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Home My WebLink AboutWWP273549 (4)Washington Department of FISH and WILDLIFE HYDRAULIC PROJECT APPROVAL RCW 77 55 021 - See appeal process at end of HPA Issue Date: March 25, 2013 Project Expiration Date: February 20, 2017 PERMITTEE City of Renton Public Works ATTENTION: Dave Christensen 1055 S Grady Wy Renton, WA 98057 425-430-7241 Control Number: FPA/Public Notice #: North Puget Sound 16018 Mill Creek Boulevard Mill Creek. WA 98012-1296 (425)775-1311 125270-2 N/A AUTHORIZED AGENT OR CONTRACTOR ESA ATTENTION: Sara Noland 5309 Shilshole Ave NW Ste 200 Seattle, WA 98107 206-789-9658 Project Name: East Renton Lift Station Elimination Project Description: Convert a portion of the City of Renton sewer system from a pumped system to a gravity sewer system; includes a temporary culvert and a new conduit crossing in the upper reach of Stewart Creek, PROVISIONS 1. TIMING LIMITATIONS: The project may begin immediately and shall be completed by February 20, 2017, provided work within the ordinary high water line (OHWL) of Stewart Creek shall occur only between June 1 and September 30. 2. NOTIFICATION REQUIREMENT: The Area Habitat Biologist (AHB) listed below (e-mail to fisheldf@dfw.wa.gov) and the Enforcement Program Officer (e-mail to capeljic@dfw.wa.gov) shall receive e-mail notification from the person to whom this Hydraulic Project Approval (HPA) is issued (permittee or authorized agent) no less than three working days prior to start of work, and again within seven days of completion of work to arrange a compliance inspection. The notification shall include the permittee's name, project location, starting date of work or completion date of work, and the control number of this HPA. 3. Work shall be accomplished per plans and specifications approved by the Washington Department of Fish and Wildlife entitled, "PROPOSED: East Renton Lift Station Elimination - remove existing pump station and install gravity sewer line", dated July 2011; "EAST RENTON LIFT STATION ELIMINATION Stream and Buffer Mitigation Plan", dated July 2011: and sheets L- 01 - L-03 dated March 2013 (These cover the large wood installation and buffer enhancement and stream restoration planting details.), except as modified by this HPA. A copy of these plans shall be available on site during construction. 4. A temporary culvert may be used as a bypass to divert flow around the work area and shall be in place prior to initiation of other work in the wetted perimeter. 5. A sandbag revetment or similar device shall be installed at the bypass inlet to divert the entire flow through the bypass. & A sandbag revetment or similar device shall be installed at the downstream end of the bypass to prevent backwater from entering the work area. Page 1 of 5 r.. Washington HYDRAULIC PROJECT APPROVAL North Puget Sound t Department of 16018 Mill Creek Boulevard FISH and RCW 77.55.021 - See appeal process at end of HPA Mill Creek, WA 98012-1296 WILDLIFE (425) 775-1311 Issue Date: March 25, 2013 Control Number: 125270-2 Project Expiration Date: February 20, 2017 FPA/Public Notice #: N/A 7. The bypass shall be of sufficient size to pass all flows and debris for the duration of the project. 8. Prior to releasing the water flow to the project area, all instream work shall be completed. 9. Upon completion of the project, all material used in the temporary bypass shall be removed from the site and the site returned to preproject or improved habitat conditions. CONDUIT INSTALLATION 10. Conduit alignment shall be as nearly perpendicular to the stream as possible. 11. The conduit shall be installed at sufficient depth so that subsequent disturbance of the streambed is avoided. 12. Trenches shall be backfilled with native streambed materials, and the streambed shall be returned to preproject or improved habitat conditions. 13. Excess spoils shall be disposed of so they will not re-enter the stream. 14. The conduit approach trench shall be isolated from the stream until laying of the conduit across the stream occurs. LARGE WOODY MATERIAL 15. Large woody material shall be placed or anchored to provide stable, functional habitat. COMMON PROVISIONS 16. Disturbance of the streambed and banks and their associated vegetation shall be limited to that necessary to perform the project. Affected streambed and bank areas shall be restored to preproject or improved habitat configuration. Prior to December 31 of the year of conduit installation, the disturbed areas of vegetation shall be revegetated with native or other woody species per the approved plans (Provision 3). Plantings shall be maintained as necessary for three or more years to ensure 80 percent or greater survival of each species or a contingency species approved by the AHB. 17. 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), immediate notification shall be made to the Washington Emergency Management Division at 1-800-258-5990, and to the AHB. 18. 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. Page 2 of 5 y Washington HYDRAULIC PROJECT APPROVAL North Sound Mill Department of 16018 Mill Creek Boulevard FISH and RCW 77.55.021 - See appeal process at end of HPA Mill Creek, WA 98012-1296 WILDLIFE (425) 775-1311 Issue Date: March 25, 2013 Control Number: 125270-2 Project Expiration Date: February 20, 2017 FPA/Public Notice #: N/A 19. Prior to starting work, the selected erosion control methods (Provision 17) shall be installed. Accumulated sediments shall be removed during the project and prior to removing the erosion control methods after completion of work. 20. Wastewater from project activities and water removed from within the work area shall be routed to an area landward of the ordinary high water line to allow removal of fine sediment and other contaminants prior to being discharged to the stream or wetlands associated with the stream. 