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Appendix E09 Appendix E09 NEPA Package SR 548 Washington State Department of Transportation I-5 & SR 548 Tributaries to California Creek – Fish Passage Project Request for Proposal June 24, 2019 ECS Standard Report WIN: A00596K I-5/Tributary to California Creek - Fish Passage Project Title: SR 548/Tributary to California Creek - Fish Passage WSDOT APPROVAL __________________________________George Carlson ____________02/21/2019 Beth A. Toberer 360-757-5996 Region Environmental Manager Date Region Environmental Contact Phone: __________________________________ ____________ Date PART 1 - PROJECT DESCRIPTION WIN: A00596K I-5/Tributary to California Creek - Fish Passage Intent of Documentation: Scoping (ERS) Project Title: SR 548/Tributary to California Creek - Fish Passage NEPA/SEPA Documentation (ECS) Pin(s): 100596K Federal Aid Number: NHPP-0055(249) Project Description: The Washington State Department of Transportation (WSDOT) proposes to replace a fish barrier to improve fish passability in Unnamed Tributary to California Creek as it flows under State Route (SR) 548. The project will replace the existing 36-inch diameter concrete culvert with a new structure with a minimum span of 12 feet. Project construction will include traffic control, excavation, stream diversion, culvert removal, new structure installation, and restoring disturbed areas with native vegetation. Purpose: To replace the fish barrier in accordance with federal court injunction No. C70-9213 Subproceeding No. 01-1 dated March 29, 2013. Need: This existing structure on SR 548 has been identified as a partial fish barrier by Washington Department of Fish and Wildlife (WDFW) and WSDOT Environmental Services Office (ESO) (Site ID 996003) due to possible high velocities based on scour lines in the pipe. Project Location: SR: 548 Begin MP: 0.25 End MP: 0.31 WSDOT Region: Northwest: Mt Baker Township/Section/Range: S6, T39N, R2E W.M. County/Counties: Whatcom Right of Way -- Check all that apply Will ROW be acquired for this project? Yes No If ‘no’ skip indented questions. If ‘yes’ will people and/or businesses be relocated and/or displaced? Yes No Will early acquisition be necessary? Yes No Statewide Transportation Improvement Program (STIP) Confirmation Are All phases of the project included in the STIP? Yes No If ‘yes’ list STIP/STIP addendum date: 18-21 Approved 1/10/2018 If ‘no’ attach plan for inclusion 1 ECS Standard Report WIN: A00596K I-5/Tributary to California Creek - Fish Passage Project Title: SR 548/Tributary to California Creek - Fish Passage PART 2 - ENVIRONMENTAL CLASSIFICATION The information provided is based on review of GIS data in the WSDOT Environmental Workbench and field reviews by qualified WSDOT staff. NEPA Classification: FHWA Categorical Exclusion (CE) 23 CFR SEPA Classification: Categorical Exemption - 771.117 Subsection: C25: Environmental restoration and pollution Subsection: 43.21C.0382 RCW Watershed restoration and fish abatement (including fish passage projects) habitat enhancement projects Endangered Species Act (ESA) USFWS Consultation Type: Programmatic Completion date: 2/19/2019 NOAA Consultation Type: Programmatic Completion date: 2/19/2019 National Historic Preservation Act: Section 106 – Check all that apply. Has a Cultural Resources Specialist reviewed this project? Yes No If ‘yes’, provide date: 3/13/2017 Is the project on tribal lands? Yes No If ‘yes’, list tribe: Is the project exempt under the 2012 Programmatic Agreement with FHWA & SHPO? Yes No If ‘yes’, list exemption: Is the project located on Forest Service land? Yes No If ‘yes’ is the project exempt under the 2012 Programmatic Agreement with USFS? Yes No If ‘yes’ list exemption: 2/1/2019 Was a Cultural Resources Survey completed for this project? Yes No If ‘yes’, provide completion date: If ‘yes’, Historic Cultural Archeological resources will be affected. See attached. The project is not exempt under either Programmatic Agreement. DAHP concurrence is required: 2/4/2019 Consultation and concurrence by and/or is required Date of approved Section 106 MOA: See attached. PART 3 - PERMITS3 & APPROVALS Federal: Check all that apply State: Check all that apply US Army Corps of Engineers Hydraulic Project Approval (HPA) General Hydraulic Project Type: Type: US Coast Guard Section 401 Water Quality Certification Coordination is required to complete NEPA. Certifying Entity: Contact Date: Aquatic Use Authorization (WDNR) Coastal Zone Management Certification (CZM) Section 4(f) County: De minimis approval Temporary Occupancy approval Forest Practice Approval Section 4(f) Evaluation See attached. Issuing Agency: Section 6(f) Compliance (RCO/NPS) NPDES Construction Stormwater Permit See attached Wild and Scenic Rivers Review Coordination with Temporary Erosion Sediment Control