HomeMy WebLinkAboutFINAL Issued 401 WQC - signedSTATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
Northwest Regional Office• 3190 160th Ave SE• Bellevue, WA 98008-5452 • 425-649-7000
711 for Washington Relay Service• Persons with a speech disability can ca/1877-833-6341
March 13, 2019
Rocale Timmons
SECO Development, Inc.
1083 Lake Washington Boulevard N., Suite 50
Renton, WA 98056
RE: Water Quality Certification Order #16140 for U.S. Army Corps of Engineers
(Corps) Public Notice #2016-552, Southport Bulkhead Repair and Float Installation
Project, Lake Washington, Renton, King County, Washington
Dear Rocale Timmons:
On June 6, 2016, you submitted a Joint Aquatic Resources Permit Application (JARPA) to the
Department of Ecology (Ecology) for a Section 401 Water Quality Certification (401
Certification) under the federal Clean Water Act for the proposed Southport Bulkhead Repair
and Float Installation project. A revised JARP A was submitted on April 21, 2017. A request to
withdraw and re-apply for a 401 Certification was submitted on February 9, 2018, and newly
revised JARPAs were submitted on June 20, 2018, and June 28, 2018. The Corps distributed a
joint public notice regarding the request for the above-referenced project, pursuant to the
provisions of Chapter 173-225 WAC, on July 31, 2018.
On behalf of the State of Washington, Ecology certifies the work described in the J ARP A and
the public notice complies with applicable provisions of Sections 301, 302, 303, 306, and 307 of
the Clean Water Act, as amended, and applicable state laws. This certification is subject to the
conditions contained in the enclosed Order.
If you have any questions, please contact Rebekah Padgett at ( 425) 649-7129. The enclosed
Order may be appealed by following the procedures described in the Order.
Sine/{._
Joe Burcar, Section Manager
Shorelands and Environmental Assistance Program
Enclosure
I
By certified mail: 9171 9690 0935 0206 7609 89
Cc: Andrew Shuckhart, Corps
Larry Fisher, Washington Department of Fish and Wildlife
Trina Sunderland, Washington Department of Natural Resources
Kenny Booth, The Watershed Company
E-cc: Misty Blair, Ecology
Evan Dobrowski, Ecology
Loree' Randall, Ecology
Karen Walter, Muckleshoot Indian Tribe
ecyrefedpermits@ecy. wa. gov
KWalter@muckleshoot.nsn.us
IN THE MATTER OF GRANTING A
WATER QUALITY
CERTIFICATION TO
SECO Development, Inc.
in accordance with 33 U.S.C. 1341
(FWPCA § 401), RCW 90.48.120, RCW
90.48.260 and Chapter 173-201A WAC
TO: SECO Development, Inc.
Attn: Rocale Timmons
) ORDER #16140
) Southport Bulkhead Repair and Float Installation
) Project; Lake Washington, Renton, King County,
) Washington.
)
)
)
1083 Lake Washington Boulevard N., Suite 50
Renton, WA 98056
On June 28, 2018, SECO Development, Inc. submitted a Joint Aquatic Resources Permit
Application (JARP A) to the Department of Ecology (Ecology) for a' Section 401 Water Quality
Certification. A public notice regarding the request was distributed by the U.S. Army Corps of
Engineers (Corps) for the above-referenced project pursuant to the provisions of Chapter 173-
225 WAC on July 31, 2018.
The project entails expansion of an existing bulkhead, installation of two new floats, creation of
a cove, installation ofbuoys and channel markers, removal of piling and floats, and installation
of a pumpout facility.
The project is located at 1083 Lake Washington Boulevard N., Renton, King County,
Washington, Lake Washington, Section 8, T. 23 N., R. 5E., WRIA 8.
AUTHORITIES:
In exercising authority under 33 U.S.C. § 1341, RCW 90.48.120, and RCW 90.48.260, Ecology
has examined this application pursuant to the following:
1. Conformance with applicable water quality..:based, technology-based, and toxic or
pretreatment effluent limitations as provided under 33 U.S.C. §§ 1311, 1312, 1313, 1316,
and 1317 (FWPCA §§ 301, 302, 303, 306, and 307).
