HomeMy WebLinkAboutHPA-Repair Flood Damage - BLD Permit / Conditions - 7/24/2008 LON IVE
THE N Pu-S
g Ratorin Wild Salmon
June 10,2008
MEMORANDUM
To: Gloria Rogers,
Cc:Dave Kloempken and Thom Johnson
From: Michael Schmidt,Director of Fish Programs
URGENT REQUEST: HPA Request to Repair Flood Damage to Lilliwaup Creek and Lilliwaup
Hatchery
Long Live the Kings(LLTK)is writing in request of either an exemption,emergency approval,or a
rapid expedition of the Hydraulic Permit Approval process to restore Lilliwaup Creek and complete
repairs to LLTKs' Lilliwaup Hatchery. Both Lilliwaup Creek and the hatchery facility were severely
impacted by flooding and landslides that resulted from the storm that hit western Washington on
December P. This request is extremely urgent because:
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 mid-August. The quantity of
spawning habitat has declined as a result of the gravel deposition that occurred during the
storm.The entire stream bed has elevated several feet and the stream has changed course so
that the area above Lilliwaup Hatchery is virtually inaccessible for spawning during low, late
summer/early fall flows.Additionally,the tidal influence has decreased dramatically,altering
the ecology of the stream. 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.
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
hatcheryand its water intake,
take,resulting to 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
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Gloria Rogers
June 191h, 2008
undermine the Reed property bridge supports,plug culverts,and redirect water so that it again
floods homes and other facilities.
We spoke with you immediately after the December 2007 flood regarding the condition of
Lilliwaup Creek.At that time you decided that we were eligible for an emergency permit for
shoring up the bridge to the Reed's property where Lilliwaup Hatchery is located. However,you
stated that,at that time,you preferred to hold off on an approval for doing further work to
Lilliwaup Creek. Since then,LLTK has worked with engineer Ken Martig(Martig Engineering)to
perform an assessment and provide recommendations for repairing both the creek and the hatchery
facility(see the attachment). Also included are recommendations for improving Lilliwaup
Hatchery to protect the facility from experiencing another catastrophic loss of the salmon and
steelhead reared on site,if another flood were to occur.
Please contact me as soon as possible regarding what steps must be taken to expedite the HPA
process. We would be more than happy to set up an on-site meeting to discuss the situation.Since
the summer chum begin returning to Lilliwaup Creek in mid-August,we are,unfortunately,
operating on a very short timeline.
Regards,
Michael Schmidt
Director of Fish Programs
Long Live the Kings
206-382-9555 x27(p)
206-382-9913 (f)
mschmidt@lltk.org
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Washington HYDRAULIC PROJECT APPROVAL Coastal
Department of 48 Devonshire Road
FISH and RCW 77.55.021(10)&(11)-Appeal Pursuant to Chapter Montesano,WA 98563
WILDLIFE
(360)249-4628
Issue Date: July 24, 2008 Control Number: 114049-1
Project Expiration Date: August 20, 2008 FPA/Public Notice#: N/A
PERMITTEE AUTHORIZED AGENT OR CONTRACTOR
Long Live the Kings
ATTENTION: Barbara Cairns
1326 5th Avenue, Suite 450
Seattle, WA 98101
206-382-9555
Fax: 206-382-9913
Project Name: Expedited - Lilliwaup Ck LLTK Projects
Project Description: Work includes:
1. Reduce the height of an upstream gravel bar.
2. Unplug culvert and restore channel on Beardslee Creek.
3. Reshape gravel bar adjacent to concrete bulkhead.
4. Riprap left bank above bridge.
5. Reshape right bank above bridge.
6. Reshape flood plain by the hatchery to pre-storm elevations, reestablish a
pond, restore a mitigation stream and contruct a set back dike.
PROVISIONS
1. TIMING LIMITATIONS: The project may begin July 25, 2008 and shall be completed by August
25, 2008.
2. Work shall be accomplished per plans and specifications submitted to the Washington
Department of Fish and Wildlife, except as modified by this Hydraulic Project Approval. A copy of
these plans shall be available on site during construction.
