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HomeMy WebLinkAboutSHX2006-00064 JARPA - SHX Permit / Conditions - 6/29/2006 ' 9 ' June 06, 2006 Mason County Community Development 411 N. 5'' St. P.O. Box 279 Shelton, WA 98584 Planning, We would like approval for a Shoreline Exemption Permit to replace a failing 170 In. ft. rock erosion control bulkhead with a new 170 In. ft. of granite rock erosion control bulkhead for the protection of the following single family residence. Robert Olson 560 E. Cronquist Rd. Allyn, WA 98524 This bulkhead will be placed in the exact footprint as the existing failing bulkhead. If you have any question please contact my office at 360-866-1608 or e-mail to pacificnwbulkhead.comcast.net. Thank you for your consideration for the approving the project. Sincerely, Pacific Northwest Bulkhead, Inc. O&W �;A Ardell Degler Agent P.O. BOX 11477 OLYMPIA, WASHINGTON 98508 (360) 866-1608 f AGENCY USE ONLY Agency Reference* srrrf X Ax-, - Ce,0 Date Received: &/.29/0 6 Circulated by: Q ,� 66w, (local gout. or agency) JOINT AQUATIC RESOURCES PERMIT APPLICATION FORM (DARPA) (for use in Washington State) PLEASE TYPE OR PRINT IN BLACK INK OR FILL IN ELECTRONICALLY [--]Application for a.Fish Habitat Enhancement Project per requirements of RCW 77.55.290. You must submit a copy of this completed JARPA application form and the(Fish Habitat Enhancement JARPA Addition)to your local Government Planning Department and Washington Department of Fish&Wildlife Area Habitat Biologist on the same day. NOTE: LOCAL GOVERNMENTS-You must submit any comments on these projects to WDFW within 15 working days. Based on the instructions provided, I am sending copies of this application to the following: (check all that apply) ❑ Local Government for shoreline: ❑Substantial Development ❑Conditional Use ❑Variance ❑� Exemption ❑Revision ❑Floodplain Management ❑Critical Areas Ordinance ❑✓ Washington Department of Fish and Wildlife for HPA(Submit 3 copies to WDFW Region) ❑✓ Washington Department of Ecology for 401 Water Quality Certification(to Regional Office-Federal Permit Unit) ❑ Washington Department of Natural Resources for Aquatic Resources Use Authorization Notification ❑ Corps of Engineers for: ❑Section 404 ❑Section 10 permit ❑ Coast Guard for: ❑ General Bridge Act Permit ❑Private Aids to Navigation(for non-bridge projects) ❑ For Department of Transportation projects only: This project will be designed to meet conditions of the most current Ecology/Department of Transportation Water Quality Implementing Agreement SECTION A-Use for all permits covered by this application. Be sure to ALSO complete Section C(Signature Block)for all permit applications. 1.APPLICANT Robert Olson MAILING ADDRESS 560 E. Cronquist Rd. Allyn WA 98524 WORK PHONE E-MAIL ADDRESS HOME PHONE FAX# 360-275-1116 If an agent is acting for the applicant during the permit process,complete#2. Be sure agent signs Section C(Signature Block) for all permit applications 2.AUTHORIZED AGENT Pacific Northwest Bulkhead, Inc. Ardell De ler agent MAILING ADDRESS P.O. Box 11477 Olympia,WA 98508 WORK PHONE E-MAIL ADDRESS HOME PHONE FAX# 360-866-1608 1 T360-943-6879 3. Relationship of applicant to property: W]OWNER ❑PURCHASER [-]LESSEE ❑OTHER: 4. Name,address and phone number of property owner(s)if other than applicant: same as above 5. Location(street address, including city, county and zip code,where proposed activity exists or will occur) 560 E. Cronquest Rd. Allyn , WA 98524 Local government with jurisdiction(city or codnty) Mason County Waterbody you are working in Case Inlet Tributary of WRIA# Is this waterbody on the 303(d)List YES NO Puget Sound �r�f If YES,what parameter(s)? Rural For 303d List, Shoreline designation http://www.ecy.wa.gov/programs/wq/303d/index.html Zoning designation single family residence '/.Section Section I Township Range Government Lot W I DNR stream type if known Latitude and Longitude: Tax Parcel Number 122321092110 — ECY 070-15(Revised 11/04)DARPA, Contact the State of Washington Office of Regulatory Assistance for latest version or call 360/407-7037 or 800/917-0043 l S S 16. Describe the current use of the property,and structures existing on the property. Have you completed any portion of the proposed activity on this property? YES RNO For any portion of the proposed activity already completed on this property, indicate month and year of completion. Is the property agricultural land? RYES ✓ NO Are you a USDA program participant? 