HomeMy WebLinkAboutHPA - BLD Permit / Conditions - 10/24/2016 Washington Department of
Fish&Wildlife
HYDRAULIC PROJECT APPROVAL PO Box43234
ra�,w r Olympia,WA 98504-3234
FZSH..a YMBLIFF
(360)902-2200
Issued Date: October 24, 2016 Permit Number: 2016-6-553+01
Project End Date: November 30, 2016 FPA/Public Notice Number: N/A
Application ID: 9451
PERMITTEE AUTHORIZED AGENT OR CONTRACTOR
Dave Bayley
PO Box 337
Union, WA 98592-0337
Project Name: Bayley Piling Replacement
Project Description: Remove of broken off piling in the beach, and installation of new piling in same location. Piling
is being installed to stabilize the southeast corner of the dock.
PROVISIONS
1. This Expedited HPA is for the replacement of a single failed 12" piling in the same footprint of the original with a new
piling no larger than 12". It is issued, with work outside of the normal juvenile salmon and surf smelt timing windows,
with the understanding that the work is necessary to address concerns of further damage to the structure.
NOTIFICATION
2. PRE-AND POST-CONSTRUCTION NOTIFICATION: You, your agent, or contractor must contact the Washington
Department of Fish and Wildlife by e-mail at HPAapplications@dfw.wa.gov; mail to Post Office Box 43234, Olympia,
Washington 98504-3234; or fax to(360)902-2946 at least three business days before starting work, and again within
seven days after completing the work. The notification must include the permittee's name, project location, starting date
for work or date the work was completed, and the permit number.The Washington Department of Fish and Wildlife
may conduct inspections during and after construction; however,the Washington Department of Fish and Wildlife will
notify you or your agent before conducting the inspection.
3. FISH KILL]WATER QUALITY PROBLEM NOTIFICATION: If a fish kill occurs or fish are observed in distress at the
job site, immediately stop all activities causing harm. Immediately notify the Washington Department of Fish and
Wildlife of the problem. If the likely cause of the fish kill or fish distress is related to water quality, also notify the
Washington Military Department Emergency Management Division at 1-800-258-5990.Activities related to the fish kill
or fish distress must not resume until the Washington Department of Fish and Wildlife gives approval. The Washington
Department of Fish and Wildlife may require additional measures to mitigate impacts.
STAGING, JOB SITE ACCESS AND EQUIPMENT
4. Check equipment daily for leaks and complete any required repairs before using the equipment in or near the water.
5. Lubricants composed of biodegradable base oils such as vegetable oils, synthetic esters, and polyalkylene glycols
are recommended for use in equipment operated in or near water.
6. Operate vessels with minimal propulsion power and in adequate water depth to prevent impacts from grounding and
propeller wash to seagrass, kelp, and forage fish spawning beds.
7. Operate vessels with minimal propulsion power to avoid prop scour damage to the bed and marine vegetation
habitats.
8. Operate vessels during tidal elevations that are adequate to prevent grounding of the barge.
9. Restrict vessel operation to tidal elevations adequate to prevent propeller related damage to seagrass and kelp.
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Washington Department of
Fish &Wildlife
HYDRAULIC PROJECT APPROVAL PO Box43234
tia :_.•�-�:r Olympia,WA 98504-3234
FLWa sWROLIFE
(360)902-2200
Issued Date: October 24, 2016 Permit Number: 2016-6-553+01
Project End Date: November 30, 2016 FPA/Public Notice Number: N/A
Application ID: 9451
10. Do not deploy anchors or spuds in seagrass or kelp.
11. Maintain anchor cable tension, set and retrieve anchors vertically, and prevent mooring cables from dragging to
avoid impacts to seagrass and kelp.
CONSTRUCTION-RELATED SEDIMENT, EROSION AND POLLUTION CONTAINMENT
12. Prevent contaminants from the project, such as petroleum products, hydraulic fluid,fresh concrete, sediments,
sediment-laden water, chemicals, or any other toxic or harmful materials,from entering or leaching into waters of the
state.
13. Use tarps or other methods to prevent treated wood, sawdust, trimmings, drill shavings and other debris from
contacting the bed or waters of the state.
14. To prevent leaching, construct forms to contain any wet concrete. Place impervious material over any exposed wet
concrete that will come in contact with waters of the state. Forms and impervious materials must remain in place until
the concrete is cured.
