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HomeMy WebLinkAboutSWP272264(12) DEPARTMENT OF THE ARMY SEATTLE DISTRICT,CORPS OF ENGINEERS 1 - P.O. BOX 3755 i SEATTLE,WASHINGTON 98124-3755 REPLY TO ATTENTION OF Regulatory Branch 30 1998 Mr. Dan Carey Public Works Department City of Renton , 200 Mill Avenue South Renton, Washington 98055 Reference: 98-4-00406 Renton, City of Dear Mr. Carey: Nationwide Permit (NWP) 27 authorizes the streambank grading, placement of habitat structures such as large boulders and logs, and planting of native vegetation -along the existing Maplewood Creek at the Maplewood Golf Course, Renton, Washington. You must meet specific requirements and conditions. The work would be done as part of construction of the Maplewood Creek Fish Channel project. Excavation of the new low flow channel across the golf course will not require a Department of the Army permit since it will occur in uplands. The regulations which govern our permit program contain a series of NWPs. Each NWP authorizes a specific category of work, provided certain conditions are met. NWP 27 (Federal Register, December 13,1996, Vol. 61, No. 241) authorizes "Wetland and Riparian Restoration and Creation Activities." Refer to enclosure 1 for the entire text of NWP 27. You must comply with the terms of NWP 27 and the NWP conditions (enclosure 2). This project is not authorized in documented habitat for State-listed endangered, threatened or sensitive animal species unless the project is beneficial to those listed species present. Prior to starting work,you must contact the Washington State Department of Ecology to determine whether documented habitat for a State-listed species is present. To check for listed habitat, you should contact: Mr. Tom Luster Washington State Department of Ecology P.O. Box 47600 Olympia, WA 98504-7600 Telephone (360) 407-6918 t -2- If a listed species or documented habitat is present and the project would adversely affect them,this NWP is not valid and you must contact us again to determine permit requirements. This NWP 27 verification will be valid for 2 years from the date of this letter or until it is modified or revoked. If the project meets the enclosed terms and 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 which may pertain to the project. If you have any questions, please contact me at (206) 764-6908. Sincerely, Evan Lewis Project Manager Application Review Section Enclosures (2) NATIONWIDE PERMIT/CORPS SEATTLE DISTRICT/22 FEBRUARY 1997 27. WETLAND AND RIPARIAN RESTORATION AND CREATION ACTIVITIES. Activities in waters of the United States associated with the restoration of former non-tidal wetlands and riparian areas, the enhancement of degraded wetlands and riparian areas, and creation of wetlands and riparian areas; (i) On non-Federal public lands and private lands, in accordance with the terms and conditions of a binding wetland restoration or creation agreement between the landowner and the U.S. Fish and Wildlife Service or the NRCS or voluntary wetland restoration, enhancement, and creation actions documented by the NRCS pursuant to the NRCS regulations; or (ii) On any Federal land; or (iii) On reclaimed surface coal mined lands, in accordance with a Surface Mining Control and Reclamation Act permit issued by the Office of Surface Mining or the applicable state agency. (The future reversion does not apply to wetlands created, restored or enhanced as mitigation for the mining impacts, nor naturally due to hydrologic or topographic features, nor for a.mitigation bank.); or (iv) On any public or private land, provided the permittee notifies the District Engineer in accordance with the "Notification" general condition. Such activities include, but are not limited to: installation and maintenance of small water control structures, dikes, and berms; backfilling of existing drainage ditches; removal of existing drainage structures; construction of small nesting islands; plowing or discing for seed bed preparation; and other related activities. This NWP applies to restoration projects that serve the purpose of restoring "natural" wetland hydrology, vegetation, and function to altered and degraded non-tidal wetlands and "natural" functions of riparian areas. This NWP does not authorize the conversion of natural wetlands to another aquatic use, such as creation of waterfowl impoundments where a forested wetland previously existed. Reversion. For restoration, enhancement and creation projects conducted under paragraphs (ii) and (iv), this NWP does not authorize any future discharge of dredged or fill material associated with the reversion of the area to its prior condition. In such cases a separate permit at that time would be required for any reversion. For restoration, enhancement and creation projects conducted under paragraphs (i) and (iii), this NWP also authorizes any future discharge of dredged or fill material associated with the reversion of the area to its documented prior condition and use (i.e., prior to the restoration, enhancement, or creation activities) within five years after expiration of a limited term wetland restoration or creation agreement or permit, even if the discharge occurs after this NWP expires. The five year reversion limit does not apply to agreements without time NATIONWIDE PERMIT/CORPS SEATTLE DISTRICT/22 FEBRUARY 1997 limits reached under paragraph (i). The prior condition will be documented in the original agreement or permit, and the determination of return to prior conditions will be made by the Federal agency or appropriate State agency executing the agreement or permit. Prior to any reversion activity the permittee or the appropriate Federal or State agency must notify the District Engineer and include the documentation of the prior condition. Once an area has reverted back to its prior physical condition, it will be subject to whatever the Corps regulatory requirements will be at that future date. (Sections 10 and 404) Notification Requirement -- Yes. See National General Condition 13 - Notification, for requirements. Regional Conditions -- 1. Wetland restoration is not authorized in areas falling under the designation of a Federal Superfund site (Comprehensive Environmental Response, Compensation and Liability Act), hazardous waste clean-up site (Resource Conservation and Recovery Act), or State clean-up site (Model Toxics Control Act). 2. Restoration proposed in documented habitat for State-listed endangered, threatened, or sensitive animal species must be beneficial to those listed species present. Puyallup Tribe 401 Certification -- Denied without prejudice. An individual 401 Certification is required for all Section 404 activities. EPA and State 401 Certification -- Partially denied without prejudice. An individual 401 Certification is required for the following: 1. Discharges of dredged or fill material associated with the reversion of a restored wetland to its prior condition and use; or, 2. Impacts to waters of the U.S. adversely affecting more than 113 (one- third) acre. CZM Consistency Response -- Partially denied without prejudice subject to the 401 Certification conditions. An individual CZM Consistency Response must be obtained for projects requiring individual 401 Certification and located within counties in the coastal zone. - 2 EXCERPT FROM CORPS OF ENGINEERS' SPECIAL PUBLIC NOTICE DATED MARCH 5, 1997 NATIONAL CONDITIONS FOR NATIONWIDE PERMITS The following general conditions must be followed in order for any authorization by a NWP to be valid. GENERAL CONDITIONS : 1 . Navigation. No activity may cause more than a minimal adverse effect on navigation. 2 . Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 3 . Erosion and Siltation Controls . Appropriate erosion and siltation controls must be used and maintained in effective I operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date . 4 . Aquatic Life Movements . No activity may substantially disrupt the movement of those species of aquatic life indigenous to the waterbody, including those species which normally migrate through the area, unless the activity' s primary purpose is to impound water. 5 . Equipment . Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance . 6 . Regional and Case-By-Case Conditions . The activity must comply with any regional conditions which may have been added by the Division Engineer (see 33 CFR 330 . 4 (e) ) and with any case specific conditions added by the Corps [Seattle District] or by the state or tribe in its Section 401 water quality certification. 7 . Wild and Scenic Rivers . No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status; unless the appropriate Federal agency, with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely effect the Wild and Scenic River designation, or study status . Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area (e . g. , National Park Service, U. S . Forest Service, Bureau of Land Management, U. S . Fish and Wildlife Service . ) 8 . Tribal Rights . No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights . 9 . Water Quality Certification. In certain states, an individual Section 401 water quality certification must be obtained or waived (see 33 CFR 330 .4 (c) ) . 10 . Coastal Zone Management . In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived (see Section 330 . 4 (d) ) . 11 . Endangered Species . (a) No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, or which is likely to destroy or adversely modify the critical habitat of such species . Non-Federal permittees shall notify the District Engineer if any listed species or critical habitat might be affected or is in the vicinity of the project, and shall not begin work on the activity until notified by the District Engineer that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. (b) Authorization of an activity by a nationwide permit does not authorize the "take" of a threatened or endangered species as defined under the Federal Endangered Species Act . In the absence of separate authorization (e .g. , a Federal Endangered i Species Act Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc . ) from the U. S . Fish and Wildlife Service or the National Marine Fisheries Service, both lethal and non-lethal "takes" of protected species are in violation of the Endangered Species Act . Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S . Fish and Wildlife Service and National Marine Fisheries Service or their world wide web pages at http : //www. fws .gov/-r9endspp/endspp.html and http : //kingfish. ssp .mnfs .gov/tmcirityr/prot_res .html#ES and Recovery, respectively. [NOTE: See Regional General Conditions 6 and 7 for details on regional conditions for threatened and endangered species . ] 12 . Historic Properties . No activity which may affect historic properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the DE District Engineer] has complied with the provisions of 33 CFR Part 325, Appendix C. The prospective permittee must 2 notify the District Engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330 . 4 (g) ) . 13 . Notification. (a) Timing: Where required by the terms of the NWP, the prospective permittee must notify the District Engineer with a Pre-Construction Notification (PCN) as early as possible and shall not begin the activity: (1) Until notified by the District Engineer that the activity may proceed under the NWP with any special conditions imposed by the District or Division Engineer; or, (2) If notified by the District or Division Engineer that an individual permit is required; or, (3) Unless 30 days (or 45 days for NWP 26 only) have passed from the District Engineer' s receipt of the notification and the prospective permittee has not received notice from the District or Division Engineer. Subsequently, the permittee' s right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330 . 5 (d) (2) . (b) Contents of Notification: The notification must be in writing and include the following information : (1) Name, address, and telephone numbers of the prospective permittee; (2) Location of the proposed project; (3) Brief description of the proposed project ; the project' s purpose; direct and indirect adverse environmental effects the project would cause; any other NWP (s) , regional general permit (s) or individual permit (s) used or intended to be used to authorize any part of the proposed project or any related activity; and (4) For NWPs 14 , 18 , 21, 26, 29, 34 , and 38 , the PCN must also include a delineation of affected special aquatic sites, including wetlands (see paragraph 13 . (f) ) ; 3 (5) For NWP 21, Surface Coal Mining Activities, the PCN must include an OSM [Department of the Interior, Office of Surface Mining] or State approved mitigation plan. (6) For NWP 29, Single-Family Housing, the PCN must also include : (i) Any past use of this NWP by the individual permittee and/or the permittee' s spouse; (ii) A statement that the single-family housing activity is for a personal residence of the permittee; (iii) A description of the entire parcel, including its size, and a delineation of wetlands . For the purpose of this NWP, parcels of land measuring 0 . 5 acre or less will not require a formal on-site delineation. However, the applicant shall provide an indication of where the wetlands are and the amount of wetlands that exists on the property. For parcels greater than 0 . 5 acre in size, a formal wetland delineation must be prepared in accordance with the current method required by the Corps . (See paragraph 13 . (f) ) ; E ' (iv) A written description of all land (including, if available, legal descriptions) owned by the prospective permittee and/or the prospective permittee' s spouse, within a one mile radius of the parcel, in any form of ownership (including any land owned as a partner, corporation, joint tenant, co-tenant, or as a tenant-by-the-entirety) and any land on which ' a purchase and sale agreement or other contract for sale or purchase has been executed; (7) For NWP 31, Maintenance of Existing Flood Control Projects, the prospective permittee must either notify the District Engineer with a Pre-Construction Notification (PCN) prior to each maintenance activity or submit a five year (or less) maintenance plan. In addition, the PCN must include all of the following : i (i) Sufficient baseline information so as to identify the approved channel depths and configurations and existing facilities . Minor deviations are authorized, provided that the approved flood control protection or drainage is not increased; (ii) A delineation of any affected special aquatic sites, including wetlands; and (iii) The location of the dredged material disposal site . 4 (8) For NWP 33 , Temporary Construction, Access, and Dewatering, the PCN must also include a restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic resources . (c) Form of Notification: The standard individual permit application form (Form ENG 4345) may be used as the notification but must clearly indicate that it is a PCN and must include all of the information required in (b) (1) - (7) [sic; (8) also] of General Condition 13 . A letter may also be used. [NOTE: The Seattle District Corps also accepts the completed Joint Aquatic Resource Permit Application (DARPA) form as notification. ] (d) District Engineer' s Decision: In reviewing the pre-construction notification for the proposed activity, the District Engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest . The prospective permittee may, optionally, submit a proposed mitigation plan with the pre-construction ` notification to expedite the process and the District Engineer will consider any optional mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects of the proposed work are minimal . If the District Engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects are minimal , the District Engineer will notify the permittee and include any conditions the DE deems necessary. Any mitigation proposal must be approved by the District Engineer j prior to commencing work. If the prospective permittee elects to i submit a mitigation plan, the District Engineer will f expeditiously review the proposed mitigation plan, but will not commence a second 30-day (or 45-day for NWP 26) notification procedure . If the net adverse effects of the project (with the mitigation proposal) are determined by the District Engineer to be minimal , the District Engineer will provide a timely written response to the applicant stating that the project can proceed under the terms and conditions of .the nationwide permit . If the District Engineer determines that the adverse effects of the proposed work are more than minimal, then he will notify the applicant either: (1) That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit ; 5 (2) That the project is authorized under the NWP subject to the applicant' s submitting a mitigation proposal that would reduce the adverse effects to the minimal level ; or (3 ) That the project is authorized under the NWP with specific modifications or conditions . (e) Agency Coordination: The District Engineer will consider any comments from Federal and State agencies concerning the proposed activity' s compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project ' s adverse environmental effects to a minimal level . (i) For NWP 14 , 21, 26 (between 1 and 3 acres of impact) , 29, 33 , 37, and 38 , the District Engineer will, upon receipt of a notification, 'provide immediately, e .g. , facsimile transmission, overnight mail or other expeditious manner, a copy to the appropriate offices of the Fish and Wildlife Service, State natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO) , and, if appropriate, the National Marine Fisheries Service . With the exception of NWP 37, these agencies will then have 5 calendar days from the date the material is transmitted to telephone or fax the District Engineer notice that they intend to provide substantive, site-specific comments . If so contacted by an agency, the District Engineer will wait an additional 10 calendar days (16 calendar days for NWP 26 PCNs) before making a decision on the notification. The District Engineer will fully consider agency comments received within the specified time frame, but will provide no response to the resource agency. The District Engineer will indicate in the administrative record associated with each notification that the resource agencies' concerns were considered. Applicants are encouraged to provide the Corps multiple copies of notifications to expedite agency notification. [NOTE: The Corps Seattle District requests one copy. ] (ii) Optional Agency Coordination. For NWPs 5, 7, 12 , 13 , 17, 18 , 27, 31, and 34 , where a Regional Administrator of EPA, a Regional Director of USFWS, or a Regional Director of NMFS has formally requested general notification from the District Engineer for the activities covered by any of these NWPs, the Corps will provide the requesting agency with notification on the particular NWPs . However, where the agencies have a record of not generally submitting substantive comments on activities covered by any of these NWPs, the Corps district may discontinue providing notification to those regional agency offices . The District Engineer will coordinate with the resources agencies to identify which activities involving a PCN that the agencies will provide substantive comments to the Corps . The District Engineer may also request comments from the agencies on a case by case basis when the District Engineer determines that such comments 6 would assist the Corps in reaching a decision whether effects are more than minimal either individually or cumulatively. (iii) Optional Agency Coordination, 401 Denial . For NWP 26 only, where the state has denied its 401 water quality certification for activities with less than 1 acre of wetland impact, the EPA regional administrator may request agency coordination of PCNs between 1/3 and 1 acre . The request may only include acreage limitations within the 1/3 to 1 acre range for which the state has denied water quality certification. In cases where the EPA has requested coordination of projects as described here, the Corps will forward the PCN to EPA only. The PCN will then be forwarded to the Fish and Wildlife Service and the National Marine Fisheries Service by EPA under agreements among those agencies . Any agency receiving the PCN will be bound by the EPA timeframes for providing comments to the Corps . (f) Wetlands Delineations : wetland delineations must be prepared in accordance with the current method required by the Corps . For NWP 29 see paragraph (b) (6) (iii) for parcels less than 0 . 