0 YES ✓ NO 7a. Describe the proposed work that needs aquatic.permits: Complete plans and specifications should be provided for all work waterward of the ordinary high water mark or line, including types of equipment to be used. If applying for a shoreline permit,describe all work within and beyond 200 feet of the ordinary high water mark. If you have provided attached materials to describe your project,you still must summarize the proposed work here. Attach a separate sheet if additional space is needed. Replace failing rock bulkhead with new approximately 170 ln. ft erosion control bulkhead ( Rock) . All work from beach area. All machinery kept to minimum use on beach as per Dept. of Fish and Wildlife. All work in daylight hours at low tides . All construction debris disposed of upland. PREPARATION OF DRAWINGS: See sample drawings and guidance for completing the drawings. ONE SET OF ORIGINAL OR GOOD QUALITY REPRODUCIBLE DRAWINGS MUST BE ATTACHED. NOTE: Applicants are encouraged to submit photographs of the project site,but these DO NOT substitute for drawings. THE CORPS OF ENGINEERS AND COAST GUARD REQUIRE DRAWINGS ON 8-1a X 11 INCH SHEETS. LARGER DRAWINGS MAYBE REQUIRED BY OTHER AGENCIES. 7b. Describe the purpose of the proposed work and why you want or need to perform it at the site. Please explain any specific needs that have influenced the design. To protect single family residence and existing deck 7c. Describe the potential impacts to characteristic uses of the water body. These uses may include fish and aquatic life,water quality, water supply, recreation and aesthetics. Identify proposed actions to avoid, minimize,and mitigate detrimental impacts and provide proper protection of fish and aquatic life. Identify which guidance documents you have used. Attach a separate sheet if additional space is needed. There will be no potential impact to aquatic life or fish. All work kept to minimum on beach area. 7d. For in water construction rk,will y r project be in compliance with the State of Washington water quality standards for turbidity WAC 173.201A-110? YES UNO (See USEFUL DEFINITIONS AND INSTRUCTIONS) 8. Will the project be constructed in stages? YES NO Proposed starting date: as soon as Estimated duration of activity: 10 to 15 days 9. Check if any temporary or permanent structures will be placed: Q✓ Waterward of the ordinary high water mark or line for fresh or tidal waters AND/OR ❑Wate►ward of the mean higher high water for tidal waters? 10.Will fill material(rock,fill, bulkhead, or other material)be placed: Q✓Waterward of the ordinary high water mark or line for fresh waters? HIf YES,VOLUME(cubic yards)320 t /AREA (acres) Waterward of the mean higher high water for tidal waters? If YES,VOLUME(cubic yards) /AREA (acres) ECY 070-15(Revised 11/04)DARPA, Contact the State of Washington Office of Regulatory Assistance for latest version or call 360/407-7037 or 800/917-0043 2 11. Will material be placed in wetlands? ❑YES ❑✓ NO If YES: A. Impacted area in acres: B. Has a delineation been completed? If YES, please submit with application. ❑YES ❑NO C. Has a wetland report been prepared? If YES, please submit with application ❑YES [—]NO D. Type and composition of fill material(e.g.,sand,etc.) E. Material source: F. List all soil series(type of soil)located at the project site,and-indicate if they are on the county's list of hydric soils. Soils information can be obtained from the natural Resources Conservation Service(NRCS). G. WILL PROPOSED ACTIVITY CAUSE FLOODING OR DRAINING OF WETLANDS? ❑YES M NO IF YES, IMPACTED AREA IS ACRES OF DRAINED WETLANDS. NOTE: If your project will impact greater than Yz of an acre of wetland,submit a mitigation plan to the Corps and Ecology for approval along with the JARPA form. NOTE:a 401 water quality certification will be required from Ecology in addition to an approved mitigation plan if you project impacts wetlands that are: a)greater than Yz acre in size, or b)tidal wetlands or wetlands adjacent to tidal water. Please submit the JARPA form and mitigation plan to Ecology for an individual 401 certification if a)or b)applies. 