21. All waste material such as construction debris, silt, excess dirt or overburden resulting from this project shall be deposited above the limits of floodwater in an approved upland disposal site. 22. 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 or wetlands associated with the stream. BN1111d This HPA is a modification of and supercedes the original HPA issued February 21, 2012 for this project. PROJECT LOCATIONS Location #1 East Renton Lift Station WORK START: March 25, 2013 WORK END: February 20, 2017 WRIA: Waterbody: butary t CedarR 08.0307 Unnamed iver 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: SW 1/4 i 14 23 N 105E N 47.48034 W 122.142901 King Location #1 Driving Directions Upper section of Stewart Creek, accessed through an easement --see DARPA for directions. APPLY TO ALL HYDRAULIC PROJECT APPROVALS This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW (formerly RCW 77.20). Additional authorization from other public agencies may be necessary for this project. The person(s) to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies (local, state and/or federal) that may be necessary for this project. This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work. Page 3 of 5 Washington HYDRAULIC PROJECT APPROVAL North Puget Sound Department of 16018 Mill Creek Boulevard FISH and RCW 77.55,021 - See appeal process at end of HPA Mill Creek, WA 98012-1296 WILDLIFE (425) 775-1311 Issue Date: March 25, 2013 Control Number: 125270-2 Project Expiration Date: February 20, 2017 FPA/Public Notice #: N/A This Hydraulic Project Approval does not authorize trespass. The person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work may be held liable for any loss or damage to fish life or fish habitat that 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 and/or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued under RCW 77.55.021 are subject to additional restrictions, conditions, or revocation if the Department of Fish and Wildlife determines that changed conditions require such action. The person(s) to whom this Hydraulic Project Approval is issued has the right to appeal those decisions. Procedures for filing appeals are listed below. MINOR MODIFICATIONS TO THIS HPA: You may request approval of minor modifications to the required work timing or to the plans and specifications approved in this HPA. A minor modification to the required work timing means up to a one -week deviation from the timing window in the HPA when there are no spawning or incubating fish present within the vicinity of the project. You may request subsequent minor modifications to the required work timing. A minor modification of the plans and specifications means any changes in the materials, characteristics or construction of your project that does not alter the project's impact to fish life or habitat and does not require a change in the provisions of the HPA to mitigate the impacts of the modification. Minor modifications do not require you to pay additional application fees or be issued a new HPA. To request a minor modification to your HPA, submit a written request that clearly indicates you are requesting a minor modification to an existing HPA. Include the HPA number and a description of the requested change and send by mail to: Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234, or by email to HPAapplications@dfw.wa.gov. Do not include payment with your request. You should allow up to 45 days for the department to process your request. MAJOR MODIFICATIONS TO THIS HPA: You may request approval of major modifications to any aspect of your HPA. Any approved change other than a minor modification to your HPA will require issuance of a new HPA. If you paid an application fee for your original HPA you must include payment of $150 with your written request or request billing to an account previously established with the department. If you did not pay an application fee for the original HPA, no fee is required for a change to it. To request a major modification to your HPA, submit a written request that clearly indicates you are requesting a major modification to an existing HPA. Include the HPA number, check number or billing account number, and a description of the requested change. Send your written request and payment, if applicable, by mail to: Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234. If you are charging the fee to a billing account number or you are not subject to the fee, you may email your request to HPAapplications@dfw.wa.gov. You should allow up to 45 days for the department to process your request. APPEALS INFORMATION If you wish to appeal the issuance, denial, conditioning, or modification of a Hydraulic Project Approval (HPA), Washington Department of Fish and Wildlife (WDFW) recommends that you first contact the department employee who issued or denied the HPA to discuss your concerns. Such a discussion may resolve your concerns without the need for further appeal action. If you proceed with an appeal, you may request an informal or formal appeal. WDFW encourages you to take advantage of the informal appeal process before initiating a formal appeal. The informal appeal process includes a review by department management of the HPA or denial and often resolves issues faster and with less legal complexity than the formal appeal process. If the informal appeal process does not resolve your concerns, you may advance your appeal to the formal