HomeMy WebLinkAboutPermit L02-066 - LEVESQUE ANDREW - SHORELINE PERMITL02 066
SEGALE LEVEE REPAIR
RIVER MILE 15.4 LEFT BANK
SHORELINE
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Dear Mr. Levesque,
Sincerely,
City of Tukwila
Steven M. Mullet, Mayor
Department of Community Development Steve Lancaster, Director
Andrew Levesque
KC Water and Land Resources Division
Department of Natural Resources and Parks
201 South Jackson Street, Suite 600
Seattle, WA 98104 -3855
RE: Repairs to the Segale Levee at River Mile 15.4
This letter provides confirmation that proposed instream repairs to the existing toe buttress
structure supporting the Segale levee do not require a shoreline substantial development permit.
Per your letter you have completed a Biological Assessment and received Nationwide 3 Section
404 and Hydraulic Project Approval permits for the project. Based on this and the drawings you
provided I have determined that the proposed repair qualifies for an exemption under WAC 173-
27 -040 2(b) Normal maintenance or repair of existing structures.
We note that the project was issued a SEPA Mitigated Determination of Non - Significance by
King County on July 10, 1997. Though no permits are required the work must comply with all
applicable regulations. All best management practices for erosion control must be followed
during the course of the work.
Steve Lancaster
Director, Department of Community Development
City of Tukwila
cc: Washington State Department of Ecology
December 30, 2002
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 -431 -3670 • Fax: 206 -431 -3665
December 19, 2002
Dear Mr. Lancaster:
King County
Water and Land
Resources Division
Department of Natural Resources and Parks
King Street Center
201 South Jackson Street, Suite 600
Seattle, WA 98104 -3855
206 - 296 -6519
206 -296 -0192 Fax
Steve Lancaster, Director
Department of Community Development
City of Tukwila
6300 Southcenter Boulevard, Suite 100
Tukwila, WA 98188
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DEVELOJPi -i NT
This letter is to request your written confirmation that instream repairs to the toe buttress
structure supporting the Segale Levee at River Mile 15.4 along the left bank of the Green River
in Tukwila will qualify for an Exemption from the Shoreline Management Act Substantial
Development Permit. This request is made pursuant to the criteria for routine maintenance or
repair set forth in the Shoreline Management Act of 1971 (RCW Chapter 90.58.030(3)(e)(I) and
(iii)), and WAC 173- 27- 040(b). Construction plans showing the proposed toe buttress repairs
are enclosed for your review.
This repair reach is part of the Lower Green River Federally Authorized Flood Control Project
constructed by the Seattle District Office of the United States Army Corps of Engineers in 1991.
The City of Tukwila is the local sponsor of record responsible for maintenance and repair of this
federal flood control levee. King County has agreed to undertake this maintenance responsibility
on behalf of Tukwila, acting as the agent for the local sponsor through an ongoing series of
interlocal agreements. Previous levee repairs have been completed in this reach by King County
through the Green River Flood Control Zone District (GRFCZD) in 1995, 1996, and 1997.
Repairs completed in 1995 included reconstruction of 900 lineal feet of the riverward levee
slopes, including instream construction of a toe buttress structure consisting of large angular
quarry stone and imbedded large woody debris (LWD). In 1998, staff from the United States
Army Corps of Engineers pointed out that shifting sand deposits along the toe of the facility had
resulted in the dislocation of the outermost toe rock emplacements over a distance of some 175
feet of this repair reach. Work is proposed for this upcoming summer (in 2003) to construct
instream maintenance repairs to this damaged rock toe buttress below the Ordinary High Water
Mark (OHWM). This work also includes installation of LWD consisting of whole logs with
intact rootwads, to improve fish habitat along the entire 175 -foot length of the repair reach.
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Steve Lancaster
December 19, 2002
Page 2
Completion of this instream repair construction has been delayed since 1998 due to the need to
complete a Biological Assessment (BA) for this and several other Green River facility repairs,
for review by federal agencies with responsibility for administering the federal Endangered Q •
Species Act (ESA). Funding limitations have also affected construction timing of these repairs. _ w
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As shown in the enclosed correspondence, both the National Marine Fisheries Service and the re
United States Fish and Wildlife concurred that the Desimone Levee Toe Repair project is Not 6 v
Likely to Adversely Affect (NLAA) listed species of interest under the ESA. The United States 0 0
Army Corps of Engineers has then issued a Nationwide 3 Section 404 permit for the work to w w
proceed, consistent with this NLAA concurrence from the Services (also enclosed). J I
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Also enclosed with this letter are copies of a valid Hydraulic Project Approval (HPA) from the
Washington State Department of Fish and Wildlife. This allows for instream work to proceed g
only between July 16 and October15. co n
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Following completion of instream toe buttress repairs, the upper levee slope embankment will be
thoroughly stabilized and planted with native riparian shrubs and trees. All site construction and
permanent erosion protection will be completed prior to October 15, 2003, with shrub and tree
plantings to be completed during the late fall and winter plant dormancy period, after the onset of
fall rains.
