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Home My WebLink AboutHydraulic Project Approval - PLN General - 10/3/2005 THIS PARCEL INCLUDES RECORDS FROM THE AUDITORS OFFICE PARCEL #� 5l� 0008`5� AF# I9 7 I DOCUMENT AF# 19a7$/`� DOCUMENT aF# 19Mg �5 DOCUMENT AF# /9aryg DOCUMENT '�� AF# DOCUMENT AF# DOCUMENT THIS MAY NOT INCLUDE ALL DOCUMENTS RECORDED ON THIS PARCEL Washington HYDRAULIC PROJECT APPROVAL Department of Coastal FISH and 48 Devonshire Road WILDLIFE RCW 77.55.021-Appeal pursuant to Chapter 34.05 RCW Montesano,WA 98663- .- (360)249-4628 J�N - R rt 'r Issue Date:January 02,2007 Control Number: 107242-1 Project Expiration Date:March 14,2009 FPA/Public Notice#: N/A PERMITTEE ORIZED AGENT OR CONTRACTOR urveys and Assessments Bill Carter ION:Amy Leitman 10871&10891 North Shore Road gstead Way Belfair,WA 98528 nsend, WA 98368 206-382-5214 1360E-385-4073 Fax:360-385-1724 Project Name: Carter Project Description: Construct new pier, ramp and float, 115 feet long,with 13 ACZA piles PROVISIONS 1.Work shall be accomplished per application approved by the Washington Department of Fish and Wildlife and dated October 15,2006,except as modified by this Hydraulic Project Approval. A copy of these plans shall be available on site during construction. 2.Work below the ordinary high water line shall not occur from September 15 through December 31 and from January 1 through March 1 of any year for the protection of surf smelt spawning beds. 3.Work below the ordinary high water line shall not occur from February 15 through July 14 of any year for the protection of migrating juvenile salmonids. 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 pier,ramp,and float centerline shall be re-established during the construction phase using the same methodology employed to establish the centerline during the vegetation survey to ensure protection of the eelgrass/herring spawning habitat. 6.The pier,ramp,and float structure shall not exceed 115 feet in total length. 7.The solid decked portions of the structure shall not exceed the following widths:the 60-foot long pier,6 feet;the 40-foot long ramp,4 feet;and the three floats;20-foot long"T"shaped floats,6 feet each. 8.The three,20 foot by 6 foot"T"shaped floats shall contain 53%configuration of grating that passes a minimum of 60 percent sunlight,approved by WDFW. Floatation shall be located under the solid decked area only. The grated area shall not be used for storage purposes. 9.No portion of the dock or float system shall ground. A minimum space of 12 inches shall be maintained at all times between the bottom of the dock or float and the beach grade. Page 1 of 5 HYDRAULIC PROJECT APPROVAL Coastal Washington Department of 48 Devonshire Road FISFFand RCW 77.55.021-Appeal pursuant to Chapter 34.05 RCW Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:January 02,2007 Control Number: 107242-1 Project Expiration Date:March 14,2009 FPA/Public Notice#: N/A 10. Floats, rafts, and associated anchoring systems shall have been designed and shall have been deployed so that the bed is not damaged. 11. Floatation for the structure shall be fully enclosed and contained to prevent the breakup or loss of the floatation material into the water. 12.As specified in the application,the 13 pilings may be Chemonite pilings treated at 1.5 pounds per cubic foot but shall not be new creosote treated pilings. 13.All piling, lumber, and other materials treated with preservatives shall be sufficiently cured to minimize leaching into the water or bed. 14.All treated wood piling and lumber to be used for the project shall meet or exceed the standards established in,'Best Management Practices For the Use of Treated Wood in Aquatic Environments' developed by the Western Wood Preservers Institute, revised July 1996. 15.Treated piling or structures built of treated wood shall incorporate design features,such as steel,plastic or rubber collars or fendering systems,to prevent or minimize the abrasion of the treated wood by floats, ramps or vessels. 16. Sawdust,drillings or trimmings from treated wood shall be contained with tarps or other impervious materials and prevented from contacting the beach,bed or waters of the state. 17.The pier, ramp,float,and associated moorings shall have been designed and shall have been located to avoid shading of eelgrass(Zostera spp). 18. 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). 19. Removal or destruction of overhanging bankline vegetation shall be limited to that necessary for the construction of the project. 20. 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. 21.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. 22. Project activities shall be conducted to minimize siltation of the beach area and bed. Page 2 of 5 Washington HYDRAULIC PROJECT APPROVAL coastal tin Department of FISH and 48 Devonshire Road RCW 77.55.021-Appeal pursuant to Chapter 34.05 RCW WILDLIFE Montesano,WA 98563 (360)249-4628 Issue Date:January 02,2007 Control Number: 107242-1 Project Expiration Date:March 14,2009 FPA/Public Notice 4: N/A 23. 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. 24.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. 