process. You may contact the HPA Appeals Coordinator at (360) 902-2534 for more information. A. INFORMAL APPEALS: WAC 220-110-340 is the rule describing how to request an informal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete informal appeal procedures. The following information summarizes that rule. Page 4 of 5 i. Washington HYDRAULIC PROJECT APPROVAL North Puget Sound Department of 16018 Mill Creek Boulevard FISH and RCW 77.55.021 - See appeal process at end of HPA Mill Creek, WA 98012-1296 WILDLIFE (425) 775-1311 Issue Date: March 25, 2013 Control Number: 125270-2 Project Expiration Date: February 20, 2017 FPA/Public Notice #: NIA A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request an informal appeal of that action. You must send your request to WDFW by mail to the Washington Department of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia, Washington 98501-1091; e-mail to HPAapplications@dfw.wa.gov; fax to (360) 902-2946; or hand -delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. WDFW must receive your request within 30 days from the date you receive notice of the decision. If you agree, and you applied for the HPA, resolution of the appeal may be facilitated through an informal conference with the WDFW employee responsible for the decision and a supervisor. If a resolution is not reached through the informal conference, or you are not the person who applied for the HPA, the HPA Appeals Coordinator or designee will conduct an informal hearing and recommend a decision to the Director or designee. If you are not satisfied with the results of the informal appeal, you may file a request for a formal appeal. B. FORMAL APPEALS: WAC 220-110-350 is the rule describing how to request a formal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete formal appeal procedures. The following information summarizes that rule. A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request a formal appeal of that action. You must send your request for a formal appeal to the clerk of the Pollution Control Hearings Boards and serve a copy on WDFW within 30 days from the date you receive notice of the decision. You may serve WDFW by mail to the Washington Department of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia, Washington 98501-1091; e-mail to HPAapplications@dfw.wa.gov; fax to (360) 902-2946; or hand -delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. The time period,for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, you may request a formal appeal within 30 days from the date you receive the Director's or designee's written decision in response to the informal appeal. C. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS: If there is no timely request for an appeal, the WDFW action shall be final and unappealable. ENFORCEMENT: Sergeant Chandler (34) P3 Habitat Biologist 0, 1, for Director Larry Fisher 425-313-5683 13 WDFW CC: Page 5 of 5 Washington HYDRAULIC PROJECT APPROVAL Department of FISH and RCW 77.55.021 - See appeal process at end of HPA WILDLIFE Issue Date: February 21, 2012 Control Number: Project Expiration Date: February 20, 2017 FPA/Public Notice #: PERMITTEE City of Renton Public Works ATTENTION: Dave Christensen 1055 S Grady Wy Renton, WA 98057 425-430-7241 North Puget Sound 16018 Mill Creek Boulevard Mill Creek, WA 98012-1296 (425) 775-1311 125270-1 N/A AUTHORIZED AGENT OR CONTRACTOR ESA ATTENTION: Sara Noland 5309 Shilshole Ave NW Ste 200 Seattle, WA 98107 206-789-9658 RECEI ED FEB 2 4 2 12 r CITY OF RENTON Project Name: East Renton Lift Station Elimination UTILITY SYSTEMS Project Description: Convert a portion of the City of Renton sewer system from a pumped system to a gravity sewer system; includes a temporary culvert and a new conduit crossing in the upper reach of Stewart Creek. PROVISIONS 1. TIMING LIMITATIONS: The project may begin immediately and shall be completed by February 20, 2017, provided work within the ordinary high water line (OHWL) of Stewart Creek shall occur only between June 1 and September 30. 2. NOTIFICATION REQUIREMENT: The Area Habitat Biologist (AHB) listed below (e-mail to fisheldf@dfw.wa.gov) and the Enforcement Program Officer (e-mail to capeIjIc@dfw.wa.gov) shall receive e-mail notification from the person to whom this Hydraulic Project Approval (HPA) is issued (permittee or authorized agent) no less than three working days prior to start of work, and again within seven days of completion of work to arrange a compliance inspection. The notification shall include the permittee's name, project location, starting date of work or completion date of work, and the control number of this HPA. '1 b^dork shall be accomplished per plans and specifications approved by the 1^:ashi-ton Department of Fish and Wildlife entitled, "PROPOSED: East Renton Lift Station Elimination - remove existing pump station and install gravity sewer line", dated July 2011, and "EAST RENTON LIFT STATION ELIMINATION Stream and Buffer Mitigation Plan", dated July 2011, except as modified by this HPA. A copy of these plans shall be available on site during construction. 4. A temporary culvert may be used as a bypass to divert flow around the work area and shall be in place prior to initiation of other work in the wetted perimeter. 5. A sandbag revetment or similar device shall be installed at the bypass inlet to divert the entire flow through the bypass. 