5 acres in size . The permittee may ask the Corps to delineate the special aquatic site . There may be some delay if the Corps does the delineation. Furthermore, the 30-day period (45 days for NWP 26) will not start until the wetland delineation has been completed and submitted to the Corps, where appropriate . i (g) Mitigation: Factors that the District Engineer will consider when determining the acceptability of appropriate and practicable mitigation include, but are not limited to : (i) To be practicable, the mitigation must be available and capable of being done considering costs, existing technology, and logistics in light of the overall project purposes ; (ii) To the extent appropriate, permittees should consider mitigation banking and other forms of mitigation including contributions to wetland trust funds, "in lieu fees" to organizations such as The Nature Conservancy, state or county natural resource management agencies, where such fees contribute to the restoration, creation, replacement , enhancement, or preservation of wetlands . Furthermore, examples of mitigation that may be appropriate and practicable include but are not limited to : o Reducing the size of the project ; o Establishing wetland or upland buffer zones to protect aquatic resource values; and 7 o Replacing the loss of aquatic resource values by creating, restoring, and enhancing similar functions and values . In addition, mitigation must address wetland impacts, such as functions and values, and cannot be simply used to offset the acreage of wetland losses that would occur in order to meet the acreage limits of some of the NWPs (e .g. , for NWP 26 , 5 acres of wetlands cannot be created to change a 6-acre loss of wetlands to a 1 acre loss; however, 2 created acres can be used to reduce the impacts of a 3-acre loss) . 14 . Compliance Certification. Every permittee who has received a Nationwide permit verification from the Corps will submit a signed certification regarding the completed work and any required mitigation. The certification will be forwarded by the Corps with the authorization letter and will include : a. A statement that the authorized work was done in accordance with the Corps authorization, including any general or specific conditions; b. A statement that any required mitigation was completed in accordance with the permit conditions; C . The signature of the permittee certifying the completion of the work and mitigation. 15 . Multiple Use of Nationwide Permits . In any case where any NWP number 12 through 40 is combined with any other NWP number 12 through 40, as part of a single and complete project, the permittee must notify the District Engineer in accordance with paragraphs a, b, and c on the "Notification" General Condition number 13 . Any NWP number 1 through 11 may be combined with any other NWP without notification to the Corps, unless notification is otherwise required by the terms of the NWPs . As provided at 33 CFR 330 . 6 (c) two or more different NWPs can be combined to authorize a single and complete project . However, the same NWP cannot be used more than once for a single and complete project . NATIONAL CONDITIONS FOR NATIONWIDE PERMITS SECTION 404 ONLY CONDITIONS : In addition to the General Conditions, the following conditions apply only to activities that involve the discharge of dredged or 8 • fill material into waters of the U. S . , and must be followed in order for authorization by the NWPs to be valid: 1 . Water Supply Intakes . No discharge of dredged or fill material may occur in the proximity of a public water supply intake except where the discharge is for repair of the public water supply intake structures or adjacent bank stabilization. 2 . Shellfish Production. No discharge of dredged or fill material may occur in areas of concentrated shellfish production, unless the discharge is directly related to a shellfish harvesting activity authorized by NWP 4 . 3 . Suitable Material . No discharge of dredged or fill material may consist of unsuitable material (e .g. , trash, debris, car bodies, asphalt, etc . , ) and material discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act) . 4 . Mitigation. Discharges of dredged or fill material into waters of the United States must be minimized or avoided to the maximum extent practicable at the project site (i . e . , on-site) , unless the District Engineer approves a compensation plan that the District Engineer determines is more beneficial to the environment than on-site minimization or avoidance measures . i 5 . Spawning Areas . Discharges in spawning areas during spawning seasons must be avoided to the maximum extent j practicable . 6 . Obstruction of High Flows . To the maximum extent practicable, discharges must not permanently restrict or impede the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to impound waters) . 7 . Adverse Effects from Impoundments . If the discharge creates an impoundment of water, adverse effects on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maximum extent practicable . 8 . Waterfowl Breeding Areas . Discharges into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable . 9 . Removal of Temporary Fills . Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. 9 REGIONAL GENERAL CONDITIONS FOR NATIONWIDE PERMITS These conditions must be met for all projects authorized under NWPs in the State . 1 . Mitigation or Restoration. Any activity or work authorized under these NWPs shall not adversely impact previously required Federal or State mitigation or restoration efforts . 2 . Bog Systems . The use of NWPs is specifically prohibited in bog systems (as defined in the appendix of this public notice) , except for projects provided coverage under NWP 34 - - Cranberry Production Activities . 3 . Revegetation. Upon completion of the work in a wetland area, the site shall be replanted with native wetland vegetation during the next appropriate planting season. The applicant shall take appropriate measures to ensure revegetation success, as defined below. The removal or destruction of existing shoreline (marine) or riparian (freshwater) vegetation shall be held to the absolute minimum needed for construction. Immediately following construction, shorelines or riparian zones affected by construction shall be replanted with native vegetation. The applicant shall take appropriate measures to ensure the success of the revegetation effort . Success is defined as 80 percent of the planted area being covered with native species 5 years after construction is completed. If the percent of cover of native species does not equal or exceed 80 percent at the end of this 5-year period, remedial measures (e .g. , replanting, soil amendments, additional monitoring, etc . ) may be required until success is achieved. Measures such as hydroseeding with annual or non-invasive grasses or groundcovers may be used for temporary erosion control . 4 . National Wild and Scenic Rivers and Study Areas . The State and the EPA have denied 401 Certification for all proposed projects in National Wild and Scenic River and Study areas . An individual 401 Certification must be obtained for all projects in these areas, which currently include reaches of the following : the Klickitat, Skagit, Sauk, Suiattle, and White Salmon Rivers, and the Hanford Reach of the Columbia River. 10 t S . Commencement Bay. An individual permit is required for activities in the Commencement Bay Study Area (CBSA) previously authorized by the following NWPs : NWP 13 -- Bank Stabilization. NWP 14 -- Road Crossing. NWP 23 -- Approved categorical exclusions . NWP 26 -- Headwaters and Isolated Waters Discharges . All other NWPs are still applicable within the CBSA. The CBSA is located near the southern end of Puget Sound' s main basin at Tacoma, Pierce County, Washington. The CBSA extends from Brown' s Point around the bay to Point Defiance and includes the commercial waterways, wetlands, and any other jurisdictional waters . From Point Defiance, the line runs southeast to State Route 7 (Pacific Avenue) , then south to the centerline of I-5 ; then east (northbound lanes) along I-5 to the Puyallup River. The boundary extends 200 feet on either side of the Puyallup River southeast to the Clark Creek Road (Melroy) Bridge . From the Puyallup River, the boundary extends east along I-5 to 70th Avenue East . The line then returns to Brown' s Point to the northwest, following the 100-foot contour elevation above sea level located east of Hylebos Creek and Marine View Drive . 6 . Prohibited Work Times for Fish Protection. For compliance with National General Condition 11, in-water construction activities are prohibited to protect three species of salmon listed as threatened and endangered under the Endangered Species Act as follows : r Columbia River Mouth to Bonneville Dam March 1 - October 30 Bonneville Dam to John Day Dam March 15 - November 15 Upstream of John Day Dam April 1 - November 30 Snake River Mouth to Hells Canyon Dam (ID) March 1 - December 15 Exceptions to these prohibited work times can be made by request to the Corps and approved by the NMFS . Until specific timing restrictions are developed to protect salmonids and other fish species of concern in other river systems, please refer to the timing restrictions in the HPA for the project . Work outside the HPA timing restrictions must specifically be approved by the WDFW and the NMFS for waters with anadromous species or the WDFW and the USFWS for waters with resident species of fish. 11 7 . Prohibited Work Times for Bald Eagle Protection. For compliance with National General Condition 11, the following construction activity prohibitions apply to protect bald eagles, listed as threatened under the Endangered Species Act : a . No construction activity authorized under a NWP shall occur within 1/4 mile of an occupied bald eagle nest, nocturnal roost site, or wintering concentration area, within the following seasonal work prohibition times . b. No construction activity authorized under a NWP shall occur within 1/2 mile BY LINE OF SIGHT of an occupied bald eagle nest or nocturnal roost site, within the following seasonal work prohibition times . Work prohibition times : Bald eagle nesting occurs between January 1 and August 15 each year. Bald eagles are found at wintering areas between November 1 and March 31 each year. Exceptions to these prohibited work times can be made by request to the Corps and approved by the U. S . Fish and Wildlife Service (USFWS) . Contact the USFWS to determine if a bald eagle nest, nocturnal roost, or wintering concentration. occurs near your proposed project : West of Cascades, Olympia Office - (360) 753-9440 East of Cascades, Moses Lake - (509) 765-6125, or Spokane - (509) 891-6839 Mainstem of the Columbia River downstream from McNary Dam - (503) 231-6179 C:NWPSPN97 .ERT 12 CERTIFICATE OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number: 98-4-00406 Name of Permittee : RENTON, CITY OF Date of Issuance : IV'"" Upon completion of the activity authorized by this permit, sign this certification and return it to the following address : Department of the Army U. S . Army Corps of Engineers Seattle District, Regulatory Branch Post Office Box 3755 Seattle Washington 98125-3755 4 Please note that your permitted activity is subject to a compliance inspection by a U.S . Army Corps of Engineers, representative . If you fail to comply with your authorization, your project is subject to suspension, modification, or revocation. t The work authorized b the above referenced y permit has been completed in accordance with the terms and conditions of your permit. The mitigation required (not including monitoring) by the 1 above referenced permit has been completed in accordance with the terms and conditions of your permit. Signature of Permittee 11 February 1997 CLM7; B : CERTCOMP . 97 --loonow— cz �- CITY OF RENTON rLL Planning/Building/Public Works Department J e Tanner,Mayor Gregg Zimmerman P.E.,Administrator 3 4r✓.h N,> Q� / � ♦�y%tt�onc /✓N nr 2 wof 4'r. February 18, 1998 Evan Lewis Department of the Army Seattle District, Corps of Engineers P.O. Box 3755 Seattle, WA 98124-2255 Subject: Request For Nationwide Permit 27 Maplewood Creek Fish Channel Project Dear Mr. Lewis- This letter is to request your review and approval of a Nationwide Permit 27 for the construction of the Maplewood Creek Fish Channel, or renewal and modification of our existing Nationwide Permit 26, whichever is applicable. The Fish Channel Project is the second part the Maplewood Creek Sedimentation Basin Reconstruction and Improvement Project which received a Nationwide Permit 26 on May 23, 1996 (Reference #96-4-00169 Renton, City of). Construction of the new sedimentation basin was started in September 1996 and completed in October 1997. During that time, the City determined that it needed to revise the proposed fish channel design due to a property rights issue. The purpose of the revision is to keep the creek in its' existing bed next to the adjacent property owner's property, and split the creek on the golf course to direct flow to the future fish channel. The revised design is shown on the attached revised Site Plan. I have also included the Site Plan and Landscape Plan sheets from the original JARPA submittal for comparison and reference. Fish Channel Revisions The proposed fish ladder will be constructed on the south side of the new sediment basin, instead of the west side as originally proposed. Flow from the fish ladder will be directed into the existing creek bed east of the old clubhouse and parking lot. The existing creek bed will be used to convey both the low flow 200 Mill Avenue South - Renton, Washington 98055 9 This paper contains 50%recycled material,20%post consumer f Evan Lewis,Washington Department of Fish and Wildlife Maplewood Creek Fish Channel Project Page 2 and high flow for approximately 350 feet, from the new sediment basin to a new diversion structure located on the golf course. At the new diversion structure low flow will be directed into a new fish channel that will run across the golf course to connect to the WSDOT fish ladder under SR 169. High flow will be directed into the existing creek bed which connects to the existing 72-inch culvert on the south side of SR 169, and discharges to the Cedar River. The elements of work waterward of the OHWL (ordinary high water line) consist of work in the existing creek bed for approximately 430 feet. Starting at the new sediment basin and moving downstream, the bottom of the existing creek bed may be widened by about 2 to 4 feet and the sideslope may be regraded to 2 to 1 (horizontal to vertical, similar to Landscape Plan, Section A). Instream habitat structures such as large boulders and log deflectors will be added at selected locations. The stream banks will be replanted with native vegetation. Riprap protection may be added at the approaches to the existing bridge. The general slope of the creek bed will not be changed. The new diversion structure will be constructed by excavating in the golf course and existing creek channel to form a new channel to connect to the low flow fish channel. The diversion structure will include a concrete control weir and an overflow weir. The weirs will be designed to provide the same flow distribution to the fish channel as the inlet structures in the new sediment basin. The area around the diversion structure will be reinforced with riprap to prevent erosion and will be replanted with native vegetation. Work in the existing creek 'bed, including the diversion structure, will mainly consist of excavation and regrading. A preliminary estimate is that between 280 to 350 cubic yards of material may be removed to widen the creek. The majority of the material will be removed from the creek sides. During construction the contractor will have to divert the creek flow around the construction area. The diversion will probably be done by constructing a temporary dam at the start of the project below the new sediment basin, and diverting the creek into a temporary diversion pipe placed alongside the existing creek bed. The contractor may also use a pump to divert the creek around the working area. When construction is completed the temporary dam and pipe will be removed, and flow to the existing creek channel will be restored. ti Evan Lewis, Washington Department of Fish and Wildlife Maplewood Creek Fish Channel Project Page 3 Anticipated Schedule The City has started to revise the fish channel design as described above. The revised design is scheduled to be completed in May 1998 and the project advertised for bids. Construction is expected to occur from June through September 1998. 1 hope this provides you with the information you need to process our permit request. If you need any additional information or have any questions, please call me at 425-277-6193. Sincerely, Daniel Carey, P.E., Project Manager Surface Water Utility H:DOCS:98-131:DWC:ps Attachments: Maplewood Creek Site Plan-Revised, 2/16/98 Maplewood Creek Site Plan, 1/4/96(submitted for SEPA/JARPA) Maplewood Creek Landscaping Plan, 1/4/96 (submitted for SEPA/JARPA) CC: Ron Straka Dana Postlewaite HYDRAULIC PROJECT APPROVAL R.C.W. 75 . 20 . 100 0 F a R.C.W. 7 5 .2 0. 10 3 e 0_ November 14, 1997 _ ltewi- -0 DEPARTMENT OF FISHERIES (applicant should refer to this date in all correspondence) PAGE 1 OF S PAGES 10 LAST NAME FIRST 18 CONTACT PHONE(S) CONTROL NUMBER Renton Surface Water Utility (206) 277-6193 1 00-C3239-04 19 STREET OR RURAL ROUTE FTI ® ] WRIA 200 Mill Ave S ATTN: Dan Carey 08. 0302 CITY STATE ZIP 14 17 Renton WA 98055 RIWATER TRIBUTARY TO , li1 TYPE OF PROJECT Maplewood Creek _ Cedar River Sediment Basin and 13 UARTER SECTION TOWNSHIP RANGE(E-W) COUNTY SECTION 21/22 23N 05E King Fish Channel ————————————————————————————— ——————— --—— TIME LIMITATIONS: JL5J THIS PROJECT MAY BEGIN 6 AND MUST BE COMPLETED BY Immediately-Pry 4 Oct. 31, 2002-Pry 4 THIS APPROVAL IS TO BE AVAILABLE ON THE JOB SITE AT ALL TIMES AND ITS PROVISIONS FOLLOWED BY THE PERMITTEE AND OPERATOR PERFORMING THE WORK. SEE IMPORTANT GENERAL PROVISIONS ON REVERSE SIDE OF APPROVAL NOTE: The agency logo, address, and pphone number at the top of this Hydraulic Project Ap roval (HPA) are incorrect. The of address is: Washin on Department of Fish and Wildlife (WDFW) 600 Capitol Way Nor�h, Olympia, WA 98501-1091. An yy comments or questions on this specific HPA should be directed to the Area Habitat Biologist identified at the bottom of the HPA. This HPA is a modification of the on inal HPA issued on June 261 1996 and last modified November 1, 1996. It is in response to a written reqquest by Daniel Carey of the Cityy of Renton on November 12 , 1997 . It supersedes all previous HPAs and modifications for this project. s 1. NOTIFICATION REQUIREMENT: The permittee or contractor shall notify the Area Habitat Biologist listed below, by FAX at (206j 391-6583 , or mail at WDFW, Office Park, Suite 240, Bldg E, 22 16 E 64th Place, Issaquah, WA 98027 , of the roject start date. Notification shall be received b the Area Habi at Biologist at least three working days prior to the start of construction activities. The notificatibn shall include the permittee ' s name, project location, starting date for work, and the control number or this HPA. The Area Habitat Biologist s f hall also be contacted, at (206) 392-9159 within seven days of completion of work to arrange or compliance inspection. lVp 4 SEPA: DNS by City of Renton, March 19 , 1996 1 � 1997 U REGIONAL HABITAT MANAGER - Phil Schneider (425) 391-4365 CI]'y 0' PATROL - Boone 030 [P1] n,; 00r RF,tiT�� APPLICANT - WILDLIFE - READER - PATROL - HAB. MGR. - WRIA �n DEPARTMENT OF FISHERIES DIRECTOR WASHINGTON DEPARTMENT OF FISH AND WILDLIFE ! 