2. Conformance with the state water quality standards contained in Chapter 173-201A
WAC and authorized by 33 U.S.C. § 1313 and by Chapter 90.48 RCW, and with other
applicable state laws.
3. Conformance with the provision of using all known, available, and reasonable methods to
prevent and control pollution of state waters as required by RCW 90.48.010.
WATER QUALITY CERTIFICATION CONDITIONS:
Order #16140, Corps Reference #NWS-2016-552
SECO Development, Inc.
March 13, 2019
Page 2 oflO
Through issuance ofthis Order, Ecology certifies it has reasonable assurance the activity as
proposed and conditioned will be conducted in a manner that will not violate applicable water
quality standards and other appropriate requirements of state law. In view of the foregoing and in
accordance with 33 U.S.C. § 1341, RCW 90.48.120, RCW 90.48.260 Chapter 173-200 WAC
and Chapter 173-201A WAC, water quality certification is granted to the Applicant subject to
the conditions within this Order.
Certification of this proposal does not authorize the Applicant to exceed applicable state water
quality standards (Chapter 173-201A WAC), ground water standards (Chapter 173-200 WAC),
or sediment quality standards (Chapter 173-204 WAC). Furthermore, nothing in this certification
shall absolve the Applicant from liability for contamination and any subsequent cleanup of
surface waters, ground waters, or sediments occurring as a result of project construction or
operations.
A. General Conditions:
Al. For purposes of this Order, the term "Applicant" shall mean SECO Development, Inc.
and its agents, assignees, and contractors.
A2. All submittals required by this Order shall be sent to Ecology's Northwest Regional
Office, Attn: 401/CZM Federal Permit Manager, Shorelands and Environmental
Assistance Program, 3190 160th Avenue SE, Bellevue, WA 98008, OR via email to
fednotification@ecy.wa.gov and cc: Rebekah.Padgett@ecy.wa.gov. The submittals shall
be identified with Order #16140 and include the Applicant name, project name, project
contact, and the contact's phone number.
A3. Work authorized by this Order is limited to the work described in the JARP A received by
Ecology on June 28, 2018, and the following documents:
• Sheets 1 of 19 through 12 of 19, dated April 18, 2017.
• Sheets 13of19 and 14of19, dated April 10, 2017.
• Revised restoration plans: Sheets WI of 6 through W6 of 6, and W4 of 4, dated
September 4, 2018.
The Applicant shall obtain Ecology review and approval before undertaking any changes
to the proposed project that might significantly and adversely affect water quality, other
than those project changes required by this Order.
A4. Within 30 days of receipt of updated information, Ecology will determine ifthe revised
project requires a new water quality certification and public notice or if a modification to
this Order is required.
AS. This Order shall be rescinded if the Corps does not issue an individual Section 404 and
10 permit.
Order #16140, Corps Reference #NWS-2016-552
SECO Development, Inc.
March 13, 2019
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A6. The Applicant shall provide to Ecology's 401/CZM Federal Permit Manager a copy of
the final Corps permit within two (2) weeks of receipt. A copy shall be submitted per
condition A2 above.
A7. Copies of this Order shall be kept on the job site and readily available for reference by
Ecology personnel, the construction superintendent, construction managers and lead
workers, and state and local government inspectors.
AS. The Applicant shall provide access to the project site and all mitigation sites upon request
by Ecology personnel for site inspections, monitoring, necessary data collection, and/or
to ensure conditions of this Order are being met.
A9. Nothing in this Order waives Ecology's authority to issue additional orders if Ecology
. determines further actions are necessary to implement the water quality laws of the state.
Further, Ecology retains continuing jurisdiction to make modifications hereto through
supplemental order, if additional impacts due to project construction or operation are
identified (e.g., violations of water quality standards, downstream erosion, etc.), or if
additional conditions are necessary to further protect water quality.
AlO. The Applicant shall provide to Ecology a signed statement (see Attachment A for an
example) that s/he has read and understands the conditions of this Order and any permits,
plans, documents, and approvals referenced herein. The signed statement shall be
submitted to Ecology per Condition A2 at least seven days prior to start of in-water work.
All. The Applicant shall ensure all project engineers, contractors, and other workers at the
project site with authority to direct work have read and understand the conditions of this
Order and any permits, plans, documents, and approvals referenced in the Order.
