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20160804101403.pdfµ r�uru 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 243d Place SW Edmonds, WA 98026 Dear Mr. Lei, SUBJECT: UNPERMITTED HYDRAULIC PROJECT — LAKE BALLINGER FLOAT REPLACEMENT — LOCATED AT 7532 243ID 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 t�/1a ip.le ), w^aWgov/WA�C� /defaLlIt.as x'kite=-220-66 -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 #93-30: Slope Stabilization Erosion Control Using Vegetation: A Manual of Practice for Coastal Property Owners, available online at 1�a:1/wrr v r y ��mtvd t) yt M ,' t )L ✓) 30/table3.html. 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 littp:HwdfNv,wa.gov/liceiisiiig,/hL),,i/. 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)