600 CAPITOL WAY NORTH OLYMPIA,WASHINGTON 98501-1091 . (360)902 25U This Hydraulic Project Approval pertains only to the provisions of the Fisheries Code (RCW 75.20). Additional authorization from other public avencies may be necessary for this project GENERAL PROVISIONS This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the permittee and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s)to whom this Hydraulic Project Approval is issued may be held liablefor any loss or damage to fish life or fish habitat which results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 75.20.100 or 7520.160 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All Hydraulic Project Approvals issued pursuant to.RCW 7520.103 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the permittee: PROVIDED HOWEVER,that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 75.20.130. APPEALS -GENERAL INFORMATION IF YOU WISH TO APPEAL A DENIAL OF OR CONDITIONS PROVIDED IN A HYDRAULIC PROJECT APPROVAL,THERE ARE INFORMAL AND FORMAL APPEAL PROCESSES AVALABLE- A. INFORMAL APPEALS(WAC 2206110di0) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 7&W.100, 7520.103, 75.20.106, AND 75.20.160. A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; or (B) An order imposing civil penaltim it is recorrrnended that an aggrieved party contact the Area Habitat Biologist and discuss the concerns. Most problems are resolved at this level, but if not, you nmsy ale woe 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 Hydraulic Project Approval 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 hisRmcr supervisor. The Habitat Protection Services Division Manager or his/her designee shall conduct a review and re:conrrmend 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 fled. S. FORMAL APPEALS(WAC 220.110"Tb0) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75 20.100 OR 75.20.106: 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 Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; (B) An order imposing civil penafties; or (C) Any other "agency action" for which an adjudicative proceeding is required under the Administrative Procedure Act,Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and WddI fe, 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 Departments written decision in response to the informal appeal. C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75 20.103 or 75.20.160: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or Provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeats Board per WAC 2594)4 at Environmental Hearings Office,4224 Sixth Avenue SE,Building Two- Rowe Six,Lacey, Washington 98504; telephone 360/4594327. D. FAILURE TO APPEAL 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. HYDRAULIC PROJECT q APPROVAL R.C.W. 7 5 .2 0 . 10 0 Gomm! Aekinis%pazisiq -6"* R.C.W. 7 5 .2 0. 10 3 4❑ November 14, 1997 1�41-z53=6650 DEPARTMENT OF FISHERIES (applicant should refer to this date in all correspondence) PAGE ZOF V PAGES 10 LAST NAME 18 CONTACT PHONE(S) 1 CONTROL NUMBER Renton Surface Water Utility (206) 277-6193 00-C3239-04 12 �WATEIZ4ap1eWOOd Creek 9 WRIA 08. 0302 2 . Work shall be s entitled "MAPLEWOOD CREEK cSEDIMENTIONe BASIN nRECONSTRUCTION s and aAND nIMPROVEMEN� PROJECT, " and "MAPLEWOOD CREEK FISH CHANNEL PROJECT " each dated June 6, 1996 and plans and narative entitled "APPRO�AL FOR BANK REPAIR-MAPLEWOOD CREEK SEDIMENT BASIN PROJECT" dated November 6, 1997, all submitted to WDFW or per revised plans as approved by WDFW, except . as modified by this HPA. These plans reflect design criteria per Chapter 220-110 WAC. A copy of these plans shall be available on site during construction. 3 . The followin revisions shall be incorporated into the project plans prior L the bid opening: a) The addition of a second 42-inch outlet pipe from the sediment pond in case the fish ladder location needs to be changed. b) Boulders to be placed in the stream channel upstream of the sediment pond shall be clustered, rather than being placed straight across the channel, and spaced 20 to 25, rather than 15, feet apart; c) Any woody debris (12 inches diameter or larger) found within or adjacent to the stream channel upstream of the sediment pond shall be incorporated into the channel within the ordinary high water line (OHWL) for habitat. 4 . ADDITIONAL TIMIMG LIMITATIONS: Construction within the OHWL shall occur between: a) Immediately and December 1, 1997, and b) May 16 and October 31 of calendar years 1997-2002 . Construction of the fish channel may occur at any time within the above overall time limitation. Revegetation per Provision 13 shall be completed by June 26, 2006. 5. A temporary,by- ass to divert flow around the work area shall be in place prior to -initiation of other work in the wetted perimeter. 6. A sandbag revetment or similar device shall be installed at the by-pass inlet to divert the entire flow through the by-pass. 7 . A sandbag revetment or similar device shall be installed at the downstream end of the bypass to prevent backwater from entering the work area. REV 10/16/88 WASHINGTON DEPARTMENT OF FISH AND WiLDUFE ' 600 CAPITOL WAY NORTH OLYMPIA,WASHINGTON 98501-1091 (360)902-25U This Hydraulic Project Approval pertains only to the provisions of the Fisheries Code (RCW 75.20). Additional authorization from other public acencies may be necessary for this project GENERAL PROVISIONS This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the permittee and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s)to whom this Hydraulic Project Approval is issued may be held liablefor any loss or damage to fish life or fish habitat which results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 75.20.100 or 75.20.160 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All Hydraulic Project Approvals issued pursuant to.RCW 7520.103 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the permittee: PROVIDED HOWEVER,that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 75.20.130. APPEALS -GENERAL INFORMATION IF YOU WISH TO APPEAL A DENIAL OF OR CONDRiONS PROVIDED IN A HYDRAULIC PROJECT APPROVAL,THERE ARE INFORMAL AND FORMAL APPEAL PROCESSES AVAILABLE- A. AYFORMAL APPEALS(WAC 220.11&W) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20.100, 7520.103, 75.20.106, AND 75.20.160. A person who is aggrieved or adversely affected by the following Department actions may request an infornnal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; or (B) An order imposing civil penalties- 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 e*vAe your concerns to his/her supervisor. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wild16fe,600 Capitol Way North, Olyrnpia, Washington 98501-1091 and shall be RECEIVED by the Departrnent within 30days of the denial or issuance of a Hydraulic Project Approval or receipt of an order imposing civil penalties. The 30-day time requirernermt may be stayed by the Depar n ent if negotiations are occurring between the aggrieved party and the Area Habitat Biologist andlor his/her supervisor. The Habitat Protection Services Division Manager or his/her designee shall conduct a review and r=onww!nd a decision to Ga Dbmrcior 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 isM OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20.100 OR 7620.106. 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 Hydradic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; (B) An order imposing civil penalties; or (C) Any other "agency action" for which an adjudicative proceeding is required under the Administrative Procedure Act,Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Departinent 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 tirne period for requesting a fernl 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 30slays of the date of the Department's written decision in response to the informal appeal. C. FORMAL APPEALS OF DEPARTMENT AC7IONS TAKEN PURSUANT TO RCW 7520.103 or 75.20.160: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or Provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office,4224 Sixth Avenue SE,Building Two - Rowe Six,Lacey, Washington 98504; telephone 360/4S9-0327. D. FAILURE TO APPEAL 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. HYDRAULIC PROJECT APPROVAL .,? R.C.W. 7 5 . 2 0 . 10 0 REPAR+MEN* OF R.C.W. 7 5 .2 0. 10 3 96564 Q November 14 , 1997 424"..7r>z. 6 0 DEPARTMENT OF FISHERIES (applicant should refer to this date in all correspondence) PAGES OF 57 PAGES 10 LAST NAME 18 CONTACT PHONE(S) 1 CONTROL NUMBER Renton Surface Water Utility (206) 277-6193 00-C3239-04 12 NATERKaplewood Creek KWRIA 08. 0302 8. The by-pass shall be of sufficient size to pass all flows and debris for the duration of the project. 9 . Prior to releasing the water flow to the project area, all bank protection or armoring shall be completed. 10. Upon completion of the project all material used in the temporary by-pass shall be removed from the site, and the site shall be returned to preproject or improved conditions. 11. The permittee shall capture and safely move game fish, food fish, and other fish life from the job site. The permittee shall have fish capture and transportation equipment read and on the job site. Captured fish shall be immediately and safely transferred to free- flowin water downstream of the project site. The permittee may request WDFW assist in capturing and safely moving fish life from the job site to free-flowing water, and assistance may be granted if personnel are available. 12 . Materials used for woody habitat features in the "fish channel" shall be western red cedar or Douglas fir. 13 . Alteration or disturbance of the bank and bank ve etation shall be limited to that necessary to construct the pro ect. Within seven calendar days of project completion and prior �o the initial filling of the pond, all disturbed areas shall be protected from erosion using vegetation or other means. Within one year of project com- pletion, the banks shall be revegetated with plant species at the locations as shown on the approved plans (Provision ) . All plantings shall be maintained as necessary for three years to ensure $0 percent survival. 14 . The pond shall be constructed and maintained so the water temperatures at the outlet are not siginficantly higher than the temperature of the inflowing water. 15. Placement of bank protection material waterward of the OHWL shall be restricted to the minimum amount necessary to protect the toe of the bank or for installation of mitigation features approved by WDFW. 16. The toe shall be installed to protect the integrity of bank protection material. 17. 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. REV 10/16/88 WASHINGTON DEPARTMENT OF FISH AND WILDUFE 600 CAPITOL WAY NORTH OLYMPiA,WASHINGTON 98501-1091 (360)902-25U This Hydraulic Projcect Approval pertains only to the provisions of the Fisheries Code(RCW 75.20). Additional authorization from other public aoencies may be necessary for this project GENERAL PROVISIONS This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the permittee and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s)to whom this Hydraulic Project Approval 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 Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 7520.100 or 75.20.160 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All Hydraulic Project Approvals issued pursuant to.RCW 75.20.103 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the permittee: PROVIDED HOWEVER,that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 75.20.130. APPEALS -GENERAL INFORMATION IF YOU WISH TO APPEAL A DENIAL OF OR CONDITIONS PROVIDED W A HYDRAULIC PROJECT APPROVAL,THERE ARE INFORMAL AND FORMAL APPEAL PROCESSES AVAILABLE. A. INFORMAL APPEALS(WAC 220.11&W) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 7520.100, 75 20.103, 75 20.106, AND 7520.160. A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; or (B) An order imposing civil penalties. 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 tuOw supervisor. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildlife,600 Capitol Way North, Olympia,Washington 985014091 and shall be RECEIVED by the Department within 30-days of the denial or issuance of a Hydraulic Project Approval or receipt of an order imposing civil penalties. The 30-day time requirement may be stayed by the Department if negotiations are ocatrring 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 infomal appeal, a foetal appeal may be filed. B. FORMAL APPEALS(WAC 220-110560) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20.100 OR 75.20.100. A person who is aggrieved or adversely affected by the following Department actions may request an foetal review of: (A) The denial or issuance of a Hydraulic Project Approvat, or the conditions or provisions made part of a Hydraulic Project Approval; (B) An order i nposing civil penalties; or (C) Any other"agency action" for which an adjudicative proceeding is required under the Administrative Procedure Act,Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Depafftnent of Fish and Wildlife, 600 Capitol Way North, Olympia, Washington 985014091, shall be plainly labeled as'REQUEST FOR FORMAL APPEAL"and shalt be RECEIVED DURING OFFICE HOURS by the Department within 30-days of the Department action that is being challenged. The tine period for requesting a fanral appeal is suspended during consideration of a timely informal appeal. if there has been an informal appeal, the deadline for requesting a foetal appeal stall be within 30-days of the date of the DeparbnerWs written decision in response to the informal appeal. C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75-M.103 or 75.20.160: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a foetal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 2594M at Environmental Hearings Office,4224 Suith Avenue SE,Building Two - Rowe Six,Lacey, Washington 98504; telephone 360/459-6327. D. FAILURE TO APPEAL 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 UNAPPEAL ABLE. ti HYDRAULIC PROJECT APPROVAL R.C.W. 7 5 . 2 0 . 10 0 R.C.W. 7 5 .2 0. 10 3 01y pis, Q November 14 , 1997 DEPARTMENT OF FISHERIES (applicant should refer tothis date in all correspondence) l PAGE4 OF 'i PAGES 10 LAST NAME 18 CONTACT PHONE(S) 1 CONTROL NUMBER Renton Surface Water Utility (206) 277-6193 00-C3239-04 12 WATERMaplewood Creek F91WRIA 08 . 0302 18 . Bank protection material shall be clean, angular rock and shall be i:�sta-led to Withstand 100-year peak flows. River gravels or other round cobbles shall not be used as exterior armor. 19 . Fish habitat components such as togs stumps, and/or large boulders are required as part of the proect �o mitigate project impacts. These fish habitat components shall be installed to withstand 100-year peak flows. 20. All work operations shall be conducted in a manner that causes little or no siltation to downstream areas. 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 a�(206) 649-7000 shall be contacted immediately. Work shall no resume until further approval is given by WDFW. 21. Wastewater from project activities and water removed from within the work area shall be routed to an area landward of the OHWL to allow removal of fine sediment and other contaminants prior to being discharged to the stream. 22 . 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, temporary sediment ponds, check dams of pea gravel-filled burlap bags or other material, and/or immediate mulching of exposed areas. 23 . All waste material such as construction debris silt, excess dirt, or overburden resultin from this project shall be deposited above the limits of flood wa er in an approved upland disposal site. 24 . Extreme care shall be taken to ensure that no 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 stream. 25. A facility operation and maintenance manual shall be approved b WDFW pprior to any maintenance of the sediment pond. Recommendation will be made to issue a three year maintenance HPA upon approval of the manual. Maintenance activities after this 3-year period will be considered under separate Hydraulic Project Application, pending progress on construction of the fish channel. Such maintenance shall include work necessary to pprovide continuous, unimppeded fish passage as required by sections 75. 20. 060 and 77. 16. 210 RCW. Costs associated with maintaining fish passage shall be the responsibility of the owner(s) . REV 10/16/88 WASHINGTON DEPARTMENT OF FISH AND WILDLIFE r 600 CAPITOL WAY NORTH OLYMPIA,WASHINGTON 98501-1091 ` . (360)902-2534 This Hydraulic Project Approval pertains only to the provisions of the Fisheries Code (RCW 75.20). Additional authorization from other public agencies may be necessary for this project GENERAL PROVISIONS This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the permittee and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s)to whom this Hydraulic Project Approval is issued may be held liablefor any loss or damage to fish life or fish habitat which results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 7520.100 or 75.20.160 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All Hydraulic Project Approvals issued pursuant to.RCW 7520.103 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the permittee: PROVIDED HOWEVER,that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 75.20.130. APPEALS -GENERAL INFORMATION 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 220.1104 0) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 7520.100, 76 20.103, 75.20.106, AND 7520.160. A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; or (B) An order Ong civil penalties. It is recorrnended 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 WRRiNG 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 Hydraulic Project Approval 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 fomal appeal may be filed. S. FORMAL APPEALS(WAC 220-11&4W OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20.100 OR 75.20.106. A person who is aggrieved or adversely atfectsd by the following Department actions may request an formal review of, (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; (B) An order imposing civil penalties; or (C) Any other 'agency action' for which an adjudicative proceeding is required under the Administrative Procedure Act,Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Departrnent of Fish and Wildlife, 600 Capitol Way North, Olympia, Washington 98S01-1091, 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 fomal appeal is suspended during consideration of a timely infornal 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 Departments written decision in response to the informal appeal. C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75 20.103 or 75.20.160: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259.04 at Environmental Hearings Office,4224 Sixth Avenue SE,Building Two- Rowe Six,Lacey, Washington 99504; telephone 360/4S9.4;327. D. FAILURE TO APPEAL 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. HYDRAULIC PROJECT APPROVAL R.C.W. 7 5 .2 0 . 10 0 R.C.W. 7 5 .2 0. 