15. Do not use wood treated with oil-type preservative (creosote, pentachlorophenol)in any hydraulic project. Wood
treated with waterborne preservative chemicals (ACZA, ACQ) may be used if the Western Wood Preservers Institute
has approved the waterborne chemical for use in the aquatic environment. The manufacturer must follow the Western
Wood Preservers Institute guidelines and the best management practices to minimize the preservative migrating from
treated wood into aquatic environments. To minimize leaching,wood treated with a preservative by someone other
than a manufacturer must follow the field treating guidelines. These guidelines and best management practices are
available at www.wwpinstitute.org.
PILE REMOVAL, DRIVING
16. Remove the one existing piling and dispose of it in an upland area above extreme high tide waters unless the
material is approved by the Washington Department of Fish and Wildlife for reuse in the project.
17. Incorporate features, such as steel, plastic or rubber collars, fendering or other systems to prevent or minimize the
abrasion of the treated wood by floats, ramps or vessels. Do not use rubber tires for the fender system.
18. Attach rubbing strips made of ultra high molecular weight(UHMW)type plastic, or high density polyethylene
(HDPE)type plastic to the replacement fender system. Do not use rubber tires for the fender system.
19. Fit all pilings with devices to prevent perching by fish-eating birds.
20.The use of both a vibratory and/or an impact hammer is authorized for piling installation under this Hydraulic Project
Approval, however a vibratory driver is preferred.
21. Sound attenuation methods are required for the driving or proofing of steel piles with an impact hammer below the
ordinary high water line. For impact driving of steel piles that exceed the following criteria, a bubble curtain or other
Washington Department of Fish and Wildlife approved sound attenuation device must be used. The specific criteria
include sound pressure levels of:
a) Greater than or equal to 206 dB (one micropascal squared per second) peak,
b) Greater than or equal to 187 dB (one micropascal squared per second)accumulated sound exposure level (SEL)
for fish greater than or equal to 2 grams, and
c) Greater than or equal to 183 dB (one micropascal squared per second) (SEL)for fish less than 2 grams.
d) Install a bubble curtain around the pile during all driving operations to ensure proper sound attenuation. The
bubble curtain must distribute air bubbles around 100 percent of the perimeter of the piling over the full length of the
pile in the water column.
22.To avoid attracting fish to artificial light at night, limit impact pile driving to daylight hours whenever feasible.
23. Piling removal:
a. Vibratory or water jet extraction is the preferred method of pile removal.
b. Place the piling on a construction barge or other dry storage site after the piling is removed. The piling must not be
Page 2 of 6
Washington Department of
Fish&Wildlife
_ HYDRAULIC PROJECT APPROVAL PO Box43234
Olympia,WA 98504-3234
f7S7f.d WEDIdF£
(360)902-2200
Issued Date: October 24, 2016 Permit Number: 2016-6-553+01
Project End Date: November 30, 2016 FPA/Public Notice Number: N/A
Application ID: 9451
shaken, hosed off, left hanging to dry or any other action intended to clean or remove adhering material from the piling
near waters of the state.
C. If a treated wood piling breaks during extraction, remove the stump from the water column by fully extracting. If the
stump cannot be fully extracted, remove the remainder of the stump with a clamshell bucket, chain, or similar means,
or cut it off three feet below the mudline. Cap all buried cut stumps and fill holes left by piling extraction with clean
sediment that matches the native material.
d. When removing creosote piling, containment booms and absorbent booms (or other oil absorbent fabric)must be
placed around the perimeter of the work area to capture wood debris, oil, and other materials released into marine
waters as a result of construction activities to remove creosote pilings.All debris on the bed and accumulated in
containments structures must be collected and disposed upland at an approved disposal site.
e. Submit post-project surveys (e.g., underwater video, photos at low-tide)along transects within the project area to
Washington Department of Fish and Wildlife within two weeks of pile removal to verify debris removal.
DEMOBILIZATION/CLEANUP
24. Remove all trash and unauthorized fill in the project area, including concrete blocks or pieces, bricks, asphalt,
metal, treated wood, glass, floating debris, and paper, that is waterward of the ordinary high water line and deposit
upland.
25. Reshape beach area depressions created during project activities to preproject beach level upon project
completion.