GRAVEL BAR MODIFICATIONS
3. Gravel removal from the stream shall be limited to removal from the exposed bars.
4. An 'excavation line' shall be established. 'Excavation line' means a line on the dry bed at, or
parallel to the water's edge. The distance from the water's edge shall be one foot. The excavation
line may change with water level fluctuations.
5. An 'excavation zone' is the area between the 'excavation line' and the bank or the center of the
exposed bar.
6. Excavation shall begin at the excavation line and proceed toward the bank or the center of the
exposed bar, perpendicular to the alignment of the stream.
7. Streambed material shall not be removed from the water side of the excavation line.
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Washington HYDRAULIC PROJECT APPROVAL Coastal
Department of 48 Devonshire Road
FISH and RCW 77.55.021(10)&(11)-Appeal Pursuant to Chapter Montesano,WA 98563
WILDLIFE (360)249-4628
Issue Date: July 24, 2008 Control Number: 114049-1
Project Expiration Date: August 20, 2008 FPA/Public Notice#: N/A
8. On the top, upstream bar, gravel may be removed within the excavation zone from a point
beginning at the excavation line and progressing toward the center of the exposed bar. This bar
may remain flat.
9. On the bar located on the left bank adjacent to the concrete bulkhead, gravel may be removed
within the excavation zone from a point beginning at the excavation line and progressing upward
toward the bank on a minimum two percent gradient. This material shall be used to fill along the
toe of the bulkhead downstream to match the upstream portion of the bar.
10. At the end of each work day, the excavation zone shall contain no pits, or potholes, or
depressions that may trap fish as a result of fluctuation in water levels.
BEARDSLEE CREEK RECHANNEL
11. The channel shall, at a minimum, be similar in length, width, depth, floodplain configuration, and
gradient, as the old channel. The channel shall incorporate
g fish habitat components, streambed
materials, meander configuration, and native or other approved vegetation equivalent to or greater
than that which previously existed in the old channel.
12. A temporary bypass to divert flow around the work area shall be in place prior to initiation of
other work in the wetted perimeter.
13. The bypass shall be of sufficient size to pass all flows and debris for the duration of the project.
14. Upon completion of the project, all material used in the temporary bypass shall be removed
from the site and the site returned to preproject or improved conditions.
BANK PROTECTION
15. Placement of riprap waterward of the ordinary high water line shall be restricted to the minimum
amount necessary to protect the bank.
16. The toe shall be installed to protect the integrity of the riprap.
17. Armoring material shall be clean, angular rock, and shall be installed to withstand 100-year
peak flows. River gravels or other round cobbles shall not be used as exterior armor.
18. Riprap shall be placed in a manner to avoid damage to existing vegetation.
19. Fish habitat components such as logs and/or stumps are required as part of the bank protection
project to mitigate project impacts. These fish habitat components shall be installed to withstand
100-year peak flows.
RESTORATION OF FLOOD PLAIN
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Washington HYDRAULIC PROJECT APPROVAL Coastal
Department of 48 Devonshire Road
FISH and RCW 77.55.021(10)&(11)-Appeal Pursuant to Chapter Montesano,WA 98563
WILDLIFE
(360)249-4628
Issue Date: July 24, 2008 Control Number: 114049-1
Project Expiration Date: August 20, 2008 FPA/Public Notice#: N/A
20. Banks shall be sloped at a minimum of two feet horizontal to one foot vertical.
21. Upon completion of the activities, the areas shall contain no pits, potholes, or large depressions
to avoid stranding of fish.
EQUIPMENT
22. The use of equipment below the ordinary high water line shall be limited to that necessary to
gain position for work.
23. 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.
WATER QUALITY & FISH PROTECTION
24. Stockpiling of material within the water is not approved. If the water level rises and makes
contact with stockpiles, further operation of equipment or removal of the stockpiles shall not
proceed unless authorized under a separate Hydraulic Project Approval issued by the Washington
Department of Fish and Wildlife.
