Loading...
HomeMy WebLinkAboutReport 1CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: August 3, 2009 To: City Clerk's Office From: Stacy Tucker Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. ----------------------"----_--___.;:;:;._,: Project Name: WDFW Cedar River Fry Trap I: LUA (file) Number: LUA-09-046, SME 1, ------------------------------------ Cross -References: 1·.'1: AKA's: ,-------------------------------------1 :: Project Manager: Vanessa Dolbee I. Acceptance Date: April 15, 2009 I: -------------------------------------, , Applicant: Washington Department of Fish and Wildlife i :; Owner: Same as applicant 1:. Contact: Kelly Kiyohara, WDFW PID Number: 072305HYDR 1: , ERC Decision Date: :· ERC Appeal Date: April 15, 2009 ,, I Administrative Approval: i'. Appeal Period Ends: r , ____________________________________ ___; I , Public Hearing Date: I:. 11 Date Appealed to HEX: '1 By Whom: , HEX Decision: Date: '-------------------------------------1· I' :• . Date Appealed to Council: By Whom: :l Council Decision: Date: ii _M_c.y_la_r_R_e_c_o_r_d_i_nc:..g_N_u_m_b_e_r_: __________________________ \: : Project Description: The applicant is proposing to place a Fry Trap in the Cedar River between ;; the confines of the Renton Municipal Airport and the Boeing Plant to trap and monitor the annual ii . migration of early migrating juvenile salmonids to estimate production and survival of various I' salmon species including ESA listed Chinook. , · Location: Cedar River between Renton Municipal Airport & the Boeing Plant !; II ·, Comments: ,, -----::;_ ==~1 . . ,. ... .CITY OFRENTON .. . ·cERTIFIC~TEOF EXEMPTION FROM SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT DATE: LAND USE ACTION FILE NO.: PROJECT NAME: OWNER/APPLICANT: PROJECT MANAGER: PROPOSAL: PROJECT LOCATION: LEGAL DESCRIPTION: SEC-TWN-R: WATER BODY/WETLAND: Shoreline Exemption 09-046 April 15, 2009 LUA09-046, SME WDFW Cedar River Fry Trap Kelly Kiyohara Washington Department of Fish and Wildlife 600 Capital Way North Olympia, WA 98501 Vanessa Dolbee Associate Planner The applicant is proposing to place a Fry Trap in the Cedar River between the confines of the Renton Municipal Airport and the Boeing Plant, just downstream of the hydraulic bridge that connects these two locations. The purpose of this Fry Trap is to trap and monitor the annual migration of early migrating juvenile salmonids to estimate production and survival of various salmon species including ESA listed Chinook. Access to the trap would be through Renton's Cedar River Park then by a small non-motorized boat from the shore to the 30-foot by 8-foot floating barge. The Fry Trap would be in operation from January through June. The exemption is requested because the total cost of the project is less than $2,500 and the project is directly correlated with providing understanding of the annual variations of salmon production as related to fish habitat and passage. The Washington State Department of Fish and Wildlife has made a SEPA Determination of Non-Significance for the subject Shoreline Exemption on October 21, 2004. The project has an approved Hydraulic Project Approval (HPA) as of March 28, 2005 that expires on March 27, 2010. Cedar River between Renton Municipal Airport and the Boeing Plant just down stream of the hydraulic bridge that connects these two locations. Parcel #072305HYDR (parcels ending in HYDR represent a water body within a plat) S. 17 T. 23 R. 5 Cedar River (Urban Environment) An exemption from a Shoreline Substantial Development Permit is hereby granted on the proposed project in accordance with RMC 4-9-190C 2 & 16: XX Any development of which the total cost or fair market value does not exceed two thousand five hundred dollars ($2,500.00), if such development does not materially interfere with the normal public use of the water or shorelines of the Sate. A public or private project, the primary purpose of which is to improve fish or wildlife .JQL habitat or fish passage, when all of the following apply: a. The project has been approved in writing by the Department of Fish and Wildlife as necessary for the improvement of the habitat or passage and appropriately designed and sited to accomplish the intended purpose. b. The project has received hydraulic project approval by the Department of Fish and Wildlife pursuant to chapter 75.20 RCW. c. The Development Services Division has determined that the project is consistent with this Master Program. The proposed development is consistent or inconsistent with (check one): CONSISTENT xx N/A Attachments: INCONSISTENT A. Neighborhood Detail Map B. Site Map C. Project Narrative Policies of the Washington State Shoreline Management Act. The guidelines of the Department of Ecology where no Master Program has been finally approved or adapted by the Department. The City of Renton Shoreline Master Program. C. E. Vincent, Planning Director, Department of Community & Economic Development D. Determination of Non-Significance, Dated October 21, 2004 E. HPA, Dated March 28, 2005 F. Image of Fry Trap cc: File Shoreline Exemption 09-046 Attachment A )> --Sl.l C') :::r \ \-_' ·• -yv1J1-w,ceda(H.i'i"[ t-ry \rap 3 Cl) l \1-: . -~#J",df~,- ::, -DJ ff/11 072305ll007 \ The,. was no oroinary hgh water marK a\ilabla at this sit,,. Trap will be ac:oassad on the ea.st .sho~fin~by m9an.s of a small ,,, 4-~~ 2;-,.:~ ,,·;,: ~~--l -,,.,, , L · l I ~!):;.\ t:i)R'-·.·t:o n • '"'"'.i@!!. -. ?,\'!/ ·: ; ... ~~ • \; 'Z-M O e' ::;~ •• 1'.f:.;. '1'. 1f,' 't 'C 'i~ ·, non-rrortorimd boat. ·\ No m::,19 than h:ro empby,ae.s will be working lhe trap at once. Parking is b ,. . _ _ _ in the parking bt int-anded fer Boeing a1R9nton Alrport workers on t~\yestsidii' Of the rht9r. ·' Warning sgnsofthe trap-operatbn a,. post. •. upst,.amfo albwtoradequa~i:: =~0i"6~;..;;;1i{~~Y:. · ~if::.::,> ; :~p~-'~· :·-· ··. :~,}~ ·~·,/" f-• . •• ·t_ r~~ . _:;·"' .. + (C} 200! King Coumy ,.,. -,.• ··: ,_., ':i~~ l · •. ,, ,:"'~ 'i- Ql:?; --·? . ·~ ·:, . ~~ .l·, t~~: ·. -~·;\ ,,:~::.:.~':: ;:, . •)\"\i: ; • r ",.4'> : .. :.'.!.;;~~-·<":'+ *~ ''r:. ~:;: "(~~r~1~~'.:{~~ ;; '1,t;;'' •. , ,-. . , , . t•· 1 ("·,.r, .• :~ · ,, -.,,,,.,,'I'','·~--f~ .... •'e: r:,\f{,:~ ;;;~rft..;~,~-' . '~5'_,-, .. .,, ", '~ ""'·,r ~ .,, -'o~H.,w+. •. '· ,:ti:t;~l.f :\.!~ ~ .7·1'.l,""l .:)' -1:."; :,.\'J ;,, :~:t}ff::1- .: .. J ~:~:-;/· .< ~ ·• ; ~... -~-:11?:.:~~,:-: .. ;,.. ,'" ·'". '. •::.:~;)}1]~?. ~ . .,. . j'·J· ·:.~:,.-: -1\Y~t, ., '" ' j ' :, •• , £· . ).;; "~ . :··/,.:-y_·,t,~.~~ ... ~ "'·":?~ , .. ,? .. . }; ,' ·-. ~ ~ - . -1'. ,,, :;v"' . ' •'I c,: f' ;..""c 01230S9085 0723/J59053 '--112011. ~: ·.:.;"', .· ~ >,, .\.,\:·:.. :· :.,- . ' , . ~ .. ~-- · ,( Jtt·',~cii' 'o;,•?.Jt"'·;,.·,·\'• '!