Al2. This Order does not authorize direct, indirect, permanent, or temporary impacts to waters
of the state (including wetlands) or related aquatic resources, except as specifically
provided for in conditions ofthis Order.
A13. Failure of any person or entity to comply with this Order may result in the issuance of
civil penalties or other actions, whether administrative or judicial, to enforce its terms.
B. Project Mitigation Conditions:
Bl. The Applicant implement the SECO Shoreline Restoration Plan, Sheets Wl through W6,
prepared by The Watershed Company, dated September 4, 2018 [hereafter referred to as
"Mitigation Plan"], or as modified by this Order or revised and approved by Ecology.
B2. The Applicant shall submit any changes to the Mitigation Plan in writing to Ecology (see
A2) for review and approval prior to implementing the change.
Order #16140, Corps Reference #NWS-2016-552
SECO Development, Inc.
March 13, 2019
Page4of10
B3. The Applicant shall submit an As-Built Report per Condition A2 within 90 days of
completion of construction, describing any changes in construction related to the
mitigation components, and including photos of the plantings, gravel/sand fill, and large
woody debris·.
B4. The Applicants shall submit monitoring reports annually, by December 31 of each year,
to Ecology (see A2) documenting mitigation site conditions for years 1, 2, 3, 4, and 5.
The reports shall include monitoring results for the plants and gravel/sand, including the
volume, area, type of material, and photos. The reports shall include a discussion on
whether the Mitigation Plan's goals, objectives, or performance standards are being met.
B5. If the Applicant has not met all conditions, including performance standards for the
mitigation site, at the end of the monitoring period, Ecology may require additional
monitoring, additional mitigation, or both.
C. Water Quality Monitoring Conditions:
Cl. The Applicant shall monitor water quality during in-water construction according to the
Water Quality Monitoring and Protection Plan, SECO -Southport Bulkhead Repair and
Float Installation, Renton, WA, prepared by The Watershed Company, dated February
2019 [hereafter referred to as "Water Quality Monitoring Plan"], or as modified bythis
Order or revised and approved by Ecology.
C2. Results of water quality sampling and notification of exceedances shall be submitted to
Ecology per Condition A2.
C3. Mitigation and/or additional monitoring may be required ifthe monitoring results
indicate the water quality standards have not been met.
D. Conditions for Construction Activities:
General Conditions:
D 1. Construction storm water, sediment, and erosion control best management practices
(BMPs; e.g., filter fences, etc.) suitable to prevent exceedances of state water quality
standards shall be in place before starting construction at the site.
D2. Sediment and erosion control measures shall be inspected and maintained prior to and
during project implementation.
D3. All construction debris shall be properly disposed of in a manner to prevent it from
entering the waters of the state.
Order #16140, Corps Reference #NWS-2016-552
SECO Development, Inc.
March 13, 2019
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D4. Machinery and equipment used during construction shall be serviced, fueled, and
maintained upland, Unless otherwise approved by Ecology, in order to prevent
contamination to any surface water.
D5. Wash water containing oils, grease, or other hazardous materials resulting from wash
down of equipment or working areas shall be contained for proper disposal, and shall not
be discharged into state waters or storm drains.
In-Water Conditions:
D6. Work in or near the water that may affect fish migration, spawning, or rearing shall cease
immediately upon a determination by Ecology that fisheries resources may be adversely
affected.
D7. All manmade debris deposited below the Ordinary High Water Line within the
construction work area shall be removed and disposed of upland such that it does not
enter waters of the state. Concrete rubble, metal debris, and other debris in the
construction work corridor that have washed into lake areas shall be removed from the
project area.
D8. If cast in place, wet concrete/grout shall be prevented from entering waters of the state.
Forms for any concrete/ grout structure shall be constructed to prevent leaching of wet
concrete/grout. Impervious materials shall be placed over any exposed concrete/grout not
lined with the forms that will come in contact with state waters. Forms and impervious
materials shall remain in place until the concrete/grout is fully cured.
D9. Concrete delivery systems situated over water shall be inspected daily to prevent any
discharges of concrete and/or slurry water into waters of the state.