12. Stormwater Compliance for Nationwide Permits Only: This project is(or will be)designed to meet ecology's most current stormwater manual, or an Ecology approved local stormwater manual. YES❑ ❑ NO If YES—Which manual will your project be designed to meet? If NO—For clean water act Section 401 and 404 permits only—Please submit to Ecology for approval, along with this JARPA application, documentation that demonstrates the stormwater runoff from your project or activity will comply with the water quality standards,WAC 173.201(A) 13.Will excavation or dredging be required in water or wetlands? ❑YES ©NO If YES: A. Volume: (cubic yards)/area (acre) B. Composition of material to be removed: C. Disposal site for excavated material: D. Method of dredging: 14. Has the State Environmental Policy Act(SEPA)been completed ✓0 YES ❑NO SEPA Lead Agency: Mason County Planning SEPA Decision: DNS, MDNS, EIS,Adoption, Exemption Decision Date(end of comment period) SUBMIT A COPY OF YOUR SEPA DECISION LETTER TO WDFW AS REQUIRED FOR A COMPLETE APPLICATION 15. List other Applications,approvals or certifications from other federal,state or local agencies for any structures,construction discharges or other activities described in the application(i.e. preliminary plat approval,health district approval,building permit,SEPA review, federal energy regulatory commission license(FERC), Forest practices application,etc.). Also, indicate whether work has been completed and indicate all existing work on drawings. NOTE: For use with Corps Nationwide Permits, identify whether your project has or will need an NPDES permit for discharging wastewater and/or stormwater. TYPE OF APPROVAL ISSUING AGENCY IDENTIFICATION DATE OF APPLICATION DATE APPROVED COMPLETED? NO. shoreline Mason County 7-6-06 building Mason County 7-6-06 Hydraulic Fish &Wildlife 7-6-06 16. Has any agency denied approval for the activity you're applying for or for any activity directly related to the activity described herein? ❑YES M NO If YES,explain: ECY 070-15(Revised 11/04)DARPA. Contact the State of Washington Office of Regulatory Assistance for latest version or call 360/407-7037 or 800/917-0043 3 SECTION B- Use for Shoreline and Corps of Engineers permits on/y; 17a.Total cost of project. This means the fair market value of the project, including materials, labor, machine rentals,etc. 17b. If a project or any portion of a project receives funding from a federal agency,that agency is responsible for ESA consultation. Please indicate if you will receive federal funds and what federal agency is providing those funds. See instructions for information on ESA.* FEDERAL FUNDING ❑ YES ❑ NO If YES, please list the federal agency. 18. Local government with jurisdiction: 19. For Corps,Coast Guard,and DNR permits, provide names, addresses and telephone numbers of adjoining property owners, lessees, etc. Please note: Shoreline Management Compliance may require additional notice—consult your local government. NAME ADDRESS PHONE NUMBER SECTION C-This section MUST be completed for any permit covered by this application 0. Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the information contained in this application,and that to the best of my knowledge and belief, such information is true,complete,and accurate. I further certify that I possess the authority to undertake the proposed activities. I hereby grant to the agencies to which thi pication is made,the right to enter the above-described location to inspect the proposed, in-progress or completed work. I a e to start work ONLY after all necessary permits have been received. DATE SIGNAT RE OF APPLICANT O C, DATE SIGNATURE OF AUTHORIZED AGENT Q �11 (- I HEREBY DESIGNATE Ardell Degler TO ACT AS MY AGENT IN MATTERS RELATED TO THIS APPLICATION FOR PERMIT(S). I UNDERSTAND THAT IF A FEDE RAL P RMIT IS ISSUED, I MUST SIGN THE PERMIT. y i0 0& Al SIGNATURE OF APPLICANT D E SIGNATURE OF LANDOWNER(EXCEPT PUBLIC ENTITY LANDOWNERS, E.G. DNR) THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND THE AGENT,IF AN AUTHORIZED AGENT IS DESIGNATED. 