Plan (TESC) administrator required. MOA attached Authorization for Use of Federal Land GEO 05-05 See attached Issuing Agency: Tribal Farmland Conversion Name of tribe: see attached NCRS documentation List of permits and approvals: See Notes Section Below Local: Check all that apply Other Plans/Approvals: Check all that apply Critical Areas Ordinance Compliance (CAO) Ecology Issuing Agency: List CAO Permits: See Notes Section Below Jurisdictional Stormwater Manual Issuing Municipality: Noise Variance (e.g. nighttime construction or maintenance) Issuing Agency: Flood Plain Development Permit Issuing Agency: Shoreline Management Program Issuing Agency: Permit Type: Notes PART 2 - ENVIRONMENTAL CLASSIFICATION The information provided is based on review of GIS data in the WSDOT Environmental Workbench and field reviews by qualified WSDOT staff. NEPA Classification: SEPA Classification: Subsection: Subsection: Endangered Species Act (ESA) USFWS Consultation Type: Completion date: NOAA Consultation Type: Completion date: National Historic Preservation Act: Section 106 – Check all that apply. Has a Cultural Resources Specialist reviewed this project? If ‘yes’, provide date: Is the project on tribal lands? If ‘yes’, list tribe: Is the project exempt under the 2012 Programmatic Agreement with FHWA & SHPO? If ‘yes’, list exemption: Is the project located on Forest Service land? If ‘yes’ is the project exempt under the 2012 Programmatic Agreement with USFS? If ‘yes’ list exemption: Was a Cultural Resources Survey completed for this project? If ‘yes’, provide completion date: If ‘yes’, The project is not exempt under either Programmatic Agreement. DAHP concurrence is required: Consultation and concurrence by and/or is required Date of approved Section 106 MOA: See attached. ECS Standard Report WIN: A00596K I-5/Tributary to California Creek - Fish Passage Project Title: SR 548/Tributary to California Creek - Fish Passage PART 3 - PERMITS & APPROVALS Federal: Check all that apply State: Check all that apply US Army Corps of Engineers Hydraulic Project Approval (HPA) Section 404 Section 10 General Hydraulic Project Nationwide Type: Fish Habitat Enhancement Type: Fish Habitat Enhancement Individual US Coast Guard Section 401 Water Quality Certification Coordination is required to complete General Bridge Act NEPA. Certifying Entity: Ecology Contact Date: 10/23/2018 Aquatic Use Authorization (WDNR) Private Aids to Navigation (non-bridge projects) Coastal Zone Management Certification (CZM) Section 4(f) County: De minimis approval Whatcom Temporary Occupancy approval Forest Practice Approval Section 4(f) Evaluation See attached. Issuing Agency: Section 6(f) Compliance (RCO/NPS) NPDES Construction Stormwater Permit See attached General Individual Wild and Scenic Rivers Review Coordination with Temporary Erosion Sediment Control Plan (TESC) administrator required. MOA attached Authorization for Use of Federal Land GEO 05-05 See attached Issuing Agency: Tribal Farmland Conversion Name of tribe: see attached NCRS documentation List of permits and approvals: See Notes Section Below Local: Check all that apply Other Plans/Approvals: Check all that apply Critical Areas Ordinance Compliance (CAO) Ecology Migratory Bird Treaty Act -- See attached. Issuing Agency: Bald Eagle Protection Act -- See attached. List CAO Permits: Essential Fish Habitat (EFH) -- See attached. See Notes Section Below Marine Mammal Protection Act -- See attached. Jurisdictional Stormwater Manual Other -- See Notes. Issuing Municipality: Noise Variance (e.g. nighttime construction or maintenance) Issuing Agency: Flood Plain Development Permit Issuing Agency: Shoreline Management Program Issuing Agency: Permit Type: Notes A HazMat special provision has been recommended for use on this project due to its location next to a BNSF railway. EFH consultation was covered under the 2015 Programmatic Biological Assessment that WSDOT has in place with National Marine Fisheries Service. No bald eagle nests or roosts are documented within 1 mile of the project location; therefore, no impacts will occur to this species and no further documentation is required beyond this ECS. The project is exempt from local permits. 4 ECS Standard Report WIN: A00596K I-5/Tributary to California Creek - Fish Passage Project Title: SR 548/Tributary to California Creek - Fish Passage PART 4 ENVIRONMENTAL CONTEXT -- CHECK ALL THAT APPLY. The information provided is based on review of GIS data in the WSDOT Environmental Workbench and field reviews by qualified WSDOT staff. Air Quality 1. Is the project exempt from Air Quality conformity requirements per WAC 173-420-110? Yes No If ‘yes’ list exemption: 110.1(g) and skip questions 2 & 3. Project construction will comply with federal, state and local requirements.
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