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)
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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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LAKE WASHINGTON BASIN PERMITTING WORKSHOP
U.S. Army Corps of Engineers
Seattle DistrictRegulatory Branch
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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
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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DISCHARGE OF DREDGED MATERIAL
- Mechanized Land Clearing- Grading- Dredging (in-water disposal or
associated discharge)- Excavation (with an associated
discharge)
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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 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
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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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.
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)