18 U.S.0§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. COMPLETED BY LOCAL OFFICIAL A. Nature of the existing shoreline. (Describe type of shoreline, such as marine, stream, lake, lagoon, marsh, bog, swamp,flood plain,floodway, delta;type of beach, such as accretion,erosion, high bank, low bank,or dike; material such as sand,gravel, mud,clay, rock, riprap;and extent and type of bulkheading,if any) B. In the event that any of the proposed buildings or structures will exceed a height of thirty-five feet above the average grade level, indicate the approximate location of and number of residential units,existing and potential,that will have an obstructed view. C. If the application invplves a conditional use or variance,set forth in full that portion of the master program which provides that the proposed use may be a conditional use,or, in the case of a variance;from which the variance is being sought: These Agencies are Equal Opportunity and Affirmative Action employers. For special accommodation needs,please contact the appropriate agency in the instructions. ECY 070-15 JARPA(Revised 11/04) Contact the State of Washington Office of Regulatory Assistance for latest version or call 3601407-7037 or 800/917-0043 4 �oN srATFO MASON COUNTY P ��C DEPARTMENT OF COMMUNITY DEVELOPMENT o A o yN Planning Division p U = P O Box 279, Shelton, WA 98584 N 7 N Y y (360)427-9670 OJ �O 1864 Exemption from Shoreline Management Act Case No.: SHX2006-00064 Substantial Development Permit Requirement The Proposal By: ROBERT OLSON 560 E CRONQUIST RD ALLYN,WA 98524 To undertake the following development: ERISION CONTROL BULKHEAD Within Case Inlet and/or its associated wetlands is exempt from the requirement of substantial development because the development is categorized under WAC 173-27-040(2) as being category B-normal maintenance Please contact Rebecca Hersha at ext 593 if you have any questions. Issued: 7/17/06 �� &c Expires: 7/17/08 Authorized Local Government Official cc: APPLICANT WDFW USACOE WDOE TRIBAL COUNCIL �arze 1 22-3a 10 9a t o :, Washington HYDRAULIC PROJECT APPROVAL coastal Department of 48 Devonshire d FISH and ToCif.55AERPTal 4 gra li eals Board Montesano,WA5t � WILDLIFE (360)249-4628 PARCEL FILE AUP n•A zoos Issue Date:August 03,2006 Control Number: 106115-1 Project Expiration Date: March 14,2008 FPA/Public Notice#: N/A �''"`"ti`"``s PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Pacific Northwest Bulkhead Inc Robert Olson ATTENTION:Ardell Degler 560 E.Cronquest Road PO Box 11477 Allyn,WA 98524 Olympia, WA 98508 360-866-1608 Fax: 360-943-6841 Project Name: Olson Project Description: Replace failing rock bulkhead with new rock bulkhead, 170 feet. PROVISIONS 1. Work'below the ordinary high water line shall not occur from March 15 through June 14 of any year for the protection of migrating juvenile salmonids. 2. Due to the lengthy spawning period of surf smelt in this portion of Puget Sound, work below the ordinary high water line from July 1 through December 31 and January 1 through March 31 of any year may be acceptable if a WDFW representative confirms a lack of spawn during a site inspection. Arrangements for a site inspection shall be made with the Area Habitat Biologist listed below. Work shall commence within 48 hours of notification by WDFW and shall be completed within seven days of project commencement. 3. Work shall be accomplished per application approved by the Washington Department of Fish and Wildlife and dated June 6, 2006, except as modified by this Hydraulic Project Approval. A copy of these plans shall be available on site during construction. 4. All manmade debris on the beach shall be removed and disposed of upland such that it does not enter waters of the state. 5. The existing rock bulkhead shall be removed from the beach and deposited upland such that it does not enter waters of the state. 6. The waterward face of the rock bulkhead shall be located no further waterward than the face of the existing functioning bulkhead. 7. Bulkhead wing walls shall be angled 30 degrees to the bankline. 8. Base rocks shall be buried a minimum of 18 inches below the preproject natural beach grade. 