•')! . ''. '. ~,J~J! State of Washington Department of Fish and Wildlife Mailing Address: 600 Capitol Way N, Olympia WA 98501-1091, (360) 902-2200, TDD-(360) 902-2207 Main Office· Location: Natural Resources Building, 1111 Washington Street SE, Olympia WA December 8, 2008 TO: City of Renton FROM: Kelly Kiyohara, Fish Biologist SUBJECT: -Shoreline Exemption Permit Request for Cedar River Fry Trap Project The purpose of this project is to trap and monitor the annual migration of early migrating juvenile salmonids to estimate production and survival of various salmon species including ESA listed Chinook in the Cedar River from January through June by means of a floating 30'x8' barge with an inclined plane trap attached. The purposed site is in the Cedar River just downstream of Boeing-Renton Airport Bridge hydraulic bridge adjacent to tax ·parcel # 07235HYDR. An exemption is requested because the total cost or fair market value of the project is less thari $2,500 and the project is directly correlated with providing understanding ofthe annual variations of salmon production as related to fish habitat and passage projects. The current site is unused as it is in the Cedar River between the Renton Airport and Boeing property, both of which are heavily patrolled by security. There are no special site features, no need for fill, excavation, or removal of trees. Attached is our SEPA and JARP A permit for the proposed activities. There is no ordinary high water mark noted possibly due to the dredging that has occurred within the last 10 years. The trap will be accessed by a small non-motorized boat from the shore through City of Renton Park and Recreation property. To further understand what our trap looks like, please visit our website at: http://wdfw.wa.gov/fish/wild salmon monitor/ and click on the Lake Washington bullet on the left side of the screen. The picture in the middle of the page on the left side is our screw trap fishing just downstream of the Boeing-Renton Airport hydraulic bridge. ' ' Attachment C • WASHINGTON DEPARTMENT OF FISH .AND WILDLIFE . ~ '.', t i ·· I · FINAL DETERMINATION OF NON-SIGNIFICANCE October 21, 2004 it>~. ~ . . ,.:. 1889 ·• . State of Washington . DEPARTMENT .OF FISH AND WILDLIFE Mailing Address: 600 Capttol Way N -Olympia; Washington 98501-1091 • (360) 902-2200, TDD (360) 902-2207 Main Office location: Natural Resources Building -1111 Washington Street SE -Olymp.ia, WA · DETERMINATION OF NONSIGNIFICANCE Name of Proposal: WDFW-TEMPORARY FISH TRAPS-STATEWIDE · Description of Proposal: Fish Traps are utilized to collect biological data relative to·adult and juvenile species composition and abundance. Traps are strategically located to best accomplish project goals and minimize impacts to the surrounding environment. Floating screw or scoop traps are utilized to capture a portion of the downstream migrants. Temporary weirs (adult and juvenile), which extend to both banks, are utilized when more complete captures of out-migrants are necessary. Adult hoop traps are strategically positioned in-streams to capture a portion of the upstream migrant population. All projects and associated trapping gear are designed, installed. and maintained so as to insure stream-bank protection and stability. All required permits from federal, state, county and local agencies.will be obtained and all installation, operation and .maintenance activities will occur with notification, coordination and concurrence with appropriate federal; state and localjurisdictions. Proponent: · Washington Department of Fish and Wildlife, Fish Program-Science Division- Freshwater Production Unit. 600 Capitol Way North, Olympia, Washington 98501. Contact:· · ·. Patrick Hanratty (360) 902-2781. · Location of Proposal, including street, if any: Statewide, Washington Lead Agency: Washington Department of Fish and Wildlife The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not reqµired under RCW 43.21C.030(2)(c). This decision was made after review of the completed · environmental checklist and other information on file with the lead agency. This information is available tcHhe public on request. This DNS is issued under WAC 197-11-340(2): the lead agency .will not act on· this proposal for 14 days from the date of issue below. Coriunents,must be submitted by:.dctober 20, 2004 Responsib)e Official: Teresa A. Eturaspe , Position!fitle: SEPA/NEPA Coordinator, Regulatory Services Section . Address: 600 Capitol Way North, Olympia, WA 98501 Attachment D : -~\;'I'. 1"~!'/j! ·~· .... ·~ .~ .. ~ I '·. ,, ... . .::;::,,,.,., __ ;e_JBB')-~:' .,·' State qf Washington DEPARTMENT OF FISH AND WILDLIFE .Mailing Address: 600 Captto.1 Way N -Olympia.Washington 98501-1091 -(360) 902-2200, TDD (360) 902-2207 Main Office location: Natural Resources Building -1111 Washington Street SE -Olympia, WA October 21, 2004 Washington Department of Fish and Wildlife . Fish Program-Patrick Hanratty · 600 Capitol Way North Olympia, WA 98501 Dear Mr. Hanratty: . . . . . · .. Enclosed is the Washington Department of Fish ru1d•Wildlife's.(WDFW) Final Determination of Nonsignificance (DNS)regarding your applicatiollforTemporaryFishTraps, Statewide, along · with any comments that were received on· this determination during the 14 day comment period. Based on a review of your original-environmental checklist and:any comments submitted from · other agencies, WDFW has concluded that no significant environmental impacts are likely to · result from your proposal. Therefore; your proposal has met the requirements ofthe State · Environmental Policy Act (SEP A) and your application for a Hydraulic Project Approval (HP A) and any other necessary state, federal and/or county permits can now be processed. Please contact your regional WDFW office for further details.with regardto issuance of the HP A. ·. Sincerely, 7_t:.d ,.... 4 · ~--;Jere-- Teresa A. Eturaspe . SEP A/NEPA Coordhi.ator TAE:tae Enclosure: Final DNS cc/enc: Please contact: Ten: \.. Eturaspe Phone: . (360) 902-257:. .?ax: . (360) 902-2946 or e-mail:habitatSEPA@dtw.wa.gov if you have questions or comments about this determination. DATE OF ISSUE:· October 6, 2004 SIGNATURE: 7_::,.; ,... 4_ £-s47oe-.. SEPA Log Number. 04 --077. dns Washington Department of FISH and WILDLIFE . 'DRAULIC PROJECT APPROV. statewide RCvv77.55.100 -Appeal pursuant to Chapter 34.05 RCW 600 Capitol Way N Olympia, WA 98501-1091 . Issue Date: March 28, 2005 Expiration Date: Marqh 27, 2010 PERMITTEE WDFW ATTENTION: Jim Scott. ·. 600 Capitol Way N Olympia WA, 98501-1091 360"902-2700( ) Fax: 360-902-2944 .. Project Name: WDFWFish Traps (360) 902-2200 Control Number: 100674-1 FPA/Public Notice #: AUTHORIZED AGENT OR CONTRACTOR Project Description: Install, maintain, and remove traps operated by WDFW in freshwaters throughout the state for the capture and enumeration 'of upstream and downstream migrating fish populations · · PROVISIONS . 1.TIMING LIMITATIONS: The project may begin March 28, 2005 and shall be completed by March 27,2010, provided that the traps shall remain in place only during the period that the targeted species and life stage is present. .2. NOTIFICATION REQUIREMENT: The permittee or contractor shall notify the Washington · Department ofFish and Wildlife Regional Habitat Program Manager (RHPM) for the Region in which the trap is to be installed of the project start date. Notification stfall be received by the RHPM . at least three working days prior to the start of construction activities. The notification shall include the permittee's name, project location, starting date for work, and the controlrnimber for this Hydraulic Project Approval. · · 3: REPORTING REQUIREMENT: The permittee shall submit to the Habitat Program at 600 Capitol . Way North, Olympia, WA 98501-1091, a written calendar year annual report of the fish trap projects conducted under authority of this HPA by February 1 of the following year, or in the final year of th.a HPA prior to .the expiration of the HPA. An annuarreport is also required if no work was conducted . . under this HPA during the reporting period.The report shaU iricltide the name, address, and .· · telephone number of the reporting agency and contact person; date .of the report; reporting period; control number for the HPA; total number of individual projects by region and statewide; list of individual projects completed'by region, including waterbody namedocation, date of work, and type . of work conducted; and a description of any problems encountered including HPA provision . violations, corrective actions and impacts to fish life or water quality resulting from the problems · encountered.· · · · · · · . 