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HomeMy WebLinkAboutMLA17-00060 UHRR Shoreline Stabilization Staff Report edited MLA17-00060/SDP17-00011 Page 1 of 29 Upper Hoh River Road Shoreline Stabilization DEVELOPMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO THE UDC ADMINISTRATOR Re: Type II Conditional Administrative Use ) PROPOSED FINDINGS, ) CONCLUSIONS, AND ) RECOMMENDATIONS File No.: MLA17-00060/SDP17-00011 ) Applicant: Jefferson County Public Works ) SUMMARY APPLICATION AND RECOMMENDATION Date of Application: The application was received on August 17, 2017, and was found substantially complete on August 29, 2017. Proposal: SHORELINE SUBSTANTIAL DEVELOPMENT & SHORELINE CONDITIONAL ADMINISTRATIVE 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, 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 log jams (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. Dolosse are concrete jack-like structures used as ballast to help the ELJ resist a high range of flood flow conditions and expected woody debris accumulation. Specifically, bank stabilization activities will occur at Sites C1, 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 at the Tower Creek and Canyon Creek crossings. Replacing MP 4.38 and Canyon Creek culverts is needed [Canyon Creek is currently a culvert but will be replaced with a bridge] because they are undersized and require frequent maintenance to remove debris and sediment. They are also currently barriers to fish passage at certain flows. Tower Creek bridge must be reconstructed because it is currently scoured by Hoh river migration, which has caused the channel to incise. MLA17-00060/SDP17-00011 Page 2 of 29 Upper Hoh River Road Shoreline Stabilization 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 and Spruce Creek/Canyon Creek Mitigation Sites. 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 & 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. Specific Activities include:  Clearing vegetation and grading certain areas to establish staging, work areas, and access to project sites;  Installing erosion control and stormwater Best Management Practices (BMPs);  Implementing traffic control measures;  Mobilizing and stockpiling materials and equipment;  Installing temporary stream diversions (at stream crossings) and flow deflection at certain locations along the bank of the Hoh River near bank stabilization sites;  Excavation and fill activities related to culvert demolition and ELJ/dolosse installation;  Assembling ELJ/dolosse bundles at the primary staging area and installing them at Sites C1, C2, and C4;  Replacing the culvert at MP 4.38 with a new 16- by 16-foot concrete box culvert;  Replacing the existing bridge at Tower Creek with a new bridge and the existing culvert at Canyon Creek with a bridge;  Conducting agency-required mitigation at MP 6.7 and MP 9.8; and  Restoring disturbed areas, including stream buffers. Project 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 bank stabilization and MP 4.38 culvert replacement: 712 253 000, 711 302 000 (S25-T27N-R11W: MP 4 & 4.38 UHHR);  C3 site: Tower Creek Bridge Crossing: 711 283 002, 711 283 003 (S25-T27N-R11W: MP 7.5 UHHR);  C4 site: bank stabilization: 711 271 000 (S25-T27N-R11W: MP 7.6 UHHR);  C5 site: Canyon Creek Bridge Crossing: 711 253 001 (S25-T27N-R11W: MP 10.2UHHR) Recommendation: Approval with conditions Project Planner: Emma Bolin MLA17-00060/SDP17-00011 Page 3 of 29 Upper Hoh River Road Shoreline Stabilization BACKGROUND INFORMATION Applicant: JEFFERSON CO. PUBLIC WORKS 623 SHERIDAN ST. PORT TOWNSEND WA 98368 Site Conditions:  The project area consists of public and private open forest land  A few rural residences located near MP 6.0  Active logging on south side of valley  Hoh River is a glacially influenced river with extremely active channel migration zone and floodplain with changing meanders and side channel formation and elimination.  Forest stands are mid-seral, but some old-growth areas are present, such as Tower Creek.  Primarily native upland and wetland forest vegetation except for ditches and cleared areas adjacent to roadside where there are non-native species.  Hoh River and three tributaries affected: Tower Creek, Canyon Creek (both swift flowing perennial streams) and S12 (seasonal intermittent stream) at the culvert at MP 4.38.  Tower Creek is perched above Hoh River, precluding fish access during the summer.  Wetlands to the north of the river or uphill side of road.  Historic Construction of berm north of road created barrier to normal overland and subsurface flow leading to development of depressional wetland hydrology.  Wetlands are mostly forested with some cases of mature forest conifer overstory.  Jurisdictional ditches where ditches convey a stream or adjacent to a wetland. These areas were constructed and maintained as part of the roadway drainage system. Surrounding Area: The project area is located along the Upper Hoh River in the Hoh River Valley, west of Olympic National Park (ONP) and east of US 101, in Jefferson County, Washington. The UHRR is the primary access to the northwestern side of the ONP and the Hoh River Rainforest, one of the ONP’s most popular destinations. UHRR is also the primary access to a few small enclaves of rural residences. Most of the project area is characterized by undeveloped public and private forest land. Site Visit: June 7, 2017 Shoreline Designation: Pursuant to the SMP, the parcel is designated conservancy above the ordinary high water mark. The purpose of the conservancy designation states, “The conservancy designation provides for sustained use of resource lands and other relatively undeveloped shorelines while protecting ecological functions, conserving natural, historic and cultural resources, and providing recreational opportunities.” The parcel is designated priority aquatic below the ordinary high water mark. The purpose of the priority aquatic designation states, “The priority aquatic designation protects to the highest degree possible and, where feasible, restores waters and their underlying bedlands deemed vital for salmon and shellfish.” Comprehensive Plan Designation: The Jefferson County Comprehensive Plan (adopted August 28, 1998) designates the subject parcels RR 1:20 and Commercial Forest-80 acres State Environmental Policy Act (SEPA) Review: Reviewed under the State Environmental Policy Act MLA17-00060/SDP17-00011 Page 4 of 29 Upper Hoh River Road Shoreline Stabilization (SEPA) by Jefferson County acting as lead agency. A Determination of Non-Significance (DNS) was issued on October 13, 2017. Procedural Information: Notice of Application  Application submitted to the Department of Community Development: August 17, 2017  Staff determined the application substantially complete: August 29, 2017  This application is vested under the ordinances in effect on August 17, 2017  Notice of Application mailed to adjacent property owners & agencies: September 6, 2017  Posting of Notices by applicant/representative: September 6 , 2017  Publication of Legal Notices: September 6 , 2017 (Port Townsend-Jefferson County Leader)  Comment period was open for 30 calendar days (per JCC 18.40.220) through October 6, 2017 Comments: Notices were sent to adjacent property owners within 300 feet of the subject parcel. No adjacent property owners commented.  Staff requested review and comments on the application from the following agencies and departments:  Dept. of Ecology  Dept. of Archaeological and Historic Preservation  Skokomish Tribe  Point Not Point Tribe  Jamestown S’Klallam Tribe  Suquamish Tribe  Port Gamble S’Klallam  Quinault Tribe  Hoh Tribe  Quileute Tribe  Jefferson County Environmental Health  Jefferson County PUD  WA Dept. of Transportation  US Navy  WA Dept. of Health  Jefferson County Sheriff  Quillayute Valley School District  Dept. of Fish and Wildlife  Port Townsend Leader  Peninsula Daily News  WA Dept. Fish and Wildlife  US Army Corps of Engineers  Donna Frostholm, DCD  Agency Comments Received: Department of Ecology and DCD staff biologist both provided comments on the submitted biological survey and wetland mitigation. STAFF FINDINGS The following presents staff findings regarding consistency of the application with the Jefferson County Comprehensive Plan and the Jefferson County Code. Based on the findings presented below, recommended staff conditions are included at the end of this staff report. 1. This is a conditional approval, pending final review and approval by the Washington State Department of Ecology for compliance with the Shoreline Management Act and the Jefferson County Shoreline Master Program. 2. A County DCD Pre-application Conference for the project was held on April 25, 2017. 3. The Comprehensive Plan Designation for sites C1, C2, MP4.38 culvert replacement and C3 is Rural MLA17-00060/SDP17-00011 Page 5 of 29 Upper Hoh River Road Shoreline Stabilization Residential 1:20. The Comprehensive Plan Designation for Sites C4, Spruce Creek/Canyon Creek Mitigation, and C5 is Commercial Forest 1:80. The Lindner Creek Mitigation does not have a Comprehensive Plan Designation. 4. The proposal is within shoreline jurisdiction and is subject to the development regulations in the Shoreline Master Program (JCC 18.25). 5. The shoreline designation is conservancy. The project is designated priority aquatic below the ordinary high water mark. 6. The proponent submitted an Environmental Assessment [herein referred to as “Final EA] and a Finding of No Significant Impact (FONSI) as part of the NEPA environmental review process. 7. The proposal was reviewed under the State Environmental Policy Act (SEPA) by Jefferson County acting as lead agency. Determination of Non-Significance (DNS) was issued on October 13, 2017. 8. JCC Table 18.25.220, lists non-residential structural marine armoring as a Conditional Administrative “C (a)” Use within the Priority Aquatic Shoreline Environmental Designation. 9. The culvert replacement at MP4.38, The Tower Creek Bridge replacement and the Canyon Creek culvert replacement are shoreline exemptions for repair and maintenance subject to JCC 18.25.560(2). 10. The applicant applied for a “C(a)” use permit on August 17, 2017. 11. The application was reviewed by the Jefferson County Department of Community Development staff for the potential presence of Critical Areas under the provisions of the Unified Development Code (UDC). After an initial Geographic Information Systems mapping review and an investigative site inspection, the following Critical Areas were confirmed to be present on the subject property: Class III wetland, Frequently Flooded Areas, Type “S” Shoreline Stream (Fish and Wildlife Habitat Conservation Area), as well as a range of Type F, NS, and NS streams, areas with which federally listed bull trout, Chinook salmon, Coho salmon, steelhead, Dolly varden, marbled murrelet, and Northern spotted owl have a primary association. 12. The bank stabilization is designed by a federal engineer. Federal authority preempts requirements for a design by a state licensed professional. 13. A Wetland Stream and Mitigation Report prepared by David Evans and Associates Inc. dated March 2018 identifies wetland and stream impacts. The report provides a mitigation and monitoring plan for wetlands impacted with a 2:1 creation ratio including wetland creation at Site C1 and 190-acre side channel of the Hoh River associated with Lindner Creek. 