D 10. Concrete process water shall not be allowed to enter waters of the state. Any process
water/contact water shall be routed to a contained area for treatment and shall be disposed
of at an upland location.
Dl 1. Clean Fill Criteria: Applicant shall ensure fill (sand~ gravel, or other material) placed for
the proposed project does not contain toxic materials in toxic amounts.
D 12. Flotation for the structure shall be fully enclosed and contained in order to prevent the
breakup or loss of flotation material into the water.
D13. Use of a turbidity curtain shall include proper deployment and maintenance during in-
water activities in order to minimize turbidity and re-suspension.
DJ4. The Applicant shall operate the barge(s) and tug in deep water so as to minimize
nearshore propeller wash impacts, such as suspension of nearshore sediments.
D 15. Barges and other work vessels shall not be allowed to ground out during construction.
Order #16140, Corps Reference #NWS-2016-552
SECO D@elopment, Inc ..
March 13, 2019
Page 6 oflO
Dl6. Project activities shall be conducted to minimize siltation of the beach area and bed.
Piling Removal Conditions:
D 17. Approximately 1 79 wood piles shall be removed. Piling shall be removed by vibratory
extraction where possible. If piles break during removal and cannot be removed by
vibratory extraction or pulling, the piling shall be cut two feet below the mudline.
Dl8. Piles, stubs, debris, and all associated excavated sediments shall be contained and
prevented from entering waters of the state.
Dl9. Piles removed from substrate: the pile shall be moved immediately from the water into
the barge or onto uplands. The pile or debris shall not be shaken, hosed-off, left hanging
to drip, or any other action intended to clean or remove adhering material from the pile.
D20. Work surface on the barge deck or on uplands shall include a containment basin for piles
and any sediment removed during pulling of the piling or debris. Basins may be
constructed of durable plastic sheeting with sidewalls supported by hay bales or support
structure to contain all sediment.
D2 l. The piles and any sediment removed during pulling of the piling shall be disposed of at
an approved upland disposal site.
Piling and Sheetpile Driving:
D22. The four piling and sheetpile shall be installed using a vibratory hammer whenever
possible.
E. Operational Conditions
El. The Applicant shall limit use of floats and other facilities by motorized vessels in
shallow-water-depth areas in order to minimize nearshore propeller wash impacts, such
as suspension of nearshore sediments.
F. Timing Requirements
Fl. In-water work shall be conducted between the following dates of each year, unless
otherwise approved by Ecology:
• July 16 through July 31, and
• November 16 through December 31.
F2. This Order is valid until all compliance requirements in the Order have been met and the
applicant has received written notification from Ecology to that effect.
Order #16140, Corps Reference #NWS-2016-552
SECO Development, Inc.
G. Reporting and Notification Requirement Conditions
Gl. Applicant shall provide notice to Ecology per Condition A2:
March 13, 2019
Page 7 oflO
• ··At least three (3) days prior to the start of initial construction and any construction
to be conducted in following years.
• Within 14 days after completion of initial construction at the project site and any
construction conducted in following years.
• Immediately after any work that is out of compliance with the provisions of this
Order.
G2. If the project construction is not completed within 13 months of issuance of this Order,
the Applicant shall submit per Condition A2 a written construction status report and
submit status reports every 12 months until construction and mitigation plantings are
completed.
H. Emergency/Contingency Measures:
Hl. The Applicant shall develop and implement a Spill Prevention and Containment Plan for
all aspects of this project.
H2. The Applicant shall have adequate and appropriate spill response materials on hand to
respond to emergency release of petroleum products or any other material into waters of
the state.
H3. Fuel hoses, oil drums, oil or fuel transfer valves and fittings, etc., shall be checked
regularly for drips or leaks, and shall be maintained and stored properly to prevent spills
into state waters.
H4. Any work that is causing distressed or dying fish, or any discharge of oil, fuel, or
chemicals into state waters, or onto land with a. potential for entry into state waters, is
prohibited. If these occur, the Applicant shall immediately take the following actions:
a. Cease operations at the location of the violation or spill.
b. Assess the cause of the water quality problem and take appropriate measures to
correct the problem and/or prevent further environmental damage.
c. Notify Ecology of the failure to comply. All oil spills shall be reported immediately
to Ecology's 24-Hour Spill Response Team at 1-800-258-5990, and within 24 hours
of spills or other events to Ecology's 401/CZM Federal Permit Manager at ( 425) 649-
7129 or (425) 649-7000.