In the interest of completing these repairs during this upcoming summer construction season, I
am respectfully requesting that you confirm SSDP Exemption status for the work in question.
Similar SSDP Exemptions for GRFCZD levee and revetment repair activities were previously
granted to King County in 2001 for the White Swan Revetment Repair, completed at River Mile
12.41, and in 2002 at the Desimone Levee Repair site.
Please let me know if you require any additional information in order to confirm this request.
Thank you for your time and attention to this matter. You may contact me at (206) 296 -8379.
Andrew T. Levesque,
Senior Engineer, Green River Flood Control Zone District
Enclosures
cc: Ryan Larson, P.E., Senior Engineer, City of Tukwila
Dave Clark, Manager, Flood Hazard Reduction Services Section
Steve Bleifuhs, Green River Program Coordinator
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HY7 -- AULIC PROJECT APPROV ',
Dourtsicat of R.W. 77..,.100 - appeal pursuant to Chapter 34.0s .(CW
FISH ad
WILDLIFE
DATE OF ISSUE: December 16, 2002
King County Water and Land Resources Division
ATTENTION: Ruth Schaefer, Flood Hazard Reduction Section
201 South Jackson Street, Suite 600
Seattle, Washington 98104
(206)296 -8365
Fax: (206)205 -5134
PROJECT DESCRIPTION:
PROJECT LOCATION:
# WIA WATER BODY
1 09.0001 Green River
PERMITTEE
AUTHORIZED AGENT OR CONTRACTOR
Not Applicable
Repair Permanent Fixed Fresh Water on Bed Natural Wood Raw (Logs and Rootwads) and Earth
Riprap Average Size > 12 Inches in Diameter Bank Protection 151 to 200 feet (Repair Levee)
18000 Andover Park West, Tukwila, Washington
TRIBUTARY TO
Duwamish River
Page 1 of 4
State of Washington
Department of Fish and Wildlife
Region 4 Office
16018 Mill Creek Boulevard
Mill Creek, Washington 98012
LOG NUMBER: ST-F4798-0 1
1/4 SEC. SEC. TOWNSHIP RANGE COUNTY
SE 35 23 North 04 East King
NOTE: This project was previously approved by the Washington Department of Fish and Wildlife (WDFW) as Hydraulic Project Approval (1EPA)
log number 00- A3183 -05. The IWA was initially issued July 25, 1995.
PROVISIONS
1. TIMING LIMITATIONS: The project may begin immediately and shall be completed by December 16, 2007,
provided that work below the ordinary high water line (OHWL) shall occur only between July 16 and October 15.
2. NOTIFICATION REQUIREMENT: The Area Habitat Biologist listed below shall be contacted at least three
working days prior to start of work, and again within seven days of completion of work to arrange for compliance
inspection.
3. Work shall be accomplished per plans and specifications entitled, "SEGALE LEVEE TOE REPAIR ", dated
December 22, 2000, and submitted to WDFW, except as modified by this HPA. These plans reflect design criteria
per Chapter 220 -110 WAC. These plans reflect mitigation procedures to significantly reduce or eliminate impacts to
fish resources. A copy of these plans shall be available on site during construction.
4. Equipment used for this project may operate below the OHWL, provided the drive mechanisms (wheels, tracks, tires,
etc.) shall not enter or operate below the OHWL.
5. Placement of bank protection material waterward of the OHWL shall be restricted to the minimum amount necessary
tei protect the toe of the bank or for installation of mitigation features approved by WDFW.
6. Bank protection 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.
7. Fish habitat components such as logs, stumps, and/or large boulders 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.
DATE OF ISSUE: December 16. 2002
8. The large woody debris structures shall he of fir, cedar, or other approved coniferous species.
9. The fish habitat components shall be placed so that they are within the low flow channel.
10. Bank sloping shall be accomplished in a manner that avoids release of overburden material into the water.
Overburden material resulting from the project shall be deposited so it will not re -enter the water.
11. Alteration or disturbance of the bank and bank vegetation shall he limited to that necessary to construct the project.
Within seven calender days of project completion, all disturbed areas shall be protected from erosion using vegetation
or other breams. Hof to the start of the first growing season (fviarch i) following toe insta :ration, the approved
planting plan (Provision 3) shall have been installed. Plantings shall be maintained as necessary for three years to
ensure 80 percent or greater survival for each species or an approved contingency species.
12. A floating turbidity curtain shall be installed water -ward of the in -water construction site to minimize sedimentation
of downstream waters during placement of rock and large woody debris along the toe of the levee.
13. 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), operations shall cease and WDFW at (360) 534 - 8233 and
Washington Department of Ecology at (425) 649 - 7000 shall be contacted immediately. Work shall not resume until
further approval is given by WDFW.
