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JEFFERSON COUNTY
SUBSTANTIAL DEVELOPMENT PERMIT
TYPE II SHORELINE CONDITIONAL ADMINISTRATIVE USE
WASHINGTON STATE SHORELINE MANAGEMENT ACT (RCW 90.58)
APPLICANT: JEFFERSON CO. PUBLIC WORKS
623 SHERIDAN ST.
PORT TOWNSEND WA 98368
DATE ISSUED:
DATE EXPIRES:
MLA NUMBER: MLA17-00060
CASE NUMBER: SDP17-00011
PROJECT CONTACT: Emma Bolin
PROJECT DESCRIPTION:
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 and bridge and culvert improvements in six locations along the Upper Hoh River Road
(UHRR). The proposed project will develop and implement bank stabilization solutions at three locations along the UHRR,
and will replace or improve three existing bridge or culvert locations. The roadway at these sites is at risk of washing away
in a large flood. Bank stabilization will consist of installing engineered 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. 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.
The application submittal includes construction plans and a temporary erosion and sediment control plan prepared by
FHWA for the project as well as the Lindner Creek Mitigation Site. Permanent riparian and wetland impacts are shown in
JARPA figures. The project is proposed to occur between Summer 2018 and Fall 2020. The submittal includes a Joint
Aquatic Resource Protection Application, Biological Assessment and Survey, 2015 Wetland Delineation Report, 2017
Wetland Addendum and a Wetland Mitigation Plan, Hydraulic Report, Upper Hoh River Bank Failure Risk Reduction
Study, Logs and Soils Test Results, and WDNR Mass Wasting Module Level II Assessment. Final authority for shoreline
conditional use permit decisions rests with the Washington State Department of Ecology. The project is subject to a
Washington Department of Fish and Wildlife Hydraulic Project Approval, Clean Water Act Section 404 and 401 Water
Quality Certification administered by Department of Ecology, Dept. of Natural Resources Aquatic Lease Authorization,
Section 7 of the Endangered Species Act administered by NOAA fisheries; Section 106 of the National Historic
Preservation Act administered by Dept. of Archaeological and Historic Preservation, and Coastal Zone Management
Certification by Department of Ecology.
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 and MP 4.38 bank stabilization: 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)
WATERBODY AND/OR ASSOCIATED WETLANDS: HOH RIVER
SHORELINE OF STATE-WIDE SIGNIFICANCE: YES
SHORELINE DESIGNATION: CONSERVANCY AND PRIORITY AQUATIC BELOW OHWM
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.
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 31 st 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).
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.
FINDINGS:
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 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 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.
NOTICE:
This permit may be rescinded by Jefferson County or the Washington State Shorelines Hearings Board upon finding
that the permittee has not complied with the conditions herein, pursuant to RCW 90.58.140(8).
The permittee is liable for all damages to public and private property arising from violation of any provisions of the
permit hereby granted, including the cost of restoring the affected area to its condition prior to violation and possible
court costs that may ensue from violation, pursuant to RCW 90.58.230.
Construction pursuant to this permit will not begin nor is it authorized until twenty-one (21) days from the date of filing
as defined in WAC 173-27-130 or until all review proceedings initiated within twenty-one days from the date of such
filing have terminated, except as provided in RCW 90.58.140(5a -c). Construction or substantial progress toward
construction of the permitted development shall begin within two (2) years from the date of this permit and completion
of the permitted development shall be accomplished within five (5) years from the date of this permit
Nothing in this permit shall excuse the permittee from complying with any other federal, state, or local statutes,
ordinances, or regulations applicable to this project, but consistent with RCW 90.58.
The Federal Endangered Species Act rules to protect threatened Chinook and Summer -run Chum salmon became
effective on January 8, 2001. Bull trout have been listed as threatened since early 2000. Under the ESA, any person
may bring lawsuit against any individual or agency that "takes" listed species (defined as causing harm, harassing, or
damaging habitat for the listed species). In addition, the National Marine Fisheries Service can levy penalties. All
areas in Jefferson County are included as "critical habitat" for a listed species. Development of property along any
marine shoreline, freshwater shoreline, or floodplains could harm habitat if protective measures are not taken. To
minimize the potential to damage habitat, all property owners developing adjacent to marine shoreline, freshwater
shoreline, or floodplains are advised to do the following:
- Set back buildings, utilities and roads as far as possible from surface waters (streams, rivers, lakes, marine waters),
or at least 150 feet from the edge of the water
- All development activities should avoid unstable slopes, wetlands, and forested areas near surface waters
- Remove minimal vegetation for site development, especially large trees
- Allow trees that have fallen into surface waters to remain there
- Infiltrate stormwater from buildings and driveways onsite through drywells rather than discharging directly into surface
waters or roadside ditches
Any individual, group, or agency can bring suit for a listed species "taking", even if you are in compliance with Jefferson
County development codes. The risk of a lawsuit against you can be reduced by consulting with a professional
fisheries habitat biologist, and following the recommendations for site development provided by the biologist. For more
information, contact Brian Gorman at (206) 526-6613 at the National Marine Fisheries Service in Seattle, or the U.S.
Fish and Wildlife Service at (503) 231-6121.
UDO`Ad rhidisirator
c: Rick Mraz, DOE, Shorelands Office
WA State Attorney General