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HomeMy WebLinkAbout000851 Correspondence \{ 00485'1 C (I ; � '' FR __ FEB 2 CITY O� DEPARTMENT OF ECOL-OGY L PCB Box-17600 e Oly ipia, WA 985704-7600 o 360-407-6000 i 11 for Washinoton Relay Service o Persons with a speech €inability can call 8177-833-6341 February 24, 2015 The Honorable Dan Di Guilio, Mayor City of Port Angeles P.O. Box 1150 Port Angeles, WA 98362 Re: Cross Cutter Report Concurrence: City of Port Angeles CSO Phase 2 Project Dear Mayor Di Guilio: In accordance with RCW 90.50A and Chapter 173-98, the Department of Ecology concurs that the City of Port Angeles CSO Phase 2 Project complies with applicable federal cross cutting requirements. The City of Port Angeles is thereby eligible to finalize the SRF loan agreement for the above referenced project. Any significant changes to the project made after the date of this concurrence may require additional environmental review of the project. Nothing in this concurrence shall be construed as satisfying other applicable federal, state or local statutes, ordinances or regulations. If you have any questions, please contact Dave Dougherty P.E., Project Manager, at (360) 407- 6278 or me at (360) 407-6271. Sin/cerely t Rich Doenge Southwest Region Manager Water Quality Section Enclosure: Cross Cutter checklist cc: Kathryn Neal, P.E., City of Port Angeles Mike Puntenney, P.E., City of Port Angeles I Cross Cutter Checklist DEPARTMENT OF Assistance Applicant: City of Port Angeles ECOLOGY State of Washington Project Title: Port Angeles CSO Phase 2 Check to indicate both which cross cutters the project is in compliance with and the type of documentation used to support compliance. Attach appropriate documentation for final approval. 1. ® Clean Air Act a. ® The project is located outside of a non-attainment or maintenance area. b. ❑ The projects emissions are below the de minimis threshold. c. ❑ The project is exempt from conformity determination. d. ® The project is found to conform with the SIP by the local air authority. • Date of conformity determination 7/7/2014 2. ® Coastal Zone Management Act a. ❑ The project is located outside of coastal zone county. b. ® The project has received a consistency determination from the SEA Program. • Date of Consistency Determination 2/6/2015 3. ® Endangered Species Act a. ® The project has a "No Effect' letter from the EPA. • Date of"No Effect' letter 1%7/2015 b. ❑ Following informal consultation, the project has received letters from NMFS and USFW concurring with a "Not Likely to Adversely Affect' determination. • Date of NMFS concurrence letter • Date of USFWS concurrence letter c. ❑ Following formal consultation, the project has received a Biological Opinion from NMFS and USFW concluding that the project will not jeopardize endangered species. • Date of NMFS Biological Opinion • Date of USFWS Biological Opinion 4. ® Environmental Justice a. ® The project has no environmental or disproportionately distributed effects to minority, low income, or tribal populations in the project area. b. ❑ The assistance recipient provided meaningful opportunity for public comment on the consequences of the project for local groups, with special outreach efforts focused on minority, low-income, and tribal communities. c. ❑ The recipient has included mitigation measures to address disproportionate environmental or human health impacts that would be caused by the project. 5. ® Farmland Protection Policy Act a. ® The project does not convert farmland to nonfarm uses. b. ❑ The project receives a determination from the National Resource Conservation Service that the project does not adversely affect important farmlands. • Date of determination ECY 070-420 (09/11) 1 6. ® Floodplain Management a. ® The project is located outside of the 100 year floodplain. b. ❑ The project has incorporated measures to minimize the risk of flood damage and the assistance recipient provided meaningful opportunity for public comment on the projects effects on the flood plain. 7. ® National Historic Preservation Act a. ❑ The project does not involve any ground disturbing activities or structures greater than 50 years old. b. ® State DAHP and relevant tribes concur that "No Historic Properties are affected" by the project. • Date of concurrence letters 12/1912014 c. ❑ Following formal consultation the project is covered by a MOA between State DAHP and relevant tribes to protect affected historic properties. ® Date of MOA 8. ® Safe Drinking Water Act a. The project is located outside of a sole source drinking aquifer recharge area. b. ® The project does not have a potential to affect ground water supplies. c. ❑ The project has incorporated mitigating measures to protect groundwater supplies to the satisfaction of Ecology and EPA Region 10. ® Date of concurrence letter '.. 9. ® Sustainable Fisheries Act (Essential Fish Habitat) a. ® The project has a "No Adverse Affect" letter from the EPA. b. ❑ Following consultation with NMFS, the project incorporates EFH conservation recommendations. 10. ® Wetland Protection a. ® The project is not located in, nor will it affect a wetland. b. ❑ The project has incorporated measures to minimize the impacts to wetlands acceptable to Ecology, EPA region 10 and USFWS, and the assistance recipient provided meaningful opportunity for public comment on the projects effects on the wetlands. 11. ® Wild and Scenic Rivers Act a. ® The project is not located within the watershed of a designated Wild and Scenic River. b. ❑ The project does not have a direct and adverse effect on a designated or study river. c. ❑ The project has incorporated measures to minimize the impacts to the wild and scenic river acceptable to the US Forest Service. ® Date of concurrence letter Checklist prepared by: 2/17/2015 Ecology Regional Project M" nag r Date If you need this document in a format for the visually impaired, call the Water Quality Program at 360-407-6600. Persons with hearing loss, call 711 for Washington Relay Service. Persons with a speech disability, call 877-833-6341. ECY 070-420 (09/11) 2