14. The proposal will be located in the Hood Canal, in an area that is mapped on the Federal Emergency Management Agency Flood Insurance Rate Map (panel 5300690600B and 5300690625B) as Zone A. The proposed project is subject to the requirement for a flood development permit, which is incorporated into this decision. The proposal meets the definition of development but not structure in the flood damage prevention ordinance, as codified in JCC 15.15.050. 15. The proposed project will result in a water surface elevation increase of only 0.5 foot. The project will not cumulatively increase water surface elevation more than one foot. 16. Fill, dredging, shoreline armoring, and in-stream structures are necessary waterward of OHWM to provide stabilization for the Upper Hoh River Road, which provides public access for a substantial number of people. These activities are necessary to install Lindner Creek and Spruce Creek mitigation, which is an ecological enhancement project benefitting fish habitat. Fill, dredging, and instream structures are also required to replace lawful culverts and a bridge. 17. A temporary erosion and sediment control plan was provided in the 70% plan set from Sheet # F.2 – F.15, The Final Environmental Assessment also references Best Management Practices in the TESC plan. 18. The applicant applied for a stormwater management permit application. The applicant is proposing to create or add 1,800 square feet of impervious surface and 187,000 square feet of land disturbing activities. JCC 18.30.060 and 18.30.070 require the project applicant to meet Minimum Requirements #1 through #10 of the Department of Ecology Stormwater Management Manual for MLA17-00060/SDP17-00011 Page 6 of 29 Upper Hoh River Road Shoreline Stabilization Western Washington. 19. The Washington Department of Fish and Wildlife issued Hydraulic Project Approval (HPA) for this activity on May 7, 2018 under Permit Number 2018-6-192+01 The HPA expires on September 30, 2021. 20. The site plan as submitted with the shoreline stabilization and bridge/culvert repair project on August 17, 2017 has been reviewed for consistency under the UDC, and has been approved by Jefferson County Department of Community Development. Any modifications, changes, and/or additions to the stamped, approved site plan dated May 10, 2018 shall be resubmitted for review and approval by Jefferson County Department of Community Development. 21. The proponent made Mitigation and Environmental Commitments in the FONSI document to install the following project mitigation:  Lindner Creek Side Channel Engineered Log Jams at MP 6.7 to 7.3  Spruce Creek/Canyon Creek ELJs at MP 9.8  Conduct construction activities outside of critical nesting times for sensitive species, where feasible, including critical nesting seasons for marbled murrelet (April 1 to September 23) and Northern spotted owl (March 1 to September 30);  Conduct construction activities outside of critical spawning times for Chinook and steelhead salmon, where feasible;  Utilize stream flow diversion, bypass, and fish exclusion methods at Tower Creek and Canyon Creek to minimize downstream sedimentation impacts;  Implement all reasonable and prudent measures and terms and conditions identified during Endangered Species Act (ESA) consultation, and as prescribed by USFWS in the Biological Opinion (see pages 73 and 74 of Appendix F);  Adhere to all conditions in issued permits and approvals (e.g., Hydraulic Project Approval, Clean Water Act [CWA] Section 404 Permit, CWA Section 401 Water Quality Certification, CWA Section 402 Construction Stormwater General Permit, Shoreline Substantial Development Permit); and  Implement stormwater and erosion control BMPs prior to construction, and maintain them throughout construction and until vegetation is established. 22. This is a shoreline conditional use approval for shoreline stabilization and bridge/culvert repair project only. Any future permits on this site are subject to review for consistency with applicable codes and ordinances and does not preclude review and conditions, which may be placed on future permits. REVIEW CRITERIA State and Local Approvals and Permits Required:  Jefferson County Department of Community Development: Shoreline Conditional Administrative Use Permit, Shoreline Substantial Development Permit, and building permit for bridge and culvert repair.  Department of Ecology: Final Authority on Shoreline Conditional Administrative Use permit Applicable Ordinances and Plans:  Shoreline Master Program for Jefferson county, effective February 21st, 2014,  Jefferson County Comprehensive Plan, adopted August 28, 1998, as amended, and  Jefferson County Code (JCC), JCC Title 18, Unified Development Code (UDC), adopted December 18, 2000 and effective January 16, 2001 as amended MLA17-00060/SDP17-00011 Page 7 of 29 Upper Hoh River Road Shoreline Stabilization STAFF ANALYSIS & CONCLUSIONS I. Jefferson County Comprehensive Plan Goals and Policies applicable to the proposal: LNG 14.0 Preserve the functions and values of critical environmental areas and protect development from the risks of environmental hazards. LNP 14.2 Allow residential, commercial, and industrial development in a manner that minimizes risk from flooding, earth movement, shoreline erosion, and other natural hazards. ENG 5.0 Allow development along shorelines which is compatible with the protection of natural processes, natural conditions, and natural functions of the shoreline environment. ENP 5.1 Regulate shoreline land use activities based on the best available scientific information. ENP 5.2 Protect nearby properties and the shoreline environment from the individual or cumulative effects of development that may interfere with the functions of sediment transport systems along the shoreline. Staff Comment: 14.0, 14.2 and 5.0 The NEPA Finding of No Significant Impact (FONSI) document states that the Engineered Log Jam is the Least Environmentally Damaging Practicable Alternative because it decreases the probability of the road washing away and increases road reliability to area residents, employees, and national park visitors. The project is designed to provide fish habitat benefits including fish passage and in-stream habitat. The Wetland and Stream Mitigation Plan, herein referred to as the “Wetland Report” states that the proposal will avoid and minimize impacts to the greatest extent practicable. The proponent submitted a Biological Opinion from US Fish and Wildlife Service to demonstrate compliance with federal Endangered Species Act regulations, which included a Biological Assessment “not likely to adversely affect” determination for listed species. Wetland and stream avoidance is not possible due to the in-water work of the project. However, the proposal incorporates minimization efforts and compensatory mitigation by the Wetland Report consistent with 2:1 mitigation ratios required by JCC for Category III wetlands. 5.1 Staff comments describe the best available scientific information submitted in support of the project. 14.0, 14.2, 5.0 and 5.2 FHWA partnered with the Turner-Faorbank Highway Research Center to conduct a flume analysis of the proposed project. The Upper Hoh River Road Bank Stabilization Hydraulics Report (herein referred to as “Hydraulics Report”) states that the project design is not expected to noticeably increase flooding or bank erosion on private property adjacent to the project sites above current levels. This report also states that “higher flow velocities along the ELJ’s sides will scour the bed materials. The materials will be deposited as gravel bars. Mid-channel and floodplain sediment deposition is not expected to be noticeably different than current trends. Current natural active channel migration and bank erosion levels beyond the existing riprap revetments and proposed bank stabilization is expected to continue.” The additional work including the culvert at MP4.38, C3 Tower Creek Bridge, and C5 Canyon Creek Bridge would improve fish passage, allow natural width of the tributary, and would reduce backwater impacts thereby benefitting the tributary’s floodplain. Impacts to hydrology are negligible. The project will not result in cumulative impacts as discussed in Article II Part D #2. LNP 14.3 Support cooperative ecosystem and habitat management processes between stakeholders and local, state, federal, and tribal governments. MLA17-00060/SDP17-00011 Page 8 of 29 Upper Hoh River Road Shoreline Stabilization Staff Comment: The proponents conducted NEPA public scoping in which several federal, state, tribal, and local organizations participated. Stakeholder groups participated in the project planning and review process including area residents and business, Hoh River Trust, Hoh Rainforest Enterprises, Olympic Environmental Council, and North Olympic Salmon Coalition. LNP 14.4 Ensure that land use decisions along Jefferson County shorelines protect the shoreline environment, facilitate public access, recognize the needs of water-oriented activities and cooperate with regional plans for protection and management of shorelines. In areas of the County under the jurisdiction of the Shoreline Management Act (Chapter 90.58 RCW), activities which are water-oriented will be preferred over those activities which are not, all other factors being equal, consistent with the Shoreline Management Act and the land use designations, goals, and policies of this Comprehensive Plan. Staff Comment: The shoreline stabilization proposal is a water-oriented use. The project is intended to protect the existing public access used by area residents and visitors to Olympic National Park. Informal boat access at MP4.31 would be maintained to the extent possible; although temporary access disruptions could occur during construction. The Final EA states that new natural small-boat launch locations may develop as the river changes in shape and direction. ENG 2.0 Protect the quality and quantity of surface and ground water resources, and enhance and restore them where they have been damaged. ENP 2.1 Preserve the environmental functions of surface and ground water resources whenever feasible, and require mitigation measures for land use activities that may adversely impact surface and ground water. ENP 2.2 Manage surface water resources in accordance with a storm water management plan developed within the framework of a comprehensive watershed management plan. Staff Comment: The project must comply with the Department of Ecology Stormwater Management Manual for Western Washington. The project will affect surface water due to wetland and in-water work. Mitigation measures are provided in the project’s Environmental Commitments. There will be temporary turbidity releases that will be minimized in accordance with BMP’s listed in the TESC. As conditioned, the proposal complies with these goals and policies. TRG 1.0 Provide a safe, convenient, efficient and integrated highway and arterial system for the movement of people and goods; one that is functionally well maintained, reflects local environment, and meets the demands of the future. TRP 1.3 Minimize life cycle costs of the County transportation system by preserving and maintaining both the adequacy and operating condition of the existing transportation system. Staff Comment: The Final EA states “The proposed project implements cost-effective, long-term bank stabilization solutions at three locations along the UHRR. The roadway at these sites is at risk of washing away in the event of a large flood. The purpose of the proposed bank stabilization improvements is to eliminate or substantially reduce this risk at these three locations, and to assure safe and consistent access to residents, businesses, and ONP visitors via the UHRR. The project will also replace or improve three existing bridge or culvert locations, the intent of which is also to assure safe and consistent access to residents, business, and ONP visitors via the UHRR.” TRG 7.0 Ensure that the Jefferson County Transportation Plan reflects public desire and is coordinated and consistent with the plans of state, regional, and local governments. TRP 7.3 Reduce duplication of services, program costs, and increase the quality of service. MLA17-00060/SDP17-00011 Page 9 of 29 Upper Hoh River Road Shoreline Stabilization TRP 7.4 Coordinate planning for transportation improvements and projects with the facilities/utility planning activities of other agencies and utilities in order to ensure that per - project costs are reduced, environmental impacts minimized, and community inconvenience and disruption lessened. TRP 7.5 Comply with the Americans with Disabilities Act of 1990 (ADA) in all transportation projects. Staff Comment: 7.0: Appendix B of the FONSI features public comments and WFLHD responses, which demonstrates coordination with other government agencies and the public. Generally, comments reflect a public desire to construct the project and reflect coordination with other agencies and utilities. 