AGENCY USE ONLY

2 0 1 0 Date received: WASHINGTON STATE Joint Aquatic Resources Permit Agency reference #: 1 Tax Parcel #(s):

Application (JARPA) Form USE BLACK OR BLUE INK TO ENTER ANSWERS IN WHITE SPACES BELOW.

Part 1–Project Identification

1. Project Name (A name for your project that you create. Examples: Smith’s Dock or Seabrook Lane Development) [help]2 Post Point Wastewater Treatment Plant Improvements

Part 2–Applicant The person or organization responsible for the project. [help]

2a. Name (Last, First, Middle) and Organization (if applicable) Routhe, Rory - City of Bellingham Public Works Department

2b. Mailing Address (Street or PO Box) 210 Lottie Street 2c. City, State, Zip Bellingham, WA 98225 2d. Phone (1) 2e. Phone (2) 2f. Fax 2g. E-mail (360) 778-7900 ( ) (360) 778-7701 [email protected]

Part 3–Authorized Agent or Contact Person authorized to represent the applicant about the project. (Note: Authorized agent(s) must sign 11b. of this application.) [help]

3a. Name (Last, First, Middle) and Organization (if applicable) Zemke, Lizzie – ESA

3b. Mailing Address (Street or PO Box) 5309 Shilshole Ave NW, Suite 200

1 Additional forms may be required for the following permits: • If your project may qualify for Department of the Army authorization through a Regional General Permit (RGP), contact the U.S. Army Corps of Engineers for application information (206) 764-3495. • If your project might affect species listed under the Endangered Species Act, you will need to fill out a Specific Project Information Form (SPIF) or prepare a Biological Evaluation. Forms can be found at http://www.nws.usace.army.mil/PublicMenu/Menu.cfm?sitename=REG&pagename=mainpage_ESA • If you are applying for an Aquatic Resources Use Authorization you will need to fill out and submit an Application for Authorization to Use State- Owned Aquatic Lands form to DNR, which can be found at http://www.dnr.wa.gov/Publications/aqr_use_auth_app.doc • Not all cities and counties accept the JARPA for their local Shoreline permits. If you think you will need a Shoreline permit, contact the appropriate city or county government to make sure they will accept the JARPA. 2 To access an online JARPA form with [help] screens, go to http://www.epermitting.wa.gov/site/alias__resourcecenter/jarpa_jarpa_form/9984/jarpa_form.aspx . For other help, contact the Governor’s Office of Regulatory Assistance at 1-800-917-0043 or [email protected].

JARPA 2010 v1 3/30/2010 Page 1 of 17 3c. City, State, Zip Seattle, WA 98107

3d. Phone (1) 3e. Phone (2) 3f. Fax 3g. E-mail (206) 789-9658 ( ) (206) 789-9684 [email protected]

Part 4–Property Owner(s) Contact information for people or organizations owning the property(ies) where the project will occur. [help] Same as applicant. (Skip to Part 5.) Repair or maintenance activities on existing rights-of-way or easements. (Skip to Part 5.) There are multiple property owners. Complete the section below and fill out JARPA Attachment A for each additional property owner.

4a. Name (Last, First, Middle) and Organization (if applicable) City of Bellingham Public Works Department

4b. Mailing Address (Street or PO Box) 210 Lottie Street 4c. City, State, Zip Bellingham, WA 98225 4d. Phone (1) 4e. Phone (2) 4f. Fax 4g. E-mail (360) 778-8010 ( ) (360) 778-8001 [email protected]

Part 5–Project Location(s) Identifying information about the property or properties where the project will occur. [help] There are multiple project locations (e.g., linear projects). Complete the section below and use JARPA Attachment B for each additional project location.

5a. Indicate the type of ownership of the property. (Check all that apply.) [help] State Owned Aquatic Land (If yes or maybe, contact the Department of Natural Resources (DNR) at (360) 902-1100) Federal Other publicly owned (state, county, city, special districts like schools, ports, etc.) Tribal Private 5b. Street Address (Cannot be a PO Box. If there is no address, provide other location information in 5p.) [help] 200 McKenzie Avenue 5c. City, State, Zip (If the project is not in a city or town, provide the name of the nearest city or town.) [help] Bellingham, WA 98225 5d. County [help]

Whatcom

JARPA 2010 v1 3/30/2010 Page 2 of 17 5e. Provide the section, township, and range for the project location. [help] ¼ Section Section Township Range 2 and 11 37 North 2 East 5f. Provide the latitude and longitude of the project location. [help] • Example: 47.03922 N lat. / -122.89142 W long. (NAD 83)

48.4305 N lat./-122.5150 W long (NAD83)

5g. List the tax parcel number(s) for the project location. [help] • The local county assessor’s office can provide this information. 3702-1140-3538

5h. Contact information for all adjoining property owners. (If you need more space, use JARPA Attachment C.) [help]

Name Mailing Address Tax Parcel # (if known) See Attachment C.

5i. List all wetlands on or adjacent to the project location. [help] Wetlands are listed below and illustrated on Figure 2 of the Wetland and Wildlife Mitigation Plan (ESA, 2011). Wetland Class Area Onsite (sf) Ecology Rating A Slope; palustrine, emergent/scrub-shrub, 43,117 IV seasonally flooded/saturated B Slope; palustrine, emergent, saturated 952 IV C Slope; palustrine, emergent, saturated 737 IV J Slope; palustrine, scrub-shrub, saturated 450 IV D Slope; palustrine, forested, saturated 13,070 IV E Slope; palustrine, scrub/shrub, saturated 512 IV G Slope; palustrine emergent, saturated 311 IV I Slope; palustrine, scrub/shrub, 476 IV emergent, saturated H Slope/depressional; palustrine, 902 IV emergent/scrub-shrub, saturated K Coastal lagoon, emergent/aquatic bed, 144,165 I regularly flooded (connected to Bellingham Bay)

5j. List all waterbodies (other than wetlands) on or adjacent to the project location. [help] Type 3f stream (see Figure 2 of the Wetland and Wildlife Mitigation Plan; ESA, 2011).