4. Work shall be accomplished per plans and specifications approved by the Washington Department of Fish and Wildlife entitled JARPA, including figures entitled WILD SALMON ID · POPULATION MONITORING and dated February 18, 2005 except as modified by this Hydraulic Project Approval. A copy of these plans shall b.e available on site during construction. TRAP INSTALLATION . . . 5. Alteration of the bed or bank shall be kept to the. minimum amount necessary to properly install Attachment E Washington Department of FISH and . WILDLIFE '-IYDRAULIC PROJECT APPRO\. Statewide 600 Capitol Way N Olympia, WA 98501-1091 (360) 902-2200 Issue Date: March 28, 2005 Expiration Date: March 27, 2010 . Control Number: 100674-1 FPNPublic.Notice #: · thetrap. 6. Neither large woody material (defined as trees or tree parts larger than four inches in diameter and longer than six feet and rootwads, wholly or partially waterward of the ordinary high water line) embedded iri the bed or banks nor boulders shall be disturbed or moved. 7. Floating scoop or screw traps shall be secured to existing structures, anchor pins, or blocks. Other traps may be cabled cir otherwise secured to trees or vegetation only if the vegetation is substantial enough to hold the trap in piace during trap operation and the vegetation Is protected from damage. 8. Traps shall be installed to remain in piace during all expected flows, shall not result in·fl~w of · water outside. the banks, and shall be secured to prevent loss of parts downstream in the event of trap failure. Trap parts shall be. remC>ved when n~cessary to prevent high flows from damaging the bed or banks of the stream. These parts shall not be reinstalled until flows subside sufficiently to allow trap operation and prevent damage to the stream bed or banks. EQUIPMENT 9: With the exception of installing and removing floating scoop or screw.traps, all traps shall be installed, maintained and removed only with hand _labor .and hand tools. ·• .10. The drive mechanisms (wheels, tracks, tires, etc.) of equipment used to install floating scoop or screw traps s.h.all not enter or operatewaterward of the ordinary high water line: · 11. Equipment used for thi~ project shaU tie free of external pet~oleum-based products while · · working arou.nd the stream. Accumulation of soils or de.bris shall be removed from the drive · mebhanisms (wheels, tires, tracks, etc.) and undercarriage of equipment prior to its working below the ordinary high water line. Equipment shall be checked daily for leaks and any necessary repairs shall be completed .prior to commencing work activities along ·the stream. · . . . . . . . . . I . • . . ',. ' .' 12. Equipment crossings of the stream are not authorized by this HPA. VEGETATION · .13. Aquatic vegetation shall not be removed or disturbeit Alteration of bank vegetation shall be . ·. limited to that necessary to install the traps. 14. Additional written approval of the Area Habitat Biologist shall be obtained prior to any Vegetation removal necessary to provide equipment access. PROJECT MATERIALS·· 15. All treated wqod shall be professionally treated. and completely cured prior to insiallation below the ordinary hig_h water line tci minimize leaching into the water or substrate. Ttie use of wood treated with creosote or pentachlorophenoi" is not authorized. · Page 2 of6 ······-,---- Washington Department of FISH and WILDLIFE YDRAUL-IC PROJECT APPRO\ Statewide 600 Capitol Way N Olympia, WA 98501-1091 (360) 902-2200 Issue Date: March 28, 2005 Control Number: 100674-1 : Expiration Date: March 27, 2010, FPA/Public Notice#: 16 .. All lumber to be used for the project shall meet or exceed the standards established in 'Best Management Practices For the Use of Treated Wood in Aquatic Environments' developed by the . Western Wood Preservers Institute, dated July 1996. · · 17. Gravel bags shall be filled with clean, round gravel transported to the job site. The giavel shall not be obtained from the streambed. Gravel may be deposited in the stream following project completion provided fines less than 0.25 inches do not exceed 3.0 percent total volume, and .the used bags are removed from the job site and disposed of or reused properly. · · 18. Project materials including .gravel bags and trap components may be stockpiled at the job site prior to or following· project completion provided they are placed landward of the limits of anticipated flood flows. · 19. ixcept as· provided in Provision 17; sediment shall not be released from gravel bags or from · other materials imported to the job site. TRAP MAINTENANCE 20. Traps shall be inspected and maintained daily during the period when they are in place. · · 21. Organic material that collects on the trap shall be removed and returned to state waters downstream of the project. Man-made trash shall beremoved and disposed of so that it does not reenter waters of the·state. . . ' . . .. . . 22. With the exception ·of those cases wh.ere WDFW policy requires lethal' removal of adult straying hatchery fish or when juvenile ~sh must be lethally sampled for fish health testing or recovery of . cocled wire tags, fish shall not be harmed as a result 6f trapping. or handling procedures.• These fish shall be immediately and safely released to state waters following data collection. TRAP REMOVAL 23. All trap components, except gravels as provided in Provision 17, shall be immediately removed from.waterward of the ordinary high water line upon project completion. SITE RESTORATION 24. Within one year of project completion, the banks shall !Je revegetated with native or other approved woody species. Vegetative cuttings shall be planted ata maximum interval of three feet·· .. (on center) and maintained as necessaryfor thrEle years to ensure 80 percent survival. · . PROJECT LOCATIONS Page 3 of6 Washington Department of FISH and WILDLIFE HYDRAULIC PROJECT APPRC ',L Statewide 600 Capitol Way N Olympia, WA 98501-1091 (360) 902-2200 Issue Date: March 28,. 2005 ExpirationDate: March 27, 2010 Control Number: 10067 4-1 FPA/Public Notice#: · . Location #1 freshwater . Work Start:03-28-2005 Work End:03-27-2010 WRIA WATERBODY TRIBUTARY TO COUNTY -· 99,0000· · ·Various Statewide Thurston 1/4 SEC, Section Township: Range: Latitude: Longitude , All 296 99 99 N , w . DRIVING DIRECTIONS: , NOTES . At the request oJPat Hanratty, WDFW'Fish Program, this statewide Hydraulic Project Approval (HPA) for WDFW fish traps for the capture and enumeration of upstream ahd downstream migrant · fish populaiions is issued to replace HPA GH-D9407-08 which was issued October 25, 2004. This HPA supersedes all previous HPAs.for this project, and allows installation, maintenance, and . , · removal of WDFW-operated fish traps statewide. · .This HPA does not authorize the installation, maintenance, or removal of traps at WDFW hatcheries , for the capture of broodstock. · , , Ttiis Hydraulic Project Approval pertains only tci the provisions ofthe Washington State Fisheries and Wildlife Codes. It is the permittee's responsibility to apply for and obtain any additional · authorization from other public agencies (local, state and/or federal) that may be necessary for this project. Incidental take coverage under the Endangered Species Act is required for this project. · . . . / Consulrwith the NOAA Fisheries (formerly National Marine Fisheries. Service (NMFS)) and United States Fish and Wildlife Service (USFWS) prioffo commencement of project activities to acquire necessary authorization. NOAA Fisheries may require a 1 OA-1 A permit or other authorization. · USFWS may have additional requirements. · · \ . This. Hydraulic PrbjeciApproval (HPA) does not consiitute an after-the-fact HPA for work previously conducted below the ordinary. high water !ine without a valid HPA;, nor does it relieve the person(s) . . to whom.this HPA is issued from any legal responsibilities for that previously conducted work.