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HomeMy WebLinkAboutPermit L02-066 - LEVESQUE ANDREW - SHORELINE PERMITL02 066 SEGALE LEVEE REPAIR RIVER MILE 15.4 LEFT BANK SHORELINE ...,.... . • :4+:J;t.i- 'C� "r,:JJ +..4i*tix 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 �. 2U GC?1ii. lfP`I i Y 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. Ai'�^�'sr'WGJ1t4 %ji5. \;. »'4w'u __ � : 440. • i' �:.;+..: 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 ,� 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 U w w 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 = _ z �. I— O• z F— 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 W O co O — O I— O W 0 : .z w 0 =. O ' z 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 14 ft z U . 0 0 CO W W f— CO L W 2 U.Q CO d W Z = I-- O Z F— W W U 0 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 W APPEALS - GENERAL INFORMATION U O~ z 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). z • . = z w J 0 O 0 ❑ U cn J w • 0 g Q co = a w z i-- z1-- w U O - O H W W w z U= O z 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 6 J U U O 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 areas; z �. • 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 surfaces o cn. o E 2. A floating log boom to reduce nearshore velocities and limit instream turbidity levels will be = W z 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 i nn: e. mover+�ta�iacn�,��.gox,�.rarw�b� m 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. t g t • ?IIVd31130131)193S f311/WI1S31SOD AAIVNIWI1321d NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR THAN THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT. 6Z SAVO M32t0 031tl1NIIS3 009'9 $ Ada /$$1S00 M32:0 9LL $ dl /$$ 1SO0 1VOIdAl 9L1. 133d 2:1V3N11 • ZZL`9£ I. $ . 1S00 14101 OZL $ 170'0 AS 00091. 09 00£ a33S02101H 699 000`6 $ 006 SIP 06 0NI2131VM 999 000'91. $ 09L 5601 OZ 9L I. aM1 L99 (silo .1■oo) 000'6 $ 006 Slloi 01. 0091- Sa110030 999 (spu6oa6 J1edaJ) £99`9 $ 9Z' 6 wield 0929 0£ 9L 6 '03/132 1799 (ails waij asnai) 0L9'917 $ H. 10 617Z£ 00918 01. 9£ 09Z 1113 €179 (a}Isuo asnai) 688`8£ $ Z 6 10 617Z£ 009L9 01. 9£ 09Z 31.VAV0X3 9Z9 (log }uoo }snp) 9L8 $ 9£ S2JH 9Z '1NIVIN 'OSIIN 61-9 £££`9 S 17Z AO ZZZ 0009 6 OZ 00£ 8f12IO'82!V310 LI.9 :90`Z $ 9Z 10 £9 09ZZ 9'0 91. 00£ SS300V Z1.9 688'01. $ 9£ 10 1.1.€ 00178 8 9 9/.1 >10021 61-9 S.S00 [ILI 11Nf1 /$ x S11Nf1 A D = d0fon = ytdop x ytptnn X y16u91 NOI1dI2l0S3a NShc )ISVI t g t • ?IIVd31130131)193S f311/WI1S31SOD AAIVNIWI1321d NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR THAN THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT. REPLY TO ATTENTION OF Regulatory Branch z ce JU 0 0 W 0 LLI J = u- w < = a Z = I- 0 Z I- LL! Lij 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 z z O 0 (j) CO w J = I- V) 1j. w u . 1" = W z I. 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'NEZ'1 'GC 'oeS .9'OI. .9Z dLti :epn212e1 r9'£6 ,SL oZZI :epn ;IBuol ISeM *fed JenoPW 0081 pue 00091. :NOIly001 3 4( r r r S. el!ANfnl to '4IJ 'Z dl 'Weld el • 6 • :S213NMO AiH3d021d 'Pat/ ;ueweoueyua;ellgey'ial;uoo pooh :3S0d21ld 1ledel eenei :03S0d02ld seomosaa IemleN jo *Idea •o0 BuDi 1.9I.00 :30N3113d311 311103HOS 1NYld � 83d S1NYld M3N nay I3YANI S213AY1 M011IM ON1ISIx3 11Y 211Y1321 3 SS32111f18 301 MOON 030Y►rv0 33Y1d3a ONY 31YAYOX3 NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR THAN THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT. •NOSY3S A3NM9a00 LOOL -1002 ONlan0 S.NYld 031108 NYIavdia 3A11YN 11V1SNl •SY321Y 3dOlS a392101sta 11v 0335080AH 'l1OS ONItNYId 13 £ 01 •13 t HI1M 213A03 •513f1 HDNI Q 0313vdn03 NI S3d01S 031vnYOx3 OlIn83a NOIIYAY3X3 3d01S 01 8018d 33N33 ITS II•ISNI ON18011NOW 1081N00 1N31^1I03S ONb NOIS083 112331 ONO1 S3ON3f103S NOIl0f12l1SNO0 1081N00 1N3WI03S ONd NOIS0213 A8V JOd1131 '014101110NI S310N 103f 02id 2103 133HS 83A00 33S 1 .R 1 3 2002 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: z _� - . z ° W 00 w O J W L U) O W z� ZO uj U ON CH- U.1 w 1- - .z W - c 0 -2- 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). ' re.2=0 w ',? iS'• Y' b!+'•. st raM' Nh*+ fm. 1•.! wr. ro^ tW+.` ,R•..rtt�..:ti'�.+FVe'!Y�+tae'es. :fir -3- 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 . i�3u S�FF, JSc. ur... ul; dF ivi3a' S�. 7.1':w'Jis�4«t✓.i.;�F'' IA`JO�.�L' z z w 6D. 0 0 cn u) w J H N u_ . w I L O -. 0 % — ': w w 0 O z = O � z 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 WkR 8207 z w • w J U O 0 . Attention: James Green co co L11 J • LL w 0 g - u. I— w Z I-- 0 z I- C) O • - GI I— LL! il l I— F L- This correspondence is in response to your request for consultation under the Endangered z co Species Act (ESA). Additionally, this letter serves to meet the requirements for consultation Cu under the Magnuson Stevens Fishery Conservation and Management Act (MSA). ~ O . z 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) ,- niM1 +L. ii �Y+a+�hs�aLW.wviw.