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HomeMy WebLinkAboutPermit L99-0013 - CITY OF TUKWILA / PUBLIC WORKS DEPARTMENT - SHORELINE PERMITL99 -0013 STORMWATER OUTFACE PIPE .7600 West Valley Hwy. s City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director April 1, 1999 EXEMPTION FROM SHORELINE MANAGEMENT ACT SUBSTANTIAL DEVELOPMENT PERMIT REQUIREMENT Phil Fraser City Of Tukwila Public Works 6300 Southcenter Boulevard Tukwila, WA 98188 RE: West Valley Highway Outfall Repair E99 -0007 SEPA Checklist L99 -0013 Request for Shoreline Permit Exemption Dear Mr. Fraser: This letter is to notify you that the proposed repairs to an existing storm system outfall are exempt from the requirement of a substantial development permit because the work falls under WAC 173 -27 -040 (2) (b) normal maintenance or repair of existing structures. In December of 1998 the pipe and gate valve broke and erosion due to stormwater runoff has accelerated rapidly. This situation leaves the neighboring roadway system and commercial properties unprotected from flood damage during higher stages of the Green River. The proposed repairs include replacement of the broken pipe, installation of a new lightweight valve and restoration of the disturbed area with riprap and native vegetation. All work will be above the ordinary high water mark and the installation will not require heavy machinery waterward of West Valley Highway. A Determination of Non - Significance was issued for the project on March 18, 1999. A Hydraulic Project Approval from the State Department of Fish and Wildlife will be required. No adverse impacts on the Green River are expected and the proposed development is consistent with the Policies of the Shoreline Management Act and the King County Shoreline Master Program. Since ely, Steve Lancaster Director, Department of Community Development C: \Nora's Files \LETTERS \Outfall Exemption.doc 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 ....:: ^• z W: 6 _J 'oo; CI. W J am.. w 0: J LL <: -•a z� o, Z r•- w uj tn; ;CI w W: — O. ui z 0 ~: z CITY OF TUKWILA DETERMINATION OF NONSIGNIFICANCE (DNS) DESCRIPTION OF PROPOSAL: • Replacement of pipe and gate valve on outfall on the west side of West Valley Hiqhway near 17600 PROPONENT: CITY OF TUKWILA PUBLIC WORKS LOCATION OF PROPOSAL, INCLUDING STREET ADDRESS IF ANY: ADDRESS: 6200-SOOTHCENTER BL PARCEL NO 359700-.0282 SEC/TWN/RNG: PROJECT ATE - 17600 WEST VALLEY HIGHWAY,, WEST SIDE OF ROAD LEAD AGENCY:: CITY OF TUKWILA ,FILE NO: E99-0007 •, The City ha determined that the proposal does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.210.030(2)(c). This decfsion was made after review of a completed environmental checklist' and other information on file with the lead agency. This informatfon is available ',to the 'public on request. I .,•, This DNS', is-Jsued ander-1977j1:*340(2j... Comments must be SubMitted ..., f. . ... VY• 1 , .,:The., lead agency Willnot act on : th115 prOposal tor:. days...-froM theda,t.e—b.eioW.-..- Steve Laaster, Responsible Official City of TUkW,i1a, (206) 431-3680 . 6300 Southenter Boulevard Tukwila, WA= ,l-98188 Copies of the procedures for SEPA:-.appeals:,are Department of Coiii4unity DevelopMent. A F F I D A V I T ,/ I, , ,I1I :Notice of Public Hearing J Notice of Public Meeting O Board of Adjustment Agenda Packet fl Board of Appeals Agenda Packet OPlanning Commission Agenda Packet 0 Short Subdivision Agenda Packet O F D I S T R I B U T I O N hereby declare that: []Notice of Application for Shoreline Management Permit QShoreline Management Permit ODetermination of Non - significance 0 Mitigated Determination of Nons ignif is ance 0 Determination of Significance and Scoping Notice 0 Notice of Action Official Notice ^© Other GO- l G'tic(?) yc 17 �i GL • V\ N'-) C kk -e_ciC Other 2C t LLP/� ! f�N :x S {� bAe. L was mailed to each of the following addresses an (JETE.ct L. l ` ci Name of Project i ( L�l, ."v'"S ignature File Number ((.77cl 01 - bC 7 L�1�1 -00.13 _jl J ( f C( ZL-4/1*_ it 2 6D. J O; o O' • (o w .w I • CO w . wO L Q M(1- 1- zo i0 co' 10 H AU w =•U z: :OI - Z 2/23/99 MAILING LIST FOR PROPERTIES WITHIN 500 L.F. OF WEST VALLEY HIGHWAY OUTFALL REPAIR PROJECT 1. PARCEL NO. 25-23-0490-33 ALCO INVESTMENT COMPANY ALASKAN COPPER AND BRASS PO BOX 3546 SEATTLE, WA. - 98124 -3546 2. PARCEL NO. 25-23-0490-17 NORTH VALLEY PARTNERSHIP C/0 THE REIS GROUP 13221 SE 26TH STREET (SUITE M) BELLEVUE, WA. - 98005 (17600 W. VALLEY HWY.) 3. PARCEL NO. 36-23-0490-57 FORTE RENTALS PO BOX 816 RENTON, WA. - 98057 -0816 4. PARCEL NO. 25 -23- 0490 -70 CITY OF TUKWILA TUKWILA MAINTENANCE SHOPS 600 MINKLER BLVD. TUKWILA, WA. 98188 5. PARCEL NO. 25-23-0490-71 PACIFIC GOLF PROPERTIES 631 STRANDER BLVD. (SUITE G) TUKWILA, WA. 98188 6. PARCEL NO. 25-23-0490-57 PRINTING CONTROL 1011 ANDOVER PARK E. TUKWILA, WA. 98188 7. PARCEL NO. 25-23-0490-63 COSTCO #06 AHV EXP PAYABLES #2695000 PO BOX 34305 SEATTLE, WA. 98124 -1305 (17700 W. VALLEY HWY.) (600 ANDOVER PARK E.) (1160 SAXON DRIVE) DOC 10.DOC CHECKLIST: JNVIRONMENTAL REVIEW /SHORELINE PERMIT MAJ..JNGS ( ) U.S. ARMY CORPS OF ENGINEERS ( ) FEDERAL HIGHWAY ADMINISTRATION ( ) DEPT OF FISH & WILDLIFE OFFICE OF ARCHAEOLOGY TRANSPORTATION DEPARTMENT DEPT NATURAL RESOURCES OFFICE OF THE GOVERNOR DEPT OF COMM. TRADE & ECONOMIC DEV. DEPT OF FISHERIES & WILDLIFE FEDERAL AGENCIES ( ) U.S. ENVIRONMENTAL PROTECTION AGENCY ( ) U.S. DEPT OF H.U.D. WASHINGTON STATE AGENCIES K.C. PLANNING & COMMUNITY DEV. BOUNDARY REVIEW BOARD FIRE DISTRICT #11 FIRE DISTRICT #2 ) K.C. WATER POLLUTION CNTRL SEPA OFFCL TUKWILA SCHOOL DISTRICT ).TUKWILA LIBRARIES ) • RENTON LIBRARY KENT LIBRARY CITY OF SEATTLE LIBRARY .0 S WEST SEATTLE CITY LIGHT PUGET SOUND ENERGY HIGHLINE WATER DISTRICT SEATTLE WATER DEPARTMENT TCI CABLEVISION OLYMPIC PIPELINE KENT'PLANNING DEPT TUKWILA CITY DEPARTMENTS: ( ) PUBLIC WORKS ( ) () POLICE ( ) ( .) PLANNING ( ) ( ) PARKS & REC. ( ) ( ) CITY CLERK FIRE FINANCE BUILDING MAYOR ( ) PUGET SOUND REGIONAL COUNCIL ( ) P.S. AIR POLLUTION CONTROL AGENCY ( ) SW K C CHAMBER OF COMMERCE 04) MUCKLESHOOT INDIAN TRIBE ( ) DUWAMISH INDIAN TRIBE ( ) SEATTLE TIMES 07/09/98 C:WP51DATA \CHKLIST ( ) DEPT OF SOCIAL & HEALTH SERV. ((xj DEPT OF ECOLOGY, SHORELIND DIV (U44 DEPT OF ECOLOGY, SEPA DIVISION* ( ) OFFICE OF ATTORNEY GENERAL * SEND CHKLIST W/ DETERMINATIONS * SEND SITE MAPS WITH DECISION KING COUNTY AGENCIES ) K.C. DEPT OF PARKS HEALTH DEPT PORT OF SEATTLE K.C.DEV & ENVIR SERVICES -SEPA INFO CNTR K.C. TRANSIT DIVISION - SEPA OFFICIAL SCHOOLS /LIBRARIES HIGHLINE SCHOOL DISTRICT K C PUBLIC LIBRARY SEATTLE MUNI REF LIBRARY SEATTLE SCHOOL DISTRICT RENTON SCHOOL DISTRICT UTILITIES CITY PUGET SOUND POWER & LIGHT VAL -VUE SEWER DISTRICT WATER DISTRICT #20 WATER DISTRICT #125 CITY OF RENTON PUBLIC WORKS RAINIER VISTA SKYWAY AGENCIES ( ) RENTON PLANNING DEPT ( ) CITY OF SEA -TAC ( ) CITY OF BURIEN ( ) TUKWILA PLANNING COMMISSION MEMBERS ( ) TUKWILA CITY COUNCIL MEMBERS ( ) CITY OF SEATTLE - SEPA INFO CENTER - DCLU ( ) SEATTLE OFFICE OF MGMNT & PLANNING* * NOTICE OF ALL SEATTLE RELATED PLNG PROJ. OTHER LOCAL AGENCIES ( ) METRO ENVIRONMENTAL PLANNING DIV. OFFICE /INDUSTRIAL 5,000 GSF OR MORE RESIDENTIAL SO UNITS OR MORE RETAIL 30,000 GSF OR MORE MEDIA Z. W o o ' CO w :. • = W Di g J; u. N D _ C3. W I-o- Zt- U ;W W` W Z co UN'. F— Z CITY OF TUKWILA NOTICE OF APPLICATION PROJECT INFORMATION The City of Tukwila Public Works Department has filed applications for repair of a stormwater outfall pipe to be located near 17600 West Valley Highway. Permits applied for include: E99 -0007 SEPA Environmental Review Checklist L99 -0013 Request for a Shoreline Substantial Development Permit Exemption FILES: AVAILABLE FOR PUBLIC ,REVIEW The project files are available at the City of Tukwila. To view the files, you may request them at the counter at the Department of Community Development (DCD), located at 6300 Southcenter Boulevard #100. OPPORTUNITY FOR PUBLIC COMMENT Your written comments on the project are requested. They must be delivered to DCD at the address above or postmarked no later than 5:00 P.M., March 17th, 1999. APPEALS You may request a copy of any decision, information on hearings, and your appeal rights by calling DCD at (206) 431 -3670. For further information on this proposal, contact Nora Gierloff at (206) 431 -3670 or visit our offices at 6300 Southcenter Boulevard, Suite #100, Monday through Friday, 8:30 a.m. to 5:00 p.m. Application Filed: 2/23/99 Notice of Completeness Issued: 3/2/99 Notice of Application Issued: 3/3/99 z • Z:. w. J0, O 0: w 0 W=. J • u- w0 • Q d �_: z �0 zI- w uj n0 0 0- :0 F- w W. H V 1. z': iu co. z February 23, 1999 Mr. Steve Lancaster City of Tukwila . Department of Community Development 6300 Southcenter Blvd — Suite 100 Tukwila, WA 98188 Re: • Request for Shoreline Exemption for W. Valley Highway Outfall Repair. 