Order #16140, Corps Reference #NWS-2016-552
SECO Development, Inc.
March 13, 2019
Page 8 o/10
d. Submit a detailed written report to Ecology within five days that describes the nature
of the event, corrective action taken and/or planned, steps to be taken to prevent a
recurrence, results of any samples taken, and any other pertinent information.·
Compliance with this condition does not relieve the Applicant from responsibility to
maintain continuous compliance with the terms and conditions of this Order or the
resulting liability from failure to comply.
You have a right to appeal this Order to the Pollution Control Hearing Board (PCHB) within 30
days of the date ofreceipt of this Order. The appeal process is governed by Chapter 43.21B
RCW and Chapter 371-08 WAC. "Date ofreceipt" is defined in RCW 43.21B.001(2).
To appeal you must do both of the following within 30 days of the date ofreceipt ofthis Order:
File your appeal and a copy of this Order with the PCHB. (See addresses below.) Filing means actual receipt by
the PCHB during regular business hours.
Serve a copy of your appeal and this Order on Ecology in paper form -by mail or in person. (See addresses
below.) Email is not accepted.
You must also comply with other applicable requirements in Chapter 43.21B RCW ahd Chapter
371-08 WAC.
Department of Ecology
Attn: Appeals Processing Desk
300 Desmond Drive SE
Lacey, WA 98503
Pollution Control Hearings Board
1111 Israel Road SW
STE 301
Tumwater, WA 98501
Department of Ecology
Attn: Appeals Processing Desk
PO Box47608
Olympia, WA 98504-7608
Pollution Control Hearings Board
PO Box 40903
Olympia, WA 98504-0903
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Please direct all questions about this Order to:
Rebekah Padgett
Department of Ecology
Northwest Regional Office
3190 1601h A venue SE
Bellevue, WA 98008
Order #16140, Corps Reference #NWS-2016-552
SECO Development, Inc.
(425) 649-7129
rebekah.padgett@ecy. wa. gov
Pollution Control Hearings Board Website
www.eluho.wa.gov/Board/PCHB
March 13, 2019
Page 9 of IO
Chapter 43.21B RCW -Environmental and Land Use Hearings Office-Pollution
Control Hearings Board
apps.leg. wa.gov/RCW /default.aspx?cite=43 .21 B
Chapter 371-08 WAC-Practice and Procedure
apps.leg.wa.gov/WAC/default.aspx?cite=371-08
Chapter 90.48 RCW -Water Pollution Control
apps.leg.wa.gov/RCW /default.aspx?cite=90.48
Chapter 173-204 WAC -Sediment Management Standards
app.leg.wa.gov/WAC/defalilt.aspx?cite=l 73-204
Chapter 173-200 WAC-Water Quality Standards for Ground Waters of the State of
Washington
apps.leg.wa.gov/W AC/default.aspx?cite=l 73-200
Chapter 173-201A WAC-Water Quality Standards for Surface Waters of the State of
Washington
apps.leg.wa.gov/wac/default.aspx?cite=l 73-201a
ar, Section Manager Date
Shorer nds and Environmental Assistance Program
Northwest Regional Office
Order #16140, Corps Reference #NWS-2016-552
SECO Development, Inc.
ATTACHMENT A
Statement of Understanding of
Water Quality Certification Conditions
March 13, 2019
Page IO of IO
SOUTHPORT BULKHEAD REP AIR AND FLOAT INSTALLATION PROJECT
SECO DEVELOPMENT, INC -
Water Quality Certification Order #16140
As the Applicant for the Southport Bulkhead Repair and Float Installation project, I have read
and understand the conditions of Washington State Department of Ecology Order #16140, and
any permits, plans, documents, and approvals referenced in the Order.
I have and will continue to ensure that all project engineers, contractors, and other workers at the
project site with authority to direct work have read and understand the conditions of this Order
and any permits, plans, documents, and approvals referenced in the Order.
JR tlf /kJ-NN1/u&.. f /)ev 12~ ra2-9z53
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