LAKE WASHINGTON SHIP CANAL WATER MANAGEMENT

LAKE WASHINGTON SHIP CANAL WATER MANAGEMENT

Alison Pieper, P.E.

Senior Water Manager, Western Washington (Acting)Seattle District

10 July 2019

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• Lake Washington Basin and Ship Canal Overview

• Normal Operating Range

• Elevation differences by Location

• Water Management website

• Key Points

AGENDA

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I-90

I-5

Locks Lake Washington

Cedar River

Basin Boundary

• ~600 square miles

• Rain-driven basin• Hydrology is most

affected by Atmospheric Rivers in the winter

• Cedar River – main input

• 8-mile canal – 2 “cuts”

• Lowered LW ~9 feet

LAKE WASHINGTON (LW) BASIN

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• Officially opened on July 4th, 1917

• LWSC serves four purposes:

• Navigation• Lake Elevation Control• Fish Passage• Recreation

LAKE WASHINGTON SHIP CANAL (LWSC)

5LAKE WASHINGTON NORMAL OPERATING CONSTRAINTS

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LAKE WASHINGTON ELEVATION – 2000-2019

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ELEVATION DIFFERENCES BY LOCATION

Kenmore is generally 0.25’ higher

Can be higher due to wind and waves

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http://www.nwd-wc.usace.army.mil/nws/hh/www/index.html

SEATTLE DISTRICT WATER MANAGEMENT WEBSITE

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KEY POINTS

• Normal operating elevation range: 20-22 feet at the Locks (COE datum)

• Higher than Regulatory OHW elevation (21.8’)

• No guarantee on either end of this range

• Lake elevation varies according to location on Lake Washington, Lake Union, and the Montlake & Fremont Cuts

• Typically higher elevations in Lake Washington, especially on the northern end due to wind and wave action

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QUESTIONS?

[email protected]

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LAKE WASHINGTON BASIN PERMITTING WORKSHOP

U.S. Army Corps of Engineers

Seattle DistrictRegulatory Branch

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AGENDA

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OBJECTIVES

To foster and facilitate efficient and effective working relationships with the public, applicants, consultants, local municipalities, and agencies.

To explain the Corps’ regulatory jurisdiction

To understand the Corps’ application and review process

To understand the benefits of being in compliance with your permit(s)

To address work window restrictions and out-of-work-window requests

To understand the ESA process and RAP (NMFS)

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KING COUNTY PERMITTING TEAM 2019 4

Brandon Clinton East Upper King

Jason Sweeney East Lower King

Kristin McDermottSouth King

Rory LeeCentral King CountyKing County WRDA

Daisy DouglassMercer Island

Jordan BunchLake Sammamish

Bethany NickisonKing County

Colleen AndersonNorth King

REGULATORY PROGRAM OVERVIEW

Rory Lee, Daisy Douglass, Kristin McDermott, Jordan Bunch, Juliana Houghton, Brandon Clinton

Seattle DistrictRegulatory Branch

July 10, 2019

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MISSION STATEMENT

To protect the Nation’s aquatic resources, while allowing reasonable development through fair, flexible, and balanced permit decisions

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PRESENTATION OUTLINE

Part 1: Permitting Authorities & Jurisdictional Areas

Part 2: Permits & Authorizations

Part 3: Related Laws and Policies

Part 4: Permit Compliance & Enforcement

Part 5: Complete Application

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PERMITTING AUTHORITIES & JURISDICTIONAL AREASPart 1

9SECTION 10 RIVERS & HARBORS ACT

Purpose: To protect & preserve the navigability of “Navigable Waters”

Requires that you obtain a Department of the Army permit for any structure or work in a navigable WOUS.

10SECTION 404CLEAN WATER ACT

Purpose: to restore and maintain the chemical, physical, & biologicalintegrity of WOUS

Requires that you obtain a Department of the Army permit for the discharge of dredge or fill material in any WOUS

NOTE: There are certain exempt activities under Section 404

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DISCHARGE OF FILL

- Replacing any portion of a WOUS with dry land; or

- Changing the bottom elevation of any portion of a WOUS.

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EXAMPLES OF FILL

Sandbag Cofferdams

ClayRock

Wood Chips Construction Debris

Sand

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DISCHARGE OF DREDGED MATERIAL

- Mechanized Land Clearing- Grading- Dredging (in-water disposal or

associated discharge)- Excavation (with an associated

discharge)

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REGULATORY JURISDICTIONAL BOUNDARIES

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PERMITS AND AUTHORIZATIONSPart 2

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DEPARTMENT OF THE ARMY PERMITS

Individual Permits- Standard- Letter of Permission

General Permits- Nationwide- Regional

Com

plex

ity

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NATIONWIDE PERMITS (NWP)

~50 NWPs- Minimally impacting

Benefits- Issued nationally every 5 years- Section 10 & Section 404 activities- May certify 401 Water Quality & CZM