1999 City of Tukwila Small Drainage Maintenance Program Dear Mr. Lancaster, KPG 753 9th Avenue_North Seattle, WA 98109 (206) 286 -16440 FAX 286 -1639 The purpose of this letter is to request confirmation that the repairs to the existing outfall are exempt from formal issuance of a City of Tukwila Shoreline Substantial Development permit. KPG is performing design services for the City of Tukwila as part of the 1999 annual small drainage maintenance program. The project-entails removal and replacement of an existing flap gate and approximately 10 feet of 18 -inch concrete storm drain pipe which has broken and displaced, causing erosion to the river bank. The flap gate will be replaced with a modern, light weight valve which requires no concrete work and is much less susceptible to creating the erosive situation observed at the current installation. All work is above the ordinary high water mark and no heavy machinery will be required waterward of W, Valley Highway for the installation. All disturbed areas adjacent to the pipe and outfall protection will be restored with appropriate native species. This project was originally placed on the maintenance roster based on observance of ,a minor slipped joint in the pipe in late 1997. In December of 1998, the pipe and gate -valve broke completely, and erosion in the area has accelerated, rapidly. Currently; the neighboring roadway system and commercial properties are . unprotected from flood damage during higher stages of the Green River. Also, the accelerated erosion has put the structure of W. Valley Highway, a major arterial, at risk. Our interpretation is that this project is exempt from Shoreline Substantial Development permit requirements pursuant to WAC 173- 27- 040(2)(b), which allows for normal maintenance and repair. Also, due to the recent acceleration of erosion and the resulting risk posed to the neighboring roadway and commercial properties noted above, this work would appear to constitute an emergency exemption pursuant to WAC 173- 27- 040(2)(d). We are currently applying for a Hydraulic Project Approval from the State Department of Fish and Wildlife for this project. Please feel free to contact me at 206 - 286 -1640 if you have any questions or would like additional information. Thank you for your assistance: Very Tr Yours, Nelson Davis, P.E. Project Manager cc: Phil Fraser, P.E. — Tukwila Public Works Architecture •, Civil Engineering • Landscape Architecture • Urban Design r *• recycled paper • .: :.. z mow. UO • io o . to W' x. w • 0' . La • D • za w. Z F.: f- O .z o • •'o • 'Ulu z w O� z May 2, 1998 City of Tukwila John W Rants, Mayor Department of Community Development Steve Lancaster, Director NOTICE OF COMPLETE APPLICATION Phil Fraser City Of Tukwila Public Works 6300 Southcenter Boulevard Tukwila, WA 98188 RE: West Valley Highway Outfall Repair E99 -0007 SEPA Checklist L99 -0013 Request for Shoreline Permit Exemption Dear Mr. Fraser: Your application for maintenance and repair of a storm system outfall located at 17600 West Valley Highway has been found to be complete on March 2, 1999 for the purposes of meeting state mandated time requirements. The next step is for you to install the notice board on the site within 14 days of the date of this letter. You received information on how to install the sign with your application packet. Once you have installed the notice board post it with a laminated copy of the "Notice of Application" and the comment period will start. After installing the sign with the laminated notice, you need to return the signed Affidavit of Posting to our office. This determination of complete application does not preclude the ability of the City to require that you submit additional plans or information, if in our estimation such information is necessary to ensure the project meets the substantive requirements of the City or to complete the review process. This notice of complete application applies only to the permits identified above. It is your responsibility to apply for and obtain all necessary permits issued by other agencies. If you have any questions about these procedures feel free to call me at (206) 433 -7141. Sincerely, Nora Gierloff Associate Planner 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 4313665 z re 2 6 —1 C.) OO: CO :co w w= J t : ..w O; g _a w. =. z 1_-O: z F- 0, 10 w w:. ,2.0 • r w z 17: z development from start to finish, including the cost of labor, materials, equipment and facility