25. No petroleum products or other deleterious materials shall enter surface waters. 26.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 may be allowed at or above the mean higher high water line. 27. Project activities shall not degrade water quality to the detriment of fish life. PROJECT LOCATIONS Location#1 Carter WORK START: January 04,2007 IWORK END: March 14,2009 WRIA: Waterbody: Tributary to: 15.9120 Wria 15 Marine Hood Canal 1/4 SEC: Section: Township: Range: Latitude: Longitude: Count y SW 1/4 24 22 N 03 W N 47.36572 W 123.00068 Mason Location#1 Driving Directions NOTES This pier,ramp and float is a joint use project for: Bill Carter,Jeffery and Karen Sweeney,2589 Crestmont Place W, Seattle,WA 98199 and Marvin and Patricia Lund, 10851 NE.Northshore Road, Belfair, WA 98528 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. Page 3 of 5 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021-Appeal pursuant to Chapter 34.05 RCW Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:January 02,2007 Control Number: 107242-1 Project Expiration Date:March 14,2009 FPA/Public Notice#: N/A 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. 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 77.65.021 (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 30-days of the date of the Department's written decision in response to the informal appeal. Page 4 of 5 Washington Department of HYDRAULIC PROJECT APPROVAL coastal FISH and RCW 77.55.021-Appeal pursuant to Chapter 34.05 RCW 48 Devonshire Road WILDLIFE Montesano,WA 98563 (360)249-4628 Issue Date:January 02,2007 Control Number: 107242-1 Project Expiration Date:March 14.2009 FPA/Public Notice#: N/A 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 a formal appeal. The FORMAL APPEAL shall be in accordance with the provisions of Chapter 43.21 L RCW and Chapter 199-08 WAC. 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. ENFORCEMENT:Sergeant Jackson(29)P2 rHabitat Biologist ar ie Schirato �CL4 for Director 9 360 427 2179 WDFW CC:Charles Mead McCoy III, Mason County DCD, P.O. Box 279,Shelton,WA 98584 Page 5 of 5 ' Washington HYDRAULICCoastal PROJECT APPROVAL Department of 48 Devonshire Road FISH and RCW 77.55.021-Appeal pursuant to Chapter 34.05 Montes A 98563 WILDLIFE (360) 28k Issue Date:September 19,2008 Control Number: 107247-2 ti Project Expiration Date:February 14,2011 FPA/Public Notice#: N/A ? PERMITTEE AUTHORIZED AGENT OR CONTRACTOR.,:', Marine Surveys and Assessments Bill Carter ATTENTION:Amy Leitman 10871 Northshore Road 521 Snagstead Way Belfair,WA 98528 Port Townsend, WA 98368 206-382-5214 360-385-4073 Fax:360-385-1724 Project Name: Carter Project Description: Construct new pier,ramp and float, 115 feet long,with 13 ACZA piles PROVISIONS 1.Work shall be accomplished per application approved by the Washington Department of Fish and Wildlife and dated October 15, 2006,except as modified by this Hydraulic Project Approval. A copy of these plans shall be available on site during construction. 2.Work below the ordinary high water line shall not occur from September 15 through December 31 and from January 1 through March 1 of any year for the protection of surf smelt spawning beds. 3.Work below the ordinary high water line shall not occur from February 15 through July 14 of any year for the protection of migrating juvenile salmonids. 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 pier,ramp,and float centerline shall be re-established during the construction phase using the same methodology employed to establish the centerline during the vegetation survey to ensure protection of the eelgrass/herring spawning habitat. 6.The pier,ramp,and float structure shall not exceed 115 feet in total length. 7.The solid decked portions of the structure shall not exceed the following widths:the 60-foot long pier,6 feet;the 40-foot long ramp,4 feet;and the three floats;20-foot long"T"shaped floats,6 feet each. 8.The three,20 foot by 6 foot"T"shaped floats shall contain 53%configuration of grating that passes a minimum of 60 percent sunlight,approved by WDFW. Floatation shall be located under the solid decked area only. The grated area shall not be used for storage purposes. 9. No portion of the dock or float system shall ground. A minimum space of 12 inches shall be maintained at all times between the bottom of the dock or float and the beach grade. Page 1 of 5 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021-Appeal pursuant to Chapter 34.05 Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:September 19,2008 Control Number: 107242-2 Project Expiration Date:February 14,2011 FPA/Public Notice#: N/A 10. Floats,rafts,and associated anchoring systems shall have been designed and shall have been deployed so that the bed is not damaged. 11. Floatation for the structure shall be fully enclosed and contained to prevent the breakup or loss of the floatation material into the water. 12.As specified in the application,the 13 pilings may be Chemonite pilings treated at 1.5 pounds per cubic foot but shall not be new creosote treated pilings. 