Compliance may require additional notice—consult your local government. NAME ADDRESS PHONE NUMBER Office of Regulatory Assistance E-JARPA ver.1.5.20061004.0930 5 (7/l/2008) Tammi Wright Lill iwaupCreek_JARPA_Form_27June08.doc Page 6 SECTION C-This section MUST be completed for any permit covered by this application 20. Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the information contained in this application,and that to the best of my knowledge and belief,such information is true,complete,an accurate. I further certify that I possess the authority to undertake the proposed activities. I hereby grant to the agencies to which this application is made,the right to enter the above-described location to inspect the proposed,in-progress or completed work. I agree to start work ONLY after all necessary permits have been received. DATE SIGNATURE OF APPLICANT DATE SIGNATURE OF AUTHORIZED AGENT I HEREBY DESIGNATE TO ACT AS MY AGENT IN MATTERS RELATED TO THIS APPLICATION FOR PERMIT(S). I UNDERSTAND THAT IF A FEDERAL PERMIT IS ISSUED,I MUST SIGN THE PERMIT. SIGNATURE OF APPLICANT DATE SIGNATURE OF LANDOWNER(EXCEPT PUBLIC ENTITY LANDOWNERS,E.G.DNR) THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND THE AGENT,IF AN AUTHORIZED AGENT IS DESIGNATED. 18 U.S.0§1001 provides that: Whoever,in any manner within the jurisdiction of any department or agency of the United States knowingly falsifies,conceals,or covers up by any trick,scheme,or device a material fact or makes any false,fictitious,or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false,fictitious,or fraudulent statement or entry,shall be fined not more than$10,000 or imprisoned not more than 5 years or both. COMPLETED BY LOCAL OFFICIAL A. Nature of the existing shoreline. (Describe type of shoreline,such as marine,stream,lake,lagoon,marsh,bog,swamp,flood plain,floodway,delta;type of beach,such as accretion,erosion,high bank,low bank,or dike;material such as sand,gravel, mud,clay, rock,riprap;and extent and type of 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 Office of Regulatory Assistance E-JARPA ver.1.5.20061004.0930 6