7.3 and 7.4: The cost to repeatedly maintain safe access has increased substantially in the last decade. The County and WFLHD through the Emergency Relief Program have spent over $5 million on 13 projects to maintain safe access along the twelve-mile portion of the road between US 101 and ONP. The proposal would reduce these repeated program costs and increase the road’s resiliency; thereby providing increased quality of service. 7.5 The project does not have any features that ADA would apply to, such as pedestrian areas, sidewalks, trails, or ramps. Neither the roadway nor the bridges have sidewalks. Essentially, the project complies with ADA because it maintains vehicular access along the road and to the Hoh Rainforest Visitor Center of the ONP, which does have ADA-specific features. ENP 5.7 Manage storm water for proposed and existing development in a manner consistent with Department of Ecology Stormwater Management Manual for Western Washington. Staff Comment: As conditioned, the project complies with this policy. ENP 14.2 Land use activities that may impact wetlands should be reviewed in the context of a comprehensive watershed and habitat conservation plan. Staff Comment: Jefferson County does not have a comprehensive watershed nor a habitat conservation plan for the rivers located on the west side of the county. However, the Wetland Report states that “WFLHD took a watershed approach to mitigation by engaging local stakeholders and regulatory agencies with the best knowledge of the aquatic habitat needs in the Hoh River and identifying how the proposed project could best offset its impacts and meet long-term restoration objectives in the watershed.” II. Jefferson County Unified Development Code applicable to the proposal: A. Chapter 18.22 JCC - Critical Areas The proposal is required to comply with the critical area regulations for Class III wetland, Frequently Flooded Areas: Type “S” Shoreline Stream (Fish and Wildlife Habitat Conservation Area), as well as a range of Type F, NS, and NS streams, areas with which federally listed bull trout, Chinook salmon, Coho salmon, steelhead, Dolly varden, marbled murrelet, and Northern spotted owl have a primary association. 1) JCC 18.22.250 (3) FHWCA Regulated Activities – Bank Stabilization (a) A stream channel and bank, bluff, and shoreline may be stabilized when naturally occurring earth movement threatens existing legal structures (structure is defined for this purpose as those requiring a building permit pursuant to the building code), public improvements, unique natural resources, public health, safety or welfare, or the only feasible access to property, and, in the case of streams, when such stabilization results in MLA17-00060/SDP17-00011 Page 10 of 29 Upper Hoh River Road Shoreline Stabilization maintenance of fish habitat or improved water quality, as demonstrated through a habitat management plan or equivalent study or assessment. Bluff, bank and shoreline stabilization shall follow the standards of the Jefferson County shoreline master program, geologically hazardous areas provision in this chapter, and the floodplain management ordinance (Chapter 15.15 JCC). (b) The administrator shall require that bank stabilization be designed by a professional engineer licensed in the state of Washington with demonstrated expertise in hydraulic actions of shorelines. For bank stabilization projects within FWHCAs, the applicant must provide a geotechnical report that demonstrates that bioengineering solutions (vegetation versus hard surfaces) are infeasible. The report must document the engineering rationale why bioengineering solutions are infeasible in a manner that can be confirmed through review by other engineering professionals. Bank stabilization projects may also require a hydraulic project approval from the Washington Department of Fish and Wildlife that will be determined after consultation with WDFW. Staff Comment: The project stream bank needs to be stabilized because it threatens an existing public road that provides access to unique natural resources—Olympic National Park, and is the only feasible access to several residences. The bank stabilization is designed by a federal engineer. The county may not impose a requirement that Federal engineering plans are stamped by a state engineer. The preferred build alternative is to use bioengineering elements incorporating root wad bundles and dolosse. Other bioengineering solutions were considered in the Final EA but were dismissed including:  stream barbs and groins comprised of large wood debris which can cause more significant changes to downstream and upstream hydraulic and erosion patterns,  log crib walls which would be vulnerable to scour and subsequent undermining, and  road relocation which would further displace critical areas and require retaining wall construction due to steep slopes. A portion of the project includes repairs (bridge and culvert replacement), and is therefore exempt from Critical Areas compliance as long as the project does not cause further intrusion into the critica l area. Staff comments on the November 2017 wetland report remarked that buffer disturbance area was unclear. The applicant addressed this comment in the March 2018 revised report; however, the consultant has made some assumptions for impact areas and stated that the contractor will ultimately determine the extent of construction-related impacts. Given that this has the potential to result in impacts to critical areas beyond what was addressed in the Wetland Report, the approval conditions require the work area to be clearly marked with orange construction barrier fencing per the Wetland and Stream Impact Sheets and any activities beyond this area must receive prior DCD approval. A portion of the project includes installation of ELJ’s to provide mitigation at Lindner Creek and Spruce Creek/Canyon Creek. The goal of the Lindner Creek mitigation site is to preserve a side channel complex that would provide:  Preservation and maintenance of vital rearing and high-water refuge habitat for steelhead, Chinook salmon, coho, and bull trout;  Preservation of nearby priority steelhead spawning areas, which could potentially undergo modification during the next channel migration event;  Protection of the remaining mature forest stand south of the UHRR;  Encouragement of riparian forest development in the area surrounding the side channel complex by preventing a future channel migration (this area provides important forage and cover for Roosevelt elk, particularly in the spring); and MLA17-00060/SDP17-00011 Page 11 of 29 Upper Hoh River Road Shoreline Stabilization  Preservation of the configuration of small overflow channels in the ‘peninsula’ area that currently exist as small, finger- and overflow-channels, rather than having them develop into larger channels, or join the main channel, if a river migration occurs. The goal of the Spruce Creek/Canyon Creek EJ installation is to help mitigate existing riprap placed during a previous emergency road repair. This installation will provide the following benefits:  Preserve the existing riparian habitat at this location, where the river is actively scouring upstream of the riprap installation;  Improve channel roughness and complexity, which has decreased due to nearby riprap;  Provide additional rearing habitat and cover for salmonids, through decreasing near-shore flow velocity at this important location near the mouth of Spruce Creek and the mouth of Canyon Creek (Canyon Creek flows through a large side channel and joins the mainstem upstream of this location); and  Provide more favorable habitat for juvenile salmonids through (1) the use of the ELJs itself as cover, and (2) creation of additional channel complexity including scour pools. (Post-construction monitoring studies of similar ELJ structures installed by WSDOT in the lower Hoh River and elsewhere have demonstrated this effect.) 2) Article VII Wetlands Chapter 18.22 Jefferson County Code JCC 18.22.350(2) Compensatory Mitigation – General Requirements. As a condition of any permit or other approval allowing alteration which results in the loss or degradation of regulated wetlands, or as an enforcement action pursuant to Chapter 18.50 JCC, compensatory mitigation shall be required to offset impacts resulting from the actions of the applicant or any code violator. Staff Comment: The Wetland Report identified temporary and permanent project impacts; 1,562 square feet of Class III wetlands named Wetland 1, 5, WC3-A and WC3B, and WC4-A and several jurisdictional ditches. These wetlands require 80-foot buffers, except WC4-A which requires a 150-foot buffer. All of the permanently affected wetlands are previously disturbed and in close proximity to the Upper Hoh River Rd. A portion of the project includes repairs (bridge and culvert replacement), and is therefore exempt from Critical Areas compliance as long as the project does not cause further intrusion into the critical area. However, the project provided a 2:1 mitigation creation ratio for all impacts with proposed wetland creation at Site C1 and an approximately 190-acre side channel of the Hoh River associated with Lindner Creek between MP 6.7 and 7.3. The report also notes project avoidance and minimization techniques including delineation and mapping of critical areas to avoid using these areas when possible, using retaining walls at bridge locations, using access and staging areas in previously disturbed areas, avoiding critical spawning periods for sensitive fish species, and preparation of a water quality and maintenance plan. The mitigation and monitoring plan provides benchmarks for five years. The monitoring intervals in Table 12 of the March 2018 Wetland Report do not appear to be updated to match the text. As conditioned, the report shall comply with this Article. MLA17-00060/SDP17-00011 Page 12 of 29 Upper Hoh River Road Shoreline Stabilization 3) Article IV. Frequently Flooded Areas Chapter 18.22 and Chapter 15.15 Flood Damage Prevention Jefferson County Code JCC 15.15.080(4) Floodways Located within areas of special flood hazard established in JCC 15.15.060 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that can carry debris, and increase erosion potential, the following provisions apply: (a) Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge. Staff Comment: FEMA Flood Insurance Maps do not identify any of the rivers on the west side of the county as floodways. However, the proposed ELJ structures are located within the main river channel. Therefore, this section is analyzed. The Hydraulic Report demonstrated the ELJ’s would cause up to 0.5 feet of localized increase of the 100-year floodplain elevation. A floodway is the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. With an increase of only 0.5 foot, the project will not cumulatively increase water surface elevation more than one foot. B. JCC 8.30.060 Grading and Excavation Standards 1) JCC 18.30.060(1)(a) General Regulations All grading and clearing activities shall be conducted so as to minimize potential adverse effects of these activities on forested lands, surface water quality and quantity, groundwater recharge, and fish and wildlife habitat, adjacent properties and downstream drainage channels. Staff Comment: As conditioned, the project complies with this article due to required compliance with the submitted Temporary and Erosion Sediment Control Plan and Mitigation and Environmental Commitments in the FONSI as well as a conditions requiring marking clearing limits with construction flagging, compliance with the 2014 Department of Ecology Stormwater Management Manual, and Conditions #14-16. C. JCC 18.30.070 Stormwater Management Standards. All new development and redevelopment must conform to the standards and minimum requirements set by the most current version of the Washington Department of Ecology Stormwater Management Manual for Western Washington (SMM). 