13.All piling, lumber, and other materials treated with preservatives shall be sufficiently cured to minimize leaching into the water or bed. 14.All treated wood piling and lumber to be used for the project shall meet or exceed the standards established in, 'Best Management Practices For the Use of Treated Wood in Aquatic Environments' developed by the Western Wood Preservers Institute, revised July 1996. 15.Treated piling or structures built of treated wood shall incorporate design features, such as steel, plastic or rubber collars or fendering systems,to prevent or minimize the abrasion of the treated wood by floats,ramps or vessels. 16.Sawdust,drillings or trimmings from treated wood shall be contained with tarps or other impervious materials and prevented from contacting the beach, bed or waters of the state. 17.The pier,ramp,float,and associated moorings shall have been designed and shall have been located to avoid shading of eelgrass(Zostera spp). 18. 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). 19.Removal or destruction of overhanging bankline vegetation shall be limited to that necessary for the construction of the project. 20. 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. 21.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. 22.Project activities shall be conducted to minimize siltation of the beach area and bed. Page 2 of 5 Washington HYDRAULIC PROJECT APPROVAL coastal Department of 48 Devonshire Road If FISH and RCW 77.55.021-Appeal pursuant to Chapter 34.05 Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:September 19,2008 Control Number: 107242-2 Project Expiration Date:February 14,2011 FPA/Public Notice#: NIA 23. 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. 24.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. 25. No petroleum products or other deleterious materials shall enter surface waters. 26.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 may be allowed at or above the mean higher high water line. 27. Project activities shall not degrade water quality to the detriment of fish life. PROJECT LOCATIONS Location#1 Carter WORK START: September 19,2009 IWORK END: February 14,2011 WRIA: Waterbody: Tributary to: 15.9120 Wria 15 Marine Hood Canal 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: SW 1/4 24 122 N 03 W N 47.36572 W 123.00068 Mason Location#1 Drrving Directions 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. Page 3 of 5 r Washington HYDRAULIC PROJECT APPROVAL Coastal Department of �' FISH and 48 Devonshire Road RCW 77.55.021-Appeal pursuant to Chapter 34.05 Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:September 19,2008 Control Number: 107242-2 Project Expiration Date:February 14,2011 FPA/Public Notice M N/A 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. 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 30-days of the date of the Department's written decision in response to the informal appeal. 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 Page 4 of 5 Washington HYDRAULIC PROJECT APPROVAL coastal 16WILDepartment of 48 Devonshire Road DLIFE FISH and RCW 77.55.021-Appeal pursuant to Chapter 34.05 Montesano,WA 98563 (360)249-4628 Issue Date:September 19,2008 Control Number: 107242-2 Project Expiration Date:February 14,2011 FPA/Public Notice#: N/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 a formal appeal. The FORMAL APPEAL shall be in accordance with the provisions of Chapter 43.21 L RCW and Chapter 199-08 WAC. 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. ENFORCEMENT:Sergeant Jackson (29)P2 Habitat Biologist J for Director Margie Schirato 360-427-2179 WDFW CC:Charles Mead McCoy III, Mason County DCD, P.O. Box 279, Shelton,WA 98584 Page 5 of 5 3�a 1 -Sv--000�S Washington 0 HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021-Appeal Pursuant to Chapter 34.05 RCW Montesano,WA 98563 0 WILDLIFE _ (360)249-4628 m Issue Date:February 03,2009 Control Number: 107242-3 ;r, Project Expiration Date:February 14,2011 FPA/Public Notice#: N/A i f"rl PERMITTEE AUTHORIZED AGENT OR CONTRACTOR 71z Marine Surveys and Assessments --� Bill Carter ATTENTION:Amy Leitman rn m 10871 Northshore Road 521 Snagstead Way Belfair,WA 98528 Port Townsend, WA 98368 206-382-5214 360-385-4073 Fax:360-385-1724 Project Name: Carter-New Pier, Ramp and Float Project Description: Construct new pier,ramp and float, 115 feet long,with 13 ACZA piles. PROVISIONS 1.Work shall be accomplished per application approved by the Washington Department of Fish and Wildlife and dated October 15, 2006,except as modified by this Hydraulic Project Approval. A copy of these plans shall be available on site during construction. 2.Work below the ordinary high water line shall not occur from February 15 through July 14 of any year for the protection of migrating juvenile salmonids. 3. 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. 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 pier, ramp,and float centerline shall be re-established during the construction phase using the same methodology employed to establish the centerline during the vegetation survey to ensure protection of the eelgrass/herring spawning habitat. 6.The pier, ramp,and float structure shall not exceed 115 feet in total length. 