Conditions- National specific & general conditions- Regional specific & general conditions- Section 401 Water Quality specific &

general conditions

Transportation Projects

Bank Stabilization

Utility Lines

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LETTER OF PERMISSION (LOP)

- Section 10 activities only- Categorically excluded from NEPA

Benefits- Non-controversial projects- Streamlined process

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STANDARD INDIVIDUAL PERMIT

- Public notice with 30 day comment period

- Environmental Assessment (EA)

- Individual Alternatives Analysis (Section 404 only)

- Individual Endangered Species Act Consultation

- Individual Section 401 Water Quality Certification

Dredging

Dams

Marine Terminals

Projects with more than minimal impacts

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RELATED LAWS AND POLICIESPart 3

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RELATED LAWS AND POLICIES

- Tribal Trust responsibilities

- Section 106, National Historic Preservation Act

- Section 401 Clean Water Act

- 2008 Federal Mitigation Rule

- National Environmental Policy Act

- Wild and Scenic Rivers Act

- Section 7, Endangered Species Act- Magnuson-Stevens Fishery Conservation

Management Act (EFH)

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TRIBAL TRUST RESPONSIBILITIES

Considerations- Treaty fishing rights- Entitlement to “fair share” of fish runs- Usual & Accustomed fishing areas- Protection of fish habitat

Coordination- 10-day comment period

23SECTION 106 NATIONAL HISTORIC PRESERVATION ACT

Considerations- Will the activity affect a historic property in or eligible for inclusion in the National Register?

Corps’ Determination- No potential to affect- No Historic property- May affect- Adverse affect

Requires consultation with Tribes & State Historic Preservation Officer (SHPO)

Arthur Foss,Kirkland

Lakeview School, Mercer Island

James G Eddy House,Medina

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SECTION 401 CLEAN WATER ACT

Requires that you obtain a Water Quality Certification (WQC) when:

- Applying for a Federal license or permit, &

- Your project may result in a dischargeinto waters of the state.

NOTE: EPA or Tribes issue WQC’s for projects in/on Indian Country

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SECTION 401 WQC FOR NATIONWIDE PERMITS

Certified- No additional review needed by Ecology if the Corps determines State

General Conditions are met

Certified Subject to Conditions- State General and/or NWP Specific Conditions may trigger additional

review by Ecology- Ecology will issue a Letter of Verification (LOV) or Individual Section

401 Water Quality Certification

Denied without Prejudice- Ecology review is required and Individual Section 401 WQC is needed- 21-day Public Notice

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2008 FEDERAL MITIGATION RULE

Compensatory Mitigation Requirement

- What ecological function(s) and serviced are provided by the impacted aquatic resource?

NOTE: The Department of Ecology, Cities, and/or Counties may require more/other mitigation than the Corps.

After

Before

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2008 FEDERAL MITIGATION RULEMitigation Sequencing

- Avoid- Minimize- Compensate

Compensatory Mitigation Hierarchy

1. Mitigation Banks2. In-Lieu Fee (ILF) Programs3. Permittee-responsible

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PERMIT COMPLIANCE AND ENFORCEMENTPart 4

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PERMIT COMPLIANCE

Corps’ Responsibility- To inspect permitted activities for

compliance with all permit conditions (construction, complete project, and mitigation)

Procedures- As-builts- Monitoring results- Mitigation reports- Site inspections

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PERMIT NON-COMPLIANCE

If a project does not comply with the terms and conditions of its permit, specific corrective measures will be issued to bring the permit back in compliance.

If projects fail to comply:- Permit suspension- Modify/revoke the permit- Administrative penalties- Legal action

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ENFORCEMENT

Corps’ Responsibility- To investigate complaints about

potential violations

Procedures- Receive Compliant- Site inspection & investigation- Determine if work is a violation- Cease & desist order - Evaluate information - Resolution

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ENFORCEMENT

Resolution Options

- Initial corrective measures- Voluntary removal/restoration- After-the-fact permit application - Legal action, fines, or prosecution- Referral to the Environmental

Protection Agency (EPA)

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COMPLETE APPLICATIONPart 5

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APPLICATION PROCESS

Pre-Application Meetings- Large/complex projects- Potential sediment contamination

Complete Early Technical Assistance (if applicable)

Submit an Application- To the Corps & Ecology at the same time

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INITIAL REVIEW

Is a Department of the Army permit necessary?- Is the water a WOUS?- Is the activity regulated?

Is the application complete? - ENG 4345- Joint Aquatic Resource Application (JARPA)- Location, impacts, signature, etc.

Are the project drawings accurate?- Lines of jurisdiction, accuracy, etc.