JARPA 2010 v1 3/30/2010 Page 3 of 17 5k. Is any part of the project area within a 100-year flood plain? [help] Yes No Don’t know 5l. Briefly describe the vegetation and habitat conditions on the property. [help]

The site is located on the shoreline of Bellingham Bay. The 28.15-acre site is bounded by an intertidal lagoon and Burlington Northern Santa Fe railroad to the west and northwest

A great blue heron colony has been documented on the WWTP site since 2000 (Nahkeeta Northwest, 2003). The colony is located on the forested bluff southwest of the WWTP. A bald eagle nest was identified on the site in 2005, just east of the heron colony. The bald eagle nest did not appear to be active during monitoring by Nahkeeta Northwest in 2008 or 2011, but bald eagles are regularly observed at the site

The northeastern portion of the WWTP site is developed with existing treatment structures and support buildings, access roads, parking areas, and landscaping (Figure 2). In addition to developed areas immediately adjacent to the WWTP, the City constructed a pedestrian recreational loop trail on the unused portion of the property in 1994 (Figure 2). Community residents use the trail to access the lagoon and waterfront. The southeast corner of the property is a grassy field used by the community as an off-leash dog area. The slopes on the southern portion of the site are wooded

Most of the wetlands on the site are less than 1,000 square feet in size; however, two groups of wetlands identified on the site meet the definition of a wetland mosaic. Cantrell & Associates (2011) rated the onsite wetlands using the Washington State Department of Ecology Wetland Rating System (Table 2). Wetlands A, B, C, and J constitute a Category IV wetland rating unit or wetland mosaic, and Wetlands D, E, G, and I constitute a second Category IV wetland rating unit or wetland mosaic. Wetland K (also known as Post Point lagoon) is a Category I Coastal Lagoon wetland.

The Post Point lagoon (Wetland K) is a tidally influenced, estuarine wetland containing emergent and aquatic bed vegetation. The lagoon is connected to Bellingham Bay by a narrow channel under a bridge supporting the railroad tracks. The other onsite wetlands are freshwater (palustrine) wetlands with emergent, scrub-shrub, and forested vegetation communities containing a mixture of native and non-native plant species.

5m. Describe how the property is currently used. [help]

Most of the property is occupied by the Post Point WWTP and associated facilities. The southeast corner of the property is used by the community as an off-leash dog area. Pedestrian trails around the perimeter of the WWTP facilities do not provide access to the lagoon. Part of the property is used as heron habitat and the lagoon portion of the property is used as fish and wildlife habitat. The property has been in use for the Post Point WWTP since 1974.

5n. Describe how the adjacent properties are currently used. [help]

JARPA 2010 v1 3/30/2010 Page 4 of 17 The site is bounded by the Post Point lagoon (Wetland K) and Burlington Northern Santa Fe railroad to the west and northwest; an industrial/transportation district to the north and northeast; and a residential neighborhood to the southeast, south, and southwest.

5o. Describe the structures (above and below ground) on the property, including their purpose(s). [help] Existing WWTP facilities on the site include: o Administration and laboratory building o Shop building o Storage building o Incineration and solids handling building o Chlorine contact basin chlorinates effluent o Scrubber system o Chlorine building o Oxygen generation building o Emergency generator building o Screening building o Headworks building o Odor scrubber building o Sodium bisulfite storage room o Secondary sludge pump station o Oxygen activated sludge basins o Primary effluent pump station lifts effluent from primary clarifiers to activated sludge basin o Five clarifiers remove settleable solids o Underground utility lines plant pipe gallery system 5p. Provide driving directions from the closest highway to the project location, and attach a map. [help] From Interstate 5, take Exit 250 heading west on Old Fairhaven Parkway. Travel west for approximately 1.5 miles then take a left onto 12th Street. Travel approximately 2 blocks south, then take the first 90-degree right turn after the bridge onto Cowgill Avenue. Head west for approximately 0.5 miles and take a right onto 4th Street. Travel approximately 0.2 miles north and take a left onto McKenzie Avenue. Follow McKenzie Avenue west until it dead-ends at the WWTP office parking lot. See Sheet 1.

Part 6–Project Description

JARPA 2010 v1 3/30/2010 Page 5 of 17 6a. Summarize the overall project. You can provide more detail in 6d. [help] The project includes improvements to the City of Bellingham Post Point WWTP. This includes modifications to existing facilities and construction of new structures. See item 6c. The City of Bellingham ‘s Post Point WWTP is approaching its treatment capacity and risks violating its National Pollutant Discharge Elimination System (NPDES) permit if improvements are not completed within the near future. The City is preparing plans to maintain adequate capacity as mandated by NPDES Permit WA-002374-4, Section S4-B.

6b. Indicate the project category. (Check all that apply) [help] Commercial Residential Institutional Transportation Recreational Maintenance Environmental Enhancement 6c. Indicate the major elements of your project. (Check all that apply) [help] Aquaculture Culvert Float Road Bank Stabilization Dam / Weir Geotechnical Survey Scientific Measurement Device Boat House Dike / Levee / Jetty Land Clearing Stairs Boat Launch Ditch Marina / Moorage Stormwater facility Boat Lift Dock / Pier Mining Swimming Pool Bridge Dredging Outfall Structure Utility Line Bulkhead Fence Piling Buoy Ferry Terminal Retaining Wall (upland) Channel Modification Fishway

Other: • Retrofit of the oxygen generation building to a chemical facility to enhance solids removal during primary treatment; • Modifications to existing primary effluent (PE) and return activated sludge (RAS) pump stations and flow splitting structures; • A new anaerobic selector basin; • Additional activated sludge basins and associated mechanical facilities (Activated Sludge Basin 4 [one of the two new basins] will likely be constructed as part of a future phase); • A fourth secondary clarifier; • A new blower building to provide oxygen to the biological process; • Retrofits to the existing activated sludge basins for conversion to air; and • Modifications and improvements to existing electrical and control systems. 6d. Describe how you plan to construct each project element checked in 6c. Include specific construction methods and equipment to be used. [help] • Identify where each element will occur in relation to the nearest waterbody. • Indicate which activities are within the 100-year flood plain.

