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HomeMy WebLinkAboutHYDRAULIC PROJECT APPROVAL FPA2411378 Fish Passage Project Tributary Decker Creek - FPA Permit / Conditions - 6/23/2006 wasnington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 DevonsNre Road FISH and RCW 77.55,021-Appeal pursuant to Chapter 34.05 RCW Montesano,WA%663 WILDUFE — (360)249.4628 RECEIVED JUN 2 3 2W Issue Date:June 21,2006 Control Number: 104503-2 Project Expiration Date:August 31, 2007 FPA/Public Notice#: 2411378 PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Lusignan Forestry ATTENTION:Jim Frost P.O.Box 1007 Shelton,WA 98584 360-426-1140 Project Name: Tributary to Decker Creek Fish Passage Project Project Description: At the request of the landowner, this project has been revised, and now involves the installation of new bridge crossing designed and installed to facilitate unimpeded fish passage, while attempting to retain functional wetland habitat that has developed over many years upstream of the project site. PROVISIONS 1. TIMING LIMITATIONS: The project may begirt Immediately and shall be completed by August 31, 2007, provided: a.Work below the ordinary high water line shall only occur between July 15th and August 31st of calendar years 2006 through 2007. 2. The temporary culvert shall only remain in place between July 16th and August 31st of calendar years 2006 and 2007, and the culvert shall be installed and maintained to pass all anticipated flows with consideration of the debris likely to be encountered. 3. Work shall conform to revised plans and specifications received by the Washington Department of Fish and Wildlife on June 16, 2006, associated with Forest Practices Application (FPA#2411378), except as modified by this Hydraulic Project Approval. TEMPORARY CULVERT 4. The temporary culvert shall consist of a single barrel 5. Imported fill which will remain in the stream after temporary culvert removal shall consist of clean, rounded, uniformly-graded gravel ranging in size from 1/4 to three inches in diameter. 6. The temporary culvert shall be installed in the dry or in isolation from stream flow by the installation of a bypass to divert the stream flow around the work area. Page 1 of 6 U Washington HYDRAULIC PROJECT APPROVAL Coastal Departrnent of 48 Devonshire Road FISH and RCW 77,55,021-Appeal pursuant to Chapter 34.05 RCW Montesano,WA 98563 WILDLIFE PM)249-4628 issue Date:June 21,2006 Control Number: 104503-2 Project Expiration Date:August 31,2007 FPNPublic Notice#: 2411378 7. Wastewater from project activities and de-watering shall be routed to an area outside the ordinary high water line to allow removal of fine sediment and other contaminants prior to being discharged to state waters. 8. Disturbance of the streambed and banks shall be limited to that necessary to place the temporary culvert and any required channel modification associated with it. BRIDGE INSTALLATION/CHANNEL RESTORATION 9. Excavation for the footings shall be completely separated from the stream by placing the footings landward of the top of the bank. 10. The streambed width re-established at the crossing ]ocaiton shall be a minimum of 12 feet in width. 11. The re-established channel at the crossing location shall, at a minimum, be similar in width, depth, floodplain configuration, and gradient, as the projected, historic channel which existed prior to installation of the existing road grade. 12. The re-established channel shall incorporate fish habitat components, streambed materials, and/or native or other approved vegetation equivalent to or of greater habitat value than that which previously existed. 13, The bridge shall be a minimum of 24 feet in length and shall be a maximum of 16 feet in overall width. 14. The bridge structure shall be placed in a manner to minimize damage to the streambed and banks. 15. The bridge shall be constructed to pass the 100-year peak flow with consideration of debris likely to be encountered. 16. Abutments, piers, piling, sills, approach fills, etc., shall not constrict the now and cause any appreciable increase (not to exceed 0.2 feet)in backwater elevation (calculated at the 100-year flood)or channel-wide scour, and shall be aligned to cause the least effect on the hydraulics of the stream. 17. Riprap materials used for structure protection shall be clean, angular rock, which shall be installed to withstand the 1 00-year peak flow. 18. Structures containing concrete shall be sufficiently cured prior to contact with water to avoid leaching. Fresh concrete shall not be allowed to come into contact with state waters. Page 2 of 6 Washington HYDRAULIC PROJECT APPROVAL coastal Department of 48 Devonshire Road FISH and RCW 77 55 C't-Appeal pursuant to Chapter 34.05 RCW Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date-June 21, 2006 Control Number: 104503-2 Project Expiration Date:August 31, 2007 FPA/Public Notice#: 2411378 19. Where aggregate or earth type material is used for paving or accumulates on the bridge, curbs, or wheel guards shall be installed and maintained to prevent the loss of this material into the stream. 20. Approach material shall be structurally stable and shall be composed of material that if eroded into the water shall not be detrimental to fish life. 21. The installation and removal of the temporary culvert for installation of the the bridge stringers and decking shall be conducted in the dry or in isolation from the stream flow by the installation of a bypass flume or diversion pipe, or by pumping the flow around the work area. 22. A sandbag revetment or similar device shall be installed at the bypass inlet to divert the entire flow through the bypass. 