25. Streambed materials shall be disposed of at approved sites within the flood plain, or upland so
it will not re-enter state waters.
26. 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, filter fabric, temporary
sediment ponds, check dams of pea gravel-filled burlap bags or other material, and/or immediate
mulching of exposed areas.
27. Alteration or disturbance of the bank and bank vegetation shall be limited to that necessary to
construct the projects. Within seven calendar days of project completion, all disturbed areas shall
be protected from erosion using vegetation or other means. Within one year of project completion,
the banks, shall be revegetated with native or other approved woody species.
28. If high flow conditions that may cause siltation are encountered during this project, work shall
stop until the flow subsides.
29. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or
water quality problems develop (including equipment leaks or spills), immediately stop work except
for efforts to control leaks or spills or prevent toxic substances from entering the water and notify
the Washington Military Department's Emergency Management Division at 1-800-258-5990, and to
the Area Habitat Biologist listed below. Work shall not restart on the project until approved by the
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Washington HYDRAULIC PROJECT APPROVAL Coastal
Department of 48 Devonshire Road
FISH and RCW 77.55.021(10)&(11)-Appeal Pursuant to Chapter Montesano,WA 98563
WILDLIFE
(360)249-4628
Issue Date: July 24,2008 Control Number: 114049-1
Project Expiration Date:August 20,2008 FPA/Public Notice#: N/A
Area Habitat Biologist.
PROJECT LOCATIONS
Location#1
WORK START: July 25, 2008 WORK END: August 20, 2008
WRIA: Waterbody: Tributary to:
16.0230 ILilliwaup Creek Hood Canal
1/4 SEC: Section: Township: Range: Latitude: Longitude: County:
NE 1/4 19 23 N 03 W N 47.47002 W 123.1251 Mason
Location#1 Driving Directions
Take Hwy 101 north towards Hoodsport and continue until Lilliqaup,turn left on Lilliwaup Rd, go past the"end of
count road"sign,turn right and go through gate on tall wooden fence and across the bridge.
APPLY TO ALL HYDRAULIC PROJECT APPROVALS
This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code,
specifically Chapter 77.55 RCW(formerly RCW 77.20). Additional authorization from other public agencies may be
necessary for this project. The person(s)to whom this Hydraulic Project Approval is issued is responsible for applying
for and obtaining any additional authorization from other public agencies(local, state and/or federal)that may be
necessary for this project.
This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the
person(s)to whom this Hydraulic Project Approval is issued and operator(s) performing the work.
This Hydraulic Project Approval does not authorize trespass.
The persons)to whom this Hydraulic Project Approval is issued and operator(s) performing the work may be held
liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this
Hydraulic Project Approval.
Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one
hundred dollars per day and/or a gross misdemeanor charge, possibly punishable by .fine and/or imprisonment.
All Hydraulic Project Approvals issued pursuant to RCW 77.55.021 (EXCEPT agricultural irrigation, stock watering or
bank stabilization projects)or 77.55.141 are subject to additional restrictions, conditions or revocation if the Department
of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The
person(s)to whom this Hydraulic Project Approval is issued has the right pursuant to Chapter 34.04 RCW to appeal
such decisions. All agricultural irrigation, stock watering or bank stabilization Hydraulic Project Approvals issued
pursuant to RCW 77.55.021 may be modified by the Department of Fish and Wildlife due to changed conditions after
consultation with the person(s)to whom this Hydraulic Project Approval is issued: PROVIDED HOWEVER,that such
modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 77.55.301.
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Washington HYDRAULIC PROJECT APPROVAL Coastal
Department of 48 Devonshire Road
FISH and RCW 77.55.021(10)&(11)-Appeal Pursuant to Chapter Montesano,WA 98563
WILDLIFE
(360)249-4628
Issue Date:July 24,2008 Control Number: 114049-1
Project Expiration Date:August 20, 2008 FPA/Public Notice#: N/A
APPEALS INFORMATION
If you wish to appeal the issuance or denial of, or conditions provided in a Hydraulic Project Approval,there are
informal and formal appeal processes available.