1) JCC 18.30.070(4)(c) New development that includes: (i) the creation or addition of 5,000 or more square feet of impervious surface; or (ii) converts three-quarters acre, or more, of native vegetation to lawn or landscaped areas; or (iii) converts 2.5 acres, or more, of native vegetation to pasture shall comply with Minimum Requirements Nos. 1 through 10 as contained in the SMM. MLA17-00060/SDP17-00011 Page 13 of 29 Upper Hoh River Road Shoreline Stabilization Staff Comment: The Jefferson County Department of Public Works provided documentation that the project complies with the stormwater management manual. The project plans and approach utilize BMPs as appropriate to mitigate temporary construction impacts and runoff. The requirements for in-water and next-to-water work from other permitting agencies are going to exceed and override the provisions of the Stormwater Manual. There is no new impervious surface or drainage paths since the project will replace existing infrastructure. As conditioned, the project shall comply with this article. D. Shoreline Master Program The following address general requirements of the SMP: 1) Article V. Shorelines of Statewide Significance Jefferson County Code To ensure that statewide interests are protected over local interests, the county shall review all development proposals within shorelines of statewide significance for consistency with RCW 90.58.030, this program, and the following, which are not listed in priority order: (1) When shoreline development or redevelopment occurs, it shall include restoration and/or enhancement of ecological conditions if such opportunities exist; (2) State and federal resource agencies, co-managers, and tribes, shall be consulted for development proposals that affect anadromous fish, shellfish, marine birds, and other shoreline resources; (3) Areas that are subject to commercial timber harvest pursuant to the Forest Practices Act and RCW 90.58.150 should be reforested as soon as possible and in accordance with the Forest Practices Act and the Forest and Fish Report; (4) Uses that are sustainable, that do not deplete natural resources, and that are compatible with other approved uses shall be preferred over uses that do not have these qualities; (5) Uses that provide long-term benefits shall be preferred over uses that provide only short- term gains; (6) Uses that preserve aesthetic qualities shall be preferred over uses that impact aesthetic qualities; (7) Uses that require a shoreline location shall be preferred over non-water-related uses. Non- water-related uses should be located outside the shoreline jurisdiction or in areas where they will not interfere with or displace preferred uses or public access; (8) Commercial shellfish beds, areas that support recreation and tourism, and other economic resources of statewide importance shall be protected; (9) Uses that have the potential to cause significant erosion and sedimentation due to excavation, land clearing, or other activities shall be strictly regulated to prevent adverse impacts to shoreline functions and processes; (10) All public access and recreation use and development shall be designed to protect the ecological resources upon which such activities depend; and (11) Public and private development shall be encouraged to provide trails, viewpoints, water access points and water-related recreation opportunities where conditions are appropriate for such uses Staff Comment: The project incorporates use preferences and statewide interests. The project includes restoration and enhancement of ecological conditions. The project may affect anadromous fish, shellfish, marine birds, and other shoreline resources; therefore, the proponent consulted state and federal resource agencies, co-managers, and tribe stakeholders for design input. The use is sustainable and does not deplete natural resources and is compatible with existing approved uses. The project provides long-term benefits over short-term gains. The project is designed to aesthetically blend with naturally occurring log jams. The project aims to protect and maintain existing recreation and tourism. The use is not expected to cause significant erosion and sedimentation. The use is designed to protect both ecological resources and public access. The project may provide additional water access opportunities. MLA17-00060/SDP17-00011 Page 14 of 29 Upper Hoh River Road Shoreline Stabilization 2) JCC 18.25.100(19)(u) “Shoreline conditional use” means a use, development, substantial development, or unclassified use that, owing to some special characteristics attendant to its typical operation or installation, may be allowed in certain circumstances when consistent with criteria specified herein. JCC 18.25.100(19)(tt)“Substantial development” means any development of which the total cost or fair market value exceeds $5,718 or as adjusted by the state legislature, or any development which materially interferes with the normal public use of the water or shorelines of the state; except the classes of development listed (a) through (l) under RCW 90.58.030(3)(e). Staff Comment: Shore defense works using structural armoring to protect public infrastructure requires a shoreline conditional administrative use permit. Though culvert and bridge portion of the project are considered repair and replacement, the overall project to install the ELJ’s and dolosse is a new use, and as a multi-million dollar project, exceeds the fair market value threshold. JCC 18.25.550 states if any part of a proposed development is not eligible for exemption, then a substantial development permit is required for the entire proposed development project. The JCC shoreline conditional use definition includes that of a substantial development; therefore, the project was reviewed for an SDP under the conditional use review process. 3) JCC 18.25.270(2) Regulations – No Net Loss and Mitigation (a) All shoreline use and development, including preferred uses and uses that are exempt from permit requirements, shall be located, designed, constructed, conducted, and maintained in a manner that maintains shoreline ecological processes and functions. (b) Uses and developments that cause a net loss of ecological functions and processes shall be prohibited. Any use or development that causes the future ecological condition to become worse than current condition shall be prohibited. (c) Proponents of new shoreline use and development shall employ measures to mitigate adverse impacts on shoreline functions and processes. (d) Mitigation shall include the following actions in order of priority: (i) Avoiding the impact altogether by not taking a certain action or parts of an action; (ii) Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts; (iii) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment; (iv) Reducing or eliminating the impact over time by preservation and maintenance operations; (v) Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; (vi) Monitoring the impact and the compensation projects and taking appropriate corrective measures. (e) Mitigation actions shall not have a significant adverse impact on other shoreline uses fostered by the policies of the Shoreline Management Act. (f) When compensatory mitigation measures are required, all of the following shall apply: (i) The quality and quantity of the replaced, enhanced, or substituted resources shall be the same or better than the affected resources; and (ii) The mitigation site and associated vegetative planting shall be nurtured and maintained such that healthy native plant communities can grow and mature over time; and (iii) The mitigation shall be informed by pertinent scientific and technical studies, including but not limited to the Shoreline Inventory and Characterization Report (Final – Revised MLA17-00060/SDP17-00011 Page 15 of 29 Upper Hoh River Road Shoreline Stabilization November 2008), the Shoreline Restoration Plan (Final October 2008) and other background studies prepared in support of this program; and (iv) The mitigation shall replace the functions as quickly as possible following the impacts to ensure no net loss; and (v) The mitigation activity shall be monitored and maintained to ensure that it achieves its intended functions and values. The monitoring timeframes shall be consistent with JCC 18.22.350(3)(h). (vi) The county shall require the applicant/proponent to post a bond or provide other financial surety equal to the estimated cost of the mitigation in order to ensure the mitigation is carried out successfully. The bond/surety shall be refunded to the applicant/proponent upon completion of the mitigation activity and any required monitoring. (h) Compensatory mitigation measures shall occur in the vicinity of the impact or at an alternative location within the same watershed or appropriate section of marine shoreline (e.g., reach or drift cell) that provides greater and more sustainable ecological benefits. When determining whether off-site mitigation provides greater and more sustainable benefits, the county shall consider limiting factors, critical habitat needs, and other factors identified by the locally adopted shoreline restoration plan (October 2008 or as updated), or an approved watershed or comprehensive resource management plan. The county may also approve use of alternative mitigation practices such as in-lieu fee programs, mitigation banks, and other similar approaches, provided they have been approved and sanctioned by the Department of Ecology, the Puget Sound Partnership, the Department of Fish and Wildlife or the Army Corps of Engineers. JCC 18.25.270(3) Regulations Cumulative Impacts (a) The county shall consider the cumulative impacts of individual uses and developments, including preferred uses and uses that are exempt from permit requirements, when determining whether a proposed use or development could cause a net loss of ecological functions.