JARPA 2010 v1 3/30/2010 Page 6 of 17 The exact construction methods, materials, and equipment to be used will be determined by the City and the general contractor/construction manager during 2011. New structures would be constructed largely of concrete, similar to the existing WWTP facilities. The types of equipment likely to be needed would be typical of a large construction project and may include dump trucks, concrete trucks, a truck-mounted crane, backhoes, and hand-held power tools. Dewatering may be required for deep excavation areas (e.g., the new secondary clarifier). Some structures would be supported by new auger-cast drilled pilings, however pile driving would be minimized. Locations of construction relative to wetlands, water bodies, and the 100-year floodplain are shown on Figure 2 of the Wetland and Wildlife Mitigation Plan (ESA, 2011).

6e. What are the start and end dates for project construction? (month/year) [help] • If the project will be constructed in phases or stages, use JARPA Attachment D to list the start and end dates of each phase or stage.

Start date: ______End date: ______See JARPA Attachment D

6f. Describe the purpose of the project and why you want or need to perform it. [help] In order to allow the City to accommodate its approved population growth and continue to provide reliable wastewater treatment capacity in compliance with discharge permit requirements, the biochemical oxygen demand (BOD) treatment and base hydraulic capacity must be increased at the WWTP. The project will allow the City’s effluent to comply with requirements for maintaining adequate capacity outlined in its National Pollutant Discharge Elimination System (NPDES) permit requirements.

6g. Fair market value of the project, including materials, labor, machine rentals, etc. [help] $47.5 million capital cost (2013 dollars) $36 million construction cost (2013 dollars) 6h. Will any portion of the project receive federal funding? [help] • If yes, list each agency providing funds. Yes No Don’t know

Part 7–Wetlands: Impacts and Mitigation Check here if there are wetlands or wetland buffers on or adjacent to the project area. (If there are none, skip to Part 8.) [help]

7a. Describe how the project has been designed to avoid and minimize adverse impacts to wetlands. [help] Not applicable

JARPA 2010 v1 3/30/2010 Page 7 of 17 The City has considered a “no development alternative” where the proposed WWTP improvements would not be implemented. This alternative was not considered feasible because it would not meet the project’s objective to increase the plant’s BOD treatment capacity and meet permit requirements for WWTP discharge. Based on the BOD capacity requirements identified, the City evaluated liquid stream improvements for primary and secondary treatment. The facilities planning analysis evaluated the alternatives based on a “Triple Bottom Line Plus Technical” (TBL+) approach that considers economic, social, technical, and environmental impacts of process selection. Using this approach, the City incorporated its stewardship values through an audit procedure to select key unit processes and facility design. Each alternative was developed and evaluated based on the current NPDES permit limits with weight given to potential future permit considerations. Based on the TBL+ evaluation and the design criteria established, the City selected the best overall alternative. To minimize the environmental impact, the team refined the site layout to reduce the impact on sensitive areas directly south of the existing activated sludge basins. The City has taken steps to avoid and minimize wetland impacts through design and placement of the proposed WWTP structures. New structures would be located adjacent to the existing developed portion of the site and would be the minimum size necessary to accomplish the project’s objectives. Construction of the new secondary clarifier would account for most of the project’s unavoidable wetland impacts. 7b. Will the project impact wetlands? [help] Yes No Don’t know 7c. Will the project impact wetland buffers? [help] Yes No Don’t know 7d. Has a wetland delineation report been prepared? [help] • If yes, submit the report, including data sheets, with the JARPA package. Yes No 7e. Have the wetlands been rated using the Western Washington or Eastern Washington Wetland Rating System? [help] • If yes, submit the wetland rating forms and figures with the JARPA package. Yes No Don’t know 7f. Have you prepared a mitigation plan to compensate for any adverse impacts to wetlands? [help] • If yes, submit the plan with the JARPA package and answer 7g. • If No, or Not applicable, explain below why a mitigation plan should not be required. Yes No Not applicable

7g. Summarize what the mitigation plan is meant to accomplish, and describe how a watershed approach was used to design the plan. [help] Unavoidable wetland impacts (Sheets 2 – 4) would be mitigated through onsite wetland creation (Sheet 5). The goals of wetland creation are to: o Create 11,255 square feet of estuarine wetland adjacent to Post Point lagoon as compensatory mitigation for 6,514 square feet of permanent impact to palustrine emergent wetland (Wetlands A, B, and G). This provides for a 1.7:1 mitigation ratio. o Provide a net improvement in the wildlife functions of onsite wetlands by increasing the area of estuarine habitat adjacent to Post Point lagoon. o Provide for permanent protection of the wetland creation area and the entire Post Point lagoon through permanent fencing and signs. Unavoidable buffer impacts would be mitigated through enhancement of the remaining portion of Wetland A (Sheet 7). The goals of the wetland enhancement project are to: o Provide 37,856 square feet of wetland enhancement as compensatory mitigation for 7,019 square

JARPA 2010 v1 3/30/2010 Page 8 of 17 feet of permanent impact to the buffer of Wetland A. o Increase woody vegetation in Wetland A to help screen the new secondary clarifier from the great blue heron nesting colony to the southwest. o Provide a net increase of scrub-shrub habitat at the site, thereby increasing foraging, nesting, and shelter opportunities for wildlife. It should be noted that the City is taking a protective, phased approach to re-constructing the trail that will be displaced by the new clarifier building. There are two scenarios that could enable construction of a portion of this replacement trail through Wetland A: 1) if herons abandon the nests and do not return for 10 years; in this case the trail might be reconstructed after the 10 years; 2) if the herons thrive following the WWTP expansion and it appears that they are not affected by the construction and increased activity; in this case the trail could be reconstructed in the next 2 or 3 years. Use of a Watershed Approach to Mitigation: The mitigation project is designed to increase the amount of estuarine wetland habitat in the watershed. This type of wetland is in short supply in Puget Sound, and it provides critical habitat functions for salmonids, great blue heron, and other species known to use the project area. The wetlands that would be impacted by the project are palustrine, Category IV slope wetlands that provide a low level of functions and are a relatively common type of wetland in the watershed. Overall, the mitigation project would result in a net increase in wetland functions in the watershed, particularly for estuarine- dependent wildlife and fish species. 7h. Use the table below to list the type and rating of each wetland impacted; the extent and duration of the impact; and the type and amount of mitigation proposed. Or if you are submitting a mitigation plan with a similar table, you can state (below) where we can find this information in the plan. [help] Activity (fill, Wetland Wetland Impact Duration Proposed Wetland drain, excavate, Name1 type and area (sq. of impact3 mitigation mitigation area flood, etc.) rating ft. or type4 (sq. ft. or category2 Acres) acres)

