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20130331 DOE Cmt Ltr 10252013 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47775 Olympia, Washington 98504-7775 (360) 407-6300 711 for Washington Relay Service Persons with a speech disability can call 877-833-6341 October 25, 2013 Tami Merriman, Associate Planner City of Yelm Community Development Department 105 Yelm Avenue West Yelm, WA 98597 Dear Ms. Merriman: Thank you for the opportunity to comment on the prethreshold consultationfor the Weber Property Flood Plain Relocation projectlocated on Rhoton Road Southeastas proposed by Randy Weber.The Department of Ecology (Ecology) reviewed the environmental checklist and has the following comment(s): FLOODPLAINS MANAGEMENT: Donovan Gray (360) 407-7253 Work in a 100yr floodplain requires a floodplain development permit. The site is adjacent to the floodway of Yelm Creek. Work within a floodway will require a floodway (aka ‘no- rise’) analysis to demonstrate no rise in the base flood elevation. Watercourse alteration notification and maintenance requirementsmay apply under 44 CFR 60.3(b)(6). If significant changes to the existing flood regime as shown on the effect Flood Insurance Rate Maps (FIRMs) are anticipated the proponent must inform the Federal Emergency Management Agency (FEMA) of the changes no later than 6 months from when this information becomes available. This is usually done through the Letter of Map Revision (LOMR) process. The proponent should note that under the FEMA/National Marine Fisheries Service (NMFS) Biological Opinion the only allowable mitigation for impacts to ESA listed species in the Protected Area is avoidance. TOXICS CLEANUP: Mohsen Kourehdar (360) 407-6256 If contamination is suspected, discovered, or occurs during the proposed SEPA action, testing of the potentially contaminated media must be conducted. If contamination of soil or groundwater is readily apparent, or is revealed by testing, Ecology must be notified. Contact the Environmental Report Tracking System Coordinator at the Southwest Regional Office (SWRO)at (360) 407-6300. For assistance and information about subsequent cleanup and to identify the type of testing that will be required, contact Mohsen Kourehdar with the SWRO, Toxic Cleanup Program at the phone number given above. SEPA REVIEWER: Sonia Mendoza WATER QUALITY CONTACT: Deborah Cornett (360) 407-7269 Erosion control measures must be in place prior to any clearing, grading, or construction. These control measures must be effective to prevent stormwater runoff from carrying soil October 25, 2013 Page 2 and other pollutants into surface water or stormdrains that lead to waters of the state. Sand, silt, clay particles, and soil will damage aquatic habitat and are considered to be pollutants. Any discharge of sediment-laden runoff or other pollutants to waters of the state is in violation of Chapter 90.48 RCW, Water Pollution Control, and WAC 173-201A, Water Quality Standards for Surface Waters of the State of Washington, and is subject to enforcement action. Proper disposal of construction debris must be on land in such a manner that debris cannot enter water of the state (e.g., Yelm Creek) and stormdrains draining to waters of the state or cause water quality degradation of state waters. Clearing limits and/or any easements or required buffers should be identified and marked in the field, prior to the start of any clearing, grading, or construction. Some suggested methods are staking and flagging or high visibility fencing. A permanent vegetative cover should be established on denuded areas at final grade if they are not otherwise permanently stabilized. Properties adjacent to the site of a land disturbance should be protected from sediment deposition through the use of buffers or other perimeter controls, such as filter fence or sediment basins. All temporary erosion control systems should be designed to contain the runoff from the developed two year, 24-hour design storm without eroding. Provision should be made to minimize the tracking of sediment by construction vehicles onto paved public roads. If sediment is deposited, it should be cleaned every day by shoveling or sweeping. Water cleaning should only be done after the area has been shoveled out or swept. Wash water from paint and wall finishing equipment should be disposed of in a way which will not adversely impact waters of the state. Untreated disposal of this wastewater is a violation of State Water Quality laws and statutes and, as such, would be subject to enforcement action. This project may require a construction stormwater permit (also known as National Pollutant Discharge Elimination System (NPDES) and State Waste Discharge General Permit for Stormwater Discharges Associated with Construction). This permit is required for projects which meet both of the following conditions: 1.One or more acres of soil surface area will be disturbed by construction activities. 2.The site already has offsite discharge to waters of the state or stormdrains or will have offsite discharge during construction. An application with instructions can be downloaded from Ecology's website at: http://www.ecy.wa.gov/programs/wq/stormwater/construction/ -Application. Construction site operators must apply for a permit at least 60 days prior to discharging stormwater. Ecology’s comments are based upon information provided by the lead agency. As such, they may not constitute an exhaustive list of the various authorizations that must be obtained or legal requirements that must be fulfilled in order to carry out the proposed action. October 25, 2013 Page 3 If you have any questions or would like to respond to these comments, please contact the appropriate reviewing staff listed above. Department of Ecology Southwest Regional Office (SM:13-4969) cc:Deborah Cornett, WQ Donovan Gray, SEA Josh Klimek, HQ/WQ Mohsen Kourehdar, TCP Randy Weber (Applicant) Ivana Halvorsen, Barghausen Consulting Engineers, Inc. (Contact)