36FEDERALLY COMPLETE APPLICATION

1. Applicant’s name, address, and contact information2. Location of proposed activity 3. Identify which NWP(s) apply4. Description of the proposed activity

• Purpose and need • All direct, indirect, and temporary effects• Associated upland impacts• Acreage & volume of impacts

5. Delineation of all WOUS

6. Description of Mitigation • Avoidance and minimization• Mitigation sequencing and hierarchy

7. Names of ESA listed species that may be affected8. List of any historic properties which may be affected9. Identify any Wild and Scenic River 10. Statement addressing Section 408

11. Compliance with all National & Regional Conditions

For Nationwide Permits follow the National General Condition 32 (b)

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Regio

nal G

ener

al Pe

rmits

Natio

nwide

Per

mits

Lette

r of P

erm

ission

Stan

dard

Indiv

idual

Perm

its

Joint Aquatic Resource Permit Application x x x x

Project Drawings x x x x

Tribal Coordination x x x x

National Historic Preservation Act x x x x

Compensatory Mitigation x x x x

Jurisdictional Determination x x x x

Endangered Species Act x x x

Water Quality Certification x x

Coastal Zone Management Consistency x x

Public Interest Review x x

Public Notice x

National Environmental Protection Act x

404(b)(1) Guidelines x

Alternatives Analysis x

Cumulative Effects Assessment x

General Permits Individual Permits

ADDITIONAL INFORMATION IS OFTEN REQUIRED TO MAKE A PERMIT DECISION

For example, for certain projects, these documents may be needed:

• Cultural Resources Report• Biological Evaluation• CZMA Form• Water Quality Certification• 404(b)(1) Guidelines• Alternatives Analysis

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COMMON APPLICATION MISTAKES

Wrong location of proposed activity • Proximity to OHW, MHHW, or MHW

Inadequate project drawings• Existing vs. proposed conditions• Engineering plans?• Labeling OHW, MHHW, MHW, and wetlands

(line of jurisdiction)

Not addressing all conditions • National General Conditions• Regional General Conditions(All can be found in NWP User’s Guide)

This is your project location

This is not your project location

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COMMON APPLICATION MISTAKES

Inadequate Mitigation Plans• No avoidance and minimization• Not following mitigation hierarchy • Poor labeling of OHW, MHHW, MHW, and

wetlands

Phasing

Overall Insufficient QA/QC

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PROJECT DRAWINGSDrawings must be submitted with pre-construction notification (PCN).

• Use of the drawing checklist will ensure your drawings contain all the information we need for your project.

• Drawings must provide a clear understanding of the proposed project, and how waters of the U.S. will be affected.

• Drawings must be originals and not reduced copies of large-scale plans.

• Engineering drawings are not required. • Existing and proposed site conditions (manmade

and landscape features) must be drawn to scale.

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PROJECT DRAWINGS

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SECTION 7 ENDANGERED SPECIES ACTPart 6

43SECTION 7ENDANGERED SPECIES ACT

Considerations- Will the activity affect a listed

species?- Is the activity in critical habitat for

a listed species?

Corps’ Determination- No Effect- May affect, not likely to adversely

affect- May affect, likely to adversely

affect

Requires consultation

with the “Services”

Chinook Salmon

Oregon Spotted Frog

Marbled Murrelet

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ESA “SERVICES”

National Marine Fisheries Services (NMFS)- Jurisdiction over marine animals &

anadromous fish

U.S. Fish & Wildlife Service (USFWS)- Jurisdiction over birds, terrestrial

animals, plants, & freshwater animals

Bull Trout

Southern Resident Killer Whale

Oregon SilverspotButterfly

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ESA PROCESS – NO EFFECT

• No Effect: The appropriate conclusion when

the Corps determines the proposed action

will not affect a listed species or designated

critical habitat

– Corps completes internal

documentation

– No consultation with Services is

required

– May ask Services for technical

assistance or advice

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ESA PROGRAMMATIC CONSULTATION

Programmatic Consultations • USFWS – Programmatic Letter of Concurrence for Selected Activities in Lake

Washington/Lake Sammamish Basins• New/repair/replacement/modification to overwater structures; watercraft lifts; fill placement for beach nourishment;

repair/modification of existing shoreline stabilization; shoreline/riparian enhancement; irrigation withdrawals

• Lake Washington, Lake Sammamish, Lake Union, Union Bay, Lake Washington Ship Canal

• NMFS – (more from NMFS soon)• Integrated Restoration and Permitting Program (IRPP, since 2017)

– Lakes Washington and Sammamish only

• Restoration And Permitting (RAP)

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ESA INDIVIDUAL CONSULTATION

• Informal consultation

– May affect, not likely to adversely affect • Effects are discountable, insignificant, or wholly beneficial

• Services may elevate to formal consultation if they do not concur

– Requires biological evaluation/assessment (BE/BA) from applicant

– Results in Letter of Concurrence from the Service(s)

• Formal consultation

– May affect, likely to adversely affect

– Requires biological assessment (BA) from applicant

– Results in Biological Opinion from the Service(s)

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QUESTIONS?