usage, transportation and contractor overhead and profit. The fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials; (9) "Height" is measured from average grade level to the highest point of a structure: Provided, That television antennas, chimneys, and similar appurtenances shall not be used in calculating height, except where such appurtenances obstruct the view of the shoreline of a substantial number of residences on areas adjoining such shorelines, or the applicable master program specifically requires that such appurtenances be included: Provided further, That temporary construction equipment is excluded in this calculation; (10) "Local government" means any county, incorporated city, or town which contains within its boundaries any lands or waters subject to chapter 90.58 RCW; '(11) "Natural or existing. topography" means the topography of the lot, parcel, or tract of real property immediately prior to any site preparation or grading, including excavation or filling; (12) "Party of record" includes all persons, agencies or organizations who have submitted written comments in response to a notice of application; made oral comments in a formal public hearing conducted on the application; or notified local government of their desire to receive a copy of the final decision on a permit and who have provided an address for delivery of such notice by mail; (13) "Permit" means any substantial development, variance, conditional use permit, or revision authorized under chapter 90.58 RCW; (14) "Public interest" means the interest shared by the citizens of the state or community at large in the affairs of government, or some interest by which their rights or liabilities are affected including, but not limited to, an effect on public property or on health, safety, or general welfare resulting from a use or development; (15) "Structure" means a permanent or temporary edifice or building, or any piece of work artificially built or composed of 'parts joined together in some definite manner, whether installed on, above, or below the surface of the ground or water, except' for vessels; (16) "Transmit" means to send from one person or place to another by mail or hand delivery. The date of transmittal for mailed items is the date that the document is certified for mailing or, for hand - delivered items, is the date of receipt at the destination; (17) "Variance" is a means to grant relief from the specific bulk, dimensional or performance standards set forth in the applicable master program and not a means to vary a use of a shoreline; (18) "Vessel" includes ships, boats, barges, or any other floating craft which are designed and used for navigation and do not interfere with the normal public use of the water; (19) The definitions and concepts set forth in RCW 90.58.030, and chapters 173 -25 and 173 -26 WAC also apply as used in this chapter. NEW SECTION WAC 173 -27 -040 Developments exempt from substantial development permit requirement. (1) Application and . interpretation of exemptions. (a) Exemptions shall be construed narrowly. Only those developments that meet the precise terms of one or more of the listed exemptions may be granted exemption from the substantial development permit process. (b) An exemption from the substantial development permit process is not an exemption from compliance with the act or the local master program, nor from any other regulatory requirements. To be authorized, all uses and developments must be consistent with the policies and provisions of the applicable master program and the Shoreline Management Act. A development or use that is listed as a conditional use pursuant to, the local master program or is an unlisted use, must obtain a conditional use permit even though the development or use does not require a substantial development permit. When a development or use is proposed that does not comply with the bulk, dimensional and performance standards of the master program, such development or use can only be authorized by approval of a variance. (c) The burden of proof that a development or use is. exempt from the permit process is on the applicant. (d) If any part of a proposed development is not eligible for exemption, then a substantial development permit is required for the entire proposed development project. (e) Local government may attach conditions to the approval of exempted developments and /or uses as necessary to assure consistency of the