A. INFORMAL APPEALS(WAC 220-110-340)OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021,
77.55.141, 77.55.181, and 77.55.291: A person who is aggrieved or adversely affected by the following Department
actions may request an informal review of:
(A)The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic
Project Approval; or
(B)An order imposing civil penalties. A request for an INFORMAL REVIEW shall be in WRITING to the Department
of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia, Washington 98501-1091 and shall be
RECEIVED by the Department within 30 days of the denial or issuance of a Hydraulic Project Approval or receipt of an
order imposing civil penalties. If agreed to by the aggrieved party,and the aggrieved party is the Hydraulic Project
Approval applicant, resolution of the concerns will be facilitated through discussions with the Area Habitat Biologist and
his/her supervisor. If resolution is not reached, or the aggrieved party is not the Hydraulic Project Approval applicant,
the Habitat Technical Services Division Manager or his/her designee shall conduct a review and recommend a decision
to the Director or his/her designee. If you are not satisfied with the results of this informal appeal,a formal appeal may
be filed.
B. FORMAL APPEALS(WAC 220-110-350) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021
(EXCEPT agricultural irrigation, stock watering or bank stabilization projects) or 77.55.291:
A person who is aggrieved or adversely affected by the following Department actions may request a formal review of:
(A)The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic
Project Approval;
(B)An order imposing civil penalties; or
(C)Any other'agency action'for which an adjudicative proceeding is required under the Administrative Procedure
Act, Chapter 34.05 RCW.
A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife HPA Appeals
Coordinator, shall be plainly labeled as'REQUEST FOR FORMAL APPEAL'and shall be RECEIVED DURING
OFFICE HOURS by the Department at 600 Capitol Way North, Olympia, Washington 98501-1091,within 30-days of
the Department action that is being challenged. The time period for requesting a formal appeal is suspended during
consideration of a timely informal appeal. If there has been an informal appeal,the deadline for requesting a formal
appeal shall be within 30-days of the date of the Department's written decision in response to the informal appeal.
C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (agricultural irrigation,
stock watering or bank stabilization only), 77.55.141, 77.55.181, or 77.55.241: A person who is aggrieved or adversely
affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a
Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to
the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office,4224 Sixth Avenue SE, Building Two-
Rowe Six, Lacey,Washington 98504;telephone 360/459-6327.
D. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO CHAPTER 43.21 L RCW: A person
who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or
provisions made part of a Hydraulic Project Approval may request a formal appeal. The FORMAL APPEAL shall be in
accordance with the provisions of Chapter 43.21 L RCW and Chapter 199-08 WAC. The request for FORMAL APPEAL
shall be in WRITING to the Environmental and Land Use Hearings Board at Environmental Hearings Office,
Environmental and Land Use Hearings Board,4224 Sixth Avenue SE, Building Two- Rowe Six, P.O. Box 40903,
Lacey, Washington 98504;telephone 360/459-6327.
E. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS results in forfeiture of all appeal rights. If there is
no timely request for an appeal,the department action shall be final and unappealable.
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Washington HYDRAULIC PROJECT APPROVAL Coastal
Department of 48 Devonshire Road
FISH and RCW 77.55.021(10)&(11)-Appeal Pursuant to Chapter Montesano,WA 98563
WILDLIFE
(360)249-4628
Issue Date: July 24, 2008 Control Number: 114049-1
Project Expiration Date: August 20, 2008 FPA/Public Notice#: N/A
ENFORCEMENT: Sergeant Makoviney (31) P2
Habitat Biologist for Director
Gloria Rogers 360-249-4628 '' �"` WDFW
CC: Lilliwaup Falls Generating Company
Gary Reed
1402 3rd Ave #1318
Seattle, WA 98101
Tammi Wright, Mason County Department of Community Development (emailed)
Kim Van Zwalenburg, Washington Department of Ecology (emailed)
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