6. A sandbag revetment or similar device shall be installed at the downstream end of the bypass to prevent backwater from entering the work area. -r J N T 9 U, 1 Page 1 of 5 Washington HYDRAULIC PROJECT APPROVAL Department of f1 FISH and RCW 77.55.021 - See appeal process at end of HPA WILDLIFE Issue Date: February 21, 2012 Control Number: Project Expiration Date: February 20, 2017 FPA/Public Notice #: North Puget Sound 16018 Mill Creek Boulevard Mill Creek, WA 98012-1296 (425) 775-1311 125270-1 N/A 7. The bypass shall be of sufficient size to pass all flows and debris for the duration of the project. 8. Prior to releasing the water flow to the project area, all instream work shall be completed. 9. Upon, completion of the project, all material used in the temporary bypass shall be removed from the site and the site returned to preproject or improved habitat conditions. CONDUIT INSTALLATION 1.0. Conduit alignment shall be as nearly perpendicular to the stream as possible. 11. The conduit shall be installed at sufficient depth so that subsequent disturbance of the streambed is avoided. 12. Trenches shall be backfilled with native streambed materials, and the streambed shall be returned to preproject or improved habitat conditions. 13. Excess spoils shall be disposed of so they will not re-enter the stream. 14. The conduit approach trench shall be isolated from the stream until laying of the conduit across the stream occurs. COMMON PROVISIONS 15. Disturbance of the streambed and banks and their associated vegetation shall be limited to that necessary to perform the project. Affected streambed and bank areas shall be restored to preproject or improved habitat configuration. Prior to December 31 of the year of conduit installation, the disturbed areas of vegetation shall be revegetated with native or other woody species per the approved plans (Provision 3). Plantings shall be maintained as necessary for three or more years to ensure 80 percent or greater survival of each species or a contingency species approved by the AHB. 16. 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), immediate notification shall be made to the Washington Emergency Management Division at 1-800-258-5990, and to the AHB. 17. 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. 18. Prior to starting work, the selected erosion control methods (Provision 17) shall be installed. Accumulated sediments shall be removed during the project and prior to removing the erosion control methods after completion of work. Page 2 of 5 t *-WILDLIFE Washington HYDRAULIC PROJECT APPROVAL Department of FISH and RCW 77.55.021 - See appeal process at end of HPA Issue Date: February 21, 2012 Control Number: Project Expiration Date: February 20, 2017 FPA/Public Notice #: North Puget Sound 16018 Mill Creek Boulevard Mill Creek, WA 98012-1296 (425) 775-1311 125270-1 N/A 19. Wastewater from project activities and water removed from within the work area shall be routed to an area landward of the ordinary high water line to allow removal of fine sediment and other contaminants prior to being discharged to the stream or wetlands associated with the stream. 20. All waste material such as construction debris, silt, excess dirt or overburden resulting from this project shall be deposited above the limits of floodwater in an approved. upland disposal site. 21. 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 or wetlands associated with the stream. PROJECT LOCATIONS Location #1 WORK START: February 21, 2012 IWORK END: February 20, 2017 WRIA: Waterbody: Tributary to: 08.0307 Unnamed Cedar River 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: SW 1 /4 �14 23 N �05 E N 47.48034 W 122.142901 King Location #1 Driving Directions Upper section of Stewart Creek, accessed through an easement --see JARPA-for directions. APPLY TO ALL HYDRAULIC PROJECT APPROVALS This Hvdraulic,Proiect Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW (formerly RCW 77.20). Additional authorization from other public agencies may be necessary for this project. The person(s) to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies (local, state and/or federal) that may be necessary for this project. This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person(s) to whom this Hydraulic Project Approval is issued 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 and operator(s) performing the work may be held liable for any loss or damage to fish life or fish habitat that 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 and/or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. Page 3 of 5 Washington HYDRAULIC PROJECT APPROVAL Department of FISH and RCW 77.55.021 - See appeal process at end of HPA WILDLIFE Issue Date: February 21, 2012 Control Number: Project Expiration Date: February 20, 2017 FPA/Public Notice #: North Puget Sound 16018 Mill Creek Boulevard Mill Creek, WA 98012-1296 (425) 775-1311 125270-1 N/A All Hydraulic Project Approvals issued under RCW 77.55.021 are subject to additional restrictions, conditions, or revocation if the Department of Fish and Wildlife determines that changed conditions require such action. The person(s) to whom this Hydraulic Project Approval is issued has the right -to appeal those decisions. Procedures for filing appeals are listed below. Requests for any change to an unexpired HPA must be made in writing. Requests for new HPAs must be made by submitting a new complete application. Send your requests to the department by: mail to the Washington Department of Fish and Wildlife, Habitat Program, 600 Capitol Way North, Olympia, Washington 98501-1091; e-mail to HPAapplications@dfw.wa.gov; fax to (360) 902-2946; or hand -delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. . APPEALS INFORMATION If you wish to appeal the issuance, denial, conditioning, or modification of a Hydraulic Project Approval (HPA), Washington Department of Fish and Wildlife (WDFW) recommends that you