New secondary clarifier A palustrine, 3,965 sf Perm. C (Sheets 2 and 4) emergent/scrub- shrub, seasonally flooded/ saturated, slope Category IV Relocated trail (if A Same as above 1,286 sf Perm. C constructed) (Sheets 2 and 4) New secondary clarifier B palustrine, 952 sf Perm. C (Sheets 2 and 4) emergent, saturated, slope Category IV Excavate - New G palustrine 311 sf Perm. C Activated Sludge Basin emergent, 4 (future phase) saturated (Sheet 3) Category IV TOTAL 6,514 SF 11,255 SF 1 If no official name for the wetland exists, create a unique name (such as “Wetland 1”). The name should be consistent with other project documents, such as a wetland delineation report. 2 Ecology wetland category based on current Western Washington or Eastern Washington Wetland Rating System. Provide the wetland rating forms with the JARPA package. 3 Indicate the days, months or years the wetland will be measurably impacted by the activity. Enter “permanent” if applicable. 4 Creation (C), Re-establishment/Rehabilitation (R), Enhancement (E), Preservation (P), Mitigation Bank/In-lieu fee (B) Page number(s) for similar information in the mitigation plan, if available: pages 8 and 9 7i. For all filling activities identified in 7h., describe the source and nature of the fill material, the amount in cubic yards that will be used, and how and where it will be placed into the wetland. [help] Should the City decide to reconstruct the trail adjacent to the new secondary clarifier in the future, approximately 56 cubic yards of trail surfacing material (gravel) would be placed in Wetland A. Fill would be imported from a local commercial source and placed using heavy equipment such as a front-end loader.

JARPA 2010 v1 3/30/2010 Page 9 of 17 7j. For all excavating activities identified in 7h., describe the excavation method, type and amount of material in cubic yards you will remove, and where the material will be disposed. [help] In order to construct the new secondary clarifier and future activated sludge basin, approximately 2,300 cubic yards of soil would be removed from wetlands using an excavator and displaced during placement of pilings. This material would be trucked offsite for disposed at a licensed facility.

Part 8–Waterbodies (other than wetlands): Impacts and Mitigation In Part 8, “waterbodies” refers to non-wetland waterbodies. (See Part 7 for information related to wetlands.) [help] Check here if there are waterbodies on or adjacent to the project area. (If there are none, skip to Part 9.)

8a. Describe how the project is designed to avoid and minimize adverse impacts to the aquatic environment. [help] Not applicable

JARPA 2010 v1 3/30/2010 Page 10 of 17

Construction BMPs Construction would occur near an onsite stream and Post Point lagoon. As with any large construction project, measures would be required to prevent erosion of exposed soils and sedimentation, as well as accidental spills of petroleum products or other construction materials that could enter waterbodies. The following measures, at a minimum, will be used during construction to avoid and minimize impacts to waterbodies: o The project will comply with City of Bellingham requirements for clearing, grading, and stormwater drainage. o The City will obtain a National Pollutant Discharge Elimination System (NPDES) Construction Permit from Washington Department of Ecology (Ecology) for the project. o Contractors will be required to use standard construction best management practices to minimize erosion and reduce the potential for spills of hazardous materials (fuels, hydraulic fluids, concrete, etc.). o Contractors will be required to have a Stormwater Pollution Prevention Plan (SWPPP), Temporary Erosion and Sediment Control (TESC) Plan, and Spill Prevention, Control, and Countermeasures Plan approved by the City and Ecology. o Any groundwater pumped from excavation areas will be treated before discharge to water bodies. In addition, several measures will be implemented to protect water quality in Post Point lagoon during construction of the wetland creation area. This work will follow the timing windows established by the Corps and WDFW for marine and estuarine fish species. Best management practices (BMPs) will be used during excavation and grading of the wetland creation area, to avoid and minimize erosion, sedimentation, and release of hazardous materials to the lagoon. Work below the mean higher high water line will be completed during low tide. Measures such as silt fencing or sediment curtains will be installed prior to the beginning of work. The City will apply for a Hydraulic Project Approval (HPA) for the in-water work from the WDFW, and will comply with any additional BMPs specified in that permit.

Post-Construction Stormwater Management The Post Point WWTP project would comply with the 2005 Stormwater Management Manual for Western Washington. The project would add approximately one acre of impervious surface to the site and increase stormwater runoff from the site by approximately 0.3 cubic feet per second for the 100-year storm event. Stormwater from developed portions of the site will be collected by catch basins and conveyed through underground piping to the existing discharge point in the stream. Because the Post Point lagoon currently receives stormwater from the site, it is not anticipated that the additional stormwater runoff will impact the hydrologic condition, hydrophytic vegetation, or substrate characteristics of the lagoon.

The square footage of new impervious surface does not meet the threshold criteria for additional treatment and the City has determined that the pavement isn’t a pollutant generating source (lack of traffic).

8b. Will your project impact a waterbody or the area around a waterbody? [help] Yes No 8c. Have you prepared a mitigation plan to compensate for the project’s adverse impacts to non-wetland waterbodies? [help] • If yes, submit the plan with the JARPA package and answer 8d. • If No, or Not applicable, explain below why a mitigation plan should not be required. Yes No Not applicable

JARPA 2010 v1 3/30/2010 Page 11 of 17 Mitigation plan is attached.

8d. Summarize what the mitigation plan is meant to accomplish. Describe how a watershed approach was used to design the plan. • If you already completed 7g., you do not need to restate your answer here. [help]

Potential impacts to onsite water bodies (a Type 3 stream and Post Point Lagoon) would be temporary during construction. Measures to avoid and minimize construction impacts are described in item 8a.