· APPLY TO ALL ,H'r'.DRAULIC PRO.)ECTAPPROVAlS • . This Hydraµlic .Project Approval pertains orify to thej)rovlsions ofthe Washington State Fisheries and Wildlile Code, specifically RCW 77.55 (formerly RCVV 75.20), Additional auihorization 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 obtairiing any addiUonal 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 ttiis Hydraulic Project Approval is issued and operator(s) . performing the work. · · · This Hydraulic Project Approval does not authorize trespass. Page4 of6 ' ' Washington · Department of FISH and WILDLIFE . "DRAULIC PROJECT APPROV Statewide 600 Capitol Way N Olympia, WA 98501-1091 · (360) 902-2200 Issue Date: March 28, 2005 .· Control Number: 100674-1 Expiration Date: March 27, 2010 FPNPublic Notice#: · 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 or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. · • All Hydraulic Project Approvals issued pursuant to RCW 77 .55.100 or 77 .55.200 are subject to additional restrictions, coridiUoris or revocation if the Departme.nt of.Fish and Wildlife determines that new l:>iological or physical information indicates the need for such action. The person(s) to whom this Hydraulic Project Approval is issued has the right pursuant to Chapter 34,04 RCW to appeal·such decisions. All Hydraulic Project Approvals issued pursuant to RCW 77.55.110 may be . modified bythe Department of Fish and Wildlife due to changed conditions after consultation with the.person(s)lo whom this Hydraulic Project Approval is issued: PROVIDED HOWEVER, that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 77.55.170. · . . " APPEALS INFORMATION. IF YOU WISH JO APPEAL THE ISSUANCE OR DENIAt OF, OR CONDITIONS PROVIDED iN A HYDRAULIC PROJECT APPROVAL, THERE ARE INFORMAL AND FORMAL APPEAL . PRO.CESSES AVAILABLE. . . . . . . • A. INFORMAL APPEALS (WAC 220-110-340) OF DEPARTMENTACTIONS TAKEN PURSUANT TO RCW 77.55.100, 77.55'. 110,T7.55.140, 77.55.190, 77.55.200, and 77.55.:290: A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: . . (A)The denial or Issuance ofa Hydraulic Project Approval, or the conditi<;>ns or provisions ma!le · · part of a Hydraulic Project Approval; or . · ·. . . · . · · · · · · · · .•. · . · (B)An.order imposing civil penalties. A request for an INFORMAL REVIEW shali be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia, · Washington 98501-1091 and shall be RECEIVED by the Departmerit within30-days.ofthe denial or issuance of a Hydraulic Project Approval or receipt of an order imposing civil penalties; If agreed to · by the aggrieved party, and' the aggrieved party is the Hydraulic Project Approval_ applicant, resolution of the concerns will be facilitated through discussions with the A~ea HabjtatBiologist and his/her supervisor. If resolution is not reached, or the aggrieved party is not the HYdraulic Project Approval applicant, the Habitat Environmental Services Division Manager ofhis/her desigriee shall conduct a review and recommend a decision to ttie Director or his/her designee, 'If you are not satisfied with the results of this informal appeal, a formal appeal may be filed. · . . . . B. FORMAL APPEALS (WAC 220-110°350) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.100 OR 77.55.140: A person 'who is aggrieved or adversely affected by the following Department actions may requesta formal review of: · · (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made Page 5 of 6 Washington . . Department of FISH and ·. WILDLIFE '~YDRAULIC PROJECT Af>PRO' . Statewide 600 Capitol Way N Olympia, WA 98501-1091 (360) 902-2200 Issue Date: March 28, 2005 Expiration Date: March 27, 2010 Control Number: 10067 4-1 FPA/Public Notice#: 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 HPA Appeals Coordinator, shall be. plainly labeled as .'REQUEST FOR FORMAL-APPEAL' and shall be RECEIVED DURING OFFICE HOURS by the Department at 600 Capitol Way North, Olympia, Washington 98501°1091, 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 .shal.1 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 RCW77.55.110, 77.55.200, 77.55.230, or 77.55.290: 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 AppealsHoardpefWAC 259-04 at Environmental Hearings Office, 4224 Sixth Avenue SE, Building Two -Rowe Six, Lacey, Washington 98504; telephone 360/459-6327. D. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO CHAPTER 43.21 L RCW: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approvai, or the ·conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The FORMAL APPEAL shall be in accordance with the provisions· of Chapter 43.21 L RCW and Chapter 199-08 WAC. The request for FORMAL APPEAL shall be in WRITING to the Environmental arid Land Use Hearings Board at Environmental Hearings Office; Environmerital arid Land Use Hearings Board, 4224 Sixth Avenue SE, Building Two -Rowe Six, . P.O. 0Box 40903, Lacey, Washington 98504; telephone 360/459-6327. · · · E. FAILURE T0APPEALWITHIN ,:HE REQU;REDTIME PERIODS RESULTS IN FORFEITURE. • OFALLAPPEAL RIGHTS. IF THERE IS NO TIMELY REQUEST FOR AN APPEAL, THE . DEPARTMENT ACTION SHALL BE FINAL AND UNAPPEALABLE. . . . ' . . ~ .. ENFORCEMENT OFFICER: Sergeant Rahn (39)P3 ·. . cc: Pat Hanratty, Fish Program ~egional HabitatProgra111 Managers · Regulatory Services Section Staff · · . . . for Director . ·wDFW . Sergeants Charron, Ju~dt, Anderson, Brown, Ward, Grani. McIntosh.Holden, Webb, Jackson, Makoviney,. Nixon Page 6 of6 Page 1 of 1 Attachment F http://wdfw.wa.gov/fish/wild _salmon_ monitor/graphics/lake_ washington/image003 .jpg 04/15/2009 w.' •I' '''"i' "._.,,,: ',., '"'\ . ·:,,:J,,,,,,, .. ,, ,,,. .. ' "·'' ... .,,, ,,,,•;,., ., ... ,,,. •)O City of Renton ~~\~ . ~~Jo" . LAND USE PERMIT ~\t-\ ~€ Q~-.i~t~ 0 . \\ 1.\\\\~ ·; MASTER APPLICATION ~~~ ~ 'x}~~-0 -GC . ,,, . '"\'.-\·'• . . .. ,.,._I• PROPERTY OWNER($) PROJECT INFORMATION NAME: PROJECT OR OEVELOPMENT NAME: Washington Department of Fish and Wildlife WDFW Cedar River Fry Trap ADDRESS: PROJECT/ ADDRESS(S)/LOCATION AND ZIP CODE: Cedar River between the confinds of the Renton CITY: ZIP: Airport and the Boeing Plant and just downstream of the hydraulic bridge that connects the two above. TELEPHONE NUMBER: KING COUNTY ASSESSOR'S ACCOUNT NUMBER($): Parcel Number 072305HYDR, no tax account APPLICANT (if other than owner) number NAME: EXIXTING LAND USE($): Kelly Kiyohara Cedar River COMPANY (W applicable): PROPO~ED LAND USE(S): Washington Department of Fish and Wildlife Floating Fish Trap ADDRESS: EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: 600 Capitol Way North Incorporated City CITY: ZIP: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): Olympia, WA 98501 TELEPHONE NUMBER: EXISTING ZONING: 360-902-2797, Kelly.Kiyohara@dfw.wa.gov River CONTACT PERSON PROPOSED ZONING (if applicable): NAME: SITE AREA (in square feet): Kelly Kiyohara 400 COMPANY (if applicable): SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: Same as Above SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: ADDRESS: PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable): CITY: ZIP: NUMBER OF PROPOSED LOTS (if applicable): TELEPHONE NUMBER AND E-MAIL ADDRESS: NUMBER OF NEW DWELLING UNITS (if applicable): ' 09/19/05 PROJECT INFORMATION (continued) ~---'-----~~------------, NUMBER OF EXISTING DWELLING UNITS (if applicable): PROJECT VALUE: SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (Wapplicable): (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS 0 AQUIFER PROTECTION AREA ONE 0 AQUIFER PROTECTION AREA TWO D FLOOD HAZARD AREA TO REMAIN (if applicable): SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (W applicable): D GEOLOGIC HAZARD 0 HABITAT CONSERVATION 0 SHORELINE STREAMS AND LAKES OwETLANDS sq. ft. ---- ____ sq.fl. sq. ft. ---- ____ sq.ft. sq. ft. ---- LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included) · SITUATE IN THE NE QUARTER OF SECTION 17 , TOWNSHIP 23 , RANGE 5 , IN THE CITY ------ OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. Shoreline Exemption Pemiit 3. ------~----- 2. 