first contact the department employee who issued or denied the HPA to discuss your concerns. Such a discussion may resolve your concerns without the need for further appeal action. If you proceed with an appeal, you may request an informal or formal appeal. WDFW encourages you to take advantage. of the informal appeal process before initiating a formal appeal. The informal appeal process includes a review by department management of the HPA or denial and often resolves issues faster and with less legal complexity than the formal appeal process. If the informal appeal process does not resolve your concerns, you may advance your appeal to the formal process. You may contact the HPA Appeals Coordinator at (360) 902-2534 for more information. A. INFORMAL APPEALS: WAC 220-110-340 is the rule describing how to request an informal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete informal appeal procedures. The following information summarizes that rule. A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request an informal appeal of that action. You must send your request to WDFW by mail to the Washington Department of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia, Washington 98501-1091; e-mail to HPAapplications@dfw.wa.gov; fax to (360) 902-2946; or hand -delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. WDFW must receive your request within 30 days from the date you receive notice of the decision. If you agree, and you applied for the HPA, resolution of the appeal may be facilitated through an informal conference with the WDFW employee responsible for the decision and a supervisor. If a resolution is not reached through the informal conference, or you are not the person who applied for the HPA, the HPA Appeals Coordinator or designee will conduct an informal hearing and recommend a decision to the Director or designee. If you are not satisfied with the results of the informal appeal, you may file a request for a formal appeal. B. FORMAL APPEALS: WAC 220-110-350 is the rule describing how to request a formal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete formal appeal procedures. The following information summarizes that rule. A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request a formal appeal of that action. You must send your request for a formal appeal to the clerk of the Pollution Control Hearings Boards and serve a copy on WDFW within 30 days from the date you receive notice of the decision. You may serve WDFW by mail to the Washington Department of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia, Washington 98501-1091; e-mail to HPAapplications@dfw.wa.gov; fax to (360) 902-2946; or hand -delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, you may request a formal appeal within 30 days from the date you receive the Director's or designee's written decision in response to the informal appeal. Page 4 of 5 Washington HYDRAULIC PROJECT APPROVAL North Puget Sound Department of 16018 Mill Creek Boulevard FISH and RCW 77.55.021 - See appeal process at end of HPA Mill Creek, WA 98012-1296 WILDLIFE (425) 775-1311 Issue Date: February 21, 2012 Control Number: 125270-1 Project Expiration Date: February 20, 2017 FPA/Public Notice #: N/A C. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS: If there is no timely request for an appeal, the WDFW action shall be final and unappealable. ENFORCEMENT: Sergeant Chandler (34) P3 Habitat Biologist �. for Director Larry Fisher 425-313-5683"" X"' WDFW CC: Page 5 of 5 X. STATf J � �= NOV 0 4 2011 3yd 1889 �pY State of Washington CITY OF RENTON Department of Fish and Wildlife UTILITY SYSTEMS Mailing Address: Habitat Program, 600 Capitol Way N, Olympia WA 98501-1091 Main Office Location: Natural Resources Building, 1111 Washington Street SE, Olympia WA November 2, 2011 City of Renton Public Works Dave Christensen 1055 S Grady Way Renton, Washington 98057 Dear Mr. Christensen: SUBJECT: INCOMPLETE HPA APPLICATION FOR EAST RENTON LIFT STATION ELIMINATION PROJECT, STEWART CREEK, TRIBUTARY TO CEDAR RIVER (WRIA 08.0307) IN KING COUNTY, WDFW LOG NO. 125270-1 On October 21, 2011, I received your application for a Hydraulic Project Approval (HPA) for the project described above. Unfortunately, the application was incomplete. You must submit the additional information noted below to allow further processing of the application. Compliance with the State Environmental Policy Act (SEPA) is required prior to acceptance of an application for an HPA. Please contact your local planning department to obtain this document. Please send the missing information and the enclosed cover sheet to Washington Department of Fish and Wildlife headquarters at 600 Capitol Way N, Olympia, WA 98501; fax to (360) 902- 2946; or email to HPAapplications(a,dfw.wa.g_ov-. The 45-day review period for evaluating HPA applications under RCW 77.55.021 will start when 1 receive the missing information. If you have any questions concerning this, please call me at 425-313-5683. Sincerely, Larry Fisher Area Habitat Biologist LF:lf cc: File Washington Department o/ FISHa►d W EDLYE Additional Information Cover Sheet You must include this page when you submit additional information for your Hydraulic Project Approval (HPA) application. HPA Log Number: 125270-01 Applicant Name: City of Renton Public Works Dave Christensen Applicant Address: 1055 S Grady Way Renton WA 98057 Biologist: Larry Fisher Return your additional application information with your page as soon as possible to: Washington Department of Fish and Wildlife Habitat Program 600 Capitol Way North Olympia, WA 98501-1091 FAX: (360) 902-2946 Email: HPAapplications(�i),dfw.wa.gov Washington