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State of Washington
Department of Fish and Wildlife
Mailing Address: Issaquah Field Office 1775 12th Ave NW, Suite 201, Issaquah, WA 98027
Main Office Location: Natural Resources Building, 1111 Washington Street SE, Olympia WA
November 10, 2015
Canxin Lei
7532 243rd Place SW
Edmonds, WA 98026
Dear Mr. Lei,
SUBJECT: UNPERMITTED HYDRAULIC PROJECT — LAKE BALLINGER FLOAT
REPLACEMENT -- LOCATED AT 7532 243RD PLACE SW, EDMONDS,
WA — KING COUNTY, WRIA 08.
On October 21, 2015, I met at the property of Mr. Canxin Lei with City of Edmonds Planner,
Mr. Sean Conrad, to observe a float and ramp replacement project that occurred without a
hydraulic project approval (HPA) or consultation with the Washington Department of Fish and
Wildlife (WDFW). During the site visit, I observed a new solid wood float and modified solid
wood ramp. The access ramp utilized recycled styrofoam material, which was observed floating
along the water surface and amongst the emergent/shrub vegetation along the shoreline. Mr. Lei
stated that all repair work occurred in May 2015.
Please be aware that HPAs must be obtained before starting any work within state waters, and
any work done without an HPA is a violation of Revised Code of Washington (RCW). RCW
77.55.021 states, "...in the event that any person or government agency desires to undertake a
hydraulic project, the person or government agency shall, before commencing work thereon,
secure the approval of the department in the form of a permit as to the adequacy of the means
proposed for the protection offish life. " In the future, if you wish to conduct a hydraulic project,
please contact WDFW to obtain an HPA before proceeding.
The Washington Department of Fish and Wildlife does not issue HPAs after hydraulic projects
are completed. For that reason, I cannot authorize the work that took place, although I can
authorize work to correct the code violation and enhance the area of impact. All new float work
must comply with Washington Administrative Code (WAC) 220-660-140, updated in July 2015.
Feel free to review WAC 220-660-140, which is available online at
http://gpp.leg.wa.gov/WAC/default.aspx?cite=220-660-140. Code rules relevant to your project
state the following:
• A "float wider than six feet (up to eight feet wide) must have at least fifty percent
of the deck surface covered in functional grating. The grating material's open area
must be at least sixty percent."
• Floats must be "fully enclosed and contain flotation for the structure in a shell
(tub) or 20 - 25 mm polyethylene or polyurethane wrap. The shell or wrap must
November 10, 2015
Page 2
prevent breakup or loss of the flotation material into the water. The shell or wrap
must not be readily subject to damage by ultraviolet radiation and abrasion."
"Limit the width of residential ramps to four feet wide. Limit the width of public
recreational ramps to the minimum width needed to accommodate the intended
use. Cover the entire ramp surface with grating."
Due to the fact that the hydraulic code rules were recently updated, it seems reasonable to only
request that the ramp be brought up to current standards. Therefore, the ramp must be replaced
with a fully grated surface accomplished by installing a ramp spanning from the lakeshore to the
float or by installation of piles/posts that will support the fully grated ramp. The existing solid
wood ramp and styrofoam floatation must be removed from the site. All stryofoam in and around
the project area must be properly disposed of. To mitigate for conducting hydraulic work without
an HPA and not fully complying with recently updated WAC 220-660-140, WDFW requests
installation of a native shoreline planting plan. Appropriate species may include native emergent,
shrub and tree species such as: Small Fruited Bulrush, Shore Sedge, Beaked Sedge, Willow,
Red -Osier Dogwood, Red Salmonberry, Twinberry, Hazelnut, Indian Plum, Cedar, Sitka Spruce,
etc. Additional recommended plantings can be found in the Department of Ecology publication
993-30: Slope Stabilization Erosion Control Using Vegetation: A Manual of Practice for Coastal
Property Owners, available online at http://www.ecy.wa.gov//programs/seepubs/93-
30/table3.htm1.
In order to correct this hydraulic code violation, the following is necessary:
➢ HPA application for corrective measures to comply with WAC 220-660-140 and mitigate
for unauthorized hydraulic work (as described above);
o Detailed plans for modification of the float and shoreline plantings are necessary.
o Describe how work will be accomplished and how the lakes water quality will be
protected.
o Detailed information about applying for an HPA can be found online at
http://wdfw.wa.gov/licensing/hpa/. Please be aware that a complete HPA
application includes (1) plans for the overall project, (2) complete plans and
specifications for work waterward of the ordinary high water line, and (3)
complete plans and specifications for the proper protection of fish life. A
complete application also includes payment of, or exemption from, the $150
application fee, and compliance with the State Environmental Policy Act (SEPA).
➢ Authorized HPA to implement corrective actions;
➢ Implementation and photo documentation of the approved corrective actions; and
➢ If necessary, a compliance inspection to verify that the hydraulic code violation has been
appropriately mitigated for.
Please respond to this letter by Friday, December 4, 2015 to acknowledge receipt of this letter.
At that time, please describe how the above requested corrective actions will be fully
implemented prior to April 30, 2016.
November 10, 2015
Page 3
Feel free to call me at 425-313-5681 with any questions.
Sincerely,
Christa Heller
Habitat Biologist
cc: Sgt. Kim Chandler (WDFW - Enforcement)
Officer Lance Stevens (WDFW - Enforcement)
Stewart Reinbold (WDFW — Habitat)
Sean Conrad (City of Edmonds - Planning)