4. Staff will calculate applicable fees and postage: $ ----- ...._ ________ A_FF_I_DA_V_I_T_O_F_O_W_N_E_R_S_H_IP ________ __.I I, (Print Name/s) t e authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing -+'--- n ta in e d and the information herewith .are in all respects true and correct to the best of my knowledge and belief. (Signature of Owner/Representative) Q:web/pw/deVSCrv/fonns/planning/matserapp.doc I certify that I know or have ~atisfactory evidence that -k{t...\ l 'd___ ~ I U6 b r9, signed this instrument a~d acknowledged i! to be his/her/their free arid voluntar0act for the ~\~-:-2-,,/~~~~7~%\ P blic in and for the State of Washington ~ : Al;> r ',:i, ! "P ~ Notary (Print) !'.; : ca... m. , ~en! J;) ~ c,,: s' ::. -' ·. ueuc , ~ (7~;,-.6' : ' '<---~--... '<'7-~0./o~/ 0,:-........... r:,"-,, ----~ WAs\-11~ 11 11 1 . .,.,.,//////JJJ My appointment expires: 8 J ;:r J ) (7011::, --~-,-~----- 09/19/05 ~\ ~f State of Washington Department of Fish and Wildlife Mailing Address: 600 Capitol Way N, Olympia WA 98501-1091, (360) 902-2200, TDD (360) 902-2207 Main Office· Location: Natural Resources Building, 1111 Washington Street SE, Olympia WA December 8, 2008 TO: City of Renton FROM: Kelly Kiyohara, Fish Biologist SUBJECT: Shoreline Exemption Permit Request for Cedar River Fry Trap Project The purpose of this project is to trap and monitor the annual migration of early migrating juvenile salmonids to estimate production and survival of various salmon species including ESA listed Chinook in the Cedar River from January through June by means of a floating 30'x8' barge with an inclined plane trap attached. The purposed site is in the Cedar River just downstream of Boeing-Renton Airport Bridge hydraulic-bridge adjacent to tax parcel # 07235HYDR. An exemption is requested because the total cost or fair market value of the project is less than $2,500 and the project is directly correlated with providing understanding of the annual variations of salmon production as related to fish habitat and passage projects. The current site is unused as it is in the Cedar River between the Renton Airport and Boeing property, both of which are heavily patrolled by security. There are no special site features, no need for fill, excavation, or removal of trees. Attached is our SEPA and JARP A permit for the proposed activities. There is no ordinary high water mark noted possibly due to the dredging that has occurred within the last IO years. The trap will be accessed by a small non-motorized boat from the shore through City of Renton Park and Recreation property. To further understand what our trap looks like, please visit our website at: http://wdfw.wa.gov/fish/wild salmon monitor/ and click on the Lake Washington bullet on the left side of the screen. The picture in the middle of the page on the left side is our screw trap fishing just downstream of the Boeing-Renton Airport hydraulic bridge. \ \ \ ,···--' . ' . WDF.WCedar River fry \~·. ".:. \. "'-' ·, n .. · u . x:,. :,Cedar River rap 1011 07230S!lll01 . ~72305HY!}~ Rent:on \ i. There wa::s no. ordinary hgh wahiir mark avlilabli:I at this :sit9. Trap wiU be aocsssed on th9 ea::st::shoraline\by msansof a smaU ·;· non-m:::,rfcriz'i:ld boat. .\ _ No m:,pa than MO empbyee::swill be working,the trap atonOi:11. Parking is b · ted · · · in ths parking bt inNndgd for Boeing a~d Renton Airport workers on t \wSt ~ids of ttie riV'e,. Warning sgl1$oltho trap oporatbn • ., posto\ upst..am to albw for adoqua'" wn: to mo.., ouloftho way. . . \ ~ \ + (C) """ ..... C<,umy ~.,_ ____ . ------·· ' ifit (ilmb"sooa/1 0123059085 0723059053 0 1~ft \ ,.• \. . •.:'· ·\ \ . I \ ,, \ .. ~ l il-L \t \ .• J .· . . l· f·' J ·1 r I •• ' . : f t I I I l l r .. · ··+· l: . '! I ./ """' ·!c,_~~~ 0723059t101' \\-::~~\\. '·~. '.t . \ ' 11 ' .. t I l.,~i.· ....•. · ·-~ 012=-· I I i .•. · r • ,. . Nt!T)tsr""""'--_··::.:.:.:._l'i========:i ~ I ---n,1.:~:.c ~ I;;. ~-.. . \ ~· ~1 ; 1;:h~ WDFW.Cedar River\:ry · rap. \ 07230590,?'-·--.,. 1 ~ IE;. ~f= . J · .. · ",,"'-= ! 1~. f 722<!l/J/J34S . . \ . ·-, . ~~~ J ~ I ij~g-- 1 , 012r\ . \ · ·. · . ~. . -0723059~i1 1,~~f ; . Cedar Rive .. I'·'.·.\. ·. • ~ 1 . I 12. 2 . t=.. 65 i. r .. ~enton _ I _, \ '~"": \. · ~\·· \. . I .11p~r- t ·-J·· f f 1 {~~ " -----~_r I i 1225500080 \ \ I { I W•.•;lwoo.' \ . \ . . I f 1~~-2/i":.._, \ ~ .. -~ -7 / l11::::?~--... \ 0723050085 ·. J ,t;;;;;,.. -·· \ \ --;· 111.i~--~ \ ' ~,...__,,, \ ! · J I 722S!l/J/J0.2S I \ \ I~~ . L/ IJ~::::;--:-1 ~. . ~L_J .Q.l2~~9lJ~ N-4TH.S . 088661DD20 . - \\ '\ 1\ \ 012,os9053 / ' lz ~~;lr-:1; ' -~ \ " I ! I "'";;;5500(.. ! ' ,, ' ,.,,...,.. Iii i---. ~ ,},,..u;.'lf, ~R~ I niz 1122~ -::l \ \ . i 722'!!00<<0 -' --u-s:1· · ;\ \ 1823059,;m lms=oo- . \ '\. • • (\ 0 • '!!.Oft /82.1050206; ! 122SS00<9!l PLANNING DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS Landscape Plan, Conceptual• L~O.~S~~lr '.~:n~i ·'· .~!~gr~i~i~:r1!f{;}t}:tit~}J}i{f:~1[~Zj -~B'.Mii~ri~I,~~~~i Legal Description, Neighborhood Detail Map, This requirement may be waived by: 1. Property Services Section PROJECT NAME: 2. Public Works Plan Review Section 3. Building Section 4. Planning Section H:\Forms\Planning\waiverofsubmittalreqs.xls 02/08 i I ! l ! I I I ! PLANNING DIVISION r WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS Stream or Lake Study, Supplemental, Wireless: Applicant Agreement Statement 2 ANO, Inventory of Existing Sites zANo, Lease Agreement, Draft ,ANo 3 Map of Existing Site Conditions 2 ANO 3 Map of View Area 2 ANO, Photoslmulations 2 ANo, This requirement may be waived by: 1 . Property Services Section 2. Public Works Plan Review Section PfvJ. ~ PROJECT NAME: _f ':f _f-_· --ctPf-,....,..'-"'_5 __ ~--- 3. Building Section 4. Planning Section DATE: /12/of/OX H:\Forms\Planning\waiverolsubmittalreqs.xls 02/08 State of Washington WASHING TON DEPARTMENT OF FISH AND WILDLIFE · FINAL DETERMINATION OF NON-SIGNIFICANCE October 21, 2004 DEPARTMENT OF FISH AND WILDLIFE Mailing Address: 600 Capitol Way N -Olympia, Washington 98501-1091 -(360) 902-2200, TDD (360) 902-2207 Main Office location: Natural Resour.ces Building -1111 Washington Street SE -Otymp_ia, WA DETERMINATION OF NONSIGNIFICANCE Name of Proposal: WDFW-TEMPORARY FISH TRAPS-STATEWIDE Description of Proposal: Fish Traps are utilized to collect biological data relative to adult and juvenile species composition and abundance. Traps are strategically located to best accomplish project goals and minimize impacts to the surrounding environment. Floating screw or scoop traps are utilized to capture a portion of the downstream migrants. Temporary weirs (adult and juvenile), which extend to both banks, are utilized when more complete captures of out-migrants are necessary. Adult hoop traps are strategically positioned in-streams to capture a portion of the upstream migrant population. All projects and associated trapping gear are designed, installed and maintained so as to insure stream-bank protection and stability. All required permits from federal, state, county and local agencies.will be obtained and all installation, operation and maintenance activities will occur with notification, coordination and concurrence with appropriate federal, state