10 3 eiy via, Was! 4❑ November 14 , 1997 t266r-5-65& ee 9050* DEPARTMENT OF FISHERIES (applicant should refer to this date in all correspondence) PAGE OF 16 PAGES 10 LAST NAME 18 CONTACT PHONE(S) 1 CONTROL NUMBER Renton Surface Water Utility (206) 277-6193 00-C3239-04 NRIA� 12 uATEriMapleWOOd Creek 9 08 . 0302 26. Final inspection is re(Taired. The AH-D listed on the bottom of page one of this HPA shall be contacted to conduct an inspection prior to departure of the contractor after the initial construction and after the site is planted. LOCATION: Maplewood Golf Course, 4000 Maple Valley Highway, Renton, WA. rh cc: Larry Fisher, WDFW REV 10/16/88 WASHINGTON DEPARTMENT OF FISH AND WILDLIFE 600 CAPITOL WAY NORTH OLYMPIA,WASHINGTON 98501-1091 (360)902-25U This Hydraulic Project Approval pertains Only to the provisions of the Fisheries Code (RCW 75.20). Additional authorization from other public agencies may be necessary for this project GENERAL PROVISIONS This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the permittee and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s)to whom this Hydraulic Project Approval 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 Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred doilars per day or a gross rnis eneanar charge, pzssibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 75.20.100 or 75.20.160 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All Hydraulic Project Approvals issued pursuant to.RCW 7520.103 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the permittee: PROVIDED HOWEVER,that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 75.20.130. APPEALS -GENERAL INFORMATION IF YOU WISH TO APPEAL A DENIAL OF OR CONDITIONS PROVIDED W A HYDRAULIC PROJECT APPROVAL,THERE ARE INFORMAL AND FORMAL APPEAL PROCESSES AVAILABLE. A. ANFORMAL APPEALS(WAC 220-1104 0) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 7520.100, 76 20.103, 75.20.106, AND 7520.160. A person who is aggrieved or adversely affected by the following Department actions may request an informal review of., (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; or (B) An order imposing civil penalbim it is reconwiendod 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 hm4w supervisor. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildlife,600 Capitol Way North, Olympia,Washington 985014091 and shag be RECEIVED by the Departrnent within 30slays of the denial or issuance of a Hydraulic Project Approval or receipt of an order imposing civil penalties. The 30-day time requirement may be stayed by the Department if negotiations are occurrirmg between the aggrieved party and the Area Habitat Biologist and/or his/her supervisor. The Habitat Protection Services Division Manager or histher designee shall conduct a review and recommend a decision to the Disetor or its designee. If you are not satisfied with the results of this informal appeal, a formal appeal may be filed S. FORMAL APPEALS(WAC 220.110.Js0) OF DEPARTMENT AC77ONS TAKEN PURSUANT TO RCW 7520.100 OR 7520.106. 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 Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; (B) An order imposing civil penalties; or (C) Any other'agency action' for which an adjudicative proceeding is required under the Administrative Procedure Act,Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife, 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 Departrnent within 30-days of the Department action that is being challenged. Time tirne 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 7520.103 or 75.20.190: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 25944 at Environmental Hearings Office,4224 Sixth Avenue SE,Building Two- Rowe Six,Lacey, Washington 98504; telephone 360AS9.6327. D. FAILURE TO APPEAL 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. HYDRAULIC PROJECT Nov APPROVAL lg4Gj Cr R.C.W. 7 5 . 2 0 . 10 0 C>> Y O TMEN! OF FISHERI R.C.W. 75 .20. 103 `/)p' Gener�06) 53 Bldg. of!?o_ry. Olym4 �] November 1, 1996 DEPARTMENT OF FISHERIES (applicant should refer t his date in all correspondence) PAGE 1 OF 19 PAGES 10 LAST NAME FIRST 18 CONTACT PHONE(S) ICONTROL NUMBER Renton Surface Water Utility (206) 277-6193 00-C3239-03 19 STREET OR RURAL ROUTE ® q❑ WRIA 200 Mill Ave S ATTN: Dan Carey 08. 0302 CITY STATE ZIP 14 17 Renton WA 98055 12 ATER TRIBUTARY TO 11 TYPE OF PROJECT Maplewood Creek Cedar River _Sediment Basin and 13 UARTER SECTION TOWNSHIP RANGE(E-W) COUNTY SECTION 21/22 23N 05E King Fish Channel TIME LIMITATIONS: THIS PROJECT MAY BEGIN ©AND MUST BE COMPLETED BY Immediately-Pry 4 June 26, 2006-Pry 4 THIS APPROVAL IS TO BE AVAILABLE ON THE JOB SITE AT ALL TIMES AND ITS PROVISIONS FOLLOWED BY THE PERMITTEE AND OPERATOR PERFORMING THE WORK. SEE IMPORTANT GENERAL PROVISIONS ON REVERSE SIDE OF APPROVAI NOTE: The agency logo, address, and phone number at the top of this Hydraulic Project Approval (HPA) are incorrect. The correct address is: Washington Department of Fish and Wildlife (WDFW) 600 Capitol Way North, Olympia, WA 98501-1091. An comments or questions on this specific HPA should be directed �o the Area Habitat Biologist identified at the bottom of the HPA. This HPA is a modification of the original HPA issued on June 26( 1996, and last modified July 24 1996 in response to a written request by Daniel Carey of the City of Renton on October 254 1996. It supersedes all previous HPAs and modifications for this project. 1. NOTIFICATION REQUIREMENT: The ermittee or contractor shall notify the Area Habitat Biologist (AHB) listed below, b� fax at (206) 391-6583 , or mail at WDFW, Office Park, Suite 24 , Bldg E, 22516 SE, 64th Place Issaquah, WA 98027, of the project start date. Notifi- cation shall be received by the AHB at least 3 working days prior to the start of construction activities. The notification shall include the permittee' s name, pro ect location, starting date for work, and the control number for his HPA. The AHB shall also be contacted at (206) 392-9159 within 7 days of completion of work to arrange for compliance inspection. " accomplished 2 . MAPLEWOOD CREEKSEDIMENTI0NeBAEINn ppRECONSTRUCTIONa AND nIMPROVEMENT PROJECT, " and "MAPLEWOOD CREEK FISH CHANNEL PROJECT, " each dated June 6, 1996 submitted to WDFW or per revised plans as approved SEPA: DNS by City of Renton, March 19, 1996 REGIONAL HABITAT MANAGER - Larry Fisher (206) 392-9159 PATROL - Boone 030 [P1] APPLICANT - WILDLIFE - READER - PATROL HA MGR. - WRIA DEPARTMENT OF FISHERIE DIRECTOR WASHINGTON DEPARTMENT OF FISH AND WILDLIFE 600 CAPITOL WAY NORTH OLYMPIA,WASHINGTON 98501-1091 ` (360) 902-2534 This Hydraulic Proiect Approval pertains only to the provisions of the Fisheries Code (RCW 75.20). Additional authorization from other public agencies may be necessary for this project. GENERAL PROVISIONS This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the permittee and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s)to whom this Hydraulic Project Approval 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 Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day or a gross misdemeanor charge;possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 75.20.100 or 75.20.160 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All Hydraulic Project Approvals issued pursuant to RCW 75.20.103 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the permittee: PROVIDED HOWEVER,that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 75.20.130. APPEALS -GENERAL INFORMATION 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 75.20.100, 75.20.103, 75.20.106, AND 75.20.160: A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; or (B) An order imposing civil penalties. 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 Hydraulic Project Approval 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 Habiiat Biologist andior his/her supervisor. i he 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 75.20.100 OR 75.20.106: 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 Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; (B) An order imposing civil penalties; or (C) Any other "agency action" for which an adjudicative proceeding is required under the Administrative Procedure Act, Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife, 600 Capitol Way North, Olympia, Washington 98601-1091, 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 75.20.103 or 75.20.160: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office,4224 Sixth Avenue SE, Building Two - Rowe Six, Lacey, Washington 98504; telephone 360/459-6327. D. FAILURE TO APPEAL 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. s HYDRAULIC PROJECT APPROVAL R.C.W. 75 . 20 . 100 TMENT OF FISH ES Gene is n Bldg. R.C.W. 75.20. 103 Olympia, Was � 98504 4❑ November 1, 1996 < 753-69%-*, DEPARTMENT OF FISHERIES (applicant should refer to this date in all correspondence) PAGE'&F, 5 PAGES 10 LAST NAME 18 CONTACT PHONE(S) ❑CONTROL NUMBER Renton Surface Water Utility (206) 277-6193 1 00-C3239-03 12 WATE q❑WRIA RMaplewood Creek 08 . 0302 by WDFW, except as modified b this HPA. These plans reflect design criteria per Chapter 2. 0-110 WAG. A copy of these plans shall be available on site during construction. 3 . The followingg revisions shall be incorporated into the project plans prior to the bid opening: a. The addition of a second 42-inch outlet pipe from the sediment pond in case the fish ladder location needs to be changed. b. boulders to be placed in the stream channel upstream of the sediment pond shall be clustered, rather than being laced straight across the channel, and spaced 20 to 25, rather than 15, feet apart; C. any woody debris (12 inches diameter or larger) found within or adjacent to the stream channel upstream of the sediment pond shall be incorporated into the channel within the ordinary high water line (OHWL) for habitat. 4 . ADDITIONAL TIMIMG LIMITATIONS: Construction within the OHWL shall occur between: a. Immediately and November 8, 1996, and b. May 16 and October 31 of calendar years 1997-2002 . Construction of the fish channel may occur at any time within the above overall time limitation. Revegetation per Provision 13 shall be completed by June 26, 2006. 5. A temporary .by- ass to divert flow around the work area shall be in place prior to initiation of other work in the wetted perimeter. 6. A sandbag revetment or similar device shall be installed at the by-pass inlet to divert the entire flow through the by-pass. 7 . A sandbag revetment or similar device shall be installed at the downstream end of the bypass to prevent backwater from entering the work area. 8 . The by-pass shall be of sufficient size to pass all flows and debris for the duration of the project. 9 . Prior to releasing the water flow to the project area, all bank protection or armoring shall be completed. REV 10/16/88 WASHINGTON DEPARTMENT OF FISH AND WILDLIFE 600 CAPITOL WAY NORTH OLYMPIA,WASHINGTON 98501-1091 ' (360) 902-2534 This Hydraulic Project Approval pertains only to the provisions of the Fisheries Code (RCW 75.20). Additional authorization from other public agencies may be necessary for this proiect. GENERAL PROVISIONS This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the permittee and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s)to whom this Hydraulic Project Approval 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 Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 75.20.100 or 75.20.160 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All Hydraulic Project Approvals issued pursuant to RCW 75.20.103 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the permittee: PROVIDED HOWEVER,that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 75.20.130. APPEALS -GENERAL INFORMATION 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 75.20.100, 75.20.103, 75.20.106, AND 75.20.160: A person who is aggrieved or adversely affected by the following Departrnent actions may request an informal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; or (B) An order imposing civil penalties. 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 Hydraulic Project Approval 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 amid/or hisfiier supervisor. The iIdWidf Proieciion 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 75.20.100 OR 75.20.106: 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 Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; (B) An order imposing civil penalties; or (C) Any other "agency action" for which an adjudicative proceeding is required under the Administrative Procedure Act, Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife, 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 75.20.103 or 75.20.160: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 269-04 at Environmental Hearings Office, 4224 Sixth Avenue SE,Building Two - Rowe Six, Lacey, Washington 98504; telephone 360/459-6327. D. FAILURE TO APPEAL 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. ' T HYDRAULIC PROJECT APPROVAL ft mat R.C.W. 7 5 . 2 0 . 10 0 MENT OF General ration Bldg. R.C.W. 75 .20. 103 Ol Washing 504 [] November 1, 1996 (206) 753-6650 DEPARTMENT OF FISHERIES (applicant shouldfer to this date in all correspondence) PAGI OF &_ PAGES 10 LAST NAME 18 CONTACT PHONE(S) CONTROL NUMBER Renton Surface Water Utility (206) 277-6193 1 00-C3239-03 12 WATERMaplewood Creek �WRIA 08. 0302 10. Upon completion of the project all material used in the temporary by-pass shall be removed from the site, and the site shall be returned to preproject or improved conditions. 11. The permittee shall capture and safely move game fish, food fish, and other fish life from the job site. The permittee shall have fish capture and transportation equipment ready and on the job site. captured fish shall be immediately and safely transferred to free-flowing water downstream of the project site. The permittee may request WDFW assist in capturing and safely moving fish life from the job site to free-flowing water, and assistance may be granted i personnel are available. 12 . Materials used for woody habitat features in the "fish channel" shall be western red cedar or Douglas fir. 13 . Alteration or disturbance of the bank and bank ve etation shall be limited to that necessary to construct the pro ec Within 7 calendar days of protect completion and prior o the initial filling of the pond, all disturbed areas shall be protected from erosion using vegetation or other means. Within one year of project com- pletion, the banks shall be revegetated with plant s ecies at the locations as shown on the approved plans (Provision ) . All plantings shall be maintained as necessary for 3 years to ensure 80 percent survival. 14 . The pond shall be constructed and maintained so the water temperatures at the outlet are not siginficantly higher than the temperature of the inflowing water. 15. Placement of bank protection material waterward of the OHWL shall be restricted to the minimum amount necessary to protect the toe of the bank or for installation of mitigation features approved by WDFW. 16. The toe shall be installed to protect the integrity of bank protection material . 17 . 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. 18 . 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. REV 10/16/88 WASHINGTON DEPARTMENT OF FISH AND WILDLIFE 600 CAPITOL WAY NORTH OLYMPIA,WASHINGTON 98501-1091 (360) 902-2534 This Hydraulic Proiect Approval pertains only to the provisions of the Fisheries Code (RCW 75.20). Additional authorization from other public agencies may be necessary for this project. GENERAL PROVISIONS This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the permittee and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s)to whom this Hydraulic Project Approval 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 Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 75.20.100 or 75.20.160 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All Hydraulic Project Approvals issued pursuant to RCW 75.20.103 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the permittee: PROVIDED HOWEVER,that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 75.20.130. APPEALS -GENERAL INFORMATION 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 75.20.100, 75.20.103, 75.20.106, AND 75.20.160. A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; or (B) An order imposing civil penalties. 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 Hydraulic Project Approval 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 Hab tat Biologist and/or his/her supervisor. The Habitat Protection Services Division. Manager or hisPher 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 75.20.100 OR 75.20.106: 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 Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; (B) An order imposing civil penalties; or (C) Any other "agency action" for which an adjudicative proceeding is required under the Administrative Procedure Act, Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife, 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 75.20.103 or 75.20.160: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259.04 at Environmental Hearings Office, 4224 Sixth Avenue SE,Building Two - Rowe Six, Lacey, Washington 98504; telephone 3601459.6327. D. FAILURE TO APPEAL 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. HYDRAULIC PROJECT APPROVAL R.C.W. 7 5 . 2 0 . 10 0 RTMENT OF F ERIES <; Genera i ation Bldg. R.C.W. 75 .20. 103 Olympia, ton 98504 November 1, 1996 06) 75 0 DEPARTMENT OF FISHERIES (applicant should refer t this date in all correspondence) PAGA OF t7 PAGES 10 LAST NAME 18 CONTACT PHONE(S) CONTROL NUMBER Renton Surface Water Utility (206) 277-6193 1 00—C3239-03 12 WATE q�WRIA Maplewood Creek 08. 0302 19. Fish habitat components such as , logs stumps, and/or large boulders are required as kart of the project �o mitigate project impacts. These fish habitat components s�all be installed to withstand 100-year peak flows. 20. All work operations shall be conducted in a manner that causes little or no siltation to downstream areas. 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 a�(206) 649-7000 shall be contacted immediately. Work shall no� resume until further approval is given by WDFW. 21. Wastewater from project activities and water removed from within the work area shall be routed to an area landward of the OHWL to allow removal of fine sediment and other contaminants prior to being discharged to the stream. 22 . 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, temporary sediment ponds, check dams of pea gravel-filled burlap bags or other material, and/or immediate mulching of exposed areas. 23 . 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. 24 . Extreme care shall be taken to ensure that no 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 stream. 25. A facility operation and maintenance manual shall be approved b WDFW pprior to any maintenance of the sediment pond. Recommendation will be made to issue a three year maintenance HPA upon approval of the manual. Maintenance activities after this 3-year period will be considered under separate Hydraulic Project Application, pending progress on construction of the fish channel. Such maintenance shall include work necessary to provide continuous, unimppeded fish passage as required by sections 75. 20. 060 and 77 . 16. 