8e. Summarize impact(s) to each waterbody in the table below. [help] Activity (clear, Waterbody Impact Duration of Amount of material Area (sq. ft. or dredge, fill, pile name1 location2 impact3 to be placed in or linear ft.) of drive, etc.) removed from waterbody waterbody directly affected Excavation to Post Point Shoreline Permanent No in-water work Excavation will create estuarine Lagoon adjacent to within lagoon. occur in uplands wetland lagoon, along approx. partially 100 LF of within shoreline, from 100-year approx. 13 feet floodplain above MLLW (Sheet 5) down to approx. 5 feet above MLLW. Temporary Type 3 Location of 2 – 3 Existing wooden Approx. 20 LF of equipment stream that existing weeks for footbridge to be stream banks. crossing to drains to footbridge temporary permanently removed. provide Post Point (Sheet 5) crossing Temporary bridged equipment Lagoon [confirm crossing installed for access to with equipment access; wetland creation engineers; will likely consist of area is this steel I-beams adequate supporting heavy given low metal plates. Hog fuel tide to be placed restrictions temporarily on stream on work] banks to provide a ramp up to the metal plate surface. [engineers, please confirm this is adequate to support equipment]

JARPA 2010 v1 3/30/2010 Page 12 of 17 Grading for Type 3 Approx. 30 Up to 30 No work directly in None. installation of stream that feet away months stream. new WWTP drains to from stream facilities Post Point at closest Lagoon point (raingarden; Figure 3 of Wetland- Wildlife Mitigation Plan) 1 If no official name for the waterbody exists, create a unique name (such as “Stream 1”) The name should be consistent with other documents provided. 2 Indicate whether the impact will occur in or adjacent to the waterbody. If adjacent, provide the distance between the impact and the waterbody and indicate whether the impact will occur within the 100-year flood plain. 3 Indicate the days, months or years the waterbody will be measurably impacted by the work. Enter “permanent” if applicable. 8f. For all activities identified in 8e., describe the source and nature of the fill material, amount (in cubic yards) you will use, and how and where it will be placed into the waterbody. [help] No fill will be placed in onsite water bodies.

8g. For all excavating or dredging activities identified in 8e., describe the method for excavating or dredging, type and amount of material you will remove, and where the material will be disposed. [help] Material will be dredged from uplands on the shoreline adjacent to Post Point lagoon (Wetland K) to create 11,163 square feet of estuarine wetland for mitigation. Approximately 2,165 cubic yards of material will be removed; this material will include gravel trail surfacing, native upland soils, and potentially fill material. This material will be disposed of offsite at a licensed facility.

JARPA 2010 v1 3/30/2010 Page 13 of 17 Part 9–Additional Information Any additional information you can provide helps the reviewer(s) understand your project. Complete as much of this section as you can. It is ok if you cannot answer a question. 9a. If you have already worked with any government agencies on this project, list them below. [help]

Agency Name Contact Name Phone Most Recent Date of Contact

City of Bellingham Kim Weil (360) 778-8356 February 2011 Planning Department

Washington Department Jennifer Bohannon (360) 466-4345 October 2010 of Fish and Wildlife

Washington Department Steve Hood (360) 715-5211 March 2011 of Ecology 9b. Are any of the wetlands or waterbodies identified in Part 7 or Part 8 on the Washington Department of Ecology’s 303(d) List? [help] • If yes, list the parameter(s) below. • If you don’t know, use Washington Department of Ecology’s Water Quality Assessment tools at: http://www.ecy.wa.gov/programs/wq/303d/. Yes No No onsite water bodies are listed. Post Point Lagoon connects to Bellingham Bay. Inner Bellingham Bay has a Category 5 listing for contaminated sediment (PAH). Outer Bellingham Bay is Category 5 for dissolved oxygen.

9c. What U.S. Geological Survey Hydrological Unit Code (HUC) is the project in? [help] • Go to http://cfpub.epa.gov/surf/locate/index.cfm to help identify the HUC. 17110002

9d. What Water Resource Inventory Area Number (WRIA #) is the project in? [help] • Go to http://www.ecy.wa.gov/services/gis/maps/wria/wria.htm to find the WRIA #.

WRIA 1

9e. Will the in-water construction work comply with the State of Washington water quality standards for turbidity? [help] • Go to http://www.ecy.wa.gov/programs/wq/swqs/criteria.html for the standards.

Yes No Not applicable 9f. If the project is within the jurisdiction of the Shoreline Management Act, what is the local shoreline environment designation? [help] • If you don’t know, contact the local planning department. • For more information, go to: http://www.ecy.wa.gov/programs/sea/sma/laws_rules/173-26/211_designations.html. Rural Urban Natural Aquatic Conservancy Other

JARPA 2010 v1 3/30/2010 Page 14 of 17 9g. What is the Washington Department of Natural Resources Water Type? [help] • Go to http://www.dnr.wa.gov/BusinessPermits/Topics/ForestPracticesApplications/Pages/fp_watertyping.aspx for the Forest Practices Water Typing System.

Shoreline Fish Non-Fish Perennial Non-Fish Seasonal

9h. Will this project be designed to meet the Washington Department of Ecology’s most current stormwater manual? [help] • If no, provide the name of the manual your project is designed to meet. Yes No 2005 Stormwater Management Manual for Western Washington

9i. If you know what the property was used for in the past, describe below. [help] Construction of the Inner Harbor railroad line in the 1920s created Post Point Lagoon by bridging across a portion of Bellingham Bay. The area was used for iron and brick works and fish canneries during the late 1800s and early 1900s. See the attached archaeological report (Moreno, 2011) for details.

9j. Has a cultural resource (archaeological) survey been performed on the project area? [help] • If yes, attach it to your JARPA package. Yes No 9k. Name each species listed under the federal Endangered Species Act that occurs in the vicinity of the project area or might be affected by the proposed work. [help] Bull trout Chinook salmon Steelhead Yelloweye rockfish Canary rockfish Bocaccio rockfish Green sturgeon Humpback whale Southern Resident killer whale Steller sea lion Marbled murrelet 9l. Name each species or habitat on the Washington Department of Fish and Wildlife’s Priority Habitats and Species List that might be affected by the proposed work. [help] Bald eagle Great blue heron

JARPA 2010 v1 3/30/2010 Page 15 of 17 Part 10–SEPA Compliance and Permits Use the resources and checklist below to identify the permits you are applying for. • Online Project Questionnaire at http://apps.ecy.wa.gov/opas/. • Governor’s Office of Regulatory Assistance at (800) 917-0043 or [email protected]. • For a list of agency addresses to send your application, click on the “where to send your completed JARPA” at http://www.epermitting.wa.gov.