project with the act and the local master program. (2) The following developments shall not require substantial development permits: (a) Any development of which the total cost or fair market value, whichever is higher, does not exceed two thousand five hundred dollars, if such development does not materially interfere with the normal public use of the water or shorelines of the state. For purposes of determining whether or not a permit is required, the total cost or fair market value shall be based on the value of development that is occurring on shorelines of the state as defined in RCW 90.58.030 (2)(c). The total cost or fair market value of the development shall include the fair market value of any donated, contributed or.found labor, equipment or materials; • (b) Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. "Normal maintenance" includes those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. "Normal repair" means to restore a development to a state comparable to its original condition, including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to shoreline resource or environment. Replacement of a structure or development.may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including but not limited to its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to .shoreline resources or environment; (d) Construction of the normal protective bulkhead common to single- family residences. A "normal protective" bulkhead includes those structural and nonstructural developments installed at or near, and parallel to, the ordinary high water mark for the sole .purpose of protecting an existing single - family residence and appurtenant structures from loss or damage by erosion. A normal protective bulkhead is not exempt if constructed for the purpose of creating dry land. When a vertical or near vertical wall is being constructed or reconstructed, not more than one cubic yard of fill per one foot of wall may be used as backfill. When an existing bulkhead is being repaired by construction of a vertical wall fronting the existing wall, it shall be constructed no further waterward of the existing bulkhead than is necessary for construction of new footings. When a bulkhead has deteriorated such that an ordinary high water mark has been established by the presence and action of water landward of the bulkhead then the replacement bulkhead must be located at or near the actual ordinary high water mark. Beach nourishment and bioengineered erosion control projects may be considered a normal protective bulkhead when any structural elements are consistent with the above requirements and when the project has been approved by the department of fish and wildlife. (d) Emergency construction necessary to protect property from damage by the elements. An "emergency" is an unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time too short to allow full compliance with this chapter. Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed by the administrator to be the appropriate means to address the emergency situation, upon abatement of the emergency situation the new structure shall be removed or any permit which would have been required, absent an emergency, pursuant to chapter 90.58 RCW, these regulations, or the local master program, obtained. All emergency construction shall be consistent with the policies of chapter 90.58 RCW and the local master program. As a general matter, flooding or other seasonal events that can be anticipated and may occur but that are not imminent are not an emergency; (e) Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on shorelands, construction of a barn or similar agricultural structure, and the construction and maintenance of irrigation structures including but not limited to head gates, pumping facilities, and irrigation channels: Provided, That a feedlot of any size, all processing plants, other activities of a commercial nature, alteration of the contour of the shorelands by leveling or filling other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and /or grazing, nor shall it include normal livestock wintering operations; (f) Construction or modification, by or under the authority of the Coast Guard or a designated port management authority, of navigational aids such as channel markers and anchor buoys; (g) Construction on shorelands by an owner, lessee or contract purchaser of a single - family residence for their own use or for