14. Erosion control methods shall be used to prevent silt -laden water from entering the stream. These may include, but
are not limited to straw bales, filter fabric, and/or immediate mulching of exposed areas.
15. All waste material such as construction debris. silt, excess dirt or overburden resulting from this project shall be
deposited above the limits of flood water in an approved upland disposal site.
16. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow
subsides.
17: Ex treme care shall be taken to ensure thatho petroleum products, hydraulic fluid, fresh cement, sediments, sediment -
laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the river.
SEPA: MDNS by King County Department of Natural Resources final on July 10, 1997.
APPLICATION ACCEPTED: December 16, 2002 ENFORCEMENT OFFICER: Boone 030 [P2]
Larry Fisher (425) 649 -7042
Area Habitat Biologist
HYD-.AULIC PROJECT APPROVA j
R.W. 77.E .00 - appeal pursuant to Chapter 34.05. .'W
Page 2 of 4
LOG NUMBER: ST - F4798 -
State of Washington
Department of Fish and Wildlife
Region 4 Office
16018 Mill Creek Boulevard
Mill Creek, Washington 98012
for Director
WDFW
DATE OF ISSUE: December 16, 2002
This HPA does not authorize trespass.
HYD1 -- "AJLIC PROJECT APPROVAL
R.W. 77.55.100 - appeal pursuant to Chapter 34.05 RLW
GENERAL PROVISIONS
State of Washington
Department of Fish and Wildlife
Region 4 Office
16018 Mill Creek Boulevard
Mill Creek, Washington 98012
LOG NUMBER: ST- F4798 -01
This Hydraulic Project Approval (HPA) pertains only to the provisions of the Fisheries Code (RCW 77.55). Additional authorization
from other public agencies may be necessary for this project.
Compliance with this HPA does not ensure compliance with the federal Endangered Species Act or any other
local, state or federal laws.
This HPA shall be available on the job site at all times and all its provisions followed by the pennittee and operator(s) performing the
work.
The person(s) to whom this HPA is issued may be held liable for any loss or damage to fish life or fish habitat which results from
failure to comply with the provisions of this HPA.
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 or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment.
IF YOU WISH TO APPEAL A 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 77.55.100;
77.55.103, 77.55.106, AND 77.55.160:
A person who is aggrieved or adversely affected by the following Department actions may request an informal review cf:
(A) The denial or issuance of a HPA, or the conditions or provisions made part of a HPA; or
(B) An order imposing civil penalties.
It is recommended that an aggrieved party contact the Area Habitat Biologist and discuss the concerns. Most problems are
resolved at this level, but if not, you may elevate your concerns to his/her supervisor. A request for an INFORMAL REVIEW
shall be in WRITING to the Department of Fish and Wildlife, 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 HPA or receipt of an order imposing civil
penalties. The 30-day time requirement may be stayed by the Department if negotiations are occurring between the aggrieved
party and the Area Habitat Biologist and/or his/her supervisor. The Habitat Protection Services Division Manager or his/her
designee shall conduct a review and recommend a decision to the Director or its 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 77.55.100 OR
77.55.106:
A person who is aggrieved or adversely affected by the following Department actions may request an formal review of:
(A) The denial or issuance of a HPA, or the conditions or provisions made part of a HPA;
(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.
Page 3 of 4
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All HPAs issued pursuant to RCW 77.55.100 are subject to additional restrictions, conditions or revocation if the Department of Fish p co
and Wildlife determines that new biological or physical information indicates the need for such action. The permittee has the right 0 I—.
pursuant to Chapter 34.04 RCW to appeal such decisions. All HPAs issued pursuant to RCW 77.55.103 may be modified by the = W
Department of Fish and Wildlife due to changed conditions after consultation with the permittee: PROVIDED HOWEVER, that such I-
1
modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 77.55.130. u- Z
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APPEALS - GENERAL INFORMATION U
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DATE OF ISSUE: December 16, 2002
HY9- AULIC PROJECT APPROVA- ,
R.W. 77 - appeal pursuant to Chapter 34.05 : W
A request fora FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife, 600 Capitol Way North,
Olympia, Washington 98501 -1091, shall be plainly labeled as "REQUEST FOR FORMAL APPEAL" and shall be RECEIVED
DURING OFFICE HOURS by the Department 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 77.55.103 or 77.55.160:
A person who is aggrieved or adversely affected by the denial or issuance of a HPA, or the conditions or provisions made part of a
HPA may request a formal appeal. The request for FORMAL APPEAL shall he 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. 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.