Department of FISH and WILDLIFE WDFW Attn: Scientific Collection Permits 600 Capitol Way North Olympia, Washington 98501-1091 (360) 902-2200 scp(D_dfw.wa.gov Dear Applicant: Thank you for your inquiry about obtaining a Washington State Scientific Collection Permit (SCP). As specified in WAC 220-20-045, WAC 232-12-276, and RCW 77-32-240, it is unlawful to collect foodfish, shellfish, or wildlife or their nests and eggs for the purpose of research or display (where the categories "instruction" and "stream assessment" are sub -groups of display and research, respectively) without first obtaining a Washington State scientific collection permit. According to WAC 232-12-276, "collects" means to take control of or attempt to take control of wildlife or their nests and eggs." For the purpose of management and protection of the resource, the Washington Department of Fish and Wildlife interprets this the way one would interpret a federal "take" permit, in that, a collection would be "to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or [obtain], or to attempt to engage in any such conduct [Endangered Species Act of 1973, Sec 3(18)]." State Scientific Collection Permits are issued to scientists/researchers, educators/educational institutions, and museums/aquariums/zoos. They are not issued to the general public for collection of fish or wildlife. Under WAC 232- 12-287, it is unlawful to possess wildlife found dead. However, this rule does not prohibit the possession of naturally shed antlers of deer, elk or moose. Enclosed is information about the state permit and a Scientific Collection Permit (SCP) application. With each application, please submit a study plan and any additional information required. If you have any questions or want to discuss your permit application, please contact WDFW at the above information. Sincerely, Washington Department of Fish and Wildlife Enclosures WASHINGTON STATE SCIENTIFIC COLLECTION PERMIT CATEGORIES: DISPLAY (Live or dead specimens exhibited for the purpose of education.). 1. Submit a study plan that includes specific environmental teaching objectives and justification for collection of target species. This study plan should outline the curriculum in which the specimens will be used and state how or why the collection will enhance your program. It should also define the audience for your educational program and explain how often the collection will be used for teaching. 2. Submit a statement explaining where the specimen collection will be permanently housed. 3. Submit the applicant's qualifications for using animals in a teaching or display program. RESEARCH 1. Submit a study title. 2. Submit an introductory section explaining the project objectives and justification for collecting proposed species. This section should describe the management problems to be addressed, explain why resolution is necessary, review related research efforts, discuss how the proposed project will add to the existing body of knowledge, and the objective(s) for the proposed project including defining an identifiable end point or conclusion toward which efforts are to be directed. 3. Submit a methodology section describing the target species, number to be collected, collection techniques or collection gear, collection locality(s), the approach or plan of action, the organizational framework or logical sequence of events that will lead to the attainment of the study objectives, the disposition of collected specimens, and data collection and analysis techniques. For information in this supplement section that is duplicative of the application, you may refer to the application section being duplicated. However, all information requested in the application must be listed in the application. 4. Submit a justification that identifies the user(s) of the information and indicates how the findings will be used and disseminated. 5. Submit the applicant's qualifications for conducting the research including previous experience working with target species and proposed research techniques, and other relevant information. 6. Demonstrate that the applicant can provide adequate facilities and competence to care for live specimens, if applicable. 7. Submit identification of supervisory and technical personnel responsible for the study. INSTRUCTION (The procedure of collection for the purpose of education, as with a practical lab.) 1. Submit a study plan that includes specific environmental teaching objectives and justification for collection of target species. This study plan should outline the curriculum in which the specimens will be used and state how or why the collection will enhance your program. It should also define the participants for your educational program and explain how often the collection will be used for teaching. All participants in the collection activity other than the applicant must be listed as subpermittees. 2. Submit a statement explaining the proposed disposition of the specimen collection. University museums in Washington State are intended as the primary recipients of dead specimens. 3. Submit the applicant's qualifications for using animals in a teaching program. STREAM ASSESSMENT For Permittees assessing fish use (stream typing) under the Forest Practices Act rules (WAC 222): 1. The following limitations and conditions apply: a. Streams may be sampled from March 1 to July 15, unless otherwise mutually acceptable by a WDFW Fish or Habitat Biologist, Washington Department of Natural Resources (DNR), tribal representative (of affected tribe), and the permittee. b. If the permittee plans to survey streams or stream segments that are 5 feet BFW or wider the permittee is required to consult with the regional WDFW Habitat Biologist prior to conducting the surveys. The purpose of this consultation is to insure that survey methods and techniques used are appropriate for the stream segments to be surveyed. c. Downstream reaches must not be blocked by human -caused structures. d. Stream reaches must not have previously been verified as fish bearing. e. WDFW electrofishing guidelines must be followed. 