7.The solid decked portions of the structure shall not exceed the following widths:the 60-foot long pier,6 feet;the 40-foot long ramp,4 feet;and the three floats;20-foot long"T"shaped floats,6 feet each. 8.The three,20 foot by 6 foot"T"shaped floats shall contain 53%configuration of grating that passes a minimum of 60 percent sunlight,approved by WDFW. Floatation shall be located under the solid decked area only. The grated area shall not be used for storage purposes. Page 1 of 5 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021-Appeal Pursuant to Chapter 34.05 RCW Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:February 03,2009 Control Number: 107242-3 Project Expiration Date:February 14,2011 FPA/Public Notice#: NIA 9. No portion of the dock or float system shall ground. A minimum space of 12 inches shall be maintained at all times between the bottom of the dock or float and the beach grade. 10. Floats,rafts,and associated anchoring systems shall have been designed and shall have been deployed so that the bed is not damaged. 11. Floatation for the structure shall be fully enclosed and contained to prevent the breakup or loss of the floatation material into the water. 12.As specified in the application,the 13 pilings may be Chemonite pilings treated at 1.5 pounds per cubic foot but shall not be new creosote treated pilings. 13.All piling,lumber,and other materials treated with preservatives shall be sufficiently cured to minimize leaching into the water or bed. 14.All treated wood piling and lumber to be used for the project shall meet or exceed the standards established in,'Best Management Practices For the Use of Treated Wood in Aquatic Environments' developed by the Western Wood Preservers Institute,revised July 1996. 15.Treated piling or structures built of treated wood shall incorporate design features,such as steel,plastic or rubber collars or fendering systems,to prevent or minimize the abrasion of the treated wood by floats, ramps or vessels. 16.Sawdust,drillings or trimmings from treated wood shall be contained with tarps or other impervious materials and prevented from contacting the beach, bed or waters of the state. 17.The pier,ramp,float,and associated moorings shall have been designed and shall have been located to avoid shading of eelgrass(Zostera spp). 18. 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). 19. Removal or destruction of overhanging bankline vegetation shall be limited to that necessary for the construction of the project. 20. 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. 21.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. Page 2 of 5 Washington HYDRAULIC PROJECT APPROVAL coastal Department of 48 Devonshire Road FISH and RCW 77.55.021•Appeal Pursuant to Chapter 34.05 RCW Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:February 03,2009 Control Number: 107242-3 Project Expiration Date:February 14,2011 FPA/Public Notice#: N/A 22. Project activities shall be conducted to minimize siltation of the beach area and bed. 23. 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. 24.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. 25. No petroleum products or other deleterious materials shall enter surface waters. 26.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 may be allowed at or above the mean higher high water line. 27. Project activities shall not degrade water quality to the detriment of fish life. PROJECT LOCATIONS Location#1 Carter WORK START: February 03,2009 WORK END: February 14,2011 WRIA: Waterbody: Tributary to: 15.9120 �Wria 15 Marine Hood Canal 114 SEC: Section: Township: Range: Latitude: Longitude: County: SW 1/4 24 �22 N 03 W N 47.36572 W 123.00068 Mason Location#1 Driving Directions 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. Page 3 of 5 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021-Appeal Pursuant to Chapter 34.05 RCW Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:February 03,2009 Control Number: 107242-3 Project Expiration Date:February 14,2011 FPA/Public Notice#: - N/A 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 P ( ) Y 1 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. A.INFORMAL APPEALS(WAC 220-110-340)OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021, ;7.55.141,77.55.181,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 30-days of the date of the Department's written decision in response to the informal appeal. Page 4 of 5 Washon HYDRAULIC PROJECT APPROVAL Coastal Departmeingtnt of 48 Devonshire Road FISH and RCW 77.55.021-Appeal Pursuant to Chapter 34.05 RCW Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:February 03,2009 Control Number: 107242-3 Project Expiration Date:February 14,2011 FPA/Public Notice#: N/A 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 43.21L 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 a formal appeal. The FORMAL APPEAL shall be in accordance with the provisions of Chapter 43.21 L RCW and Chapter 199-08 WAC. 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. ENFORCEMENT:Sergeant Jackson (29)P2 Habitat Biologist ^.' for Director Margie Schirato 360-427-2179 WDFW CC:Charles Mead McCoy III, Mason County DCD, P.O. Box 279, Shelton,WA 98584 Page 5 of 5