(b) The county shall have the authority to require the applicant/proponent to prepare special studies, assessments and analyses as necessary to identify and address cumulative impacts including, but not limited to, impacts on fish and wildlife habitat, public access/use, aesthetics, and other shoreline attributes. (c) Proponents of shoreline use and development shall take the following factors into account when assessing cumulative impacts: (i) Current ecological functions and human factors influencing shoreline natural processes; and (ii) Reasonably foreseeable future use and development of the shoreline; and (iii) Beneficial effects of any established regulatory programs under other local, state, and federal laws; and (iv) Mitigation measures implemented in conjunction with the proposed project to avoid, reduce and/or compensate for adverse impacts. (d) The county shall prohibit any use or development that will result in unmitigated cumulative impacts. Staff Comment: Overall, stabilization will result in maintenance of fish habitat benefits and in-stream habitat. The no-action alternative would result in cumulative impacts from emergency road projects that would likely take place to address shoreline erosion. Total wetland and stream avoidance is not possible due to the placement of bank stabilization within the river as well as activities to replace bridges and culverts. Efforts include retaining walls installation to minimize impacts at bridge locations, access road/staging area use in previously disturbed areas, ELJ selection over more engineered solutions, modeling hydraulic effects to minimize dolosse for ballast, MLA17-00060/SDP17-00011 Page 16 of 29 Upper Hoh River Road Shoreline Stabilization avoidance of critical spawning periods for sensitive fish. Compensatory mitigation proposed in the Wetland Report is consistent with 2:1 mitigation ratios required by JCC for Category III wetlands, provides in-kind, on-site mitigation, and provides for long-term protection. The Wetland Report establishes a monitoring plan with five-year benchmarks for:  Wetland hydrology  Wetland plant cover  Invasive species  Movement of ELJ components  ELJ wood recruitment  Bank restoration are vegetation criteria  Monitoring streambed composition  Mitigation site channel plug movement and vegetation establishment The Wetland Report features a monitoring and maintenance plan including contingency measures if any mitigation measures fail. Mitigation Site: Lindner and Spruce Creek mitigation sites are proposed to provide benefits to aquatic and forest resources important to stakeholder resource managers such as WDFW and the Hoh Tribe. These mitigation sites will not be able to avoid all impacts without forgoing mitigation opportunities. The Lindner Creek mitigation site minimizes impacts by using an existing access road. The road must be extended to install ELJ’s. This impact will be rectified by replanting the bank with vegetation. Vegetation clearing will be limited to trees averaging less than 10 inches dbh. The goal of the Spruce Creek ELJ installation is to rectify a previous impact from another project. As conditioned, the proposal complies with this section. Monitoring and maintenance is incorporated in the Wetland Report for this site. Overall Project Cumulative Impacts: The Final EA analyzed and identified the following cumulative impacts. The identified impacts will not cause a net loss nor will result in negative cumulative impacts: Environmental Resource Cumulative Impacts Wildlife temporary localized disruption during construction Cultural and historic resources none Noise temporary during construction Visual quality none Utilities less utility disruptions with decreases in emergency repairs Social/community decrease in frequency of cumulative temporary noise, traffic delays with effective abatement for bank failure and storm damage Economy stronger economic base with more reliable travel Transportation and access increased safety Land use potential conversion of small portions of right-of-way to transportation use Recreation temporary traffic delays, increase road reliability and safety Hydrology and Hydraulics enhanced shoreline and aquatic habitat Vegetation Minor removal and replanting of riparian bank vegetation, minor loss of upland vegetation including mature forest Fish increases in fish habitat from removal of fish passage barriers, decrease in emergency repairs which decrease fish habitat from rip rap installation 4) JCC 18.25.270(5)(d) Exceptions to Critical Area and Shoreline Buffer Standards for Water-Oriented Uses/Developments Water-Oriented Uses/Development. When otherwise consistent with this program and Chapter 18.22 JCC, the following water-oriented uses/developments may be permitted within a shoreline buffer without a shoreline variance. The amount and extent of buffer modification shall be the minimum needed to accommodate the allowed use/development. This allowance for water-oriented uses/developments within MLA17-00060/SDP17-00011 Page 17 of 29 Upper Hoh River Road Shoreline Stabilization shoreline buffers without a shoreline variance may apply to the primary use and/or to the following accessory uses/structures: (i) Primary uses and structures that meet the definition of a water-dependent or water-related use/development as defined in Article II of this chapter. (iv) Public or private beach access structures accessory to residential, commercial, industrial, port or other allowed uses/development; and (v) Public access structures, including but not limited to docks, piers, floats; and Staff Comment: Shoreline armoring is allowed without a variance within the shoreline buffer because it relies upon its location within the river to provide intended stabilization benefits. Upper Hoh River Road is a public access structure that provides access to water-related uses. The road facilitates access to millions of visitors and residents to the Hoh River and Olympic National Park who rely upon the road for access to fishing, recreation, and boating. The extent of buffer modification in the proposal is the minimum required for the allowed use. The proposed mitigation compensates for impacts. The proposal is consistent with applicable policies and regulations in this section. 5) JCC 18.25.280 Historic, archaeological, cultural, scientific and educational resources (g) Upon inadvertent discovery of human remains, the county sheriff, coroner, and State Department of Archaeology and Historic Preservation (DAHP) must be immediately notified. Staff Comment: The application was sent to the Washington Dept. of Archaeology and Historic Preservation (DAHP) and to local tribes. Neither DAHP nor the tribes provided any comments. The applicant has conducted consultation activities in conjunction with federal permitting. Based on this, the proposal is conditioned to comply with the protection policies and regulations as required in federal permits. To ensure compliance with this section of the JCC, an inadvertent discovery plan will be included with the permit decision. A condition of approval has been added that requires the contractors and personnel to be familiar with the inadvertent discovery plan and to stop work if any discovery is made during construction. 6) JCC 18.25.310 Vegetation Conservation JCC 18.25.310(2)(a) Regulations Unless otherwise specified, all shoreline use and development, including preferred uses and uses exempt from permit requirements, shall comply with the buffer provisions of this program and Chapter 18.22 JCC to protect and maintain shoreline vegetation. (b) Proponents of all new shoreline uses or developments shall demonstrate that site designs and layouts are consistent with the policies of this section to ensure shoreline functions, values, and processes are maintained and preserved. A shoreline permit or written statement of exemption shall not mandate, nor guarantee, unobstructed horizontal or lateral visibility of the water, shoreline or any specific feature near or far. (c) View Maintenance. Proponents of all new shoreline uses or developments shall use all feasible techniques to maximize retention of existing native shoreline vegetation while allowing for shoreline views. (i) Vegetation Trimming. Techniques shall include selective pruning, windowing and other measures that preserve native plant composition and structure. No more than 25 percent of a single tree’s leaf bearing crown may be removed and no more than 25 percent of the canopy cover of any stand of trees may be removed for view preservation. If additional trimming is requested in subsequent years, the cumulative removal may not exceed 25 percent. Limbing or crown thinning shall comply with Tree Care Industry Association pruning standards, unless the tree is a hazard tree as defined by this program. Tree topping is prohibited when main MLA17-00060/SDP17-00011 Page 18 of 29 Upper Hoh River Road Shoreline Stabilization stem/trunk is over three inches diameter at breast height (DBH). (ii) Vegetation Removal. All vegetation removal within the buffer area must comply with JCC 18.25.270(4)(h). In no instance shall vegetation removal exceed 20 percent of the required buffer area or 15 linear feet of the water frontage, whichever is greater. Outside the buffer, vegetation removal shall be the minimum necessary for maintaining shoreline views from the primary structure and to provide lawns or ground cover, and must comply with other applicable requirements such as clearing and grading, forest practices, and protection standards for fish and wildlife habitat. (d) Proponents of all new shoreline uses or developments shall maintain existing native shoreline vegetation to the maximum extent practicable, except that the following activities shall be exempt from this requirement. (e) The county may impose conditions on new shoreline use and/or development as needed to prevent the introduction and spread of aquatic weeds. Aquatic weed removal and disposal shall occur in a manner that minimizes and mitigates adverse impacts to native plant communities and shoreline ecological functions. (f) When restoring or enhancing shoreline vegetation, proponents shall use native species approved by the county that are of a similar diversity, density, and type to that occurring in the general vicinity of the site prior to any shoreline alteration. The vegetation shall be nurtured and maintained to ensure establishment of a healthy and sustainable native plant community over time. Staff Comment: At the bank stabilization site C1, C2, and C4, 157,000 square feet of land will be cleared of vegetation totaling 217 trees, 10 of which are large conifer trees. This loss will be offset by replanting alder and cedar trees and willows at each bank stabilization site. Downed trees may be placed in the river depending on river conditions at the time to contribute to naturally occurring large woody debris, which will provide habitat. At the Mile Post 4.38 culvert, three large conifers would be removed. Site C3 and Site C5 for the Tower Creek and Canyon Creek Bridge replacement project will remove 70 trees including 10 large conifer trees and will be partially restored by planting native shrubs and trees. The area will only be partially restored because the new bridge will still cover part of the area under the existing bridge, thus it will not be restored. The FONSI identifies stormwater erosion control BMP’s that must be maintained throughout the project until vegetation is established. The BMP’s include  Restore disturbed areas at a 1:1 ratio;  Restoration would include re-planting with vegetation salvaged from the site and supplemental plantings from native nursery stock;  Monitor restored planting sites for at least five years to ensure successful re-vegetation;  Limit removal of mature trees greater than 21 inches dbh to those whose removal is necessary for construction;  For the ELJs, source logs from outside the project area;  Use at least 5-gallon size trees when planting the riparian zone to speed up establishment;  Use an FHWA-approved native seed mixture;  Place only certified weed-free mulch and straw bales;  Ensure all equipment used in the project area is free of weed seed;  Take precautions to prevent introduction and spread of weeds caused by moving weed-infested material; MLA17-00060/SDP17-00011 Page 19 of 29 Upper Hoh River Road Shoreline Stabilization  Notify and or coordinate vegetation management activities with land owners within or adjacent to the transportation right-of-way (ROW) that is proposed for treatment;  Conserve and stockpile topsoil for later use to enhance revegetation success and use locally native plants to improve the revegetation rate. Approximately 75% of the vegetation impacts are in wetland and/or stream buffer and will be mitigated within the watershed by the C1 wetland creation site and the Lindner Creek mitigation site at a 2:1 ratio. Vegetation removed in order to install the mitigation at Lindner Creek will be replanted. As conditioned, the project complies with this section. 