State of Washington
Department of Fish and Wildlife
Region 4 Office
16018 Mill Creek Boulevard
Mill Creek, Washington 98012
LOG NUMBER: ST- F4798 -01
SEGALE LEVEE REPAIR
PROJECT DESCRIPTION AND SITE SPECIFIC INFORMATION
Project Location
The vicinity of the Segale Levee Repair project site, shown below in Figure 3.1, is at River Mile
(RM) 15.4 on the left bank of the Green River. The area lies in the Northeast and Southeast
Quarters of Section 35 of Township 23, Range 4 East Meridian, roughly due south of the
intersection of Andover Park West and South 180` Street.
Figure 3.1 Segale Levee Repair Vicinity Map
Existing Site Characteristics .
The Segale Levee Repair site is a 175 foot segment of the 4.1 mile -long Lower Green River
Flood Control Project that was originally built between RM 12.6 to 16.7 along the left bank in
1964 by King County. King County is the agency responsible for maintenance and repair of this
flood protection facility. The repair reach protects land presently occupied entirely by
commercial warehouses, light industrial factories, office buildings, and parking lots. Additional
protected areas include the entire Southcenter shopping mall and adjoining retail and commercial
properties, extending from South 180` Street all the way north to Interstate 405, along the
western portion of the valley floor.
The total channel width at the levee crest is approximately 120 feet, and the ordinary high water
mark (OHWM) width is approximately 65 feet. The planform of the river within this reach is
meandering and the 175 lineal foot facility repair site is relatively straight. The project site and
adjacent reaches upstream and downstream show the effects of extreme channelization, bank
hardening and floodplain filling to create commercial and industrial buildings, streets, parking
lots, a railroad line and other public and private infrastructure. Hydraulic controls at this site
include levee confinement (including the Desimone Levee on the opposite bank) and operation
of Howard Hanson Dam (HHD) upstream by the United States Army Corps of Engineers
(USACE). The USACE's release of flows from HHD under flood conditions is consistent with
the standard project flood (SPF) utilized for design and operation of the dam under its
congressional authorization. This flow condition is targeted or otherwise limited to 12,000 cubic
feet per second (CFS) at Auburn and could last for up to nine days under 100 -year flood
conditions.
The streambed of this regime channel is composed of organic materials, silt and sand; no gravel,"
boulders or bedrock are present, except for rock materials that have sloughed from the facility
toe into the channel. The facility is within a sediment accumulation zone, as evidenced by
accumulation of sediment at the toe of the facility, and on a narrow bench part way up the bank.
At the same time, it appears that lower bank erosion and slumping is episodic at this site, as
evidenced by the toe erosion that will be corrected with this facility repair, and by localized
slumping failures involving the narrow sand bench deposits downstream.
Localized shifting of the channel along the facility's toe appears to have scoured out riverbed
sands along the channel margins over a 175- foot -long reach near RM 15.4 largely due to high
flow events during the winter. This has lead to the localized dislocations of toe rock which are
the subject of the repairs addressed in this present project proposal. Additional observations of
toe rock dislocation due to the February 28, 2001 Nisqually Earthquake have also been reported
to King County by local citizens.
Proposed Action
The primary goals of the Segale Levee Repair project are to: (1) restore structural stability to a
175 -foot segment of the Segale Levee, and (2) improve instream and riparian habitat for
salmonids and terrestrial wildlife.
This project, proposed for mid -to- late - summer during 2003, includes:
1. Replacement of displaced large toe rock;
2. Instream installation of 20 pieces of coniferous large woody debris (all but three of which
will have intact rootwads) parallel to the bank, anchored to large toe rock;
3. Installation of live willow and red -osier dogwood brush layers within all disturbed portions
of the lower bank; and
4. Revegetation of the middle and upper bank with native plant, shrubs and trees during the
ensuing plant dormancy season (October 1 through December 31).
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Purpose and Need
The purpose of this levee repair is to prevent channel migration and contain floodwaters within
highly urbanized areas, including the Southcenter Shopping Mall which is a short distance
downstream from this project site. This repair will also provide an opportunity to improve
salmonid habitat within the Segale Levee reach of the lower Green River by ameliorating at least
two factors of decline noted in a recent assessment of habitat limiting factors in the lower Green
River (King County 2000), namely the deficiency of large woody debris and deficiency of .}_. z
riparian vegetation. cc in
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Construction Activities and Sequence CO al
Temporary Erosion and Sediment Control N "-
1. The following will be brought to the site and staged on a daily basis as needed: O
• Straw bales for slope mulching; g 5
D Silt fencing for perimeter siltation control; u.
• Crushed or washed rock for control of soil pumping on exposed soils in heavy traffic W
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• 5/8 inch minus crushed rock for staging areas and road shoulders; o
D Pea gravel for filter berms and silt fence installations; and w
D Hand brooms, street sweepers, and wash trucks for control of sediments on paved traffic 2
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2. A floating log boom to reduce nearshore velocities and limit instream turbidity levels will be = W
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3. All in -water construction will occur between August 15 and September 30 (or as otherwise v N
authorized by permit conditions), to avoid extended periods of rainy weather and high river o
discharge, and to coincide with the period of minimum habitat utilization by juvenile and z
adult salmonids.
installed prior to in -water construction.