2. The Stream assessment Annual Report or "Findings Report" must be submitted with each stream type change request. For each relevant stream reach sampled, include the following [information not already requested in the annual report form (b. through d., and h. & i.), may be given in the Annual Report "Comments" field]: a. Stream.Name b. Bankfull Width c. Stream Gradient d. Dominate Substrate Type e. Species and abundance of all fish and amphibian species observed f. The number of known mortalities by species g. Map location of fish and amphibians on USGS quad or similarly scaled map. Send as an attachment. h. A description of applicable drought or flood effects on sampling effort and results i. A description of methods used to ensure that no downstream man-made barriers exist. THE APPLICATION .The $12.00 Scientific Collection Permit fee (RCW 77.32.240) shall be mailed in the form of check or money order with the application. Sorry, credit cards cannot be accepted at this time. Permittee / Sub-Permittees — The Permittee may subpermit to their faculty, staff, or students. These names are shown as "Sub-Permittees", who are authorized to collect under the permit. Date of birth is for identification purposes. Species and Number — Please list the common name, Genus, and specie, if possible. In some cases, it often is not necessary to name all the individual species that will be collected (e.g. for salvaged animals — mammals, statewide, salvage, by hand). Also, if the actual number of each species to be collected is not known, please indicate the maximum number of specimens that might be collected/researched. Any species assigned a federal and/or state status must be entered by species name and give an exact number and location. Location — Please list a specific location (Township/Range/Section or Latitude/Longitude), if possible. A county name is at least required. A collection might be statewide. Please send completed application to: Mail: Washington Department of Fish and Wildlife Attn: Scientific Collection Permits 600 Capital Way North Olympia, WA 98501-1091 (360) 902-2200 scp(Ddfw.wa.gov Federal permits: A Federal permit is required for the collection of migratory birds, marine mammals, and any fish or wildlife species with a Federal listing of Threatened, Endangered, Sensitive or Candidate: US Fish and Wildlife permits: contact Ann Carlson at (503) 231-2063. http://endangered.fws.gov (migratory birds, eagles, threatened and endangered wildlife) NOAA-National Marine Fisheries Service permits: contact Brent Norberg at (206) 526-6733. http://www.nmfs.noaa.gov/endangered.htm (marine mammals, threatened and endangered fish) The Scientific Collection Permit: SCP conditions must be followed. Unlawful use of a scientific permit is a gross misdemeanor. RCW 77.15.660. Scientific permits will not be granted if, in the opinion of the Director, the collection conflicts with existing conservation concerns or with collection, research, or management activities. Permits may also be denied if a request to coordinate collection activities with other applicants and/or this agency is not met. Please note that a Washington State Scientific Collection Permit DOES NOT authorize collection/research activities in protected lands or waters or private or restricted public lands. Some lands and waters are restricted and other lands and waters need permission from the landowner/agency/manager. The Annual Report: A requirement of the state permit process is an Annual Report. At the end of each year a report of the scientific collection, including specific species, numbers, location, and date of collection, is required. This report must be received prior to the issuance of the next year permit. PUBLIC INFORMATION SHEET ISSUANCE OF SCIENTIFIC COLLECTION PERMITS BY WASHINGTON STATE DEPARTMENT OF FISH AND WILDLIFE 1. A scientific permit is required to collect fish, shellfish, or wildlife for display, instruction, research, and stream assessment (under the Forest Practices Act). Food and Game Fish are classified under the following, respectively: . WAC 220-12-010, WAC 232-12-019. Shellfish includes those species classified under WAC 220-12-010. Wildlife includes birds, mammals, reptiles, amphibians, fishes, and invertebrates (not classified as foodfish or shellfish). 2. Among others, activities such as capturing, banding, marking, attaching radio telemetry equipment and the salvage of dead fish, shellfish, or wildlife are all considered methods of collection and require a scientific permit. Any tissue. sampling of fish, shellfish, or wildlife requires a scientific permit, whether lethal or non -lethal and whether the animal is retained or released. 3. In compliance with Washington State Law (RCW 77.04.012), fish and wildlife (and samples derived from) remain the property of the state. 4. The Department will not issue unrestricted permits. 5. Universities and colleges in Washington State with museums having research and/or teaching collections may be allowed to subpermit within their university faculty, staff or enrolled students. The original permittee is responsible for insuring that the subpermittees comply with the conditions of the permit. Failure to comply with the conditions of the permit is a basis for revocation of the permit. 