210 RCW. Costs associated with maintaining fish passage shall be the responsibility of the owner(s) . REV 10/16/88 WASHINGTON DEPARTMENT OF FISH AND WILDLIFE 600 CAPITOL WAY NORTH OLYMPIA,WASHINGTON 98501-1091 (360) 902-2534 This Hydraulic Project Approval pertains only to the provisions of the Fisheries Code (RCW 75.20). Additional authorization from other public agencies may be necessary for this proiect. GENERAL PROVISIONS This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the permittee and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s)to whom this Hydraulic Project Approval 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 Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 75.20.100 or 75.20.160 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All Hydraulic Project Approvals issued pursuant to RCW 75.20.103 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the permittee: PROVIDED HOWEVER,that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 75.20.130. APPEALS -GENERAL INFORMATION 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 75.20.100, 75.20.103, 75.20.106, AND 75.20.160: A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; or (B) An order imposing civil penalties. 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-lays of the denial or issuance of a Hydraulic Project Approval 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 Bio:ovist a::dlor his/her supendsor. The Habitat Protection Seraices Div sior. Manage, or his/her er 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 75.20.100 OR 75.20.106: A person who is aggrieved or adversely affected by the following Departrnent actions may request an formal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; (B) An order imposing civil penalties; or (C) Any other "agency action" for which an adjudicative proceeding is required under the Administrative Procedure Act, Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife, 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 75.20.103 or 75.20.160: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259.04 at Environmental Hearings Office,4224 Sixth Avenue SE, Building Two - Rowe Six, Lacey, Washington 98604; telephone 3601469-6327. D. FAILURE TO APPEAL THE REQUIRED TIME PERIODS RESULTS IN FORFEITURE OF ALL APPEAL RIGHTS. IF THERE IS NO TIMELY REQUEST FOR AN APPEAL, THE DEPARTMENT AC71ON SHALL BE FINAL AND UNAPPEALABLE. HYDRAULIC PROJECT APPROVAL rn R.C.W. 75 . 20 . 100 D TMENT OF s R.C.W. 75 .20. 103 Gera ration Bldg. Ol ne ta, Washt 98504 n November 1, 1996 (206) 753-6650 DEPARTMENT OF FISHERIES (applicant should refer o this date in all correspondence) PAGES OF PAGES 10 LAST NAME 18 CONTACT PHONE 1S) CONTROL NUMBER Renton Surface Water Utility (206) 277-6193 00-C3239-03 12 WATERMaplewood Creek �WRIA 08. 0302 26. Final inspection is required. The AHB listed on the bottom of page one of this HPA shall be contacted to conduct an inspection prior to departure of the contractor after the initial construction and after the site is planted. LOCATION: Maplewood Golf Course, 4000 Maple Valley Highway, Renton, WA. cg REV 10/16/88 WASHINGTON DEPARTMENT OF FISH AND WILDLIFE 600 CAPITOL WAY NORTH OLYMPIA,WASHINGTON 98501-1091 `. (360) 902-2534 This Hydraulic Proiect Approval pertains only to the provisions of the Fisheries Code (RCW 75.20). Additional authorization from other public agencies may be necessary for this project. GENERAL PROVISIONS This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the permittee and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s)to whom this Hydraulic Project Approval 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 Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 75.20.100 or 75.20.160 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All Hydraulic Project Approvals issued pursuant to RCW 75.20.103 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the.permittee: PROVIDED HOWEVER,that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 75.20.130. APPEALS -GENERAL INFORMATION 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 75.20.100, 75.20.103, 75.20.106, AND 75.20.160: A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; or (B) An order imposing civil penalties. 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 Hydraulic Project Approval 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 Bio!ocirt and!or his/her supervisor. The Habitat Protection Services Division Manager or his/her designee sha!! conduct a review and recommend a decision to the Director or its designee. If you are not satisfied with the results of this infomaal appeal, a formal appeal may be filed. B. FORMAL APPEALS(WAC 220-110-350) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20.100 OR 75.20.106: 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 Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; (B) An order imposing civil penalties; or (C) Any other "agency action" for which an adjudicative proceeding is required under the Administrative Procedure Act, Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife, 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 infomnal 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 75.20.103 or 75.20.160: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office,4224 Sixth Avenue SE,Building Two - Rowe Six, Lacey, Washington 98504; telephone 3601459-6327. D. FAILURE TO APPEAL 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. HYDRAULIC PROJECT . + _ APPROVAL EPARTMENT OF FISHERI R.C.W. 75 .20 . 100 Gener dministr n Bldg. R.C.W. 75 .2 0. 103 Olympia, ngton 98504 0 July 24, 1996 06) 7 50 DEPARTMENT OF FISHERIES (applicant should refer to this date in all correspondence) PAGE 1 OF A- PAGES 10 LAST NAME FIRST 18 CONTACT PHONE(S) CONTROL NUMBER Renton Surface Water Utility (206) 277-6193 1 00-C3239-02 19 STREET OR RURAL ROUTE 7❑ ® 9❑ WRIA 200 Mill Ave S ATTN: Dan Carey 08. 0302 CITY STATE ZIP 14 17 Renton WA 98055 12 ATER TRIBUTARY TO , 11 TYPE OF PROJECT Maplewood Creek Cedar River Sediment Basin and 13 UARTER SECTION TOWNSHIP RANGE(E-W) COUNTY SECTION 21/22 23N 05E King Fish Channel L5__l TIME LIMITATIONS: THIS PROJECT MAY BEGIN ©AND MUST BE COMPLETED BY Immediately-Pry 4 October 31, 2000-Pry 4 THIS APPROVAL IS TO BE AVAILABLE ON THE JOB SITE AT ALL TIMES AND ITS PROVISIONS FOLLOWED BY THE PERMITTEE AND OPERATOR PERFORMING THE WORK. SEE IMPORTANT GENERAL PROVISIONS ON REVERSE SIDE OF APPROVAL NOTE: This Hydraulic Pro]ect Approval (HPA) is a modification of the on final HPA issued on June 26, 1996. It is in response to a wri?ten reqquest by the City of Renton on June 28, 1996, to amend the HPA. It supersedes the previous HPA for this project. 1. NOTIFICATION REQUIREMENT: The Zyartment rmittee or contractor shall notify the Area Habitat Biologist (AHBlisted below, by fax at (206) 391-6583 or mail at Washington of Fis and Wildlife IWDFW) , Office Park, Suite 240, Bdg E, 22516 SE 64th Place, ssaquah, WA 98027 , of the project start date. Notification shall be received by the AHB at least 3 working days prior to the start of construction activities. The notification shall include the termittee' s name, project location, starting date for work, and he control number for this HPA. The AHB shall also be contacted at (206) 392-9159 within 7 days of completion of work to arrange for compliance inspection. 2 . Work shall be accomplished Per plans and specifications entitled, "iiAPLEtiVOOD CREEK SEDI,iENTIO:vT BASIN RECONSTRUCTION AND IMPROVEMENT PROJECT" and "MAPLEWOOD CREEK FISH CHANNEL PROJECT, " each dated June 6, 1996, and submitted to WDFW or per revised plans as ap roved by,WDFW, except as modified by this HPA. These plans reylect desigqn criteria per Chapter 220-110 WAC. A copy of these plans shall be available on site during construction. 3 . The following revisions shall be incorporated into the project plans prior to the bid opening and any construction: Ell SEPA: DNS by City of Renton, March 19, 1996 JUL 2 91996 REGIONAL HABITAT MANAGER - Larry Fisher (206) 392-9159 PATROL - Boone 030 [Pl] CITY OF RENTON APPLICANT - WILDLIFE - READER - PATROL - HAB. MGR. - WRIA DEPARTMENT OF FISHERIES DIRECTOR WASHINGTON DEPARTMENT OF FISH AND WILDLIFE , 600 CAPITOL WAY NORTH OLYMPIA,WASHINGTON 98501-1091 (360) 902-2534 This Hydraulic Project Approval pertains only to the provisions of the Fisheries Code (RCW 75.20). Additional authorization from other public agencies may be necessary for this project. GENERAL PROVISIONS This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the permittee and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s)to whom this Hydraulic Project Approval 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 Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 75.20.100 or 75.20.160 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All Hydraulic Project Approvals issued pursuant to RCW 75.20.103 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the permittee: PROVIDED HOWEVER,that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 75.20.130. APPEALS -GENERAL INFORMATION 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 75.20.100, 75.20.103, 75.20,106, AND 75.20.160: A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; or (B) An order imposing civil penalties. 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 Hydraulic Project Approval 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. nc Habitat Fraiection 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 75.20.100 OR 75.20.106: 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 Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; (B) An order imposing civil penalties; or (C) Any other "agency action" for which an adjudicative proceeding is required under the Administrative Procedure Act, Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife, 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 75.20.103 or 75.20.160: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office, 4224 Sixth Avenue SE, Building Two - Rowe Six, Lacey, Washington 98504; telephone 360/459-6327. D. FAILURE TO APPEAL 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. HYDRAULIC PROJECT _ APPROVAL R.C.W. 75 . 20 . 100 • EPARTMENi OF FISHE S Gene Administr on Bldg. R.C.W. 7 5 .2 0. 10 3 Olympia, gton 98504 4❑ July 24, 1996 (2 6650 DEPARTMENT OF FISHERIES (applicant should refer to this date in all correspondence) PAGE�LOF 4— PAGES 10 LAST NAME 18 CONTACT PHONE(S) ❑CONTROL NUMBER Renton Surface Water Utility (206) 277-6193 1 00-C3239-02 12 WATERMaplewood Creek 9❑WRIA 08 . 0302 a. the addition of a second 42-inch outlet pi e from the sediment pond in ease the fish ladder loca ion needs to be changed; b. boulders to be placed in the stream channel upstream of the sediment pond shall be clustered, rather than being placed straight across the channel, and spaced 20 to 25, rather than 15, feet apart; C. any woody debris (12-inches diameter or larger) found within or ad]'acent to the stream channel uppstream of the sediment pond shall be incorporated into tFie channel within the ordinary high water line (OHWL) for habitat. 4 . ADDITIONAL TIMIMG LIMITATIONS: Construction within the OHWL shall occur between: a. Immediately and October 31, 1996, and b. June 16 and October 31 of calendar years 1997-2000. Construc- tion of the fish channel may occur at any time within the above overall time limitation. Revegetation shall be per Provision 13 . 5. A temporary by-pass to divert flow around the work area shall be in place prior to initiation of other work in the wetted perimeter. 6. A sandbag revetment or similar device shall be installed at the by-pass inlet to divert the entire flow through the by-pass. 7 . A sandbag revetment or similar device shall be installed at the downstream end of the by-pass to prevent backwater from entering the work area. 8. The by-pass shall be of sufficient size to pass all flows and debris for the duration of the project. 9 . Prior to releasing the water flow to the project area, all bank protection or armoring shall be completed. 10. Upon completion of the project all material used in the temporary by-pass shall be removed from the site, and the site shall be returned to preproject or improved conditions. 11. The permittee shall capture and safely move game fish, food fish, and other fish life from the job site. The permittee shall have fish capture and transportation equipment ready and on the job site. captured fish shall be immediately and safely transferred to free-flowing water downstream of the project site. The permittee REV 10/16/88 WASHINGTON DEPARTMENT OF FISH AND WILDLIFE , 600 CAPITOL WAY NORTH OLYMPIA,WASHINGTON 98501-1091 (360) 902-2534 This Hydraulic Project Approval pertains only to the provisions of the Fisheries Code (RCW 75.20). Additional authorization from other public agencies may be necessary for this project. GENERAL PROVISIONS This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the permittee and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s)to whom this Hydraulic Project Approval 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 Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 75.20.100 or 75.20.160 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All Hydraulic Project Approvals issued pursuant to RCW 75.20.103 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the permittee: PROVIDED HOWEVER,that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 75.20.130. APPEALS -GENERAL INFORMATION 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 75.20.100, 75.20.103, 75,20.106, AND 75.20.160: A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; or (B) An order imposing civil penalties. 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 Hydraulic Project Approval 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 Bio!ogist and/or his/her supervisor. The Habitat Protection Seevices Division Manager or his/her designee shail 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 75.20.100 OR 76.20.106: 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 Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; (B) An order imposing civil penalties; or (C) Any other "agency action" for which an adjudicative proceeding is required under the Administrative Procedure Act, Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife, 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 75.20.103 or 75.20.160: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office, 4224 Sixth Avenue SE,Building Two - Rowe Six, Lacey, Washington 98504; telephone 3601469-6327. D. FAILURE TO APPEAL 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. HYDRAULIC PROJECT _ APPROVAL EPARTMENT OF FISjKkMS R.C.W. 75 . 20 . 100 R.C.W. 75 .20. 103 Gener dminis ion Bldg. Olympia, ton 98504 July 24 , 1996 06) 753- 0 DEPARTMENT OF FISHERIES (appticant should refer o this date in all correspondence) PAGE J OF PAGES 10 LAST NAME 18 CONTACT PHONE(S) 1 CONTROL NUMBER Renton Surface Water Utility (206) 277-6193 00-C3239-02 9WATERMaplewood Creek q�WRIA 08 . 0302 may request WDFW assist in capturing and safely moving fish life from the ob site to free-flowing water, and assistance may be granted i� personnel are available. 12 . Materials used for woody habitat features in the fish channel shall be western red cedar or Douglas fir. 13 . Alteration or disturbance of the bank and bank vegetation shall be limited to that necessary to construct the project. Within 7 calendar days of project completion and prior to the initial filling of the pond, all disturbed areas shall be protected from erosion using vegetation or other means. Within one year of project com- pletion, the banks shall be revegetated with plant s ecies at the locations as shown on the approved plans (Provision ) . All plantings shall be maintained as necessary for 3 years to ensure 80 percent survival . 14 . The pond shall be constructed and maintained so the water temperatures at the outlet are not siginficantly higher than the temperature of the in-flowing water. 15. Placement of bank protection material waterward of the OHWL shall be restricted to the minimum amount necessary to protect the toe of the bank or for installation of mitigation features approved by WDFW. 16. The toe shall be installed to protect the integrity of bank protection material. 17 . 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. 18 . 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. 19 . Fish habitat components, such as logs, stumps, and/or large boulders, are required as part of the project to mitigate project impacts. These fish habitat components shall be installed to with- stand 100-year peak flows. 20. All work operations shall be conducted in a manner that causes little or no siltation to downstream areas. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems developp (including equipment leaks or spills) , operations shall cease and WDFW, at (360) REV 10/16/88 WASHINGTON DEPARTMENT OF FISH AND WILDLIFE 600 CAPITOL WAY NORTH OLYMPIA,WASHINGTON 98501-1091 (360) 902-2534 This Hydraulic Proiect Approval pertains only to the provisions of the Fisheries Code (RCW 75.20). Additional authorization from other public agencies may be necessary for this Proiect. GENERAL PROVISIONS This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the permittee and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s)to whom this Hydraulic Project Approval 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 Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 75.20.100 or 75.20.160 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All Hydraulic Project Approvals issued pursuant to RCW 75.20.103 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the permittee: PROVIDED HOWEVER,that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 75.20.130. APPEALS -GENERAL INFORMATION 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 75.20.100, 75.20.103, 75.20,106, AND 75.20.160: A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; or (B) An order imposing civil penalties. 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 Hydraulic Project Approval 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 iiWher designee shaii 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 75.20.100 OR 75.20.106: 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 Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; (B) An order imposing civil penalties; or (C) Any other "agency action" for which an adjudicative proceeding is required under the Administrative Procedure Act, Chapter 34.06 RCW. A request for a 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 75.20.103 or 75.20.160: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office, 4224 Sixth Avenue SE,Building Two - Rowe Six, Lacey, Washington 98504; telephone 360/459-6327. D. FAILURE TO APPEAL 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. HYDRAULIC PROJECT APPROVAL R.C.W. 7$ .2 0 . 10 O PARTMENT OF FISH Genera dmini ion Bldg. R.C.W. 75.20. 103 Olympi ington 98504 July 24, 1996 (206) -6650 DEPARTMENT OF FISHERIES (applicant should refer to this date in all correspondence) PAGE 1 OF _�_ PAGES 10 LAST NAME 18 CONTACT PHONE(S) [1]CONTROL NUMBER Renton Surface Water Utility (206) 277-6193 00-C3239-02 12 �WATERMap1eWOOd Creek WRIA 9 08 . 0302 21. Wastewater from pproject activities and water removed from within the work area shall be routed to an area landward of the OHWL to allow removal of fine sediment and other contaminants prior to being dis- charged to the stream. 22 . 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, temporary sediment ponds, check dams of pea gravel-filled burlap bags or other material, and/or immediate mulching of exposed areas. 23 . 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. 24 . Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, fresh cement, sediments4 sediment-laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the stream. 25. A facility operation and maintenance manual shall be approved by WDFW prior to any maintenance of the sediment pond. A separate, written 3-year maximum maintenance HPA shall be issued u on WDFW approval o the manual . Renewal and/or modification of that main- tenance HPA shall be considered pending progress on construction of the fish channel . Such maintenance shall include work necessary to provide continuous, unimpeded fish passage as required by 75. 20. 060 and 77 . 16. 210 RCW. Costs associated with maintaining fish passage shall be the responsibility of the owner(s) . 