the use of their family, which residence does not exceed a height of thirty -five feet above average grade level and which meets all requirements of the state agency or local government having jurisdiction thereof. "Single- family residence" means a detached dwelling designed for•and occupied by one family including those structures and developments within a contiguous ownership which are a normal appurtenance. An "appurtenance" is necessarily connected to the use and enjoyment of a single - family residence and is located • landward of the ordinary high water mark and the perimeter of a wetland. On a state -wide basis, normal appurtenances include a garage; deck; driveway; utilities; fences; installation of a septic tank and drainfield and grading which does not exceed two hundred fifty cubic yards and which. does not involve placement of fill in any wetland or waterward of the ordinary high water mark. Local circumstances may dictate additional interpretations of normal appurtenances which shall be set forth and regulated within the applicable master program. Construction authorized under this exemption shall be located landward of the ordinary high water mark; (h) Construction of a dock, including a community dock, designed for pleasure craft only, for the private noncommercial use of the owners, lessee, or contract purchaser of a single - family and multiple - family residences. A dock is a landing and moorage facility for watercraft and does not include recreational decks, storage facilities or other appurtenances. This exception applies if either: (i) In salt waters, the fair market value of the dock does not exceed two thousand five hundred dollars; or (ii) In fresh waters the fair market value of the dock does not exceed ten thousand dollars, but if subsequent construction ;,.,_ - z -z • w 2 U0 CO 0 ww J i- �w . w0 w j. w a = zw � H0 Z 1- w U� •0 v_) ww 1-- U — L. O. w z: U= • • z having a fair market value exceeding two thousand five hundred dollars occurs within five years of completion of the prior construction, the subsequent construction shall be considered a substantial development for the purpose of this chapter. For purposes of this section salt water shall include the tidally influenced marine and estuarine water areas of the state including the Pacific Ocean, Strait of Juan de Fuca, Strait of Georgia and Puget Sound and all bays and inlets • associated with any of the above; ' (i) Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or 'developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored ground water from the irrigation of lands; (j) The marking of property lines or corners on state -owned lands, when such marking does not significantly interfere with normal public use of the surface of the water; (k) Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on June 4, 1975, which were created, developed or utilized primarily as a part of an agricultural drainage or diking system; (1) Any project with a certification from the governor pursuant to chapter 80.50 RCW; (m) Site exploration and investigation activities that are prerequisite to preparation of an application for development authorization under this chapter, if: (i) The activity does not interfere with the normal public use of the surface waters; (ii) The activity will have no significant adverse impact on the environment.including but not limited to fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values; (iii) The activity does not involve the installation of any structure, and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity; (iv) A private entity seeking development authorization under this section first posts a performance bond or provides other evidence of financial responsibility to the local jurisdiction to ensure that the site is restored to preexisting conditions; and (v) The activity is not subject to the permit requirements of RCW 90.58.550; (n) The process of removing or controlling aquatic noxious weeds, as defined in RCW 17.26.020, through the use of an herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the department of agriculture or the department of ecology jointly with other state agencies under chapter 43.21C RCW; (o) Watershed restoration projects as defined herein. Local government shall review the projects for consistency with the shoreline master program in an expeditious manner and shall issue its decision along with any conditions within forty -five days of receiving all materials necessary to review the request for exemption from the applicant. No fee may be charged for accepting and processing requests for exemption for watershed restoration projects as used in this section. (i) "Watershed restoration project" means a public or private project authorized by the sponsor of a watershed restoration plan that implements the plan or a part of the plan and consists of one or more of the following activities: (A) A project that involves less than ten miles of streamreach, in which less than twenty -five cubic yards of sand, gravel, or soil is removed, imported, disturbed or discharged, and in which no existing vegetation is removed except as minimally necessary to facilitate additional plantings; (B) A project for the restoration of an eroded or unstable stream bank . that employs the principles of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or (C) A project primarily. designed to improve fish and wildlife habitat, remove or reduce impediments to migration of fish, or enhance the fishery resource available for use by all of the citizens of the state, provided that any structure, other than a bridge or culvert or instream habitat enhancement structure associated with the project,.is less than two hundred square feet.in floor area and is located above the ordinary high water mark of the stream. (ii) "Watershed restoration plan" means a plan, developed or sponsored by the department of fish and wildlife, the department of ecology, the department of natural resources, the department of transportation, a federally recognized Indian tribe acting within and pursuant to its authority, a city, a county, or a conservation district that provides a general program and implementation measures or actions for the preservation, restoration, re- creation, or enhancement of the natural resources, character, and ecology of a stream, stream segment, drainage area, or watershed for which agency and public review has been conducted pursuant to chapter 43.21C RCW, the State Environmental Policy Act; (p) A public or private project, the primary purpose of which is to improve fish or wildlife habitat or fish passage, when all of the following apply: (i) The project has been approved in writing by the department of fish and wildlife as necessary for the improvement of the habitat or passage and appropriately designed and sited to accomplish the intended purpose; (ii) The project has received hydraulic project approval by the department of fish and wildlife pursuant to chapter 75.20 RCW; and (iii) The local government has determined that the project is consistent with the local shoreline master program. The local government shall make such determination in a timely manner and provide it by letter to the project proponent. (3) Hazardous substance remedial actions. The procedural requirements of chapter 90.58 RCW shall not apply to a project •:'. for which a consent decree, order or agreed order has been issued pursuant to chapter 70.105D RCW or to the department of ecology when it conducts a remedial action under chapter 70.105D RCW. The department shall, in consultation with the appropriate local government, assure that such projects comply with the substantive requirements of chapter 90.58 RCW, chapter 173 -26 WAC and the local master program. NEW SECTION WAC 173 -27 -050 Letter of exemption. Some projects conducted on shorelines of the state also require review and approval by federal agencies. Ecology is designated as• the coordinating agency for the state with regard to permits issued by the U.S. Army Corps of Engineers. The following is intended to facilitate ecology's coordination of local actions, with regard to exempt development, with federal permit review. (1) The local government shall prepare a letter of exemption, addressed to the applicant and the department, whenever a development is determined by a local government to be exempt from the substantial development permit requirements and the development is subject to one or more of the following federal permit requirements: (a) A U.S. Army Corps of Engineers section 10 permit under the Rivers and Harbors Act of 1899; (The provisions of section 10 of the Rivers and Harbors Act generally apply to any project occurring on or over navigable waters. Specific applicability information should be obtained from the Corps of Engineers.) or (b) A section 404 permit under the Federal