and local jurisdictions. Proponent: Washington Department of Fish and Wildlife, Fish Program-Science Division- Freshwater Production Unit. 600 Capitol Way North, Olympia, Washington 98501. Contact: . ' Patrick Hanratty (360) 902-2781 Location of Proposal, including street, if any: Statewide; Washington Lead Agency: Washington Department of Fish and Wildlife The lead agency for this proposal has determined that it does noi have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made-after review of the completed environmental checklist and other information on file with the lead agency. This information is available to the public·on request. . . This DNS is issued under WAC 197-11-340(2); the lead agency will not act on this.proposal for 14 days from the date of issue below. Comments.must be submitted by: October 20, 2004 Responsible .Official: Teresa A. Eturaspe , Positionffitle: SEP A/NEPA Coordinator, Regulatory Services Section Add'ress: 600 Capitol Way North, Olympia, WA 98501 ~J ~ State of Washington DEPARTMENT OF FISH AND WILDLIFE Mailing Address: 600 Capitol Way N • Olympia, Washington 98501-1091 • (360) 902-2200, TDD (360) 902-2207 · Main Office location: Natural Resources Building· 1111 Washington Street SE· Olympia, WA October 21, 2004 Washington Department of Fish and Wildlife Fish Program-Patrick Hanratty 600 Capitol Way North Olympia, WA 98501 Dear Mr. Hanratty: Enclosed is the Washington Department of Fish and Wildlife's (WDFW) Final Determination of Nonsignificance (DNS) regarding your application for Temporary Fish Traps, Statewide, along with any comments that were received on· this determination during the 14 day comment period. Based on a review of your original environmental checklist and.any comments submitted from other agencies, WDFW has concluded that no significant environmental impacts are likely to result from your proposal. Therefore, your proposal has met the requirements of the State Environmental Policy Act (SEPA) and your application for a Hydraulic Project Approval (HPA) and any other necessary state, federal and/or county permits can now be processed. Please contact your regional WDFW office for further details with regard to issuance of the HPA. · Sincerely, ~d ,..,. 4 ~-~ae-, Teresa A. Eturaspe SEP A/NEPA Coordinator TAE:tae Enclosure: Final DNS cc/enc: Please contact: Teresa Eturaspe Phone: (360) 902-2575 x: (360) 902-2946 or e-mail:habitatSEPA@dfw.wa.gov if you have questions or comments about this determination. DATE OF ISSUE: October 6, 2004 SIGNATURE: SEPA Log Number: 04 --0?7. dns ' Washington , Department of FISH and -WILDLIFE ~ RAULIC PROJECT APPROVA statewide RCW 77.55.100 -Appeal pursuant to Chapter 34.05 RCW 600 Capitol Way N Olympia, WA 98501-1091 (360) 902-2200 Issue Date: March 28, 2005 Expiration Date: March 27, 2010 Control Number: 100674-1 FPA/Public Notice#: PERMITIEE AUTHORIZED AGENT OR CONTRACTOR - WDFW ATIENTION: Jim Scott. 600 Capitol Way N Olympia WA, 98501-1091 360-902-2700( ) Fax: 360-902-2944 Project Name: Project Description: WDFW Fish Traps Install, maintain, and remove traps operated by WDFW in freshwaters throughout the state for the capture and enumeration of upstream and downstream migrating fish populations · PROVISIONS 1. TIMING LIMITATION_S: The project may begin March 28, 2005 and shall be completed by March 27, 2010, provided that the traps.shall remain in place only during the period that the targeted species and life stage is present. · 2. NOTIFICATION REQUIREMENT: The permittee or contractor shall notify the Washington Department of Fish and Wildlife Regional Habitat Program Manager (RHPM) for the Region in which the trap is to be installed of the project start date. Notification shall be received by the RHPM at least three working days prior to the start of construction activities. The notification shall include the permittee's name, project location, starting date for work, and the control number for this Hydraulic Project Approval. -3. REPORTING REQUIREMENT: The permittee shall submit to the Habitat Program at 600 Capitol Way North, Olympia, WA 98501-1091, a written calendar year annual report of the fish trap projects conducted under authority of this HPA by February 1 of the following year, or in the final year of the HPA prior to the expiration of the HPA. An annual-report is also required if no work was conducted under this HPA during the reporting period. The report shall iricllide the name, address, and · telephone number of the reporting agency and contact person; date of the report; reporting period; control number for the HPA; total nu_mber of individual projects by region and statewide; list of individual projects completed by region, including water body name, location, date of work, and type of work conducted; and a description of any problems encountered including HPA provision violations, corrective actions and impacts to fish life or water quality resulting from the problems encountered. 4. Work shall be accomplished per plans and specifications approved by the Washington Department of Fish and Wildlife entitled JARPA, including figures entitled WILD SALMONID POPULATION MONITORING and dated February 18, 2005 except as modified by this Hydraulic Project Approval. A copy of these plans shall be available on site during construction. TRAP INSTALLATION 5. Alteration of the bed or bank shall be kept to the minimum amount necessary to properly install Page 1 of6 ' -Washington Department of FISH and WILDLIFE H RAULIC PROJECT APPROVAi" Statewide 600 Capitol Way N Olympia, WA 98501-1091 (360) 902-2200 Issue Date: March 28, 2005 Expiration Date: March 27, 2010 Control Number: 100674-1 · FPA/Public Notice#: the trap, 6. Neither large woody material (defined as trees or tree parts larger than four inches in diameter and longer than six feet and rootwads, wholly or partially waterward of the ordinary high water line) embedded in the bed or banks nor boulders shall be disturbed or moved. 7. Floating scoop or screw traps shall be secured to existing structures, anchor pins, or blocks. Other traps may be cabled or otherwise secured to trees or vegetation only if the vegetation is substantial enough to hold the trap in place during trap operation and the vegetation is protected from damage. 8. Traps shall be installed to remain in place during all expected flows, shall not result in flow of · water outside the banks, and shall be secured to prevent loss of parts downstream in the event of trap failure. Trap parts shall be removed when necessary to prevent high flows from damaging the bed or banks of the stream. These parts shall not be reinstalled until flows subside sufficiently to allow trap operation and prevent damage to the stream bed or banks. EQUIPMENT . . , . 9. With the exception of installing and removing floating scoop or screw traps, all traps shall be installed, maintained and removed only with hand labor and hand tools. 10. The drive mechanisms (wheels, tracks, tires, etc.) of equipment used to install floating scoop_or screw traps sh.all not enter or operate waterward of the ordinary high water line. · 11. Equipment used for this project shall be free of external petroleum-based products while working around the stream. Accumulation of soils or debris shall be removed from the drive mechanisms (wheels, tires, tracks, etc.) and undercarriage of equipment prior to its working below the ordinary high water line. Equipment shall be checked daily for leaks and any necessary repairs shall be completed prior to commencing work activities along the stream. 12. Equipment crossings of the stream are not authorized by this HPA. VEGETATION . . 