4. All paved traffic areas will be kept free from sediment accumulations by daily sweeping and
washing.
5. Turbidity will be monitored at the construction site, at flagged sampling stations 50 feet
upstream from the excavation area and 250 feet downstream from the excavation area to
facilitate compliance with limits on turbidity set forth in Washington State Department of
Ecology Order No. DE 97WQ -007 (February 24, 1997), and at a flagged sampling station
located one - quarter mile downstream from the site.
Construction Sequence: Toe and Lower Bank Repair
1. Stake limits of construction area at site.
2. Trench silt fence into riverbank slope, at lower limit of construction bench.
3. Place pea gravel berm to anchor silt fence into trench.
4. Excavate upper ten vertical feet of existing levee fill to create construction equipment access
bench landward of silt fence.
5. Stockpile excavated materials landward of existing levee downstream of project area, onto
pea gravel stockpile storage base.
6. Shape ramps to access equipment bench from existing levee crest upstream and downstream
of bench area.
7. Starting at downstream project limits, construct toe repairs in 15 foot long (maximum)
increments, as follows:
8. Lay willow shoots flat against slope and anchor in place with sandbags to prevent damage
from equipment. Prune shoots only if needed to prevent breakage.
9. Install floating log boom for turbidity control.
10. Operating from the temporary construction bench using a PC -330 excavator, excavate
localized pockets of failed or displaced toe materials to accommodate large (four -to -six foot
diameter) toe rocks.
11. Immediately place six inches of crushed railroad ballast bedding over exposed silts and
sands.
12. Place eight inches of quarry spalls over ballast for additional bedding.
13. Place one foot of light -loose riprap over quarry spalls for additional bedding.
14. Secure one -inch diameter anchor chain onto large (four -to- six -foot diameter) rock, using drill
holes from quarry.
15. Set four -to -six foot diameter toe rocks into bankline and wedge into place with additional
large and heavy -loose riprap. Alternate every other toe rock with anchor rock secured
to chain. Pack top edge of rock toe with quarry spalls and railroad ballast to match existing
banidine.
16. Secure large woody debris pieces (with rootwads attached) from the floating log boom
parallel to the bank and secure them to the toe rock anchor chains as shown on the project
drawings. Secure logs to anchor chains, starting at the downstream end and proceeding
upstream. Overlap cut log ends riverward of the next rootwad protruding downstream and
secure overlapped logs to each other with additional one -inch diameter anchor chain. To the
maximum extent possible, anchoring of the large woody debris should seek to secure the logs
as fully below the OHWM as possible, while minimizing the potential for individual logs to
float up, onto the bankline, during flood events. Precise placement of individual large woody
debris pieces will be accomplished under the supervision of the Project Engineer and the
Senior Ecologist.
17. Repeat in next upstream increment to end of repair project area.
18. Install additional native willow and dogwood cuttings to repair any incidental disturbance of
existing willow layers.
Construction Sequence; Levee Crest Reconstruction
1. Replace stockpiled levee fill materials onto bench area to reconstruct levee prism to original
height. Compact in eight inch lifts to 95% maximum density at optimal moisture content.
2. Bring the levee slope face as close as possible to finish grade and mulch with straw on a daily
basis as needed during any anticipated periods of rainy weather. Finish grading upper bank
slope.
3. Reserve one -to -three feet of fill depth along both landward and riverward levee face for
placement of planting soil. Place soil as shown on cross - section drawing. Dress finished
levee face slope with one -to -three feet of an approved planting soil mix (20% Groco) as
needed to support riparian vegetation establishment and hydroseed immediately following
completion.
4. Stake slope areas subject to winter inundation with coir fabric over the completed hydroseed
cover as needed to prevent winter erosion.
5. Hydroseed any remaining disturbed soil surfaces following completion of all construction
activities.
6. Water plants and grass seed as needed, twice a week minimum, until the onset of fall rains.
7. Once grass cover is established and thriving, remove silt fence, hand smooth trench area to
distribute pea gravel over disturbed soils along length of trench, hand seed, and cover with
straw mulch.
8. Add additional plantings to willow layers above toe during the following plant dormancy
season (Octoberl through December 31).
9. Plant middle and upper slope areas with potted upland native shrubs during the following
plant dormancy season (October 1 through December 31) in accordance with planting plan
and plant schedule shown on the project drawings.
Equipment Used
PC 330 track hoe, D -3 bulldozer, 10 CY dump trucks, flatbed willow and watering trucks,
pickup trucks, 1 ton flatbed trucks, 30' bed trash hauler, portable water pump and/or water truck,
hydroseed truck, and vibratory roller /compactor.