6. Individual holders of permits may not exchange specimens or progeny of fish or wildlife collected under the permit except as authorized in writing by the Director. Authorization may be granted to universities and colleges in Washington State with museums having research and/or teaching collections to trade specimens with other institutions possessing appropriate permits. A description of all trades will be included in the annual report to the Department. Loans to other permitted institutions will be allowed without notification to the Department. The institutions will, however, keep up-to-date records of loan transactions. 7. The Director will require scientific permit holders to specify on their application, the proposed disposition of dead specimens. University museums in Washington State are intended as the primary recipients of these specimens. 8. Scientific permit holders will keep accurate records showing species and number collected, possessed and/or disposed of; the specific location(s) of the collection; the disposition of specimens; the names and addresses from whom specimens were acquired; and the date of collection. 9. A scientific permit may be issued for use of non -releasable live wildlife from a wildlife rehabilitation facility for the purpose of a non-commercial wildlife public education program. The permittee will be required to report the number, location, and date of the public education programs conducted each year and the name of the person or organization receiving the program. Publicly owned zoos and aquariums will be required to report only public education programs conducted off -site from the zoo or aquarium facility. 10. A scientific permit may be issued to an individual or an organization for use of dead fish, shellfish, or wildlife in a non- commercial public education program. Such wildlife collections shall be required to be maintained when not being used for a public education program at an approved public location, such as a public school facility. The permittee will be required to report the number, location, and dates of public education programs conducted each year and the name of the person or organization receiving the program. 11. A scientific permit will not be used in lieu of hunting, trapping, or fishing licenses during the open season for those species. 12. A scientific permit is issued on an annual basis and is non -transferable. 13. Scientific permit holders using equipment such as unattended traps, unattended nets, or other unattended collection gear shall have attached to that equipment a tag bearing in legible English the name and current address of the permit holder. Equipment may be tagged using the name and address of the organization the permit holder represents; i.e., university, company, corporation. Potential use of unattended, gear, whether for collection or retention, must be noted on the permit application. 14. Administrative decisions regarding scientific permits may be appealed by following the administrative appeals process contained in Chapter 34.05 RCW and/or WAC 232-12-197. 15. New permit applications should be submitted sixty (60) days prior to planned collection activities to allow for Department review and processing. SCIENTIFIC COLLECTION FlSxana WILDLIFE PERMIT APPLICATION $12 Fee Required (RCW 77-32-240) SELECT ONE FROM EACH OF THE FOLLOWING: PURPOSE OF COLLECTION: ❑ Display ❑ Research ❑ Instruction (Education) ® Stream Assessment THIS APPLICATION IS A: ® New Application ❑ Renewal of a past year's permit # ❑ Amendment to this year's permit # PERMITTEE INFORMATION E-MAIL ADDRESS OF PERMITTEE OR CONTACT: Dchristen@Rentonwa.gov NAME OF PERMITTEE: DAVID M DATE OF BIRTH: 04/07/1961 (EXAMPLE: 11/01/2004) CHRISTENSEN FIRST M.I. LAST AGENCY or INSTITUTION: City of Renton TELEPHONE: 425-430-7332 (EXAMPLE: 360-555-1234) MAILING ADDRESS: Utility Systems Division, Renton City Hall, 1055 South Grady Way CITY: Renton I STATE: WA I ZIP CODE: 98055 1 NAME of SUB-PERMITTEE(S) and DATE of BIRTH: (Example: John Doe, 05/11/1963) Attach additional names and birth dates on separated page if necessary. Steven R. Krueger, 07/30/70 COLLECTION INFORMATION PERIOD of COLLECTION: (limit of 12 months, unless museum/aquarium/zoo) Start:03/01/2011 End:03/07/2011 (EXAMPLE:11/01/2004) LIST ALL PROPOSED COLLECTION ACTIVITIES: Unknown species use; however, possible resident coastal cutthroat trout three -spine stickleback, and scut ins Cottus sp. <100 T 23 N, R 05 E, Sections 14 and 15; Maplewood Park, King County .. Electrofishing (Smith -Root Model LR 24). All fish to be identified, enumerated, and released following capture. I Attacn additional listings on separated page It necessary. Fade 2 - SCP Aoalication Continued DISPOSITION of SPECIMENS ❑ Museum Collection (display location): ® Capture and Release (locations of both): Capture location will be within upper 200 feet of unnamed stream within Maplewood Park. If captured, fish will be released in the lower 200 feet of the stream channel within Maplewood Park. If no fish are captured within upper 200 feet, the lower reach will be sampled and fish released in the upper reach. ❑ Band ❑ Mark Other: ❑ Fit with radio transmitters - Radio Frequencies: ❑ Tissue sampling (explain and list tissue/preservation): ❑ lethal ❑ sub -lethal ❑ non -lethal Research data will be collected in the following area(s): ❑ Aging ❑ Behavior ❑ Physiology ❑ Artificial Propagation ❑ Geneti ❑ sus fe History El Pathology ®Other: presence/absence Signature of Applicant Date of Ap lickion PLEASE ATTACH A COMPLETE STUDY PLAN AND PERMITTEE QUALIFICATIONS TO THIS APPLICATION