10a. Compliance with the State Environmental Policy Act (SEPA). (Check all that apply.) [help] • For more information about SEPA, go to www.ecy.wa.gov/programs/sea/sepa/e-review.html. A copy of the SEPA determination or letter of exemption is included with this application.

A SEPA determination is pending with City of Bellingham (lead agency). The expected decision date is Summer 2011. I am applying for a Fish Habitat Enhancement Exemption. (Check the box below in 10b.) [help]

This project is exempt (choose type of exemption below). Categorical Exemption. Under what section of the SEPA administrative code (WAC) is it exempt?

Other: SEPA is pre-empted by federal law.

10b. Indicate the permits you are applying for. (Check all that apply.) [help] LOCAL GOVERNMENT Local Government Shoreline permits: Substantial Development Conditional Use Variance Shoreline Exemption Type (explain):

Other city/county permits: Floodplain Development Permit Critical Areas Ordinance

STATE GOVERNMENT Washington Department of Fish and Wildlife: Hydraulic Project Approval (HPA) Fish Habitat Enhancement Exemption

Washington Department of Ecology: Section 401 Water Quality Certification

Washington Department of Natural Resources: Aquatic Resources Use Authorization

FEDERAL GOVERNMENT United States Department of the Army permits (U.S. Army Corps of Engineers): Section 404 (discharges into waters of the U.S.) Section 10 (work in navigable waters)

United States Coast Guard permits: General Bridge Act Permit Private Aids to Navigation (for non-bridge projects)

JARPA 2010 v1 3/30/2010 Page 16 of 17 Part 11-Authorizing Signatures Signatures are required before submitting the JARPA package. The JARPA package includes the JARPA form, project plans, photos, etc. (b.ruQ]

11a. Applicant Signature (required) ~

I certify that to the best of my knowledge and belief, the infonnation provided in this application is true, complete, and accurate. I also certify that I have the authority to carry out the proposed activities, and I agree to start work only after I have received all necessary pennits.

I hereby auth~he agent named in Part 3 of this application to act on my behalf in matters related to this application. (initial)

By initialing here, I state that I have the authority to grant access to the property. I also give my consent to the pennitting agencies ente~ property where the project is located to inspect the project site or any work related to the project. ~ (Initial) /J /j fu,-, ... ,/r4f:_f'!! R/J!& !!I j ,s;of!t ApplicanfPrinted RDuf:~ Name 1 Applica~ature~ .....D~at_e__..______

11 b. Authorized Agent Signature lM!J2l

I certify that to the best of my knowledge and belief, the infonnation provided in this application is true, complete, and accurate. I also certify that I have the authority to carry out the proposed activities and I agree to start work only after all necessary pennits have been Issued.

Authorized Agent Printed Name

11 c. Property Owner Signature (if not applicant). llJ§!Q] Not required if project is on existing rights-of~ way or easements.

I consent to the pennitting agencies entering the property where the project is located to inspect the project site or any work. These inspections shall occur at reasonable times and, if practical, with prior notice to the landowner.

Property ~er Printed Name Property OWner Signature Date

18 U.S.C §1001 provides that: Whoever, In any manner within the jurisdiction of any department or agency of the United States knowingly falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious, or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious, or fraudulent statement or entry, shall be fined not more than $10,000 or Imprisoned not more than 5 years or both.

If you require this document in another format. contact The Governor's Office of Regulatory Assistance (ORA). People with hearing loss can call 711 for Washington Relay Service. People with a speech disability can call (Bn) 833-6341 . ORA publication number: ENV-019-09

JAR PA 2010 v1 3/30/2010 Page 16 of16

Bellingham WHATCOM Project Location

¨¦§5 Seattle Ta c o m a Olympia

BELLINGHAM

BELLINGHAM BAY

Post Point Wastewater Treatment Plant

¨¦§5

Legend

Project Location Streams

Major Roads CHUCKANUT 00.51 BAY City Limits o Miles FILE NAME: Sheet01_Vicinity.ai / REF #210403 FILE NAME: Sheet01_Vicinity.ai 05/20/11 LAST UPDATED: JAB / DATE BY: CREATED

PURPOSE: VICINITY MAP PROPOSED: Post Point WWTP DATUM: NAVD 88 Improvements NAME: IN: Section 2 and 11; T37N-R2E REFERENCE #: COUNTY: Whatcom STATE: WA SITE LOCATION ADDRESS: SHEET: 1 of 9 200 Mackenzie Avenue, DATE: May 2011 Bellingham, WA

' ~' . ~ '

N ,,.,, .,, Feet LEGEND ™ Filled Wetland- 6,203 sf Figure2

PURPOSE: Mitigate impacts of constructing new PROPOSED: Post Point WWTP Improvements WWTP facilities. NAME: Wetland Impacts - Plan View­ IN: Section; Township; Range. Wetlands A and B DATUM: NAVO 88 Section 2 and 11 T37N- R2E COUNTY: Whatcom STATE: WA REFERENCE#: SITE LOCATION ADDRESS: SHEET: 2 of9 200 McKenzie Avenue, Bellingham, WA DATE: June 2011 \ l a. ~ \ ~//~//, I j' '~?#~&,,,,,~//~//"~////_ //////~'W////////,IL$'////A ... • ~\ \ II \ \ \ \ ~1~1, \\ \, ~ ' / ' A ~o ® \\ \ ~ ··,·. .. ~....~ ~ ' <.,_ .------:0: \ ~ .-- --....: - - ,, --- "'-- \ .. - "\__ "Acti vated- - - -; ' , ' ,:" ""'-::::::::: ' ~-~ .; - ~ .... - - ~·-· ; ----"'- \~~- .- · ---S'."!o...I ~ge'Bllsi rf' , ·-~--;0 ' .a.---1>-;-, , , -:.~=...... __ --' \ ',,- -~ Uu' - B " , -=.., -~ ---- ~ ' ~ -.,, ~ '. ~ . }., • ------0 o a a 0 0 0 , o " \ · ~ - .·_·.·. - - ·::·~------; ' 0 • ~ ---- ...... :~',~ \ ' \...._, ~ -.;;;;;_ - / 0 0 0 .J "'°"~' \ \ >' •..., -' dG '...... ~,,. "I ~ ..· ·' ~-- Wetlan ~--- · ------"-- , -...... ,'s ~''" '\\ \ I -- ~r-.... __-- · '<~~~\ ) /~\~ .. -- N ' •r- ,,. ~~....._'\..~~ ·~~ ~t ,._,,,,, ~ ~---- ··: ~ .: .. '. . LEGEND 311 sf ~-=-.;;s.""< . ~c" ..... ,,..--.. _ _ --~ """"", "'- ~ FilledWeUand- '-~'i: ··..,. "'-"- ~~\--~~.::::"~~::::;.·-=::-::::-::. ~- IL~...... - \ . "~ -~ ~ "'"- Figure 3