7) JCC 18.25.320 Water quality and quantity JCC 18.25.320(2) Regulations (a)All shoreline uses and activities shall use effective erosion control methods during both project construction and operation. At a minimum, effective erosion control methods shall require compliance with the current edition of the Department of Ecology’s Stormwater Management Manual, NPDES General Permit requirements, and the stormwater management provisions of JCC 18.30.070. (c) All materials that may come in contact with water shall be composed of nontoxic materials, such as wood, concrete, approved plastic composites or steel, that will not adversely affect water quality or aquatic plants or animals. Materials used for decking or other structural components shall be approved by applicable state agencies for contact with water to avoid discharge of pollutants from wave splash, rain, or runoff. Wood treated with creosote, copper chromium arsenate or pentachlorophenol is prohibited in shoreline water bodies. Staff Comment: The project demonstrated compliance with the stormwater management manual and JCC stormwater management provisions with proposed BMP’s in the Temporary Erosion and Sediment Control Plan. The proponent is obtaining a NPDES Construction General permit. Wetland materials will be sourced from a gravel/material supplier. Tower Creek and Canyon Creek fill will consist of clean, native rock and gravel material. Dolosse and logs will be assembled off site. Dolosse are made of concrete. A black cottonwood bark-like concrete form-liner texture will be applied to dolosse, instead of smooth finish, to help the structures better blend into the environment. As conditioned, the project is consistent with water quality and quantity regulations. 8) JCC 18.25.540 Substantial development permit criteria To be authorized, all uses and developments shall be planned and carried out in a manner that is consistent with this program and the policy of the Act as required by RCW 90.58.140(1), regardless of whether a shoreline permit, statement of exemption, shoreline variance, or shoreline conditional use permit is required. Staff Comment: As conditioned, the proposal complies with the Jefferson County Shoreline Master Program and RCW 90.58.140. 9) JCC 18.25.360 Dredging Staff Comment: The following dredging activities are proposed:  Excavate the riverbed to the depth necessary for placement of the ELJ/dolosse unit (work will be done in the active flow channel);  MP 4.38 Culvert streambed will be re-graded MLA17-00060/SDP17-00011 Page 20 of 29 Upper Hoh River Road Shoreline Stabilization  Tower Creek Bridge: Streambank excavation to design conditions. Pile Driving will occur.  Canyon Creek Bridge: A stream diversion will be graded. The existing culvert will be used to divert water in this area. Pile driving will occur. The dredging activity is not proposed for flood management purposes and is not expected to increase downstream flooding effects. (3)(e) When conducting reviews of dredging proposals, the county shall first consider how the proposed activity has been regulated by other agencies, note same as a reference, and then establish what further information is needed for local review. The county may require information to ensure: (i) The project is designed, located, and timed to mitigate impacts on legally established neighboring uses and developments; and Staff Comment: Construction is proposed to last over two seasons from June 1 to October 31st. The proposed in-water work window is during low flow periods (July 15-August 31); however, the proponent will seek an extension with WDFW to avoid more than two construction seasons. There will be a two- week road closure in winter which will be when recreation visits are lower (area residents and emergency traffic access will be provided by the contractor with shuttle vehicles; however the west entrance to Olympic National Park will be closed). During other construction windows, access will be limited to one lane. Users may experience temporary traffic delays ranging 30-minutes to 4 hours. Mitigation includes providing public information regarding closures and flaggers for traffic. Pilot cars will guide residents or visitors through construction zones. (ii) Appropriate measures are taken to ensure the activity will not interfere with fishing or shellfishing; and Staff Comment: See below. Informal boat access is planned to be maintained to the extent possible with some temporary access disruptions. There will be temporary turbidity releases. (iii) Appropriate measures are taken to minimize adverse effects on recreation, public access, and navigation; and Staff Comment: The Final EA states there may be minor 2% decrease in recreation during construction 2- week road closure during winter when visitation is lower; however, the long-term impacts will increase road reliability and encourage recreation uses in the area and may present additional access to the river or viewing opportunities. (iv) The activity shall not adversely impact natural processes such as channel migration, marine bluff erosion and/or net-shoreline drift; and Staff Comment: Without project approval, emergency road repairs will continue involving riprap revetments, which can increase bank erosion on properties downstream. Installation of the ELJ/dolosse units would dissipate and redirect water velocities from the bank, thereby reducing erosion. The Final EA states that mid-channel and floodplain sediment deposition is not expected to change significantly. The culvert replacement at MP 4.38 and the two replaced bridges are expected to have negligible effects to hydrology. MLA17-00060/SDP17-00011 Page 21 of 29 Upper Hoh River Road Shoreline Stabilization (v) Appropriate best management practices are employed to prevent water quality impacts or other forms of environmental degradation; and Staff Comment: The proposal includes standard stormwater Best Management Practices as required by the project’s National Pollution Discharge Elimination System (NPDES) construction stormwater permit. The BMP’s are designed to minimize impacts to only temporary localized turbidity releases. (vi) Upstream and upgradient sediment sources that create the need for dredging have been investigated and where feasible, mitigated; and Staff Comment: All of the project alternatives also involve a form of dredging except road relocation or no action, which may potentially cause more impacts than the preferred project. (vii) Appropriate measures are employed to protect public safety and prevent adverse impacts on other approved shoreline uses; and The proposal includes measures as required. (viii) The proposed activity complies with applicable federal, state, and other local regulations Staff Comment: The proposal has been reviewed by all appropriate other local, state, and federal authorities. 10) JCC 18.25.370 Fill and Excavation Regulations. (e) Fill placed waterward of the ordinary high water mark shall only be permitted when alternatives are infeasible and when the filling/excavation is necessary to support one or more of the following: (vi) Public access and public water-oriented recreation projects benefiting substantial numbers of people.(vii) Part of an approved shoreline stabilization, flood control or in- stream structure project when consistent with this program. Staff Comment: Fill must be placed waterward of the OHWM to install the engineered log jams for shoreline stabilization. Fill must also be placed waterward of the OHWM Wetland fill will consist of gravel and other road base and sideslope material. Within the Hoh River, fill is limited to the log/dolosse bundles with organic slash materials. Tower and Canyon Creek bridge fill will consist of clean, native rock and gravel material sized appropriately to match flow regimes. As conditioned, the proposal complies with this article. (c) When allowed, filling and/or excavation shall be located, designed, and carried out in a manner that: (i) Minimizes adverse impacts on the shoreline environment; and (ii) Blends in physically and visually with natural topography, so as not to interfere with appropriate use, impede public access, or degrade the aesthetic qualities of the shoreline; and Staff Comment: The engineered log jams were designed to resemble natural log jams. The concrete dolosse will be painted with a bark-line adhesive to blend in with the riverbank. Additional public access MLA17-00060/SDP17-00011 Page 22 of 29 Upper Hoh River Road Shoreline Stabilization and interpretive opportunities may result from the project. As designed, the project minimizes adverse impacts to the shoreline environment. 11) JCC 18.25.390 In-Stream Structures (3)(c) When permitted, in-stream structures and their support facilities shall be: (i) Constructed and maintained in a manner that does not degrade the quality of affected waters or the habitat value associated with the in-stream and riparian area; and Staff Comment: As proposed, the project complies with this requirement and is intended to improve habitat value associated with in-stream and riparian area. The ELJ’s will potentially form eddies and pools within and downstream of the units which could improve rest and foraging habitat for salmonids. Replacing MP 4.38 and Canyon Creek culverts is needed because they are undersized and require frequent maintenance to remove debris and sediment. They are also currently barriers to fish passage at certain flows. Tower Creek bridge must be reconstructed because it is currently scoured by Hoh river migration, which has called the channel to incise. (ii) Located and designed based on reach analysis to avoid the need for structural shoreline armoring. Staff Comment: The Hydraulic Report states that the ELJ design can accommodate a greater range of active flow channel migration and flow impingement angles and is the least disruptive to the environment with minimal channel bed excavation. The design does not appear to noticeably increase flooding or bank erosion on private property adjacent to the project sites. (d) All in-water diversion structures shall be designed to permit the natural transport of bedload materials. All debris, overburden and other waste materials from construction shall be disposed of in such a manner that prevents their entry into a water body. Staff Comment: In order to install ELJ’s a flow diversion sheet pile structure is proposed at the upper end of each site to direct the thalweg away from the work areas along the riverbank so work can occur during low velocity conditions. The MP 4.38 culvert is within a perennial tributary and is expected to be dry during construction. If a temporary bypass is necessary, sheet piling or a cofferdam will be used to divert water. Temporary water diversion structures are planned for the bridge replacement projects. While the project is designed to prevent waste material entry into a water body, temporary, localized turbidity releases are expected because the ELJ’s will be installed in the river, which will be limited in extent and duration. As conditioned, the project complies with this requirement. (e) In -stream structures shall not impede upstream or downstream migration of anadromous fish. Staff Comment: In-stream structures will not impede migration of anadromous fish. The project is intended to provide fish migration benefits. 