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Home My WebLink AboutMLA17-00060 FINAL SEPA DNSFINAL DETERMINATION OF NON -SIGNIFICANCE AND LEAD AGENCY STATUS DATE: October 13, 2017 PROPONENTS: JEFFERSON CO. PUBLIC WORKS 623 SHERIDAN ST. PORT TOWNSEND WA 98368 PROPOSAL: SHORELINE SUBSTANTIAL DEVELOPMENT & SHORELINE CONDITIONAL USE PERMIT WITH SEPA REVIEW (SUBJECT TO A STORMWATER MANAGEMENT PERMIT) The Western Federal Lands Highway Division (WFLHD) of the Federal Highway Administration (FHWA), in partnership with Jefferson County, proposes to construct bank stabilization and bridge and culvert improvements in six locations along the Upper Hoh River Road (UHRR). The proposed project will develop and implement bank stabilization solutions at three locations along the UHRR, and will replace or improve three existing bridge or culvert locations. The roadway at these sites is at risk of washing away in a large flood. Bank stabilization will consist of installing engineered logjams (ELJs) with dolosse at the three sites. ELJs are collections of large woody debris (LWD) that when placed in a river or other water body, redirect flow and increase stability to a bank or downstream gravel bar. Installation is patterned after stable, naturally -occurring log jams, which are usually formed by large trees with rootwads attached that stabilize and anchor other debris that accumulate against the trees. Specifically, bank stabilization activities will occur at Sites Cl, C2, and C4 and will occur in and directly adjacent to the Hoh River. Culvert replacement will occur at MP 4.38 of the UHRR. Bridge replacement will occur at Sites C3 and C5. The application submittal includes construction plans and a temporary erosion and sediment control plan prepared by FHWA for the project as well as the Lindner Creek Mitigation Site. Permanent riparian and wetland impacts are shown in JARPA figures. The project is proposed to occur between Summer 2018 and Fall 2020. The submittal includes a Joint Aquatic Resource Protection Application, Biological Assessment and Survey, 2015 Wetland Delineation Report, 2017 Wetland Addendum and a Wetland Mitigation Plan, Hydraulic Report, Upper Hoh River Bank Failure Risk Reduction Study, Logs and Soils Test Results, and WDNR Mass Wasting Module Level II Assessment. Final authority for shoreline conditional use permit decisions rests with the Washington State Department of Ecology. The project is subject to a Washington Department of Fish and Wildlife Hydraulic Project Approval, Clean Water Act Section 404 and 401 Water Quality Certification administered by Department of Ecology, Dept. of Natural Resources Aquatic Lease Authorization, Section 7 of the Endangered Species Act administered by NOAA fisheries; Section 106 of the National Historic Preservation Act administered by Dept. of Archaeological and Historic Preservation, and Coastal Zone Management Certification by Department of Ecology. PROPERTY LOCATION: Multiple parcels and areas located in the public transportation and river right-of-way on the Upper Hoh River Road (UHHR) between mile post (MP) 3.6 and MP 10.2 to include: • C2 site and MP 4.38 bank stabilization: 712 253 000, 711 302 000 (S25-T27N-Rl 1W: MP 4 & 4.38 L HHR); • C3 site: Tower Creek Bridge Crossing: 711 283 002, 711 283 003 (S25-T27N-RI IW: MP 7.5 UHHR); • C4 site: bank stabilization: 711 271 000 (S25-T27N-RI1W: MP 7.6 UHHR); • C5 site: Canyon Creek Bridge Crossing: 711 253 001 (S25-T27N-R11 W: MP 10.2UHHR) NOTICE OF LEAD AGENCY: Jefferson County has determined that it is the lead agency for the above- described proposal. NOTICE OF NON -SIGNIFICANCE: Jefferson County has determined that the above described proposal, conducted in conformance with the applicable Jefferson County Codes and Ordinances, would not have a probable significant adverse impact on the environment, and an environmental impact statement is not required under RCW 43.21 C.030(2)(c). This decision was made after review of the Environmental Assessment prepared by Western Federal Lands and Highway Division (WFLHD), the federal lead agency for National Environmental Policy Act (NEPA) compliance. On July 20, 2017 WFLHD found that the proposal will have no significant impact on the environment and that an Environmental Impact Statement is not required by Section 102(2) of NEPA or its implementing regulations. Jefferson County adopted the NEPA EA in lieu of a SEPA environmental checklist, as allowed by Washington Administrative Code 197- 11-610. PUBLIC NOTICE: The Preliminary SEPA Determination of Non -Significance (DNS) was published in the Port Townsend Leader on September 6, 2017 and a 30 -day comment period was provided ending October 6, 2017. COMMENT PERIOD: This DNS is issued after using the optional DNS process in WAC 197-11-355. Jefferson County has considered comments on its preliminary determination of nonsignificance. There is no further comment period on the DNS. APPEAL PERIOD: Any appeal of this determination on the basis of noncompliance with the provision of Chapter 43.21 c RCW (State Environmental Policy Act) must be submitted in writing before 4:OOpm on October 27, 2017 to the Jefferson County Development Review Division ( Jefferson County Department of Community Development, 621 Sheridan Street, Port Townsend, Washington 98368) for consideration by the Jefferson County Hearing Examiner. Per JCC 18.40.810, the decision of the responsible official on Type II permits making a threshold determination of a DNS, approving a proposal subject to conditions, or denying a proposal under SEPA's substantive authority may be appealed to the hearing examiner pursuant to JCC 18.40.280 for an open record appeal hearing. Any such appeal must be filed within the time limits of JCC 18.40.330(2)(b), and must be consolidated with any appeal on the underlying Type II permit decision. Any requests for reconsideration shall be governed by JCC 18.40.310. The responsible official's DNS may be appealed to the hearing examiner by the applicant or anyone commenting on the environmental impacts of the proposal as further set forth in JCC 18.40.810. All appeals of Type H permit decisions must be in writing, conform with the procedures for appeal set forth in MLA 17-00060 Upper Hoh River Rd Bank Stabilization Page 2 of 3 subsection (5) of this section, and be filed within 14 calendar days after the notice of decision is issued. Appeals of environmental determinations under SEPA, except for a determination of significance (DS), shall be consolidated with any open record hearing on the project permit. (See RCW 36.70B.110(6)(d)). A notice of appeal shall be delivered to the administrator by mail or by personal delivery, and must be received by 4:00 p.m. on the last business day of the appeal period, with the required appeal fee of $1,013.00 The notice of appeal shall contain a concise statement identifying: -The decision being appealed and the identification of the application which is the subject of the appeal; -The name, address, and phone number of the appellant and his/her interest in the matter; -Appellant's statement describing standing to appeal (i.e., how he or she is affected by or interested in the decision); -The specific reasons why the appellant believes the decision to be wrong. The appellant shall bear the burden of proving the decision was wrong; -The desired outcome or changes to the decision; and -A statement that the appellant has read the appeal and believes the contents to be true, signed by the appellant. Any notice of appeal not in full compliance with this section shall not be considered. DETERMINATION OF THE SEPA RESPONSIBLE OFFICAL I have reviewed and considered the referenced proposal, the environmental checklist, public comments, and other available material, and determine that there is no reasonable likelihood that the proposal will have probably significant adverse environmental impacts. I he b issue a Determination #` Non -Significance Dave reethar; SEA esponsible Official MLA17-00060 Upper Hoh River Rd Bank Stabilization Page 3 of 3 /z3 Date