26. Final inspection is required. The Area Habitat Biologist shall be contacted to conduct an inspection prior to departure of the con- tractor after the initial construction and after the site is planted. LOCATION: Maplewood Golf Course, 4000 Maple Valley Highway, Renton, WA. cg REV 10/16/88 WASHINGTON DEPARTMENT OF FISH AND WILDLIFE 600 CAPITOL WAY NORTH OLYMPIA,WASHINGTON 98501-1091 (360) 902-2534 This Hydraulic Project Approval pertains only to the provisions of the Fisheries Code (RCW 75.20). Additional authorization from other public agencies may be necessary for this project. GENERAL PROVISIONS This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the permittee and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s)to whom this Hydraulic Project Approval 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 Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 75.20.100 or 75.20.160 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All Hydraulic Project Approvals issued pursuant to RCW 75.20.103 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the permittee: PROVIDED HOWEVER,that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 75.20.130. APPEALS -GENERAL INFORMATION 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 75.20.100, 75.20.103, 75.20.106, AND 75.20.160. A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; or (B) An order imposing civil penalties. 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-lays of the denial or issuance of a Hydraulic Project Approval 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 lais;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 75.20.100 OR 75.20.106: 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 Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; (B) An order imposing civil penalties; or (C) Any other "agency action" for which an adjudicative proceeding is required under the Administrative Procedure Act, Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife, 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 75.20.103 or 75.20.160: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office, 4224 Sixth Avenue SE, Building Two - Rowe Six, Lacey, Washington 98504; telephone 3601459-6327. D. FAILURE TO APPEAL 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. Plannii Jesse Tanner,Mayor i'�>r Corw�oll.� P�tmi �' October 1, 1999 Ctwr C.ry,IA.c a, Larry Fisher Dept. of Fish and Wildlife c/o Department of Ecology, NW Regional Ofc. 3190 160th Ave. SE Bellevue, WA 98008-5452 SUBJECT: MAPLEWOOD CREEK SEDIMENT BASIN - TEP FISH RESCUED DURING BASIN CLEANING. Dear Mr. Fisher: Enclosed is temperature monitoring data for Maplewood Creek Sediment Basin, as required in provision #32 of the 12/8/98, HPA (Log Number 00-C3239-06), and provision #16 of the 09/13199, HPA (Log Number 00-C3239-7). Temperature measurements were taken upstream and downstream of the basin at locations shown on the attached figure. The upstream location was in an approximately 12-inch deep pool, next to a rock, in the middle of the creek. The downstream location was in the 32-inch deep fish weir, next to the jet of water coming out of the sediment basin. On 7/7/99, the temperature was taken with a mercury thermometer. On all other occasions, the temperature was taken with a YSI 95 Dissolved Oxygen Meter and Thermometer (electronic). Date Air Temp. Approx. Flow Upstream Downstream (Degrees C) (cfs) (Degrees C) (Degrees C) 7/7/99 3:00 PM 18.0 0.8 13.0 14.5 7/28/99 3:25 PM 23.0 0.8 15.0 16.8 8/5/99 3:10 PM 23.2 1.5 14.1 15.1 8/18/99 3:45 PM 23.0 0.8 14.4 1 15.5 Some increase in water temperature is expected due to the sun warming of the top layer of water in the sediment basin, which flows into the first cell of the fish ladder where the downstream temperature readings are recorded. State Class AA and A Water Quality Standards for temperature are met when temperatures are less than 16 Degrees Celsius and 18 Degrees Celsius, respectively. Three out of four of the downstream temperature readings are less than 16 degrees Celsius. In all cases the temperature range is suitable for the migration, rearing, and spawning of salmonids. H:\DIVISION.S\UTILITIE.S\DOCS\1999\CURRENT\99-673.DOC\DWC\tb 1055 South Grady Way - Renton, Washington 98055 0 This pacer rontaln:50 rnry,!ed ma!ena! 20°�(cos!consumer f Larry Fisher, Washington State Department of Fisheries y Maplewood Creek Sediment Basin - Temperature Monitoring Page 2 As you requested, attached are photos of the fish that were removed from the sediment basin on 9/23/99, before it was cleaned out. We completed cleaning the basin and refilled it on 9/28/99. If you have any questions please call me at (425) 430-7293. Sincerely, Daniel Carey, P.E., Project Manager Surface Water Utility z- 9 / 22 / 99 Maplewood Creek Sediment Basin Fish Removed From Basin Before ' Cleaning. About 5" to 6" long. Only 2 or 3 were this big. IL ► In a coffee can, about 3" long. f 3 1 1 . y In a 5" wide net, about 3" long. SEP-13—'99 MON 13: 16 I D:WA DEPT OF FISHERIES TEL NO:206-391-6593 #213 P01 FILE � HYDRAULIC PROJECT APPROVAL state of Washington �- ►3-99 Department of Fish and Wildlifr RCW 75.20.100 or RCW 75.20.108 Reeioe 4 office V*wa-t of 16018 Mill Creek Boulevard F180W Mill Creek,Washington 98012 wa DATE- I199-2 >�n a f;FNT OR CONTRACTOR tRentom Renton Not Applicable Water Utility TION:Daniel Carey uth Grady Way Washington 98055 30-7293 25 430-7241 PROJECT DESCRIPTION: Maintain Sediment Basin and Fish Channel PROJECT LOCATION: Maplewood Golf Course,4000 Renton-Maple Valley Highway,Renton,Washington Cedar TT RY T4 11 sue: Trim BAIU Comy YW® HAIMAQU Ceder 1 River 21122 23 North OS East King 08,0302 Maplewood Creek C ed NOTE: This Hydraulic Project Approval WA)is a modification of the original EPA issued 26,1996,and on Septemberl stmd 1999. t ber gcel19 8ll It is in response to a written request by Daniel Carey,or the City of Renton Surface tY, previous HPAs and modifications for this project. ed er the This HFA bas beet►issucd to allow three years of maintcnanoe of the sediment pond and fish channel which were construct P original IIPA. PR� OVI' M The project may begin immediately and shall be completed by August 31,2001, provided: shall occur only between immediately and September 30, a. Work below the ordinary high water line(OHWL) 1999. y g 2000 or 2001. b. Work below the OHWL shall occur onlybetween J luoaitati dnA gust 31,2 additional approval by WDFW. c. Work below the OHWL outside of the above timing 2. NOTIFICATION REQUIREMENT: The Area Habitat Biologist of completion o£work to arrange for compliance listed below shall be contacted at least three working days prior to start of work and again within seven Y inspection of both the channel construction and the riparian planting. MAINTENANCE 3. Work shall be accomplished per plans and specifications entitled, ,OPERATIONS AND dM fiber NC and M.4pLEWOOD CREEK SEDIMENT BASIN AND FISH CHANNEL-, this HPA. These on Department of Fish and Wildlife(WDFW),except as modified by submitted to the Washingt p mitigation tly tans reflect design criteria per Chapter 220-110 WAC. Thes pshaflllcbe available on site during construct on. P of theseplans reduce or eliminate impacts to fish resources. A copy Page 1 of 4 SEP-13-'99 MON 13: 17 ID:_Q; DEPT OF FISHERIES TEL NO:206-391-6583 9213 P02 gYDRAULIC PROJECT APPROVAL state pearot nWw�fly and Wildlife RCW 75.20.100 or RCW 75.20.108 Region Office Dowwo 16013 Mill Creek Boalewrd F]�oJ MUi Creek.Washington 98012 n�TF nF i�SiTl �ente her 13. 1�2 LOG�IMBFR• 00-C32��Z to the Point 4. The entire project reach(from the upper end of the work area above the sun�lbb nstre m�wed by the owner()Per' where the channel enters the fishway at the Renton-Maple Valley High�ed y) RCW 75.20.060 to ensure continued,unimpeded fish passage. If any installed structure becco �hindrance to fish passage,the owner(s)shall be responsible for obtaining an HFA and providing prompt repair. ncial responsibility for maintenance and repairs shall be that of the owner(s). 5. Meetings on the site between the permittee and the WDFW Area Habitat Biologist shall occur during the late winter or early spring and during the low flow period of 2000 to assess fish passage through the project site and plan how to correct any identified problems. (At the time of issuance of this HPA,problems which are likely to need to be addressed have been identified at the upstream and downstream areas of the project.) 6. 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. 7. A temporary bypass to divert flows around the work area shall be in place prior to work being conducted within the wetted perimeter. 8. Erosion control methods shall be used to prevent silt-laden water from entering the stream.g gavel filese led burlap include,but are not limited to,straw bales,filter fabric,temporary sediment ponds, P other material,and/or immediate mulching of exposed areas. 9. Prior to starting work,temporary filter fabric,straw bale,or pea gavel-filled burlap bag check dam(s)shall be installed downstream. Accumulated sediments shall be removed during the project and prior to removing the check dam(s)after completion of work. 10. Wastewater from project activities and water removed from within the work area shall be routed to an area landward of the OHWL to allow removal of fine sediment and other contaminants prior to being discharged to the stream. 11. 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. 12. If high flow conditions that may cause siltation are encountered during this project,work shall stop until the flow subsides. 13. Extreme care shall be taken to ensure that no petroleum products,ar�allotwedwo fresh leach,inw�e stream. ant laden water,chemicals,or any other toxic or deleterious 14. The permittee shall capture and safely move food o fish,and other fish life from the job site. The permittee fish,gam shall have fish capture and transportation equipment ready the poje�JShsite.The permmtettee m y request tthbe mee�ately and safely transferred to free-flowing water downstream panel safely moving fish life from the job site to free- flowing Department of Fish and Wildlife assist in capturing Y flowing water,and assistance may be granted if personnel are available. Page 2 of 4 SEP-13-199 MON 13: 19 ID:W.R DEPT OF FISHERIES TEL NO:206-391-6593' 4213 P23 HYDRAULIC PROJECT APPROVAL Department ofF,h and Wlldti[c d RCW 75.20.100 or RCW 75.20.108 Region 4 office F19H.r 16018 Milt Creek Boulevard Milt Creek,Washington 98011 41A r,� r,F iccrrF• Se�oterrtber 1 stream shall be equipped with a fish guard to prevent passage 15. Any device used for diverting water'from afish-bearing intake shall be screened with of fish into the diversion device pursuant to RCW 75,20.040 and 77.16.220. The pumpitY %% th enough 1/8-inch mesh to prevent fish from entering the system. The screened 4 feet p shall econd. Screen consist of a lmaixttenance shall surface area to ensure that the velocity through the screen is less than 0 be adequate to prevent injury or entrapment to juvenile fish and the screen shall remain in place whenever water is withdrawn from the stream through the pump intake. ot 16. The sediment basin pond shall be maintained so the temperature er the watethea pond during ing the d is mer months, tly (more than eight percent) greater than the temperature of the water entering P Temperature data at these locations shall be collected at 3:00 Sm. on 30, 1999 and 2000. Resulfirst and third t sshall be t and August, 1999 and 2000 and reported in writing to WDFW by Pt discussed with the WDFW ABB,and a contingency plan shall be implemented,if necessary to mitigate impacts on fish life. SEPA: DNS by City of Renton final on March 19, 1996. APPLICATION ACCEPTED: September 8, 1999 ENFORCEMENT OFFICER: Boone 030 [P1] 9-/ for Director FAZrea Fisher (425)649-7042 a �. - WDFW Habitat Biologist draulic Project Approval(HPA)perm only to the provisions of the Fisheries Code(RCW 75.20). Additional authorization This Hydraulic for thisproject frond other public agencies may be necessary P performing the Thus HPA shall be available on the job site at all times and all its provisions followed by the perm and operator(s)p g work. This HPA does not authorize trespass. 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. Hydraulichis Project App�could result in a civil penalty of up to one hundred dollars Failure to comply with the provisions e f ossibl nishable by fine and/or imprisonment- per day or a gross misdemeanor charg ,p Y pu All HPAs issued pursuant to RCW 75.20.100 or 75.20.160 ai a subject oadditional tion utd tes theneed Bfor such action or revocation f the pepartu►cr►t of Fish and Wildlife determines that new biological or physical 1)ep ittcc ha4 the right pt►rsufunt to Chapter 34,04 RCW to appeal such decisions. All HPAs issued pursuant to RCW 75.20.103 may be modified by the Department of Fi6h ad Wildlife due to c o hcodi�uli c.App ds Board established in Rtation with the CW 75 20.130. HOWEVER,that such modifications shall be subj&ct to appeal Page 3 of 4 SEP-13-199 MON 13: 19 ID:W; DEPT OF FISHERIES TEL NO:206-391-6583 ##213 PO4 ypRAULIC PROJECT APPROVAL state partweAt ofFlib and Wildlife RCW 75-20.100 or RCW 75.20.108 Ries 4 ottieo 16ols Milli Creek Boulevard Fool MM Creek W"hington 99012 N.TIw�,cu; nn__C3239-07 i�A.T�QF�� ?t'trmher 13. 1994 APPEAL�� IF YOU WISH TO APPEAL A DENIAL OF OR CONDITIONS PROVIDED INE HyDR.AULIC PROJECT APPROVAL, THERE ARE INFORMAL AND FORMAL APPEAL PROCESSES AVAILAB A. INFORMAL APPEALS(WAC 220-110-340)OF DEPARI1v1ENT ACTIONS TAKEN PURSUANT TO RCW 75.20.100, 75-20.103,75.20.106,AND 75.20.160: Department actions may request an informal review of- (A) person who is aggrieved or adversely affected by the following D made part of a HPA;or (A) The denial or issuance of a HPA,or the conditions or provisions (B) An order imposing civil penalties. It is recommended that an aggrieved party contact the Area Habitat Biologist and discuss the or an INFORMAL REVIEW resolved at this level,but if not,you may elevate your concerns to his/her supervisor. A requesti Washington 98501-1091 and shall be in WRITING to the D artme t of Fish 3and-d Wildlife, o the denial of600 issuance otol Way North,HPA oOlympia, receipt of an order imposing civil shall be RECEIVED by the Department between the aggrieved penalties. The 30-day time requirement may be stayed by the Department if negotiations are occurring or his/herparty and the Area Habitat Biologist and/or his/her supervisor• The Habitat Protection Services Division Manager designee shall conduct a review and recommend a derision 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 75.20.100 OR 75.20.106: art ment actions may request an formal review of: A person who is aggrieved or adversely affected by the following Dep (A) The denial or aggrieved or.of a HPA,or the conditions or provisions made part of a HPA; issu(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. Department of Fish and Wildlife,600 Capitol Way North, A request for a FORMAT-APPEAL shall be in WRITING to the Dep "and shall be RECEIVED Olympia,Washington 98501-1091,shall be plainly labeled as"REQUEST FOR FORMAL AP t action that isbPEAL ingchallenged The time period DURING OFFICE HOURS by the Department within 30-days of the Departmeri for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an infamiai appeal,the deadline for requesting a formal appeal shall be within 30-days of the date of the Departments written decision in response to tho informal appeal. C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20,103 or 75.20.160: A person who is aggrieved or adversely afl-ectod by the denial or issuance of a HPA,or the conditions or provisions el Board f a HPA may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the NY draul Washington per WAC 259-04 at Environmental Hearings Office,4224 Sixth Avenue SE,BuildingTwo-Rowe Six,Lacey, 98504;telephone 3601459-6127. D. FAILURE TO APPEAL WITHIN TUE 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. Post-it°Fax Noie 7671 Data ,79 pgges� To r' From Lr�' �'1l`R•� Phone 0 Phone# Fax Page 4 of 4 RL16- �► CITY OF RENTON c. „LL , Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator September 8, 1999 Larry Fisher Dept. of Fish and Wildlife c/o Department of Ecology, NW Regional Ofc. 3190 160th Ave. SE Bellevue, WA 98008-5452 SUBJECT: FINAL OPERATION AND MAINTENANCE MANUAL MAPLEWOOD CREEK SEDIMENT BASIN AND FISH CHANNEL Dear Mr. Fisher: Enclosed are two copies of the final Operation And Maintenance Manual for the Maplewood Creek Sediment Basin And Fish Channel, as required in provision #33 of our 12/8/98 HPA (Log Number 00-C3239-06). We made the revisions you requested after you reviewed the draft version, and as we faxed to you last week. As we discussed, we request that you allow the maintenance period in 1999 to extend to September 30. This will allow enough time to clean the sediment out of the pond this year. We would like the maintenance HPA to run for the maximum time allowable, either three or five years, from the date of issue through December 31 st of 2002 or 2004, with the ability to be renewed at the end of each three or five year period. We appreciate your support of our request and the quick review you provided for the draft. If you have any questions regarding the manual please call me at (425) 430-7293. Sincerely, p Daniel Carey, P.E., Project Manager Surface Water Utility cc: Ron Straka H:\DIVISION.S\UTILITIE.S\DOGS\1999\CURRENT\99-528AF.DOC\DWC\tb 1055 South Grady Way - Renton, Washington 98055 ®This paper contains 50%recycled material,20%post consumer IM&M-�' CITY OF RENTON .� Planning/Building/Public Works Department Gregg Zimmerman P.E.,Administrator Jesse Tanner,Mayor P t�L= August 11, 1999 Larry Fisher Dept. of Fish and Wildlife c/o Department of Ecology, NW Regional Ofc. 3190 160th Ave. SE Bellevue, WA 98008-5452 SUBJECT: REVIEW OF DRAFT OPERATION AND MAINTENANCE MANUAL MAPLEWOOD CREEK SEDIMENT BASIN AND FISH CHANNEL Dear Mr. Fisher: Enclosed is the draft Operation And Maintenance Manual for the Maplewood Creek Sediment Basin And Fish Channel, as required in provision #33 of our 12/8/98 HPA (Log Number 00-C3239-06). As you requested we are also sending a copy to Ken Bates for his review. Please review the draft manual and provide any comments or revisions needed. After we have reviewed and incorporated your comments we will send you a copy of the final manual. Maintenance work for the sediment basin and fish channel was included in the 1996 SEPA checklist. Attached is a copy of page 3 of the January 25, 1996 SEPA checklist that addresses sediment removal from the sediment basin and fish channel. Maintenance of the basin and channel was also discussed in various sections of the design reports that were submitted with the SEPA checklist. We request that you issue a three year maintenance HPA, running from the date of issue through December 31, 2002, as soon as possible. In the last two years an appreciable amount of sediment has accumulated in the basin, which prompts the need for maintenance cleaning of the basin this year. If the sediment basin is not cleaned this year it may result in bank erosion this winter, or the need for emergency cleaning and repair. We request that you issue the maintenance HPA and allow the maintenance period in 1999 to extend to September 30. This will allow enough time to clean the H:\DIVISION.S\UTILITIE.S\DOCS\1999\CURRENT\99-528A.DOC\DWC\tb 1055 South Grady Way-Renton, Washington 98055 ®This paper contains 50%recycled material,20%post consumer Larry Fisher, Washington State Department of Fisheries NE 10th Street/Anacortes Avenue Storm System Improvement Project Page 2 sediment out of the pond this year. We would appreciate your support of our request to allow maintenance cleaning of the sediment basin this fall. If you have any questions regarding the manual please call me at (425) 430-7293. Sincerely, Daniel Carey, P.E., Project Manager Surface Water Utility cc: Ken Bates Ron Straka y proceed. During construction, flow from Maplewood Creek will be diverted around the construction area and will be directed into the existing channel. After construction, flow from Maplewood Creek will be directed into the new low flow fish passage channel. Phase 3 is conceptual, and currently is not funded or scheduled for construction. It is included since improvements should be made to the existing channel to size it to carrying the predicted peak flow from the 100- year, 24-hour storm event for future conditions. See the attached Project Description for a more detailed explanation of the project. 