Water Pollution Control Act of 1972. (The provisions of section 404 of the Federal Water Pollution Control Act generally apply to any project which may involve discharge of dredge or fill material to any water or, wetland area. Specific applicability information should be obtained from the Corps of Engineers.) (2) The letter shall indicate the specific exemption provision from WAC 173 -27 -040 that is being applied to the development and provide a summary of the local government's analysis of the consistency of the project with the master program and the act. (3) Local government may specify other developments not described within subsection (1) of this section as requiring a letter of exemption prior to commencement of the development. z F- w • 00 (/) W J H. W o. Q = 21 w z o. uf 2o U ON. :o I- _. U 1- H: z UN 0 z S NEW SECTION WAC 173 -27 -060 Applicability of chapter 90.58 RCW to federal lands and agencies. The policies and provisions of chapter 90.58 RCW including the permit system shall be applied in the following manner to federal agencies on lands meeting the criteria of the Shoreline Management Act for shorelines of the state. (1) Within the coastal counties. Direct federal agency actions and projects shall be consistent to the maximum extent practicable with the approved Washington state coastal zone management program subject to certain limitations set forth in the Federal Coastal Zone Management Act, 16 U.S.C. 1451 et seq.(CZMA) and regulations adopted pursuant thereto. Other applicable federal law governing the federal agency actions may determine whether the permit system of chapter 90.58 RCW is applicable. The Shoreline Management Act is incorporated into the Washington state coastal zone management plan and, thereby, those direct federal actions occurring on lands subject to the act must be consistent to the maximum practicable extent with the act, regulations adopted pursuant to the act and with the local master program. Local government is in the best position to determine the appropriate procedure for review of federal development activities at the local level while the state must take action on • federal consistency determinations submitted to it. (a) When the department receives a consistency determination for a development proposed by the federal government on land subject to the act, it shall request that local government review the proposal and respond in writing .that the local government: • (i) Cannot make a determination of the consistency of the . project with the master program without reviewing the project in the regular permit process; or (ii) Has reviewed the project for consistency with the local master program without using the permit system. Local government may recommend that the project be approved, approved only under certain specified conditions or denied. (iii) Defers review of the project to the state. (b) Upon receipt of a response from local government that a permit is required to make a determination, the department shall inform the requesting agency of the local government finding and shall indicate that concurrence with the consistency determination cannot be granted until a permit is issued. If the local government chooses to review and make a recommendation without using the permit system it shall so notify the department and submit its recommendation to the department within' thirty days unless a longer period of time is agreed to by the federal agency and the department. If no response is received from local government within thirty days they shall be deemed to have deferred review of the project. (c) Nothing in this section shall be deemed to preclude independent review of the project by the state pursuant to any appropriate authority consistent with the approved coastal zone management plan. .'iii z 00 cn IL J � ' CO U- , w0 • co u- a. =d w zO. w U co., ; 2 V O • u. z U =. 0 z. 1� • 1,dk d v 4. ciM • 1P L 1?‘ /3:" • -,{749. a, 00 /-4-• A`• „ . , .7 .4, • oj:77:,7.71 v JO • J170 1 . • 1i to0 SAW` 1.....)(4- • J •• • J• • 7I•• €.7•• JJ..• AVC- I i /1•01,"53 1.0 ‘ k , tJ 14 yob. \ js c • 7I La S Jp OP 5133.07-L 'MI al (541) REN SP 346-79 A, II. so •g :t4 c, J. tt wr h * LJA csf..• as 4•4 77. T 717 74- HU, 7907169001 535 17 WJ3.ZJ.OfrW TU SP 88-3- SS 1 - 557 •9 ., Cf. 13. 0. I -... -., Ig 4 „1,7 ( .1 1).6 (VF s.t tits b`.1 1 go tr. 341 34 S I -S6 -S4 w 881180199 373 3? . .. 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