9. Rock for the bulkhead shall be composed of clean, angular material of a sufficient durability and size to prevent its being broken up or washed away by high water or wave action. Page 1 of 6 i I Washington Coastal Department of HYDRAULIC PROJECT APPROVAL 48 Devonshire Road FISH and RCW 77.55.141 -Appeal to Hydraulic Appeals Board WILDLIFE Montesano,WA 98563 (360)249-4628 Issue Date:August 03,2006 Control Number: 106115-1 Project Expiration Date: March 14,2008 FPA/Public Notice#: N/A 10. All upland drainage tightlines shall be incorporated into the bulkhead near beach grade to prevent erosion of the shoreline. 11. The beach waterward of the bulkhead shall be graveled in compliance with the following specifications: a. Gravel shall be clean round 'pea gravel,' not crushed. b. At least 80 percent of the gravel shall be sized between 1/16 inch and 1/4 inch in diameter. c. Gravel shall be spread along the entire length of the bulkhead waterward for a distance of nine lineal feet to a uniform depth of six inches. Approximately 20 cubic yards of gravel shall be required. d. Graveling shall be conducted within 72 hours following bulkhead construction. 12. Project activities shall not occur when the project area, including the work corridor (excluding the area occupied by a grounded barge), is inundated by tidal waters. 13. Use of equipment on the beach shall be held to a minimum, confined to a single access point, and limited to a 50-foot work corridor waterward of the base rocks. Construction materials shall not touch the beach outside this work corridor. 14. Bed material, other than material excavated for base rocks, shall not be utilized for project construction or fills. 15. Excavated materials containing silt, clay, or other fine grained soil shall not be stockpiled below the ordinary high water line. 16. If stockpiling of sand, gravel, and other coarse excavated material is conducted below the ordinary high water line, it shall be placed within a 25-foot work corridor waterward of the base rocks. 17. If sand, gravel, and other coarse excavated material is to be temporarily placed where it will come into contact with tidal waters, this material shall be covered with filter fabric and adequately secured to prevent erosion and/or potential entrainment of fish. 18. All excavated or stockpiled material shall be removed from the beach within 72 hours of bulkhead construction. Upon removal of the excavated material, the beach shall immediately be returned to the preproject natural grade. 19. Beach area depressions created during project activities shall be reshaped to preproject beach level upon project completion. 20. All trenches, depressions, or holes created in the beach area shall be backfilled prior to inundation by tidal waters. Trenches excavated for base rocks may remain open during construction. However, fish shall be prevented from entering such trenches. Page 2 of 6 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.141 -Appeal to Hydraulic Appeals Board Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:August 03,2006 Control Number: 106115-1 Project Expiration Date: March 14,2008 FPA/Public Notice#: N/A 21. Eelgrass and kelp shall not be adversely impacted due to any project activities (e.g., barge shall not ground, equipment shall not operate, and other project activities shall not occur in eelgrass and kelp). 22. Removal or destruction of overhanging bankline vegetation shall be limited to that necessary for the construction of the project. 23. Intertidal wetland vascular plants shall not be adversely impacted due to project activities (e.g., barge shall not ground, equipment shall not operate, and other activities shall not occur in intertidal wetland vascular plants). If such vegetation is adversely impacted, it shall be replaced using proven methodology. 24. All natural habitat features on the beach larger than 12 inches in diameter, including trees, stumps, logs, and large rocks, shall be retained on the beach following construction. These habitat features may be moved during construction if necessary. 25. Project activities shall be conducted to minimize siltation of the beach area and bed. 26. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), immediate notification shall be made to the Washington Department of Ecology at 1-800-258-5990, and to the Area Habitat Biologist listed below. 27. All debris or deleterious material resulting from construction shall be removed from the beach area and bed and prevented from entering waters of the state. 28. No petroleum products or other deleterious materials shall enter surface waters. 29. Wood treated with preservatives, trash, waste, or other deleterious materials shall not be burned below the ordinary high water line. Limited burning of untreated wood or similar material maybe allowed at or above the mean higher high water line. 30. Project activities shall not degrade water quality to the detriment of fish life. Page 3 of 6 __.. �Yr• YYIWIY WY •WIWYYYYY WIWY� Washington HYDRAULIC PROJECT APPROVAL coastal j Department of 48 Devonshire Road FISH and RCW 77.55.141 -Appeal to Hydraulic Appeals Board Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:August 03,2006 Control Number: 106115-1 Project Expiration Date: March 14,2008 FPA/Public Notice#: N/A PROJECT LOCATIONS Location#1 Olson WORK START: August 04, 2006 IWORK END: March 14, 2008 WRIA: Waterbody: Tributary to: 14.9130 IWria 14 Marine Puget Sound 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: NW 1/4 32 22 N 01 W N 47.3539 W 122.8262 Mason Location#1 Driving Directions NOTES APPLY TO ALL HYDRAULIC PROJECT APPROVALS This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW(formerly RCW 77.20). 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 pursuant to RCW 77.55.021 (EXCEPT agricultural irrigation,stock watering or bank stabilization projects)or 77.55.141 are subject to additional restrictions,conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The person(s)to whom this Hydraulic Project Approval is issued has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All agricultural irrigation,stock watering or bank stabilization Hydraulic Project Approvals issued pursuant to RCW 77.55.021 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the person(s)to whom this Hydraulic Project Approval is issued: PROVIDED HOWEVER,that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 77.55.301. APPEALS INFORMATION If you wish to appeal the issuance or denial of,or conditions provided in a Hydraulic Project Approval,there are informal and formal appeal processes available. Page 4 of 6 .` Washington HYDRAULIC PROJECT APPROVAL coastal Department of 48 Devonshire Road FISH and RCW 77.55.141 -Appeal to Hydraulic Appeals Board Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:August 03,2006 Control Number: 106115-1 Project Expiration Date: March 14,2008 FPA/Public Notice#: N/A A. INFORMAL APPEALS(WAC 220-110-340)OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021, 77.55.141,77.55.181,and 77.55.291: A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: (A)The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; or (B)An order imposing civil penalties. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator,600 Capitol Way North,Olympia,Washington 98501-1091 and shall be RECEIVED by the Department within 30 days of the denial or issuance of a Hydraulic Project Approval or receipt of an order imposing civil penalties. If agreed to by the aggrieved party,and the aggrieved party is the Hydraulic Project Approval applicant, resolution of the concerns will be facilitated through discussions with the Area Habitat Biologist and his/her supervisor. If resolution is not reached,or the aggrieved party is not the Hydraulic Project Approval applicant, the Habitat Technical Services Division Manager or his/her designee shall conduct a review and recommend a decision to the'Director or his/her designee. If you are not satisfied with the results of this informal appeal,a formal appeal may be filed. B. FORMAL APPEALS(WAC 220-110-350)OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (EXCEPT agricultural irrigation,stock watering or bank stabilization projects)or 77.55.291: A person who is aggrieved or adversely affected by the following Department actions may request a formal review of: (A)The denial or issuance of a Hydraulic Project Approval,or the conditions or provisions made part of a Hydraulic Project Approval; (B)An order imposing civil penalties;or (C)Any other'agency action'for which an adjudicative proceeding is required under the Administrative Procedure Act, Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator,shall be plainly labeled as'REQUEST FOR FORMAL APPEAL'and shall be RECEIVED DURING OFFICE HOURS by the Department at 600 Capitol Way North,Olympia,Washington 98501-1091,within 30-days of the Department action that is being challenged. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal,the deadline for requesting a formal appeal shall be within - 'pp 30 da s of the date of the Department's s written decision in response to the informal appeal. Y P P PP C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (agricultural irrigation, stock watering or bank stabilization only), 77.55.141,77.55.181,or 77.55.241: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval,or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office,4224 Sixth Avenue SE, Building Two- Rowe Six, Lacey,Washington 98504;telephone 360/459-6327. D. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO CHAPTER 43.21 L RCW: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval,or the conditions or Provisions made part of a Hydraulic Project Approval may request uest a formal appeal. The FORMAL APPEAL sha ll be in accordance with t i - he provisions s of Chapter r 4 .21 L W n a e 3 RC and Chapter 199 WA h P P P 08 C The request for FORMAL APPEAL shall be in WRITING to the Environmental and Land Use Hearings Board at Environmental Hearings Office, Environmental and Land Use Hearings Board,4224 Sixth Avenue SE, Building Two-Rowe Six, P.O. Box 40903, Lacey,Washington 98504;telephone 360/459-6327. E. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS results in forfeiture of all appeal rights. If there is no timely request for an appeal,the department action shall be final and unappealable. Page 5 of 6 i I Washington HYDRAULIC PROJECT APPROVAL Coastal . Department of 48 Devonshire Road FISH and RCW 77.55.141 -Appeal to Hydraulic Appeals Board Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:August 03,2006 Control Number: 106115-1 Project Expiration Date: March 14,2008 FPA/Public Notice#: N/A ENFORCEMENT: Sergeant Jackson (29) P2 Habitat Biologist " for Director Margie Schirato 360-427-2179 WDFW CC: Rebecca Hersha, Mason County DCD, Planning Division, PO Box 279, Shelton, WA 98584 Page 6 of 6 MASON COUNTY DCD Sent SEPAsx?C1t-)& dr,/Q_ _ to (check all that apply) on 7-/k' Skokomish Tribal Nation ZI WA Dept. of Ecology(saltwater) Natural Resources Dept. ATTN: Shoreline Permit Reviewer ATTN: Marty Ereth Southwest Regional Office N 541 Tribal Center Rd. PO Box 47775 Shelton, WA 98584 Olympia, WA 98504-7775 Quinault Indian Nation WA Department of Ecology(freshwater) ATTN: Mark Mobbs Environmental Review Section PO Box 189 PO BOX 47703 Tahola, WA 98587 Olympia, WA 98504-7703 Squaxin Tribal Nation ®' U.S. Army Corps of Engineers Natural Resources Dept. SEPA Reviewer 2952 SE Old Olympic Highway PO Box C-3755 Shelton, WA 98584 Seattle, WA 98124 The Confederated Tribe of the Chehalis ® WA Dept. of Fish and Wildlite ATTN: SEPA Reviewer ATTN: Margie Schirato (saltwater) 420 Howanut Rd. 2391 W Deegan Rd. Oakville, WA 98568 Shelton, WA 98584 ® Courtney Wasson WA Dept. of Fish &Wildlife WA DNR, South Puget Sound Region ATTN: Gloria Rogers (freshwater) 950 Farman Avenue North PO Box 695 Enumclaw, WA 98022-9282 Elma,WA 98541 Boyd Powers 0 WA Dept. of Transportation WA DNR, SEPA Center Environmental Policy&Coord. PO BOX 47027 HWY Administration Bldg. Olympia, WA 98504-7027 Olympia, WA 98504 Olympic Region Clean Air Agency City of Shelton 2940-B Limited Ln. NW 525 West Cota St. Olympia, WA 98502 Shelton, WA 98584 Mason County Transit r7 Office of Archeaology& Historic Preservation PO Box 1880 ATTN: Stephanie Kramer Shelton, WA 98584 P.O. Box 48343 Olympia,WA 98504-8343 ® Robert Olson (Applicant) 560 Cronquist Rd. School District Allyn, WA 98524 Mason Cty Public Works ATTN: John Sliva © Pacific Northwest Bulkhead (Agent) PO Box 1147 Mason Cty Env. Health ATTN: Olympia, WA 98508