7. Do you have any plans for future additions, expansions, or further activity related to or connected with this proposal? If yes, explain. From SEP4 Monitoring and maintenance activities only. Neither the sediment basin nor CIk C the low-flow channel are expected to require extensive repair or maintenance after construction. However, periodic sediment removal would be required 1 1zs 156 from the sediment basin. Occasional sediment removal may be needed from For the new channel. The amounts and frequency of sediment removal from the basin is directly Q«I dependent on the size and frequency of precipitation events in the area, and the erosion of soil in the upper canyon. Occasional slope failures in the RA CHib ord canyon tend to cause abrupt increases in the amount of sediment carried to the basin. All sediment collected by the basin needs to be removed to maintain the sedimentation basin efficiency. On the average 600 cubic yards of sediment per year may be captured by the basin and need to be removed. In addition, because the pond would not be 100% efficient at capturing suspended sediments, some deposition of finer sediments in the downstream channel could occur and may require removal on an infrequent basis. It is difficult to predict when sediment removal would be required. However, to a maximum extent practicable, maintenance activities which require work within the stream would be scheduled within the summer resource protection construction window, and would occur with prior notification to the Washington Department of Fish and Wildlife and other affected agencies. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. The following reports were prepared for this proposal for the Army Corps of Engineers Section 404 Permit and the JARPA Application, and are included with the SEPA Checklist: Project Description - Maplewood Creek Flooding and Habitat Improvement Projects ( Harza Northwest Inc., December 1995 ) Riparian and Instream Habitat Report - Maplewood Creek Fish Passage Channel Project ( Harza Northwest Inc., December 1995 ) Wetland Delineation Report - Maplewood Creek Flooding and Habitat Improvement Projects ( Harza Northwest Inc., December 1995 ) Lower Maplewood Creek Flooding and Habitat Improvements Page 3 H:DOCS:96-061:DWC:ps fI LE STAT�Q� 4. J n c T �y1 IS I a�Y State of Washington DEPARTMENT OF FISH AND WILDLIFE Region 4 Office: 16018 Mill Creek Boulevard-Mill Creek,Washington 98012-(425)775-1311 January 13, 1999 City of Renton Surface Water Utility ATTENTION: Daniel Carey ' 1055 South Grady Way JAN 1 n 1Q99 Renton, Washington 98055 CITY OF ;_�EiVTON Dear Mr. Carey: Engineerfr;g Dept. SUBJECT: Hydraulic Project Inspection,Maplewood Creek Sediment Basin and Fish Channel,Maplewood Creek, Tributary to Cedar River,King County, WRIA 08.0302,WDFW Log No. 00-C3239-07 The Washington Department of Fish and Wildlife (WDFW)conducted an inspection of the above-referenced project on January 12, 1999. The project was found to be substantially in compliance with its Hydraulic Project Approval. One area of concern which needs to be corrected is at the rock weir located adjacent to the old club house. This weir does not appear to be passable to fish at this time and needs to be modified to allow free and effective fish passage. As we discussed at the site yesterday, a large rock is jutting out in the main stream flow and could be jack-hammered to remove the problem. Alternatively,the adjacent rock might be altered to allow upstream fish migration. In either case, the fish need a pool out of which to jump to negotiate this rock weir. As we discussed, some hand movement of streambed materials would probably be helpful in directing flows toward some of the rootwads to ensure that their habitat values are better utilized. WDFW is also concerned that the current level of stream planting is not adequate to provide good habitat along the creek. The current plantings have relied heavily on willow and dogwood stakes. WDFW hopes that the Renton Parks Department will agree to cooperate in adding riparian vegetation to enhance the habitat value of the stream, in particular by planting more coniferous trees between the fairways and low growing shrubs at the two fairway crossings. Willow cuttings may be able to survive between the rockeries and could be trimmed as needed so they would impact golf course play only minimally. The complete lack of vegetation at the fairway crossings is difficult for WDFW to accept and to justify to other observers. WDFW appreciates the efforts that the City of Renton Surface Water Utility and Parks Department have made in trying the ensure the success of this project to restore fish production in Maplewood Creek. The City has made quite an investment in the fish channel, and WDFW feels that, by making these adjustments, a more productive habitat will be created. Mr. Carey January 13, 1999 Page 2 Thank you for the opportunity to provide this information. If you have any questions, please contact me at(425) 649-7042. Sincerely, Larry Fisher Area habitat Bioiogisi LF:lf:c3239.07g cc: WRIA file �(LB" 5 F l2-/7 CITY OF RENTON FAX TRANSMITTAL Dept. of Planning / Building / Public Works 1055 S Grady Way Date: 12 / 07 / 98 /J Renton, WA 98055 Number of Pages (include. cover) '! TO: Larry Fisher - WDFW From: Daniel Carey - Surface Water Utility FAX# (425)-649-7084 FAX# (425) 430-7241 Phone # (425) 649-7042 Phone # (425) 430-7293 Subject: Repairing Eroding Areas On Upper Creek - Maplewood Creek Fish Channel Project Larry, As we discussed last week, the upper part of our construction area on Maplewood Creek needs to be repaired to protect the banks from continued erosion and undercutting. I've worked with Harza to get their recommendation for the repairs, and am working with the contractor to negotiate a change order. The following is a description of the proposed work that needs to be done (see attached figure). Area 1 - The creek has run to the west eroding that bank. We propose to install two deflector logs in the west bank to protect the bank and direct back toward the center of the creek. The logs will be similar in construction to root logs, but without the root wad at the end. The log will be anchored with a concrete block, be angled upstream at about a 30 to 45 degree angle, and will have riprap placed along the bank. Large toe rocks will also be placed along the bank to help protect it from erosion. Area 2 - The creek has uncovered a old stump or root and has flowed to the west eroding the bank by about 4 feet. We propose to place large boulders and rocks along the west bank to protect it from further erosion. We may also place smaller rocks at the bottom of the scour pool to protect the bottom from further scour. Area 3 - The creek is undercutting the east bank for about 10 feet, and may cause the trees to fall if it continues. We propose to place large rock along the bank to protect the undercut. We may also place additional rock just upstream of this area to try to direct the flow away from the bank and into the center part of the creek. Area 4 - There is a scour hole and the rock wall has settled. We propose to rearrange boulder locations, and place additional rock along the east bank. Area 5 - Some scour at the base of the rock wall has occurred. We propose to rearrange boulder locations, and place additional rock along the east bank. Area 6 - Gravel from the creek has washed down creating a gravel bar below the overflow weir, and filling about 60 to 70 percent of volume upstream of the overflow weir. We propose to remove the gravel bar below the weir. Above the weir we propose to remove about 1 foot of gravel so the gravel is below the top of the weir. We will also excavate gravel to form a channel to the spitter structure entrance. Between Areas 3 and 4 - Some other scour occurred along this section and the toe rocks on the west bank moved away from the soil toward the center of the channel. We propose to place additional rock along and behind the toe rocks to fill in the separated area and protect the soil bank from erosion. As we discussed in the field, you felt that the creek needed to be diverted to perform the work. The contractor has proposed to reinstall the 18-inch diversion pipe that he has onsite. The diversion pipe will run from the main concrete spillway to below the overflow weir at the splitter structure. The capacity of the pipe is limited. If a heavy rain occurs the creek flow may exceed the pipe capacity, and overflow may occur. In that case the contractor would stop work and wait for the flow to subside. The only exception would be for the contractor to complete or protect working areas that could be damaged by overflow. It may take two days to reinstall the diversion pipe. The contractor will try to time the work so it occurs when heavy storms are not forecast. The 18-inch diversion pipe will remain inplace while the gravel is removed from the splitter structure area. A filter fabric fence will be placed downstream of the gravel bar to help filter any turbid water that may result from removing the gravel. Please let me know if the above measures meet with your approval, and any other information or submittals you may need to approve the start of the repair work. I would like to get this work approved as soon as possible so we avoid further erosion losses, and so the contractor can plan to implement it. Please call me at (425)-430-7293 if you have any questions. Thanks, Daniel DC--- Lr— 1• * \ !\� �%i`•.� % /, \�•. I i ' RESTORE ASPHALT A ON - 'i \ . ALONG CHANNEL `.. v' �� �, `/ /`m •, /� i i `>` _ ._.}. /�'� SEE TYPICAL SECTION F-F, SHEET 9 w W o N �\ a/,.��.`..N .Jii/ r'i `\ APPROX EDGE' .' g'i // .. �IW� (�•` i .n n n a n 'fl ml ��. ` OF EXIST B�1 // j y H \y Icy < < nl n c_P m �", ASPHALT NE.MGN t6'SSO6'E ��� v�i v U y !'��~ / m+ a. '+° �, /� •.rl� lf1i0M rt,.'�IGf1T.pOlE TO�t A(.fNH '�• U U UI U ..>7t a ....�'� ` T <I -G- ,^ a4 _� L oo Q,ST�1 7+ � �� Ui .` ' 571;6.650 MC 9TA g 79 - - - I 311g93t E 135366 / . j'%/'".��` •�.� 9J.a �,rl �� - IC / I / 1 \ >li. /� 3 - Ui U vI/ yf N y"vmj, 1+1 `�� 'R w+�•:_�- I 4' ADP�!T:. Y _ •`_ \---�F_- aI•'� o+� I '11 Zn co j '� �! '�\ j Lv r� us/' .. ��•�r !__' �jk �'"�X+Ct 19) i� irCC� \ A. ;.�.i. -'uST iA T; (SHEET 9 (,� :`,�,:�,�ra+.=-6„'�- I `•t '�'_ .*, - n, - /. ,/ / _-., In _> --_-- -_`- / / 1 � i i, •``*ems - � .. 1 '.'_._ r i� / � j / � 'T'-���-�'y � `\�_---._._ .f �_____ \' Lhj_ ,/Z�t �'• •\ '•, •',V i C r� APPROX. EXIST CHANNEL _ MAINT N 1' MIN'pISTANCE SET NEW TOE OF SLOPE PER PLACE TOE ROCK AS SHOWN \ .' SEE TYPICAL SECTION C-G, SHT 5 - �� FROM CUT TO EDGE OF DIMENSIONS SHOWN ON PLAN; L...-is•� 1I�_ EXIST PAVEMENT TYP o DO NOT'OISTURB LEFT BANK OF PLACE D.I. 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't .rrf 'i!►s s+��f�'Y �,.. �,. ...-. ++...��, ';�"'.t 'i � � �{.. �G ! +4. • .� . w ^�+.r. 4:�v�..��i1�4�•, �� P M '�� � 1� �. ` 'wy'..1 -Y •r ,•� r, t�e µ ..mot• �a� ��,... R- Oat �., ­47 ► :4 r" - ! � � �hl� •r.: I ' { r' HYDRAULIC PROJECT APPROVAL State of Washington RCW 75.20.100 or RCW 75.20.108 Department of Fish and Wildlife Region 4 Office FJsgad 16018 Mill Creek Boulevard WOIN Mill Creek,Washington 98012 DATE OF ISSUE: December 8, 1998 LOG NUMBER: 00-C3239-06 PERMITTEE AUTHORIZED AGENT OR CONTRACTOR City of Renton Not Applicable ,_ Water Utility Surface Lt y P ATTENTION: Daniel Carey 1055 South Grady Way DEC — 91998 = Renton,Washington 98055 (425)430-7239 CITY OF 1�, Fax: 425 430-7241 F PROJECT DESCRIPTION: Construct Sediment Basin and Fish Channel PROJECT LOCATION: Maplewood Golf Course,4000 Renton-Maple Valley Highway,Renton,Washington # WRIA WATER BODY TRIBUTARY TO 1/4 SEC. SEC. TOWNSHIP RANGE COUNTY 1 08.0302 Maplewood Creek Cedar River 21 23 North 05 East King 2 22 23 North 05 East King NOTE: This Hydraulic Project Approval(HPA)is a modification of the original HPA issued June 26,1996,and last modified July 9,1998. It is in response to a written request by Daniel Carey,or the City of Renton Surface Water Utility,on December 7, 1998. It supercedes all previous HPAs and modifications for this project. PROVISIONS 1. TIMING LIMITATIONS: The project may begin immediately and shall be completed by October 31, 1999, provided that needed repair work from the flow splitter upstream to the sediment pond outfall shall occur as described in the City of Renton FAX Transmittal dated December 7, 1998 as soon as possible and during a period when the weather forecast has predicted little or no precipitation. 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 of both the channel construction and the riparian planting. 3. Work shall be accomplished per plans and specifications entitled,"MAPLEWOOD CREEK FISH CHANNEL PROJECT",dated July 1, 1998 (with revisions made July 9, 1998 to add 40 coniferous trees to the planting plan, filter fabric around the rockery backfill,move all drop log notches to the center of the channel, and provide a minimum 10 foot separation between all grade control logs and drop log structures)and as described in the City of Renton FAX Transmittal dated December 7, 1998, and submitted to the Washington Department of Fish and Wildlife (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. The permanent new channel shall incorporate fish habitat components, streambed materials,meander configuration, and native vegetation per the approved plans. Page 1 of 5 HYDRAULIC PROJECT APPROVAL State of Washington De of RCW 75.20.100 or RCW 75.20.108 Department of Fish and Wildlife FJ�aad Region 4 Office 16018 Mill Creek Boulevard Mill Creek,Washington 98012 DATE OF ISSUE: December 8. 1998 LOG NUMBER: 00-C3239-06 5. During construction,the new channel shall be isolated from the flowing stream by a plug at the upstream end of the new channel. This plug shall be substantial enough to prevent flood flows from entering the new channel during construction. 6. Before water is diverted into the permanent new channel, approved fish habitat components, streambed materials and bank protection to prevent erosion shall be in place. Fish habitat components and bank protection material shall be installed to withstand the 100-year peak flows. 7. The fish habitat log structures shall be of Douglas fir or western red cedar. 8. The fish habitat structures shall be placed so that they are within the low flow channel. 9. Stream diversion shall be conducted only after inspection and approval of the new channel by the Area Habitat Biologist listed below or his/her representative. 10. Diversion of flow into the new channel shall be accomplished by the following: a. Face the stream side of the plug with a sandbag revetment or similar approved mechanism. b. Partially remove the plug to allow 1/3 to %of the flow down the new channel for at least overnight. The old channel shall not be allowed to dewater. c. Collect any fish from the old channel downstream of the flow splitter and place them in the new channel. d. Remove the rest of the plug once the new channel has flow throughout its entire length. 11. The culverts shall be placed on a flat gradient with the bottom of the culvert placed below the level of the streambed a minimum of 20 percent of the culvert's rise. The 20 percent placement below the streambed shall be measured at the culvert outlet. 12. The culvert widths at the streambed shall be equal to or greater than the average width of the streambed. 13. The culverts shall be installed to maintain structural integrity to the 100-year peak flow with consideration of the debris likely to be encountered. 14. Fill associated with culvert installation shall be protected from erosion to the 100-year peak flow. 15. The culverts shall be installed and maintained to avoid inlet scouring and to prevent erosion of stream banks downstream of each culvert. 16. The entire project reach(from the sediment basin pond downstream to the point where the channel enters the fishway at the Renton-Maple Valley Highway) shall be maintained by the owner(s)per RCW 75.20.060 to ensure continued, unimpeded fish passage. If any installed structure becomes a hindrance to fish passage,the owner(s) shall be responsible for obtaining an HPA and providing prompt repair. Financial responsibility for maintenance and repairs shall be that of the owner(s). 17. Construction shall occur in the dry or in isolation from the stream flow by the installation of a bypass flume or culvert,or by pumping the stream flow around the work area. Page 2 of 5 • . HYDRAULIC PROJECT APPROVAL State of Washington Dryo o/ RCW 75.20.100 or RCW 75.20.108 Department of Fish and Wildlife Region 4 Office FISH ad 16018 Mill Creek Boulevard MIX Mill Creek,Washington 98012 DATE OF ISSUE: December 8. 1998 LOG NUMBER: 00-C3239-06 18. Placement of bank protection material waterward of the ordinary high water line(OHWL) shall be restricted to the minimum amount necessary to protect the toe of the bank or for installation of mitigation features approved by WDFW. 19. The toe shall be installed to protect the integrity of bank protection material. 20. 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. r`- ` b! — +. 1 b� installed t,nd all constructed rockeries to p k 2i. e�text. c cloth C. .1 �;,. ,,.u:�.cet r..a eri:x shall a ins��..e..b_.....,. ,ct d eke P� ,,,•P.�Pn*b�c f11 from entering the stream channel. 22. Alteration or disturbance of the bank and bank vegetation shall be 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 means. Within one year of project completion,the approved vegetation plan(Provision 3) shall have been implemented. Plants shall be maintained as necessary for three years to ensure 80 percent or greater survival. 23. 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. 24. 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,temporary sediment ponds, check dams of pea gravel-filled burlap bags or other material, and/or immediate mulching of exposed areas. 25. Prior to starting work,temporary filter fabric, straw bale,or pea gravel-filled burlap bag check dam(s) shall be installed downstream. Accumulated sediments shall be removed during the project and prior to removing the check dam(s)after completion of work. 26. Wastewater from project activities and water removed from within the work area shall be routed to all area landward of the OHWL to allow removal of fine sediment and other contaminants prior to being discharged to the stream. 27. 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. 28. If high flow conditions that may cause siltation are encountered during this project,work shall stop until the flow subsides. 29. Extreme care shall be taken to ensure that no 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 stream. 