PURPOSE: To mitigate impacts of constructing new SHEET TITLE PROPOSED: Post Point WINTP Improvements WWTP facilities NAME: Wetland Impacts - Plan View - IN: Section; Township; Range. Wetland G DATUM: NAVO 88 Section 2 and 11 T37N- R2E COUNTY: Whatcom STATE: WA REFERENCE#: SITE LOCATION ADDRESS: SHEET: 3 of9 200 McKenzie Avenue, Bellingham, WA DATE: June 2011 8 _=::Cliiifier_ clarifier_-._~ -=- _ ====~ B•'::2s· i 30' c

g ~ I 1fi:JL ~~ ~

c_anaem 9 715 ,. I • Piers mm Feet Section B-B" Wetland A and B

Figura4

PURPOSE: Mitigate impacts of constructing new SHEET TITLE PROPOSED: Post Point WINTP Improvements WWTP facilities. NAME: Wetland Impacts - Section View IN: Section; Township; Range. DATUM: NAVO 88 Section 2 and 11 T37N- R2E REFERENCE#: COUNTY: Whatcom STATE: WA SITE LOCATION ADDRESS: 200 McKenzie Avenue, Bellingham, WA SHEET: 4 of9 DATE: June 2011 LEGEND Wetland Creation / / ~ 11,255sf / ~------... Existing Fence to be/ Existing Lagoon / ~Removed Existing Gravel Path to be Removed 10 - Existing Contour l__.-9___...,.. Proposed Contour

I 11/f 1/lf7 ~II\.~/ II/I 1:'' Rail,rbad £1~ J Triic1<&7# ....i I

/J~~ '//' "J-q.. . , LIII J~ 'l\l~l 'k·/)ll·. 10 --x-~ ,t~,L -- \'\~1 -- // ..-.1 Cl 0 1 pr~-/ ..-,,,,...----..... ~,~...... , \a. . .,,,_. ···''''' i· + .. ··. ~·.· ~~~..·.· ..... , AsS.. ::: :·::: i''''"~· Existing Woody Debris I } ~\ \ \.- ~----,&'"~' ::::·' ~/ ;;,:;-r,;~--. • ..,,,,,,.. to be Relocated w/in I II __,,,~• .•.,.. ,, .. . , ..... ··.·::·:·"C~ :C "·'' ~""" ~ I ..,,,,,,.. ~~ ,-----~~ ...... ~--- ·"·:· ..·:·;;..-; . ~ -~____.J!., _, __:::;:- ....., l -~~-- Existing Wood Fence Existing Gravel Path ? 1e f • to be Removed to be Removed N Feet Figura 5 PURPOSE: Create wetland to mitigate impacts of SHEET TITLE PROPOSED: Post Point WINTP Improvements constructing new WINTP facilities NAME: Wetland Creation Plan View IN: Section; Township; Range. REFERENCE#: DATUM: NAVO 88 Sections 2 and 11 T37N- R2E SITE LOCATION ADDRESS: MHHW= 8.03 FT. COUNTY: Whatcom STATE: WA 200 McKenzie Avenue, Bellingham, WA SHEET: 5 of9 DATE: June 2011 A' A ~ c: _J 15 a:< ,_ .. 'la> " > 13 -...... !!! .8 11 ..... UJ '" '\ I HHW- 9 '~ TO.U.J . =~ ~ - 7 "' 130 120 100 80 60 40 20 " Distance from Baseline ( ftJ

H. Scale: 1 "= 20' V. Scale: 1"= 10' Figure 6

PURPOSE: Create wetland to mitigate impacts of SHEET TITLE PROPOSED: Post Point WWTP Improvements constructing new WWTP facilities NAME: Wetland Creation - Section View IN: Section; Township; Range. DATUM: NAVO 88 Sections 2 and 11 T37N- R2E REFERENCE#: MHHW= 8.03 FT. COUNTY: Whatcom STATE: WA SITE LOCATION ADDRESS: 200 McKenzie Avenue, Bellingham, WA SHEET: 6 of9 DATE: June 2011 N

LEGEND

~...... Low Plantings Adjacent to Trail 3,045 sf Plantings Minimum 6' From Trail 34,811 sf _ , Figure 7 PURPOSE: Enhance Wetland to mitigate impacts of SHEET TITLE' PROPOSED: Post Point WWTP Improvements constructing new WWTP facilities NAME: Plantlng Plan Wetland A IN: Section; Township; Range. Enhancement DATUM: NAVO 88 Section 2 and 11 T37N- R2E COUNTY: Whatcom STATE: WA REFERENCE#: SITE LOCATION ADDRESS: SHEET: 7 of9 200 McKenzie Avenue, Bellingham, WA DATE: June 2011 LEGEND

Saltmarsh 11,255 sf / EXiOtXJOI / / V//~ Beach Meadow 11,937 sf v"v"vvvvvl Shrub Shoreline 8,551 sf