Long Term Erosion and Sediment Control Monitoring.
All stabilized slope areas will be monitored for signs of erosion during wet winter months and
immediately repaired. Repairs can include straw mulching, straw mulch packing of incipient
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rills, gravel patching of incised rills, additional placement of topsoil, additional hand- and/or
hydroseeding, placement of washed rock filter berms, and localized placement of additional silt
fencing. The goal is to maintain a vigorous establishment of dense, deeply rooted erosion
control grasses and native riparian vegetation on all disturbed slope areas at all times.
Long Term Project Monitoring
Long term monitoring of structural integrity, riparian habitat, instream habitat and fish habitat
utilization will be performed in accordance with a monitoring plan approved pursuant to issued
federal permits.
Construction Schedule
Inwater portions of this project are proposed to occur over a four week period between August
15 and September 30 (or as otherwise authorized by permit conditions) of 2003, which coincides
with the anticipated window for instream construction to be established by the Washington State
Department of Fish and Wildlife's Area Habitat Biologist. However this window is subject to
change due to the chinook and bull trout listings. Out -of -water work may continue through
October. Potted plant installation will take place during the ensuing plant dormancy season
(October 1 through December 31).
Total Estimated Construction Cost
Based on King County's performance standards, the total estimated construction cost for all
labor, material, equipment and supplies to complete the project fully consistent with the design is
$135,722.
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NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR THAN
THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT.
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This letter is in response to your application requesting Department of the Army o
authorization to do levee repair work (Segale Levee) and install instream habitat features in the o �
Green River at Tukwila, Washington. The regulations that govern our permit program contain a o I--
series of Nationwide Permits (NWPs). Each NWP authorizes a specific category of work, i w
provided certain conditions are met. The NWP 3 (Federal Register, January 15, 2002, Vol. 67,
No. 10) authorizes "maintenance...." The NWP 27 authorizes "stream and wetland restoration —
activities...." The entire text of NWPs 3 and 27 are enclosed. o
o �
The NWP 3 authorizes the above- described proposed levee repair work and NWP 27 Z
authorizes the instream habitat features in the Green River. The work must be performed as
depicted on the enclosed drawings and in accordance with the enclosed general conditions and
the special conditions listed below in order to remain authorized by the nationwide permit. One
of the special conditions is as follows:
a. You must allow representatives from this office to inspect the authorized activity at any
time deemed necessary to ensure that it is being or has been accomplished in accordance with the
terms and conditions of your permit.
I have completed the necessary coordination under Section 7 of the Endangered Species Act
(ESA). I have added the following special conditions to your permit:
b. You must implement the Endangered Species Act (ESA) requirements and/or
agreements set forth in the Lower Green River Levee and Revetment Repairs, Construction Years
2001 -2003, Batched Biological Assessment for Puget Sound Chinook and Coho Salmon, Bull
King County Water and
Land Resources Division
ATTN: Ms. Ruth Schaefer
201 South King Street, #600
Seattle, Washington 98104
Ladies and Gentlemen:
DEPARTMENT OF THE ARMY
SE -- "l.E DISTRICT. CORPS OF ENGINEERS
P.O. BOX 3755
SEATTLE, WASHINGTON 98124 -3755
MAY 3 0 2002
Reference: 2002 -4 -00181
King County Dept of
Natural Resources
Washington State Department of Ecology
Northwest Regional Office
3190 - 160 Avenue Southeast
Bellevue, Washington 98008 -5452
Telephone (425) 649 -7145
-2-
Trout and Bald Eagle, dated February 2001 in its entirety. The U.S. Fish and Wildlife Service
(USFWS) concurred with a finding of "may affect, not likely to adversely affect" based on this
document on March 13, 2002 (USFWS Reference Number 1- 3 -01 -I- 02392). The National
Marine Fisheries Service (NMFS) concurred with a finding of "may affect, not likely to
adversely affect" based on this document on February 26, 2002 (NMFS Reference Number
WSB -01 -398). Both agencies will be informed of this permit issuance and will enforce any
known violations of the commitments made in this document pursuant to the ESA.
c. For the protection of Chinook salmon and bull trout, inwater work is allowed only
during the period from August 1 through August 31 of any year. No inwater work is allowed
during the period from September 1 through July 31 of any year.
In order for these NWPs to be valid, you must obtain and comply with an individual Water
Quality Certification and Coastal Zone Management Consistency Response determination from
the State of Washington prior to commencing any work. Please telephone or send your plans to:
These NWP verifications will be valid for 2 years from the date of this letter, or until the
date the NWPs are modified, reissued, or revoked, whichever is sooner. If the authorized work
has not been completed by that date, you should contact us to find out what permit requirements
are then in effect.