26. Remove all debris or deleterious material resulting from construction from the beach area or bed and prevent from
entering waters of the state.
27. Do not burn wood, trash, waste, or other deleterious materials waterward of the ordinary high water line.
LOCATION #1: Site Name: Bayley Piling Replacement
7627 E S.R. 106, Union, WA 98592-0337
WORK START: November 7, 2016 WORK END: November 10, 2016
WRIA Waterbody: Tributary to:
14- Kennedy-Goldsborough Wria 14 Marine
1/4 SEC: Section: Township: Range: Latitude: Longitude: County:
SE 1/4 33 22 N 03 W 47.349654 -123.058123 Mason
Location#1 Driving Directions
APPLY TO ALL HYDRAULIC PROJECT APPROVALS
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Washington Department of
Fish&Wildlife
HYDRAULIC PROJECT APPROVAL PO Box43234
Olympia,WA 98504-3234
FLW.w RbUfE
(360)902-2200
Issued Date: October 24, 2016 Permit Number: 2016-6-553+01
Project End Date: November 30, 2016 FPA/Public Notice Number: N/A
Application ID: 9451
This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code,
specifically Chapter 77.55 RCW. Additional authorization from other public agencies may be necessary for this project.
The person(s)to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any
additional authorization from other public agencies(local, state and/or federal)that may be necessary for this project.
This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person
(s)to whom this Hydraulic Project Approval is issued and operator(s) performing the work.
This Hydraulic Project Approval does not authorize trespass.
The person(s)to whom this Hydraulic Project Approval is issued and operator(s) performing the work may be held liable
for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic
Project Approval.
Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one
hundred dollars per day and/or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment.
All Hydraulic Project Approvals issued under RCW 77.55.021 are subject to additional restrictions, conditions, or
revocation if the Department of Fish and Wildlife determines that changed conditions require such action. The person(s)
to whom this Hydraulic Project Approval is issued has the right to appeal those decisions. Procedures for filing appeals
are listed below.
MINOR MODIFICATIONS TO THIS HPA:You may request approval of minor modifications to the required work timing
or to the plans and specifications approved in this HPA unless this is a General HPA. If this is a General HPA you must
use the Major Modification process described below.Any approved minor modification will require issuance of a letter
documenting the approval.A minor modification to the required work timing means any change to the work start or end
dates of the current work season to enable project or work phase completion. Minor modifications will be approved only
if spawning or incubating fish are not present within the vicinity of the project. You may request subsequent minor
modifications to the required work timing. A minor modification of the plans and specifications means any changes in the
materials, characteristics or construction of your project that does not alter the project's impact to fish life or habitat and
does not require a change in the provisions of the HPA to mitigate the impacts of the modification. Minor modifications
do not require you to pay additional application fees or be issued a new HPA. If you originally applied for your HPA
through the online Aquatic Protection Permitting System (APPS), you may request a minor modification through APPS.
A link to APPS is at http://wdfw.wa.gov/licensing/hpa/. If you did not use APPS you must submit a written request that
clearly indicates you are seeking a minor modification to an existing HPA.Written requests must include the name of the
applicant, the name of the authorized agent if one is acting for the applicant, the APP ID number of the HPA, the date
issued, the permitting biologist, the requested changes to the HPA, the reason for the requested change, the date of the
request, and the requestor's signature. Send by mail to: Washington Department of Fish and Wildlife, PO Box 43234,
Olympia, Washington 98504-3234, or by email to HPAapplications@dfw.wa.gov. Do not include payment with your
request. You should allow up to 45 days for the department to process your request.
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Washington Department of
Fish&Wildlife
HYDRAULIC PROJECT APPROVAL PO Box43234
Olympia,WA 98504-3234
F7SH_e If ULIF£
(360)902-2200
Issued Date: October 24, 2016 Permit Number: 2016-6-553+01
Project End Date: November 30, 2016 FPA/Public Notice Number: N/A
Application ID: 9451
MAJOR MODIFICATIONS TO THIS HPA: You may request approval of major modifications to any aspect of your HPA.