I

sa1tma~h-,

Shrub shoreline

Feet Figure B

PURPOSE: Create wetland to mitigate impacts of SHEET TITLE PROPOSED: Post Point WWTP Improvements constructing new WWTP facilities NAME: Planting Plan - Wetland IN: Section; Township; Range. Creation Area. DATUM: NAVO 88 Sections 2 and 11 T37N- R2E MHHW= 8.03 FT. COUNTY: Whatcom STATE: WA REFERENCE#: SITE LOCATION ADDRESS: SHEET: 8 of9 200 McKenzie Avenue, Bellingham, WA DATE: June 2011 Wetland Creation Area Shrub Shoreline Wetland A Enhancement Salt Marsh: Includes underseeding with the Low planrings within 5' of trail: Carex lynbyei (Lyngby's Sedge) Beach Meadow mix Carex pachystachaya ( Chamisso Distichlis spicata (Saltgrass) Arctostaphylos uva-ursi Sedge) Plantago maritime (Goose (!Gnnikinnick) Carex mertensii (Mertens Sedge) Tongue) Gaultheria shallon (Salal) Carex lenticularis (Lakeshore Potentilla pacifica (Pacific Amelanchier alnifolia Sedge) Silverweed) (Saskatoon) Carex echinata (Star Sedge) Angelica lucida (Seawatch Corylus cornuta v. californica Juncus effussu (Soft Rush) Angelica) (Beaked Hazelnut) Juncus tenuis (Slender Rush) Aster subspicatus (Douglas Rosa nutkana (Nootka Rose) Sisyrinchium idahoense (Western Aster) Ribes lacustre (Swamp Blue Eyed Grass) Deschampsia caespitosa (Tufted Gooseberry) Stachys pilosa (Marsh Hedge Hairgrass) Ribes sanguineum (Red Nettle) Juncus gerardii (Mud Rush) Flowering Currant) Camassia quamash (Common Triglochin maritimum (Seaside Symphoricarpos alb us (Common Camas) Arrowgrass) Snowberry) Athyrium filix-femina (Lady Fern) Striplex patula Oemleria cerasiformis (Indian Shrubs and Trees minimum 5' Grindelia integrilolia (Gumweed) Plum) distance away £tom trail (includes Sambucus racemosa (Red low planrings): Beach Meadow Elderberry) Cornus sericea (Red Twig Elymus mollis (Dune Wild Rye) Salix sitchensis (Sitka Willow) Dogwood) Lupinus littoralis (Seashore Salix scouleriana (Scouler's Lonicera involucrata (Black Lupine) Willow) Twinberry) Carex macrocephylla Prunus emarginata (Bitter Spirea douglasii (Hardback (Large-Headed Sedge) Cherry) Spirea) Ambrosia chamissonis (Silver Bur Malus fusca (Pacific Crabapple) Rosa nutkana (Nootka Rose) Weed) Rhamnus purshiana (Cascara) Ribes divarictum (Black Lathyrus japonica (Beach Pea) Lonicera involucrate (Black Gooseberry) Plantago maritime (Seaside Twinberry) Ribes lacustre (Swamp Plantain) Quercus garryana (Garry Oak) Gooseberry) Aster subspicatus (Douglas Pinus contotta v. contotta (Shore Crataegus columbiana (Columbia Aster) Pine) Hawthorne) Delphinium menziesii (Menzies Calocedrus decurrens (Incense Rhamnus purshiana (Cascara) Larkspur) Cedar) Fraxinus latifolia (Oregon Ash) Allium acuminatum (Hookers Acer glabrum v. Douglasii Onion) (Douglas Maple) Camassia leichtlinii (Greater Salix hookeriana (Hooker Willow Camas) Salix sitchensis (Sitka Willow)

PURPOSE: Mitigate impacts SHEET TITLE PROPOSED: Post Point of constructing new WWTP WWTP Improvements facilities NAME:Shoreline Areas Plant List IN: Section 2 and 11 ; Township 37N; Range 2E DATUM: NAVD 88 REFERENCE#: County: Whatcom SITE LOCATION ADDRESS: STATE: WA 200 McKenzie Avenue, Bellingham, WA SHEET: 9 of9 DATE: June 2011 AGENCY USE ONLY 2 0 1 0

WASHINGTON STATE Date received:

Joint Aquatic Resources Permit Application (JARPA) Form [help] Agency reference #: Tax Parcel #(s): JARPA Attachment C:

TO BE COMPLETED BY APPLICANT [help] Contact information for adjoining

property owners. [help] Project Name: Post Point WWTP Location Name (if applicable): Bellingham, Use this attachment only if you have more than four adjoining WA property owners.

Use black or blue ink to enter answers in white spaces below. 5h. Contact information for all adjoining property owners. [help]

Name Mailing Address Tax Parcel # (if known) City of Bellingham 210 Lottie Street 370202452038 Bellingham WA 98225 Carol J Abraham-Snowball PO Box 4288 370211327504 Bellingham WA 98227 Stanley J & Diane I Nelson 24 Shorewood Drive 370211333516 Bellingham WA 98225 A Herbert & Billee J Ershig 22 Shorewood Drive 370211343526 Bellingham WA 98225 Roger Salin 1131 SW Klickitat Way 370211370530 Seattle WA 98134 Monika & Avtar Mahal 6 Shorewood Drive 370211388506 Bellingham WA 98225 Monika R Mahal 6 Shorewood Drive 370211398504 Bellingham WA 98225

If you require this document in another format, contact The Governor’s Office of Regulatory Assistance (ORA). People with hearing loss can call 711 for Washington Relay Service. People with a speech disability can call (877) 833-6341. ORA publication number: ENV-022-09

JARPA Attachment C v1 04/07/2010 Page 1 of 1

AGENCY USE ONLY 2 0 1 0

WASHINGTON STATE Date received:

Joint Aquatic Resources Permit Application (JARPA) Form [help] Agency reference #: Tax Parcel #(s): JARPA Attachment D:

[help] TO BE COMPLETED BY APPLICANT [help] Construction sequence

Use this attachment only if your project will be constructed in phases Project Name: Post Point WWTP or stages. Complete the outline showing the construction sequence and timing of activities, including the start and end dates of each phase or stage. Use black or blue ink to enter answers in white spaces below. Phase or Start Date End Date Activity Description Stage March 2012 June 2014 Chemically Enhanced Primary Treatment (CEPT) facility; Selector Basin; Activated Sludge Basin 1; 1 Blower Building; upgrades to primary effluent pump station; RAS/WAS pump station; splitter box.

Unknown 2027 Activated Sludge Basin No. 4

2

Unknown Unknown Possible reconstruction of trail through Wetland A, replacing trail eliminated by construction of clarifier. Trail may potentially be reconstructed, depending 3 upon heron colony reaction to WWTP improvement activities.

If you require this document in another format, contact The Governor’s Office of Regulatory Assistance (ORA). People with hearing loss can call 711 for Washington Relay Service. People with a speech disability can call (877) 833-6341. ORA publication number: ENV-023-09

JARPA Attachment D v1 04/07/2010 Page 1 of 1