If the project meets all the conditions, you will need no further authorization from us for the
above- described project. You must still comply with other Federal, State, and local requirements
that may pertain to the project. When you have finished the work, please fill out and return the
enclosed compliance statement. If you have any questions, please contact me at telephone
(206) 764 -6906.
Enclosures
• Sincerely,
Green, Project Manager
Application Review Section
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United *es Department of the Inter r
FISH AND WILDLIFE SERVICE
Western Washington Fish and Wildlife Offirr.
. 510 Desmond Drive SE, Suite 102
• .. • Lacey, Washington 98503 •
Pretense: (360) 753 -9440 Fax: (360) 753 -9008
Colonel Ralph H. Graves, District Engineer
Corps of Engineers, Seattle District
P - U: Box3755 . '
• Seattle, Wasliiiigton 98124 -2255
• Attention= Jim•Gr>ccn, Probed Manager
o moHal FORM H (7 -1101
FAX TRANSMITTAL
• FWS Reference:
• Dear Colonel. Graves: ;
. King Countk WDLR
King County WDLR
King County WDLR
Hs$ T546-01-317-T366 ws9.101
1-3-01-1-02387 Segali Levee (2001 -4- 00468)
1 -3 -01 -I -02388 Desimone Levee (2001 -4- 00469)
1 -3 -01 -I -02392 Pipeline Levee (2001 -4- 00470)
Few 1 36 a 7 3 - ? ' ' ol
GET4EAn1. 9etfinC69 ACAlttISMAThON
This letter responds to your request for formal consultation on seven bank repair projects in the
lower Green River, King County, Washington. Your Biological Assessment, cover letter, and
Memsorandutnforthe Services, were dated August 31, 200I, and received in our office on
September 4, 2001. We requested additional information during a conference call on February 6,
2002, and received the information on February 11.2002. In a letter dated on February 27, 2002,
King County requested that the three above projects be separated out and reviewed so work could
begin in the summer.
In your letter you requested that we concur with your detomination of "may affect, likely to
adversely affect! for the bull trout (Salvtelinus coreluennis) and "may affect, not likely to
advasely affect" for bald eagles (Haliacefus lcucocepbalus) as evaluated in accordance with
section 7(1)(2) ofthe Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et
sceq). However, after t our review ofthe Biological Assessment. we believe these twee proposed
projects are not likely to adve tidy affect listed species- Therefore, we fed that these wee
projects are not likely to adversely affect the bull trout
We believe that sufficient information was provided to determine the effects of the proposed
projects to federally listed species and to conclude whetherthese project are likely to adversely
affect those species. We, therefore, concur with the "may affect, not likely to adversely affect"
detuminations for the bull trout and bald eagles. Our concurrence is based on the information
and conservation measures described in the Biological Assessment, cover letter, Memorandum
for the Services, and additional information including the following:
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The Segale project entails replacement of large toe -rock displaced during recent floods, instream
installation of 20 conifer logs, installation of willow and red -osier dogwood within disturbed
portions of the lower band and revegetation of the middle and upper banks with native shrubs
during the ensuing plant dormancy period.
The proposal at the Desimone site is the last of a three -phase project. Proposed activities
included instream installation of 49 conifer logs, 14 poplar logs, planting willow and red osier
dogwood on the lower bank and during the ensuing plant dormancy period, reforestation of a
previously constructed bench.
The proposed activities at the Pipeline site are also the latter stages of a phased project. Phase
One of this project, which entailed setting back the levee slope, was completed in April 1999.
Phase 2, currently proposed, includes replacement of large rock to replace rock scoured out in
recent floods; instream installation of 50 conifer logs, planting willow and red -osier dogwood in
disturbed portions of the lower bank, and revegetation of all remaining portions of the site.
To address the potential for construction activities to degrade water quality, the applicant has
described minimization measures for sequence and timing of construction activities, and
temporary erosion and sediment control measures. The applicant has also agreed to use native
plant materials for erosion and sediment control and anchor logs with non - galvanized chain to
avoid toxicity. Adding large woody debris and planting native vegetation in the riparian areas
will contribute to recovery of ecological functions for PS chinook.
This concludes informal consultation on these actions in accordance with 50 C FR 402.14(b)(1).
The Army Corps of Engineers (ACOE) must re- analyze this ESA consultation if: 1) new
information reveals effects of the action that may affect listed species in a way not previously
considered; 2) .the action is modified in a manner that causes an effect to the listed species that
was not previously considered; or 3) a new species is listed, or critical habitat designated, that
may be affected by the identified action.