13. Aquatic vegetation shall not be removed or disturbed. Alteration of bank vegetation shall be . limited fo that necessary to install the traps. 14. Additional written approval of the Area Habitat Biologist shall be obtained prior to any vegetation removal necessary to provide equipment access. PROJECT MATERIALS 15. All treated wood shall be professionally treated and completely cured prior to installation below the ordinary high water line to minimize leaching into the water or substrate. The use of wood treated with creosote or pentachlorophenol is not authorized. Page2 of6 I .... Washington Department of FISH and ~. JRAUUC PROJECT APPROVA Statewide . WILDLIFE Issue Date: March 28, 2005 · Expiration Date: March 27, 2010. 600 Capitol Way N Olympia, WA 98501-1091 (360) 902-2200 Control Number: 100674-1 FPNPublic Notice#: 16. All lumber to be used for the project shall meet or exceed the standards established in 'Best Management Practices For the Use of Treated Wood in Aquatic Environments' developed by the Western Wood Preservers Institute, dated July 1996. · 17. Gravel bags shall be filled with clean, round gravel transported to the job site. The gravel shall not be obtained from the stream bed. Gravel may be deposited in the stream following project completion provided fines less than 0.25 inche.s do not exceed 3.0 percent total volume, and the used bags are removed from the job site and disposed of or reused properly. 18. Project materials including gravel bags and trap components may be stockpiled at the job site prior to or following project completion provided they are placed landward of the limits of anticipated flood flows. 19. Except as provided in Provision 17, sediment shall not be released from gravel bags or from other ma!erials imported to the job site. TRAP MAINTENANCE 20. Traps shall be inspected and maintained daily during the peiiod when they are in place. 21. Organic material that collects on the trap shall be removed and returned to state waters downstream of the project. Man-made trash shall be removed and disposed of so that it does not reenter waters of the state. · · 22. With the exception of those cases where WDFW policy requires lethal removal of adult straying hatchery fish or when juvenile fish must be lethally sampled for fish health testing or recovery of coded wire tags, fish shall not be harmed as a result of trapping or handling procedures. 1 These fish s.hall be immediately and safely released to state waters following data collection. TRAP REMOVAL 23. All trap components, except gravels as provided in Provision 17, shall be immediately removed from waterward of the ordinary high water line upon project completion. SITE RESTORATION 24. Within one year of project completion, the banks shall be revegetated with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet· (on center) and maintained as necessary for three years to ensure 80 percent survival. . PROJECT LOCATIONS Page 3 of 6 Washington Department of FISH and WILDLIFE H RAULIC PROJECT APPROVAL Statewide Issue Date: March 28,. 2005 Expiration Date: March 27, 2010 Location #1 Freshwater WRIA WATERBODY -- 99.0000 · Various 1/4 SEC. Section All 296 DRIVING DIRECTIONS: Township: 99 600 Capitol Way N Olympia, WA 98501-1091° (360) 902-2200 . Control Number: 100674-1 FPA/Public Notice#: Work Start:03-28-2005 Work End:03-27-2010 TRIBUTARY TO COUNTY Statewide Thurston Range: Latitude: Longitude 99 N w NOTES At the request of Pat Han ratty, WDFW Fish Program, this statewide Hydraulic Project Approva·1 (HPA) for WDFW fish traps for the capture and enumeration of upstream and downstream migrant fish populations is issued to replace HPA GH-D9407-08 which was issued October 25, 2004. This HPA supersedes all previous HPAs for this project, and allows installation, maintenance, and . removal of WDFW-operated fish traps statewide. This HPA does not authorize the installation, maintenance, or removal of traps at WDFW hatcheries for the capture of broodstock. · Ttiis Hydraulic Project Approval pertains only to the provisions of the Washington State Fisheries and Wildlife Codes. It is the permittee's responsibility to apply for and. obtain any additional authorization from other public agencies (local, state and/or feder~I) that may be necessary for this project. Incidental take coverage under the Endangered Species Act is required for this project. Consult with the NOAA Fisheries (formerly National Marine Fisheries Service (NMFS)) and United States Fish and Wildlife Service (USFWS) prior to commencement of project activities to acquire ·. necessary authorization. NOAA Fisheries may require a 10A-1A permit or other authorization. USFWS may have additional requirements. _This Hydraulic ProjecfApproval (HPA) does not constitute an after-the-fact HPA for work previously conducted below the ordinary high water line without a valid HPA, nor does it relieve the person(s) to whom this HPA is issued from any leg.al responsibilities for that previously conducted work. APPLY TO ALL HYDRAULIC PROJECT APPROVALS . This Hydraulic Project Approval pertains only to the provisions of the Washington State Fisheries and Wildlife Code, specifically RCW-77.55 (formerly RCW 75.20). 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 either 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. Page 4 of 6 ' Washington Departme~t of FISH and WILDLIFE I-' '1RAULIC PROJECT APPROVA Statewide 600 Capitol Way N Olympia, WA 98501-1091 · (360) 902-2200 Issue Date: March 28, 2005 Expiration Date: March 27, 2010 Control Number: 100674-1 FPNPublic Notice#: 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 or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 77.55.100 or 77.55.200 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 person(s) to whom this Hydraulic Project Approval is issued has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All Hydraulic Project Approvals issued pursuant to RCW 77 .55.110 may be · modified by the Department of Fish and Wildlife due to changed conditions after consultation with the person(s) to whom this Hydraulic Project Approval is issued: PROVIDED HOWEVER, that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 77.55.170: · . " APPEALS INFORMATION IF YOU WISH JO APPEAL THE ISSUANCE OR DENIAL OF, OR CONDITIONS PROVIDED IN A HYDRAULIC PROJECT APPROVAL, THERE ARE INFORMAL AND FORMAL APPEAL PROCESSES AVAILABLE. . . A. INFORMAL APPEALS (WAC 220-110-340) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.100, 77;55.110, 77.55.140, 77.55.190, 77.55.200, and 77.55.290: 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. A request for an INFORMAL REVIEW shall be in WRITING to tl')e Department of Fish and Wildlife HPA Appeals Coordinator, 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. If agreed to · by the aggrieved party, and the aggrieved party is the Hydraulic Project Approval applicant, resolution of the concerns will be facilitated through discussions with the Area Habitat Biologist and his/her supervisor. If resolution is not reached, or the aggrieved party is not the Hydraulic Project Approval applicant, the Habitat Environmental Services Division Manager or his/her designee shall conduct a review and recommend a decision to the Director or his/her designee. · 1f you are not satisfied with the results of this informal appeal, a formai appeal may be filed. B. FORMAL APPEALS (WAC 220-110-350) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.100 OR 77.55.140: A person who is aggrieved or adversely affected by the following Department actions may request' a formal review of: · (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made Page 5 cif 6 ···-Washington I-' ~RAULIC PROJECT APPROVAi -Statewide Department of FISH and · WILDLIFE Issue Date: March 28, 2005 Expiration Date: March 27, 2010 part of a Hydraulic Project Approval; (B) An order imposing civil penalties; or 600 Capitol Way N Olympia, WA 98501-1091 (360) 902-2200 Control Number: 100674-1 FPA/Public Notice#: (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 HPA Appeals Coordinator, shall be plainly labeled as 'REQUEST FOR FORMAL-APPEAL' and shall be RECEIVED DURING OFFICE HOURS by the Department at 600 Capitol Way North, Olympia, Washington 98501-1091, within 30-days of the Department action that is being challenged. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, the deadline for requesting a formal appeal .shall be within 30-days of the date of the Department's written decision in response to the informal appeal. C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.110, 77.55.200, 77.55.230, or 77.55.290: 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. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO CHAPTER 43.21 L RCW: 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 fonmal appeal. Thi:! FORMAL APPEAL shall be in accordance with the provisions of Chapter 43.21 L RCW and Chapter 199-08 WAC. The request for FORMAL APPEAL shall be in WRITING to the Environmental and Land Use Hearings Board at Environmental Hearings Office, Environmental and Land Use Hearings Board, 4224 Sixth Avenue SE, Building Two -Rowe Six, P.O. Box 40903, Lacey, Washington 98504; telephone 360/459-6327. E. 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. ENFORCEMENT OFFICER: Sergeant Rahn (39) P3 Pat Chapman Habitat Biologist . CC: Pat Hanratty, Fish Program Regional Habitat Program Managers Regulatory Services Section Staff · for Director WDFW Sergeants Charron, Jundt, Anderson, Brown, Ward, Grani, McIntosh, Holden, Webb, Jackson, Makoviney, Nixon Page 6 of 6 I : ;[10 IGC~·:J:J'.Xf!!J ·1,''[JJJ!)nYLJF?. -; !?'J'..Jl:JtJto.l<fi uMAP. Liberty Park ~·ov ! /'.!)~l~!/::J,f:.< i: .,/ .£." j! ;· .Y l ,f / I" 1/'!3U~•Y'JI'.! 4 •' / / $ ·,Y / ., " /-, '? "' 1101 «>:: / I •*--*~ffU#~4-~-----------~~-#Uff#ffftt't•**"**~-"tt*tt%*%*ff**""****tt~*******~-----------M-~-~-------~~Wffft~*#~M**•~-ff*tt / '' -~' ' c; <· ' -I) f /· \-'l,, ,.i· LPnar, d\Pr .,JC.iF;;<t', "'~~h'D t r~ip ,,{"' ~--5 Cedar River · .. , _.-S:7 ,AI ./ °' ' ,:..• ,:7" 200 o~:.1110~1 9 ~~' ./ ;="'*pi-,.,,,.. .#,-- .. -~ /_,-., "',r "",,_-;;:"_v ,:;.>#y .p-.p,- # + R-E:.rfT{".A-1 A'vl: S (Cl~ 1(.111~ Cc.umy COMMENTS'.N~ighbo!f'i90(1~Map .ff ~ ,,;. -~ ,,.- r:no O'.J::JJ:.•tt;J::J&t ,.-,/ .,Jr ;., " ,,_,, ·"" Renton~ ~ __ /- /i- ;;-;:a- r . 23N R. O~E ;;:-----__ -/ : t2J:J59U3J -- ,J',,,,. ,, ,, /'' -' 79 '" ,.{. ,,f/ _,{':-~ ..-f 'i:;,l "•s._ .,{ ·/ /·· ---------- ·----------.. '/23!}!.,<:,if):.f !/',!,J05!i1l9 Cedar River Trail Site ... Renton Cedar River Natural Zone 1.1(1~q::·t1!!: ti 0 15411 ;i;,,J059U!:J J5i9 ·-........ __ _ The information-included offthis map--haS-bE!:en comp!led:by,King County staff frOITI a v8riety of sourccis aOdlssubject to aiange.'Mthout riotice:-Rfog County makes no representations or warrantles,.expre_ss or impli~, as-to sc.cu~cy, -corilpleteness, timeliness, or rights to,_the use of such'.infor:natlon. Th!s document is-not intended for ·use as-a ·survey produc_t.'"_King Cour.ty shall not,be,li~_bleJOI" any.Qenera_1, sp8cia1,, indlre~, ~t')cidental, or consequential damages includ_ing; butno1 Umlted to,Jo_st revenues o_r _lost profits resultingJrom _the' ~e ·ou,1isuse of tha ~n~orJll3~io_~-~;!~-~~ ~~i's ~!p-: ~~y sale ~of-~% ~-Pt{~J?tm~:lo~ :°,r:_t~lsr ~a~ j~~rro,~i~_i;~, ~xc:~t _bY writt,a~pe~mi~~i?n ~!l!rg:c_oUI)~, ,,,:('' :·' .; : -' . ' ·--~' C ·r: . .:: ~ King County Oale:~1219/2008-· 0 Source: King County iMAfk-Prope_rtyJnformation (http:l/www.m~tro~.gov/GIS/1MAP) ~~ r,' (I) >\J DF111 fl: 0'1-t I l \ City of Renton and Washington Department of Fish and Wildlife Agreement For Access and Anchoring Fish Traps Along the Cedar River The City of Renton, through its Community Services and Public Works Departments, hereby provides temporary permission to the Washington State Department of Fish and Wildlife (WDFW) to access the Cedar River across City property for the purpose of anchoring floating fish traps to City owned land. The exa.ct locations of the traps are indicated on the attached aerial photograph and located between the mouth of the Cedar River and the Logan Street Bridge. Access across City property is for purposes associated with installing,Jremoving, operating, and maintaining the fish traps. Permission is b'Tanted to WDFW provided tp1 following stipulations are followed: o. Anchoring of fish traps shall not affect trees in the area and is limited. to naturally vegetated river bank. o Locations of anchors shall be signed (usirig a sign post) informing park users of their purpose and location. o Anchoring locations and future re-positioning of the traps and anchors shall be approved in the field by the Community Services and Public Works Departments, o The City reserves the right to request, and WDFW agrees, to relocate the fish traps and anchors for the following·reasons: o traps cause bank scour or damage to the levees, floodwalls or vegetation o trap location conflicts with City projects or programs. o prior to. anticipated high flood conditions . o If WDFW. intends to anchor traps to City bridges or the floodwall, the Public Works Department (Surface Water Utility and Transportation Division (Airport)] will require a review of the location and prior approval of all connections. o WDFW will be responsible for relocating the fish traps during maintenance dredging to avoid the existing locations conflicting with the dredging operations. This may include moving traps . upstream or. downstream of the construction area or removing traps from the river prior to maintenance dredging. o WDFW shall be required to repair any damages caused by the fish traps, anchors, and fish trap operations to the banks, City property, bridges, floodwall, including.trap placement into the river, or'removal from the river. ' I WDFW is solely responsible for installation and removal of fish traps, their operations, damages to public or p~rsonal property caused by their operations, and any harm to any person that occurs associated with the opirations of the traps and shall defend the City of Renton in any claims made for damages associated with fish trap operations. ,, , Permission becomes effective January I, 2009, and can be extended by written permission i.:!/ubsequent years beyond December 31, 2009. Community Services Administrator City of Renton Date Signed Representative Washington Department of Fish & Wildlife . MAR 19 2009 . Date Signed e _,,,.. Ihportmetu of FISH .,.d WILDUFE CAPS Cover Sheet TITLE: Cedar River Fish Trap & City of Renton MOU WDFW NUMBER: PERIOD: 01/01/2009 to 12/31/2009 STATUS: CONTRACTOR: City of Renton NUMBER OF AMENDMENTS: CONTRACTOR CONTACT: WDFW MANAGER: CONTRACT TYPE: No Cost, MOU/LOU PROGRAM: STAFF TYPE: WDFW DIVISION: CFDA NUMBER: AWARD NUMBER: . RFQQ/RFQ/RFP/IFB NUMBER: SUMMARY PROJECT DESCRIPTION: 09-1111 Pending ; 0 Mara Zimmerman (360) 902-2779 Fish Science · Letter of Understanding between the City of Renton and WDFW for access and anchoring fish traps along the Cedar River INTERNAL CONTACTS: Name Kelly Kiyohara Mara Zimmerman Mike Ackley Theresa Walker Beth Stultz I/ i" e.w-ru ( DISTRIBUTED-By: "inJ Date: ~O"I ~Wl \'!..1'¢!111.M, L.ffl ~ k'1 ~I,) <£f.J MtK-"E Ac1u el£ ( FP1 MAieLA PAC-.E;. ( FP) ________ (____) contractprojectsummary.rpt Role Work Phone Assistant Project Manager (360) 902-2797 Project Manager (360) 902-2779 Assistant Project Manager (360) 902-2780 Contract Staff (360) 902-2439 Budget Approver ... Page 1 of 1 Date Printed: 3/19/2009 .. ~ (:;.)