30. The permittee shall capture and safely move food fish, game fish,and other fish life from the job site. The permittee shall have fish capture and transportation equipment ready and on the job site. Captured fish shall be immediately and safely transferred to free-flowing water downstream of the project site. The permittee may request the Washington Department of Fish and Wildlife assist in capturing and safely moving fish life from the job site to free- flowing water, and assistance may be granted if personnel are available. Page 3 of 5 HYDRAULIC PROJECT APPROVAL State of Washington RCW 75.20.100 or RCW 75.20.108 Department of Fish and Wildlife FlsBwd Region 4 Office KDLN 16018 Mill Creek Boulevard Mill Creek,Washington 98012 DATE OF ISSUE: December 8 1998 LOG NUMBER: 00-C3239-06 31. Any device used for diverting water from a fish-bearing stream shall be equipped with a fish guard to prevent passage of fish into the diversion device pursuant to RCW 75.20.040 and 77.16.220. The pump intake shall be screened with 1/8-inch mesh to prevent fish from entering the system. The screened intake shall consist of a facility with enough surface area to ensure that the velocity through the screen is less than 0.4 feet per second. Screen maintenance shall be adequate to prevent injury or entrapment to juvenile fish and the screen shall remain in place whenever water is withdrawn from the stream through the pump intake. 32. The sediment basin pond shall be maintained so the temperature of the water leaving the pond is not significantly (more than eight percent)greater than the temperature of the water entering the pond during simmer months. Temperature data at these locations shall be collected at 3:00 p.m. on the first and third Wednesdays during July and August, 1999 and 2000 and reported in writing to WDFW by September 30, 1999 and 2000. Results shall be discussed with the WDFW AHB, and a contingency plan shall be implemented, if necessary to mitigate impacts on fish life. 33. A facility operation and maintenance manual shall be approved by WDFW prior to maintenance of the sediment pond. Recommendation will be made to issue a three year maintenance HPA upon approval of the manual and completion of the fish channel. Maintenance activities shall include work necessary to provide continuous, unimpeded fish passage as required by sections 75.20.060 and 77.26.210 RCW. Costs associated with maintaining fish passage shall be the responsibility of the owner(s). 34. Repair work as described in Provision 1 shall occur in isolation from stream flows by temporarily bypassing flows around the work area(s). SEPA: DNS by City of Renton final on March 19, 1996. APPLICATION ACCEPTED: July 8, 1998 ENFORCEMENT OFFICER: Peck 024 [Pl] Larry Fisher (425)649-7042 �,�, 2f�.L.�...._ for Director Area Habitat Biologist 4 WDFW GENERAL PROVISIONS This Hydraulic Project Approval(HPA)pertains only to the provisions of the Fisheries Code(RCW 75.20). Additional authorization from other public agencies may be necessary for this project. This HPA shall be available on the job site at all times and all its provisions followed by the permittee and operator(s)performing the work. This HPA does not authorize trespass. 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. Page 4 of 5 HYDRAULIC PROJECT APPROVAL State of Washington D of RCW 75.20.100 or RCW 75.20.108 Department of Fish and Wildlife 0 F��goad Region 4 Office Wr LN 16018 Mill Creek Boulevard Mill Creek,Washington 98012 DATE OF ISSUE: December 8. 1998 LOG NUMBER: 00-C3239-06 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. All HPAs issued pursuant to RCW 75.20.100 or 75.20.160 are subject to additional restrictions,conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All HPAs issued pursuant to RCW 75.20.103 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the permittee: PROVIDED HOWEVER,that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 75.20.130. APPEALS-GENERAL INFORMATION 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 75.20.100, 75.20.103,75.20.106,AND 75.20.160: A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: (A) The denial or issuance of a 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 75.20.100 OR 75.20.106: 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. A request for a 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 75.20.103 or 75.20.160: 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 be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office,4224 Sixth Avenue SE,Building Two-Rowe Six,Lacey,Washington 98504;telephone 360/459-6327. D. 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. Page 5 of 5 HYDRAULIC PROJECT APPROVAL State of Washington Hof RCW 75.20.100 or RCW 75.20.108 Department of Fish and Wildlife Region 4 Office Flsffmd 16018 Mill Creek Boulevard WaLm Mill Creek,Washington 98012 DATE OF ISSUE: July 9, 1998 LOG NUMBER: 00-C3239-05 PERMITTEE AUTHORIZED AGENT OR CONTRACTOR City of Renton Not Applicable ,„ } Surface Water Utility cq ATTENTION: Daniel Carey $ 1055 South Grady Way JUL 1 " i9 Renton,Washington 98055 (425)430-7239 �� '� �� Fax: 425`430-7241 PROJECT DESCRIPTION: Construct Sediment Basin and Fish Channel PROJECT LOCATION: Maplewood Golf Course,4000 Renton-Maple Valley Highway,Renton,Washington # WRIA WATER BODY TRIBUTARY TO 1/4 SEC. SEC. TOWNSHIP RANGE COUNTY 1 08.0302 Maplewood Creek Cedar River 21 23 North 05 East King 2 22 23 North 05 East King NOTE: This Hydraulic Project Approval(HPA)is a modification of the original HPA issued June 26,1996,and last modified November 14, 1997. It is in response to a written request by Ron Straka,or the City of Renton Surface Water Utility,on July 2, 1998. It supercedes all previous HPAs and modifications for this project. PROVISIONS 1. TIMING LIMITATIONS: The project may begin immediately and shall be completed by October 31, 1999, provided that construction of the fish channel from the flow splitter upstream shall only occur between June 16 and October 31. 2. NOT>T'CATION 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 of both the channel construction and the riparian planting. 3. Work shall be accomplished per plans and specifications entitled,"MAPLEWOOD CREEK FISH CHANNEL PROJECT", dated July 1, 1998 (with revisions made July 9, 1998 to add 40 coniferous trees to the planting plan, filter fabric around the rockery backfill,move all drop log notches to the center of the channel,and provide a minimum 10 foot separation between all grade control logs and drop log structures), and submitted to the Washington Department of Fish and Wildlife()vVDFW), 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. The permanent new channel shall incorporate fish habitat components, streambed materials,meander configuration, and native vegetation per the approved plans. 5. During construction,the new channel shall be isolated from the flowing stream by a plug at the upstream end of the new channel. This plug shall be substantial enough to prevent flood flows from entering the new channel during construction. Page 1 of 5 HYDRAULIC PROJECT APPROVAL State of Washington RCW 75.20.100 or RCW 75.20.108 Department of Fish and Wildlife Region 4 Office Fj�gaMd 16018 Mill Creek Boulevard KDLN Mill Creek,Washington 98012 DATE OF ISSUE: July 9. 1998 LOG NUMBER: 00-C3239-05 6. Before water is diverted into the permanent new channel, approved fish habitat components, streambed materials and bank protection to prevent erosion shall be in place. Fish habitat components and bank protection material shall be installed to withstand the 100-year peak flows. 7. The fish habitat log structures shall be of Douglas fir or western red cedar. 8. The fish habitat structures shall be placed so that they are within the low flow channel. 9. Stream diversion shall be conducted only after inspection and approval of the new channel by the Area Habitat Biologist listed below or his/her representative. 10. Diversion of flow into the new channel shall be accomplished by the following: a. Face the stream side of the plug with a sandbag revetment or similar approved mechanism. b. Partially remove the plug to allow 1/3 to %of the flow down the new channel for at least overnight. The old channel shall not be allowed to dewater. c. Collect any fish from the old channel downstream of the flow splitter and place them in the new channel. d. Remove the rest of the plug once the new channel has flow throughout its entire length. 11. The culverts shall be placed on a flat gradient with the bottom of the culvert placed below the level of the streambed a minimum of 20 percent of the culvert's rise. The 20 percent placement below the streambed shall be measured at the culvert outlet. 12. The culvert widths at the streambed shall be equal to or greater than the average width of the streambed. 13. The culverts shall be installed to maintain structural integrity to the 100-year peak flow with consideration of the debris likely to be encountered. 14. Fill associated with culvert installation shall be protected from erosion to the 100-year peak flow. 15. The culverts shall be installed and maintained to avoid inlet scouring and to prevent erosion of stream banks downstream of each culvert. 16. The entire project reach(from the sediment basin pond downstream to the point where the channel enters the fishway at the Renton-Maple Valley Highway) shall be maintained by the owner(s)per RCW 75.20.060 to ensure continued, unimpeded fish passage. If any installed structure becomes a hindrance to fish passage,the owner(s) shall be responsible for obtaining an HPA and providing prompt repair. Financial responsibility for maintenance and repairs shall be that of the owner(s). 17. Construction shall occur in the dry or in isolation from the stream flow by the installation of a bypass flume or culvert,or by pumping the stream flow around the work area. 18. Placement of bank protection material waterward of the ordinary high water line (OHWL) shall be restricted to the minimum amount necessary to protect the toe of the bank or for installation of mitigation features approved by WDFW. 19. The toe shall be installed to protect the integrity of bank protection material. Page 2 of 5 HYDRAULIC PROJECT APPROVAL State of Washington mat RCW 75.20.100 or RCW 75.20.108 Department of Fish and Wildlife Region 4 Office FISE.d 16018 Mill Creek Boulevard WOIN Mill Creek,Washington 98012 DATE OF ISSUE: July 9. 1998 LOG NUMBER: 00-C3239-05 20. 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. 21. Geotextile cloth or filter blanket material shall be installed behind all constructed rockeries to prevent backfill from entering the stream channel. 22. Alteration or disturbance of the bank and bank vegetation shall be 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 means. Witbin one year of project completion,the approved vegetation plan(Provision 3) shall have been implemented. Plants shall be maintained as necessary for three years to ensure 80 percent or greater survival. 23. 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. 24. 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,temporary sediment ponds, check dams of pea gravel-filled burlap bags or other material,and/or immediate mulching of exposed areas. 25. Prior to starting work,temporary filter fabric, straw bale,or pea gravel-filled burlap bag check dam(s) shall be installed downstream. Accumulated sediments shall be removed during the project and prior to removing the check dam(s) after completion of work. 26. Wastewater from project activities and water removed from within the work area shall be routed to an area landward of the OHWL to allow removal of fine sediment and other contaminants prior to being discharged to the stream. 27. 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. 28. If high flow conditions that may cause siltation are encountered during this project,work shall stop until the flow subsides. 29. Extreme care shall be taken to ensure that no 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 stream. 30. The permittee shall capture and safely move food fish,game fish, and other fish life from the job site. The permittee shall have fish capture and transportation equipment ready and on the job site. Captured fish shall be immediately and safely transferred to free-flowing water downstream of the project site. The permittee may request the Washington Department of Fish and Wildlife assist in capturing and safely moving fish life from the job site to free- flowing water, and assistance may be granted if personnel are available. 31. Any device used for diverting water from a fish-bearing stream shall be equipped with a fish guard to prevent passage of fish into the diversion device pursuant to RCW 75.20.040 and 77.16.220. The pump intake shall be screened with 1/8-inch mesh to prevent fish from entering the system. The screened intake shall consist of a facility with enough surface area to ensure that the velocity through the screen is less than 0.4 feet per second. Screen maintenance shall Page 3 of 5 HYDRAULIC PROJECT APPROVAL State of Washington RCW 75.20.100 or RCW 75.20.108 Department of Fish and Wildlife Region 4 Office F1SHOW 16018 Mill Creek Boulevard MUN Mill Creek,Washington 98012 DATE OF ISSUE: July 9. 1998 LOG NUMBER: 00-C3239-05 be adequate to prevent injury or entrapment to juvenile fish and the screen shall remain in place whenever water is withdrawn from the stream through the pump intake. 32. The sediment basin pond shall be maintained so the temperature of the water leaving the pond is not significantly (more than eight percent)greater than the temperature of the water entering the pond during summer months. Temperature data at these locations shall be collected at 3:00 p.m. on the first and third Wednesdays during July and August, 1999 and 2000 and reported in writing to WDFW by September 30, 1999 and 2000. Results shall be discussed with the WDFW AHB, and a contingency plan shall be implemented,if necessary to mitigate impacts on fish life. 33. A facility operation and maintenance manual shall be approved by WDFW prior to maintenance of the sediment pond. Recommendation will be made to issue a three year maintenance HPA upon approval of the manual and completion of the fish channel. Maintenance activities shall include work necessary to provide continuous, unimpeded fish passage as required by sections 75.20.060 and 77.26.210 RCW. Costs associated with maintaining fish passage shall be the responsibility of the owner(s). SEPA: DNS by City of Renton final on March 19, 1996. APPLICATION ACCEPTED: July 8, 1998 ENFORCEMENT OFFICER: Peck 024 [P1] Larry Fisher (425) 392-9159 ��, ,_ for Director Area Habitat Biologist O WDFW GENERAL PROVISIONS This f-.ydrµulic Project Approval(HPA)pertains only to the provisions of the Fisheries Code(RCW 75.20). Additional authorization from other public agencies may be necessary for this project. This HPA shall be available on the job site at all times and all its provisions followed by the permittee and operator(s)performing the work. This HPA does not authorize trespass. 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. All HPAs issued pursuant to RCW 75.20.100 or 75.20.160 are subject to additional restrictions,conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All HPAs issued pursuant to RCW 75.20.103 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the permittee: PROVIDED HOWEVER,that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 75.20.130. Page 4 of 5 HYDRAULIC PROJECT APPROVAL State of Washington WaAimm of RCW 75.20.100 or RCW 75.20.108 Department of Fish and Wildlife Region 4 Office F1SEad 16018 Mill Creek Boulevard MUR Mill Creek,Washington 98012 DATE OF ISSUE: July 9, 1998 LOG NUMBER: 00-C3239-05 APPEALS-GENERAL INFORMATION 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 75.20.100, 75.20.103,75.20.106,AND 75.20.160: A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: (A) The denial or issuance of a 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 75.20.100 OR 75.20.106: 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. A request for a 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 inEhrrnal appeal. C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20.103 or 75.20.160: 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 be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office,4224 Sixth Avenue SE,Building Two-Rowe Six,Lacey,Washington 98504;telephone 360/459-6327. D. 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. Page 5 of 5 F7/LE CITY OF RENTON Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator July 2, 1998 Larry Fisher, Area Habitat Biologist Washington Dept. of Fish and Wildlife Region 4 - Meadow Creek Office Park 22516 SE 64th Place, E-240 Issaquah, WA 98027-8991 SUBJECT: REQUEST TO MODIFY HYDRAULIC PROJECT APPROVAL CONTROL NUMBER 00-C3239-04 MAPLEWOOD CREEK SEDIMENT BASIN AND FISH CHANNEL PROJECT Dear Mr. Fisher: Enclosed is a copy of the revised Maplewood Creek Fish Channel Plans for your review and modification of the existing HPA (copy attached). The plans were revised so the creek remains in its existing channel between the old clubhouse parking lot and the McCarty property. The revision was necessary because the creek formed part of the legal property line description for the McCarty property, and McCarty objected to the proposed plan to route the creek away from their property. The design of the fish ladder coming from the new sediment basin is the same as in the previous permit plans that were originally submitted and approved by you on June 26, 1996. Some minor fitting and design changes were made to accommodate the ladder to the new location. The fish ladder alignment was changed to the front of the sediment basin so low flow will be directed into the existing channel. The existing channel will be widened, the slopes stabilized, rocks and logs installed for habitat, and the sides will be revegetated with native vegetation. A new flow splitter structure is shown on the golf course. The design of the splitter structure and vertical slots was reviewed with Bruce Heiner (WDFW Olympia) as it was developed, and reflects Bruce's comments and the current state of the art. Downstream of the splitter structure, the fish channel is located along the same alignment as previously approved. More habitat logs and rock are shown than were included in the revised plans. One additional crossing (station 5+17) was included to allow golfers to cross between fairways. The typical channel cross-sections and grades are the same as previously designed. Soil borings were performed along the channel alignment and showed that soils under the channel would mainly be a silty material that would have a low permeability rate. Based on those results, it would not be necessary to install a low permeability liner under the entire channel. A low permeability liner will be placed in areas where the channel excavation encounters granular permeable soil (approx. sta. 3+90 to sta.. 5+60). The liner will be extended over any granular areas under the channel. t 200 Mill Avenue South - Renton, Washington 98055 Larry Fisher, Area Habitat Biologist i Washington Dept. of Fish and Wildlife July 2, 1996 Page 2 Unfortunately, the new design and calculations took longer than we anticipated and we are running into the construction season. We would like the time limit for construction within the OHWL to extend to October 31 (as in the existing HPA). I request that you expedite your review, and issue a modified HPA as quickly as possible. I would like to be able to issue the plans for bid on July 8, 1998, and start construction in early August. I apologize for the rushed request; our intent was to have the design completed sooner. If you have any question during your review, please call me at (425) 430-7248, or Daniel Carey at (425) 430-7293. We will try to answer any questions promptly so as not to delay the project further. appreciate your help with this matter. X:1<11 l Ron Straka, P.E., Engineering Supervisor Surface Water Utility Enclosures cc: Dan Carey Dana Post►ewait, Harza Engineering Company Ken Bates,WDFW H:DOCS:98-486/DWC:tb i 76y- 6go's d h fir 1 !:, -11 ova s a h ,;i ,C I ` I'lo fl r'c /"C9a /I'inyylr' ho��i��s U a lliw . MA- if o 1 t no t n"e Ao y -4. ek r a1�G c71. M_ � jv h�I-nee dc� /yi hit �a r Qwt ,�/ 1 L .� Y10 4ej 7 If W4.1 14. .►�>/y /Jft+�l A�1i G LD�I'4