23. A sandbag revetment or similar device shall be installed at the downstream end of the bypass to prevent backwater from entering the work area. 24. If a bypass culvert or flume is used, it shall be of sufficient size to pass all flows and debris for the duration of the project. 25, If a pump is used for diverting water from the fish-bearing stream, it shall be equipped with a fish guard to prevent passage of fish into the diversion device pursuant to RCW 77.040 and 77,220. The pump intake shall be screened with 118-inch mesh to prevent fish from entering the system. The screened intake shall consist of a facility with enough surface area to ensure that the velocity through the screen is less than 0A feet per second. Screen water is withdrawn from the stream through the pump intake. The pump shall be large enough to pump the entire stream around the work areas. Once the pump is started, it shall run continuously until the streambed and banks in the work areas are restored. The pump discharge shall be placed downstream of the sandbag dam into an area that will not create erosion. 26, Upon completion of the project, all material used in the temporary bypass shall be removed from the site and the site returned to pre-project or improved conditions. 27. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, roadbed fill material, dirt, mud, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the stream. 28. Fresh concrete or concrete by-products shall not be allowed to enter the stream at any time during this project. All forms used for concrete shall be completely sealed to prevent the possibility of fresh concrete from getting into the stream. 29. If high flow conditions that may cause siltation are encountered during the project, work shall stop until the flow subsides. Page 3 of 6 Washington HYDRAULIC PROJECT APPROVAL Coastai 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.June 21, 2006 Control Number 104503-2 Project Expiration Date:August 31, 2007 FPA/Public Notice#: 2411378 30. All waste material such as excess dirt or spoils resulting from the project shaft be deposited in an approved upland disposal site so that it will not re-enter the stream or any other surface waters. 31. Equipment used for the project may operate below the ordinary high water line (OHWL), provided the drive mechanisms (wheels, tracks, tires, etc.) shall not enter or operate below the OHWL. 32. Disturbance of the streambed and banks shall be limited to that necessary to place the culvert, and any required channel modification associated with it. Affected streambed and bank areas outside the culvert and associated fill shall be restored to pre-project configuration following installation of the culvert. Within seven calendar days of project completion, all disturbed areas shall be protected from erosion using hay mulch, grass seed, or other effective means. 33. 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. PROJECT LOCATIONS Location #1 Unnamed Trib To Decker Creek WORK START: July 15, 2006 ORK W END; August 31. 2Q07 WRIA. Watertwdy: Tributary tc 22.0445 Decker Creek Satsop River 114 SEC Section: Township, Range Latitude: Longitude. (County i NW 1/4 18 20 N �06 W (N 47.22611 iW 123.48610 Mason Location 01 Dn Ling DKRCt!ons Actual Stream= Unnamed to Decker Cr. (No WRIA#)From Matlock General Store, go west on Deckerville Rd, approximately 4 miles. Project located on property to SE of owner's residence of 3671 Deckerville Rd.on an old I }grade,which can be accessed from the main county road. NOTES At the request of Jim Frost, on June 16, 2006, this Hydraulic Project Approval (HPA) is a provision change of the original HPA to allow for the installation of a bridge rather than a culvert. This HPA supersedes all previous HPAs issued for this project. 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. Page 4 of 6 Washington HYDRAULIC PROJECT APPROVAL coastal Department of 48 Devonshire Road FISH and RCW 77.55.021-Appeal pursuant to Chapter 34 05 RC`N Montesano.WA 98563 WILDLIFE (360)249-4628 Issue Date: June 21, 2006 Control Number: 104503-2 Project Expiration Date:August 31, 2007 FPA/Public Notice#: 2411378 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 toss 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 (8)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 Page 5 of 6 z Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77 55 021-Appeai pursuant to Chapter 34 05 RCW Montesano,WA 98563 1�c WILDLIFE (360)249-4628 Issue Date: June 21, 2006 Control Number: 104503-2 Project Expiration Date:August 31,2007 FPA/Public Notice#. 2411378 consideration of a timely informal appeal. If there has been an informat appeat,the deadline for requesting a format 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 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 3601459-6327. 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 360l459-6327. 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 Makoviney (31) P1 Habitat Biologist for Director Gary Bell 360-249-1228 WDFW CC:WRIA File, Olympia Jerry Johnson, DNR South Puget Sound Joel Green, Quinault Indian Nation Page 6 of 6