Any approved change other than a minor modification to your HPA will require issuance of a new HPA. If you paid an
application fee for your original HPA you must pay an additional $150 for the major modification. If you did not pay an
application fee for the original HPA, no fee is required for a change to it. If you originally applied for your HPA through
the online Aquatic Protection Permitting System (APPS), you may request a major modification through APPS.A link to
APPS is at http://wdfw.wa.gov/licensing/hpa/. If you did not use APPS you must submit a written request that clearly
indicates you are requesting a major modification to an existing HPA. Written requests must include the name of the
applicant, the name of the authorized agent if one is acting for the applicant, the APP ID number of the HPA, the date
issued, the permitting biologist, the requested changes to the HPA, the reason for the requested change, the date of the
request, payment if the original application was subject to an application fee, and the requestor's signature. Send your
written request and payment, if applicable, by mail to: Washington Department of Fish and Wildlife, PO Box 43234,
Olympia, Washington 98504-3234.You may email your request for a major modification to
HPAapplications@dfw.wa.gov, but must send a check or money order for payment by surface mail. You should allow up
to 45 days for the department to process your request.
APPEALS INFORMATION
If you wish to appeal the issuance, denial, conditioning, or modification of a Hydraulic Project Approval (HPA),
Washington Department of Fish and Wildlife (WDFW)recommends that you first contact the department employee who
issued or denied the HPA to discuss your concerns. Such a discussion may resolve your concerns without the need for
further appeal action. If you proceed with an appeal, you may request an informal or formal appeal. WDFW encourages
you to take advantage of the informal appeal process before initiating a formal appeal. The informal appeal process
includes a review by department management of the HPA or denial and often resolves issues faster and with less legal
complexity than the formal appeal process. If the informal appeal process does not resolve your concerns, you may
advance your appeal to the formal process. You may contact the HPA Appeals Coordinator at(360) 902-2534 for more
information.
A. INFORMAL APPEALS: WAC 220-660-460 is the rule describing how to request an informal appeal of WDFW actions
taken under Chapter 77.55 RCW. Please refer to that rule for complete informal appeal procedures. The following
information summarizes that rule.
A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request an informal
appeal of that action.You must send your request to WDFW by mail to the HPA Appeals Coordinator, Department of
Fish and Wildlife, Habitat Program, 600 Capitol Way North, Olympia, Washington 98501-1091; e-mail to
HPAa lications dfw.wa. ov; fax to 360 902-2946; or hand-delivery to the Natural Resources Building, 1111
PP @ 9 ( ) rY 9�
Washington St SE, Habitat Program, Fifth floor.WDFW must receive your request within 30 days from the date you
receive notice of the decision. If you agree, and you applied for the HPA, resolution of the appeal may be facilitated
through an informal conference with the WDFW employee responsible for the decision and a supervisor. If a resolution
is not reached through the informal conference, or you are not the person who applied for the HPA,the HPA Appeals
Coordinator or designee will conduct an informal hearing and recommend a decision to the Director or designee. If you
are not satisfied with the results of the informal appeal, you may file a request for a formal appeal.
B. FORMAL APPEALS: WAC 220-660-470 is the rule describing how to request a formal appeal of WDFW actions
taken under Chapter 77.55 RCW. Please refer to that rule for complete formal appeal procedures. The following
information summarizes that rule.
Page 5 of 6
Washington Department of
iiL Fish&Wildlife
HYDRAULIC PROJECT APPROVAL PO Box 43234
, F:r• Olympia,WA 98504-3234
17SH-d IiIIJX1Ff
(360)902-2200
Issued Date: October 24, 2016 Permit Number: 2016-6-553+01
Project End Date: November 30, 2016 FPA/Public Notice Number: N/A
Application ID: 9451
A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request a formal appeal
of that action.You must send your request for a formal appeal to the clerk of the Pollution Control Hearings Boards and
serve a copy on WDFW within 30 days from the date you receive notice of the decision.You may serve WDFW by mail
to the HPA Appeals Coordinator, Department of Fish and Wildlife, Habitat Program, 600 Capitol Way North, Olympia,
Washington 98501-1091; e-mail to HPAapplications@dfw.wa.gov; fax to(360)902-2946; or hand-delivery to the Natural
Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor.The time period for requesting a formal
appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, you may
request a formal appeal within 30 days from the date you receive the Director's or designee's written decision in
response to the informal appeal.
C. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS: If there is no timely request for an appeal,the
WDFW action shall be final and unappealable.
Habitat Biologist joshua.benton@dfw.wa.gov r for Director
Joshua Benton 360-602-0364 WDFW
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