12) JCC 18.25.410 (5) Regulations – New or Expanded Shoreline Armoring, When Allowed. (a) Structural shoreline armoring shall be prohibited in or adjacent to lakes and other low energy environments such as bays, and accreting marine shores. Where such shoreline armoring already exists, property owners are strongly encouraged to remove it. Staff Comment: The proposal is within a dynamic high energy river. MLA17-00060/SDP17-00011 Page 23 of 29 Upper Hoh River Road Shoreline Stabilization 13) (b) New structural shoreline armoring may be permitted and existing structural shoreline armoring may be expanded only when one or more of the following apply: (i) When necessary to support a project whose primary purpose is enhancing or restoring ecological functions. (iii) When necessary to protect public transportation infrastructure or essential public facilities and other options are infeasible. Staff Comment: The structural armoring to construct the ELJ with the attached dolosse within the Hoh River channel is necessary to protect the Upper Hoh River Road, which is a public road. The Final EA discusses the drawbacks to each of the project alternatives (no action, road relocation, stream barbs and groins, log crib walls, and riprap) and justifies why they were not selected. The ELJ’s are necessary at the mitigation sites, Lindner and Spruce Creek/Canyon Creek, to support enhancing and restoring ecological functions. The primary purpose of the mitigation sites is to enhance ecological function. The benefits ar e detailed in staff comments in Section II, Part A, #1. 14) (c) Proposals for new or expanded structural shoreline armoring allowed under subsection (5)(b) of this section shall clearly demonstrate all of the following before a permit can be issued: (i) The erosion is not being caused by upland conditions, such as the loss of vegetation or poor drainage. Staff Comment: The Final EA describes the need for the project due to the dynamic character of the Hoh River, which is a low-gradient river with frequently-shifting braided channels. The document also describes additive challenges such as vegetation removal on private property within the drainage and recent changes in weather patterns with warmer temperatures and less snow. These changes contribute to the magnitude and extent of the river’s channel migration. Higher snowline elevations, river flow patterns matching precipitation patterns (instead of higher elevations retaining precipitation as snow), and receding glaciers may contribute more sediment to the river, which amplifies its erosive power. Vegetation removal at the specific project site is not specifically causing the bank erosion. (ii) The structural shoreline armoring design is the least environmentally damaging alternative. Staff Comment: The FONSI justifies why the build alternative is the least environmentally damaging alternative. The alternatives are also discussed earlier in the staff report under Article II, Part A, #1. (iii) The shoreline armoring complies with the flood damage prevention regulations in JCC 18.30.070. Staff Comment: Armoring complies with flood damage prevention regulations in both stormwater management as well as flood damage prevention as discussed in Article II Part A #3 and Parts B and C. (iv) Adverse impacts are fully mitigated according to the prescribed mitigation sequence such that there is no net loss of shoreline ecological functions or processes. Staff Comment: All adverse impacts are fully mitigated so that there is no net loss of shoreline ecological functions or processes as discussed in Article II, Part D, #3. MLA17-00060/SDP17-00011 Page 24 of 29 Upper Hoh River Road Shoreline Stabilization (v) Alternatives to structural shoreline armoring including vegetative shoreline stabilization, flexible/natural materials and methods, beach nourishment and other forms of bioengineering are determined to be infeasible or insufficient. Staff Comment: The proposal is mostly comprised of flexible and natural materials except that the ELJ includes concrete jacks affixed to the root wad bundles. The project alternatives considered also involve structural components. For example, the log cribs would be filled with rock. The stream barbs and groins would also include rock. In addition, road relocation was shown to be infeasible due to additional critical area displacement, cost, and significant geologic risks to reconstruct the road foundation along with additional bridges and stream culverts. No action would mean that future emergency repairs would continue, which may introduce additional structural armoring to the river. 15) (d) When evaluating the need for new or expanded structural shoreline armoring, the administrator shall require the applicant to examine and implement alternatives to structural shoreline armoring in the following order of preference: (i) No action (allow the shoreline to retreat naturally). (ii) Increased building setbacks and/or relocated structures. (iii) Use of flexible/natural materials and methods, vegetation, beach nourishment, protective berms, or bioengineered shoreline stabilization. Staff Comment: See comments provided in #14 above discussing the consequence of the various build alternatives, the road relocation, and no action options. 16) (e) The county shall require applicants for new or expanded structural shoreline armoring to provide credible evidence of erosion as the basis for documenting that the primary structure is in imminent danger from shoreline erosion caused by tidal action, currents, or waves. The evidence shall: (i) Demonstrate that the erosion is not due to landslides, sloughing or other forms of shoreline erosion unrelated to water action at the toe of the slope; and (ii) Include an assessment of on-site drainage and vegetation characteristics and their effects on slope stability; and (iii) Be prepared by a licensed professional engineer or geologist or other qualified professional with appropriate credentials. Staff Comment: There is existing erosive activity on the riverbank that is caused by the river and river- related processes, both at the toe of the slope and further up the riverbank, due to the high flow of the river during certain storm events and times, and the braided nature of the river. The purpose of the project is to stabilize erosive factors; the project itself would not result in erosion. In some areas, the road is within approximately 5 feet of the river embankment. Damages to the road due to flooding resulted in road or lane closures lasting several weeks in 1996, 1998, 2003, 2004, 2006, 2007, and 2014, which led to emergency repairs. The Upper Hoh River Bank Failure Risk Reduction Study (2013) identified project locations that had the highest risk of impending failure. The study states that providing ongoing road maintenance on an “as needed” basis would be problematic, “stream bank toe erosion upstream and downstream of the existing riprap revetments could progress to the point that undermining of the road is imminent. Continued maintenance is placing riprap in an emergency action or after flooding as needed for preventing a road closure. Placing riprap as an emergency action may be hazardous or difficult. The emergency-placed riprap may not be effective in controlling the erosion.” (ii) This subsection does not apply because this project will not result in any increase in impervious surface – on-site drainage applies to road projects that add impervious surface. After construction, the MLA17-00060/SDP17-00011 Page 25 of 29 Upper Hoh River Road Shoreline Stabilization project will restore vegetation removed during construction, which will aid in decreasing erosion potential. (iii) The Hydraulic Report is prepared by a federal hydraulics engineer, The Mass Wasting Module Level was prepared by a DNR hydrologist. 17) JCC 18.25.410 (6) Regulations – New or Expanded Shoreline Armoring, Design Standards. (a) New or expanded shoreline armoring shall be designed by a state licensed professional geotechnical engineer and/or engineering geologist and constructed according to applicable U.S. Army Corps of Engineers requirements and/or State Department of Fish and Wildlife Aquatic Habitat Guidelines. Staff Comment: The project is designed by federal engineers. Federal authority preempts requirements for a design by a state licensed professional. The applicant developed the project with U.S. Army Corps of Engineers and WDFW stakeholder input and will be applying for Section 404 permit from the Corp and a Hydraulic Project Approval from WDFW. (b) The size of structural shoreline armoring shall be limited to the minimum necessary to protect the primary use or structure that it is intended to protect. Staff Comment: The Upper Hoh River Bank Failure Risk Reduction Study (2013) identified project locations that had the highest risk of impending failure. The Upper Hoh Bank Stabilization Hydraulic Report (2016) states that the project was selected because:  it was least expensive for effectively controlling bank erosion,  the ELJ’s can accommodate a greater range of active flow channel migration and flow impingement angles,  minimal channel bed excavation would be needed to place the ELJ’s and dolosse directly into flowing water and pose the least disruption to the environment,  Greatest flow velocity reduction provided, and  Greatest habitat complexity provided. (c) When shoreline armoring is permitted, it shall be constructed of erosion resistant, environmentally safe and durable materials that are easy to maintain. Staff Comment: The ELJ/dolosse units are designed to catch and hold large woody debris and would not require maintenance. The Mitigation and Monitoring Plan in the Wetland Report prescribes that the ELJ’s will be monitored using photo points and drone technology and retrieved in the event an individual dolo breaks away. (d) Shoreline armoring shall be designed and constructed with gravel backfill and weep holes so that natural downward movement of surface or ground water may continue without ponding or saturation that could compromise the surrounding soil stability. Staff Comment: The ELJ/dolosse design ensures that surface water can flow in any direction. (e) All forms of structural shoreline armoring shall be constructed and maintained in a