• Magnuson- Stevens Fishery Conservation and Management Act
Federal agencies are required, under §305(bX2) of the MSA and its implementing regulations
(50 CFR 600 Subpart K), to consult with NMFS regarding actions that are authorized, funded, or
undertaken by that agency that may adversely affect Essential Fish Habitat (EFH). The MSA •
( §3) defines EFH as "those waters and substrate necessary to fish for spawning, breeding,
feeding, or growth to maturity." If an action would adversely affect EFH, NMFS is required to
provide the Federal action agency with EFH conservation recommendations (MSA
§305(b)(4)(A)). This consultation is based, in part, on information provided by the Federal
action agency and descriptions of EFH for Pacific salmon contained in Appendix A to
Amendment 14 to the Pacific Coast Salmon Plan (August 1999) developed by the Pacific
Fishery Management Council and approved by the Secretary of Commerce (September 27,
2000).
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The proposed actions are described in the above - referenced Biological Assessment. The project
area includes habitat which has been designated as EFH for various life history stages of chinook
and coho salmon (0. kisutch).
EFH Conservation Recommendations: Because the habitat requirements (i.e., EFH) for the
MSA- managed species in the action area are similar to that of the ESA- listed species, and
because the conservation measures that the ACOE included as part of the proposed action to
address ESA concerns are also adequate to avoid, minimize, or otherwise offset potential adverse
effects to designated EFH, conservation recommendations pursuant to MSA ( §305(b)(4)(A)) are
not necessary. Since NMFS is not providing conservation recommendations at this time, no 30-
day response from the ACOE is required (MSA §305(b)(4)(B)).
This concludes consultation under the MSA. If the proposed action is modified in a manner that
may adversely affect EFH, or if new information becomes available that affects the basis for
NMFS' EFH conservation recommendations, the ACOE will need to reinitiate EFH consultation
with NMFS in accordance with the implementing regulations for EFH at 50 CFR 600.920(k).
If you have questions regarding either the ESA or MSA consultation, please contact Phyllis S.
Meyers of the Washington State Habitat Branch Office at (206) 526 -4506.
Sincerely,
D. Robert
Regional
strator
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Colonel Ralph H. Graves
District Engineer
Corps of Engineers, Seattle District
Post Office Box 3755
Seattle, Washington 98124 -3755
Attention: Kathy Wright
D prod on Recycled Paper
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and ,nospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Northwest Region
7600 Sand Point Way N.E., Bldg. 1
Seattle, WA 98115
February 26, 2002
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This correspondence is in response to your request for consultation under the Endangered
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Species Act (ESA). Additionally, this letter serves to meet the requirements for consultation Cu
under the Magnuson Stevens Fishery Conservation and Management Act (MSA). ~
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King County Department of Natural Resources and Parks
Director's Office
201 South Jackson Street, Suite 700
Seattle, Washington 98104 -3855
Re: Endangered Species Act Section 7 Informal Consultation and Magnuson - Stevens Fishery
Conservation and Management Act Essential Fish Habitat Consultation for three King
County Green River Levee repair projects at the Segale, Desimone and Pipeline locations
(NMFS No. WSB -01 -398, ACOE 2001 -4 -00468 and 2001 -4- 00470)
Endangered Species Act
This letter responds to a Biological Assessment Second Draft Report dated February, 2001,
received by NMFS September 4, 2001, as well as supplemental information provided in a
meeting February 6, 2002, and asite visit February 14, 2002. For the Segale, Desimone and
Pipeline levee repair projects, National Marine Fisheries Service (NMFS) concludes the
proposed activities may affect but are not likely to adversely affect threatened Puget Sound (PS)
Chinook (Oncorhynchus tshawytscha) or their designated critical habitat.
The Segale and Desimone levee repair proposals are at about river mile (RM) 15.4 on the banks
of the Green River within the City of Tukwila, near the South Center shopping mall. The Segale
project is a 190 -foot long section of the left bank. The Desimone project is between RM 15.4
and RM 15.6 on the right bank.
-work will be conducted during a time bull trout are least likely present;
-a turbidity curtain will be placed in the river before any work occurs below ordinary high
water,
- turbidity will be monitored and measurements will be conducted 50 feet above and 250
feet below the project when equipment is working below ordinary high water to ensure
water quality remains within Department of Ecology guidelines;
-the repairs are being conducted on existing levees; and,
-the lower Green River habitat baseline is degraded and the incorporation of woody
debris will provide some habitat complexity.
This concluder informal consultation pursuant to the regulations implementing the Act, 50 CFR
402.13. This project should be re-analyzed if new information reveals effects of the action that
may affect listed species or critical habitat in a manner or to an extent not considered in this
consultation; if the action is subsequently modified in a manner that causes an effect to the listed
species or critical habitat that was not considered in this consultation; and/or if a new species is
listed or critical habitat is designated that may be affected by this project.
If you have further questions about this letter or your responsibilities under the Act, please
contact Brian Missildine at (360) 753 - 9561 or John Grettenberger at (360) 753 -6044, of this
. office. . . . •
Sincerely,
Ken S. Berg Manager
Western n Washington Fish and Wildlife Office
c: NMPS, Lacey (S. Landino)
'WDFW, Region 4
DOE, Bellevue (A. Kelley)
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