manner that does not degrade the quality of affected waters. The county may require setbacks, buffers, and/or other measures to achieve these objectives. MLA17-00060/SDP17-00011 Page 26 of 29 Upper Hoh River Road Shoreline Stabilization Staff Comment: The proposal is expected to include temporary localized turbidity releases by employing standard best management practices as required by the project Construction Stormwater General Permit . As proposed and conditioned, the project complies with this requirement. (f) Shoreline defense structures shall not be constructed with waste materials such as demolition debris, derelict vessels, tires, concrete or any other materials which might have adverse toxic or visual impacts on shoreline areas. Staff Comment: Waste materials as described will not be used for the project. The logs used for the engineered log jams will be acquired and assembled off-site. 18) JCC 18.25.590 (2) Shoreline Conditional use permit criteria Uses specifically classified or set forth in this program as conditional uses and unlisted uses may be authorized, provided the applicant/proponent can demonstrate all of the following: a. That the proposed use will be consistent with the policies of RCW 90.58.020 and this program. Staff Comment: The proposal is consistent with RCW 90.58.020 and the SMP. The proposal is not anticipated to have any adverse impact on public interest. b. That the proposed use will not interfere with normal public use of public shorelines. Staff Comment: The proposal is designed to minimize interruption to public use of the shoreline during construction. The project will maintain and may expand public use of the shoreline. c. That the proposed use of the site and design of the project will be compatible with other permitted uses within the area. Staff Comment: The proposal is consistent with residential, commercial, and recreational uses within the area. d. That the proposed use will not cause adverse effects to the shoreline environment in which it is to be located. Staff Comment: The project identifies Environmental Mitigation Commitments including a Mitigation and Monitoring Plan to ensure no adverse effects to the shoreline environment. As conditioned, the proposal complies with this requirement. e. That the public interest suffers no substantial detrimental effect. Staff Comment: The proposal is expected to provide improvements that benefit the public interest. 19) JCC 18.25.590(3) In the granting of all conditional use permits, consideration shall be given to the cumulative environmental impact of additional requests for like actions in the area. For example, if conditional use permits were granted for other developments in the area where similar circumstances exist, the sum of the conditional uses and their impacts should also remain consistent with the policies of RCW 90.58.020 and should not produce MLA17-00060/SDP17-00011 Page 27 of 29 Upper Hoh River Road Shoreline Stabilization a significant adverse effect to the shoreline ecological functions and processes or other users. Staff Comment: When complete, the project will not have any negative cumulative impacts to shoreline ecological functions and processes or other users. The project will provide overall benefit to the environmental and users. The project is designed and shall be conducted in a manner to minimize, insofar as practical, any resultant damage to the ecology and environment of the shoreline area and any interference with the public's use of the water. RECOMMENDED CONDITIONS 1. This is a conditional approval from Jefferson County that requires a conditional use permit from the Washington State Department of Ecology (ECY). Land disturbing activities approved under this conditional use permit shall not begin until ECY has issued their written approval of this shoreline application. 2. Work within jurisdiction of the Shoreline Master Program other than as described above shall receive separate review from this Department. 3. Construction shall be in substantial compliance with the site plan submitted on August 17, 2017 as it exists now or is hereafter amended by Jefferson county and/or Washington Department of Ecology. 4. Substantial progress towards completion of the project shall be performed within two years of the issuance of the permit. 5. A Building permit application approval shall be required from Jefferson County prior to land disturbing activities for proposed bridge and culvert replacement. A building permit application is not required for the mitigation or engineered log jam installation. 6. The project shall implement the March 2018 Wetland and Stream Mitigation Report. Monitoring shall be conducted annually for five years based on performance standards specified in sections 7.1.1 through 7.1.6 of this report. Monitoring reports shall be submitted to DCD by December of each monitoring year for five years. 7. Vegetation alteration in the area identified for temporary impacts shall be replanted with species representative of the area and shall be conducted in accordance with the Environmental Commitments in the FONSI identified on pages 17-18. 8. When restoring or enhancing shoreline vegetation, proponents shall use native species approved by the county that are of a similar diversity, density, and type to that occurring in the general vicinity of the site prior to any shoreline alteration. The vegetation shall be nurtured and maintained to ensure establishment of a healthy and sustainable native plant community over time. 9. Prior to beginning any clearing, grading, or other earthwork approved under this permit, orange construction barrier fencing shall be installed along the extent of the impact areas as shown on the Wetland and Stream Impacts sheets (four sheets prepared by DEA, dated March 2018). Construction-related activities shall not be permitted beyond the areas identified on these four sheets without prior approval from DCD. MLA17-00060/SDP17-00011 Page 28 of 29 Upper Hoh River Road Shoreline Stabilization 10. The applicant shall complete the Mitigation and Environmental Commitments as proposed in the FONSI on pages 11-19. 11. All contractors and personnel shall be familiar with the inadvertent discovery plan as attached to this permit. If any possible historic, archaeological and/or cultural artifacts are inadvertently discovered, the applicant shall immediately stop all work on the project and shall notify the Washington Department of Archaeology and Historic Preservation, Jefferson County Department of Community Development, and affected tribes. 12. The project shall comply with JCC 18.30.070 (Stormwater Management Standards), Any proposed development with stormwater runoff must comply with the minimum standards of the 2014 Ecology Stormwater Management Manual for Western Washington. 13. Construction shall be timed as proposed from June 1 to October 31st with a two-week window in the winter. The proposed in-water work window shall comply with timing requirements in the Hydraulic Project Approval issued by WA Dept. of Fish and Wildlife as well as the Section 404 and Section 401 permits to be issued by Army Corps of Engineers and Department of Ecology. 14. Selectively salvage the upper six to 12 inches of topsoil, stockpile it, and respread over all disturbed areas to be revegetated. Excess excavated material, if not retained on-site, shall be disposed of at a permitted site approved by the administrator. 15. Any area cleared or graded and not covered with gravel or an impervious surface shall be seeded immediately on completion of the project. If erosion is probable, areas with exposed soil shall be protected by temporary means during and following construction until seeding is established. All disturbances should at least be revegetated with grasses and forbs; including shrubs and trees as appropriate in the revegetation effort. Use of plant species native to the county is encouraged. 16. All development shall ensure that soil erosion and sedimentation of drainage ways will be controlled to prevent damage to adjoining property and downstream drainage channels and receiving waters. 17. All materials that may come in contact with water shall be composed of nontoxic materials, such as wood, concrete, approved plastic composites or steel, that will not adversely affect water quality or aquatic plants or animals. Materials used for decking or other structural components shall be approved by applicable state agencies for contact with water to avoid discharge of pollutants from wave splash, rain, or runoff. Wood treated with creosote, copper chromium arsenate or pentachlorophenol is prohibited in shoreline water bodies. 18. All forms of structural shoreline armoring shall be constructed and maintained in a manner that does not degrade the quality of affected waters. 19. Construction Materials and Methods: (1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage; and (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 20. Flood hazard reduction measures are to be used as required by the Jefferson County Flood Damage Prevention Ordinance 07-0515-06 (Jefferson County Code Chapter 15.15). MLA17-00060/SDP17-00011 Page 29 of 29 Upper Hoh River Road Shoreline Stabilization 21. The proposal shall be located and designed to avoid or, if avoidance is not possible, to minimize the need for new dredging and maintenance dredging. 22. The proposal shall comply with the Temporary Erosion and Sediment Control Plan provided on the approved plans Sheet #F.2-F.15. 23. All in-water diversion structures shall be designed to permit the natural transport of bedload materials. All debris, overburden and other waste materials from construction shall be disposed of in such a manner that prevents their entry into a water body. 24. No in-stream structure shall be installed without the developer having obtained all applicable federal, state, and local permits and approvals, including but not limited to a Hydraulic Project Approval (HPA) from the State Department of Fish and Wildlife. 25. The proponent shall implement all reasonable and prudent measures and terms and conditions identified during Endangered Species Act (ESA) consultation, and as prescribed by USFWS in the Biological Opinion 26. In addition to Jefferson County permit conditions, the project proponent shall comply with all conditions set forth by the Washington Department of Fish and Wildlife through Hydraulic Project Approval. 27. Prior to commencing development activity, the proponent is responsible for informing the US Army Corps of Engineers (COE) in order for COE to determine whether a Department of the Army permit or review is required. Generally, review is required for construction and dredging in or around navigable waters of the US and for work or fill in hydrologically connected wetlands. Contact the US Army Corps of Engineers, Seattle District Regulatory Branch, PO Box 3755, Seattle WA 98124, (206) 764-3495, for more information. 28. The proponent is responsible for obtaining an individual Coastal Zone Management Federal Consistency review from Department of Ecology if an individual Section 401 certification is triggered through the Clean Water Act. 29. The applicant shall contact the Washington State Department of Ecology, Chris Montague- Breakwell (360) 407-6364 for more information to determine whether a Construction Stormwater General Permit is required. If one is required, the applicant shall apply for, and receive, the approved permit prior to conducting any land disturbing activity. Prepared by Project Planner: Emma Bolin, May 2018.