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HomeMy WebLinkAboutHPA Dock Project - BLD Permit / Conditions - 9/6/2023 PLANNING Washington Department of Fish&Wildlife HYDRAULIC PROJECT APPROVAL PO Box 43234 µDwbud Olympia,WA 98504-3234 �W WMIT RECEIVED (360)902-2200 Issued Date: July 18, 2023 Permit Number: 2023-6-284+01 Project End Date: July 17, 2028 SEP - 6 2023 FPA/Public Notice Number: N/A 615 W. Alder Street Application ID: 29893 PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Marine Floats Marc Morris ATTENTION:John Kavanaugh PO Box 145 313 East F St Grapeview, WA 98546-0145 Tacoma, WA 98421-1 71 0 Project Name: Morris Dock Project Project Description: Furnish and drive (4) 8"galvanized steel pier pile and (4) 10"galvanized steel float piling. Install prefabricated pier, ramp and float that includes the following: (1) 6'X 61'(6'X 58'overwater) aluminum grated pier, (1) 3' X 40' (3'X 34'overwater) aluminum grated ramp, (1) 8'X 30'float with polyethylene foam filled tub floatation with 50%grating and 50% composite decking. All grating to be 100%fiberglass with 69%open area. PROVISIONS AUTHORIZED WORK TIMES 1. TIMING LIMITATION: Due to the year around spawning period for surf smelt in this portion of Puget Sound and other fish and shellfish habitats present at the job site,work will be allowed from July 15 through December 31 and January 1 through February 15 of any year if a biologist approved by the Department of Fish and Wildlife does not detect surf smelt eggs during a beach survey. Work must begin within seventy-two hours of survey and you must complete the work within two weeks of the survey. The biologist must follow the department-approved intertidal forage fish spawning protocol and use the standard department data sheets when conducting forage fish spawning beach surveys. Further information is available on the department's web site http://wdtw.wa.gov/licensing/hpa/technical_assistance.html . The biologist must submit the completed, data sheets to the department within seventy-two hours of completing the survey to WDFW by e-mail at HPAapplications@dfw.wa.gov; mail to Post Office Box 43234, Olympia, Washington 98504-3234;or fax to (360) 902- 2946. In addition, the biologist must preserve the winnowed portion of the sediment samples and retain them for a minimum of four weeks. The sediment samples must be provided to WDFW staff upon request. 2. APPROVED PLANS:Work must be accomplished per plans and specifications submitted with the application and approved by the Washington Department of Fish and Wildlife, entitled "Morris- Ratteree CORPs 11.2.22.pdf", received May 23, 2023, "5.10.23 Morris - Ratterree CORPS Mitigation Plan.pdf", received May 23, 2023, and "MITIGATIONDRAWINGS6.5.23.pdf", received June 5, 2023, except as modified by this Hydraulic Project Approval (HPA). You must have a copy of these plans and HPA available on site during all phases of the project construction. NOTIFICATION 3. 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 Page 1 of 7 Washington Department of Fish&Wildlife HYDRAULIC PROJECT APPROVAL PO Box43234 w � Olympia,WA 98504-3234 FLSH.w WILDLIFE (360)902-2200 Issued Date: July 18, 2023 Permit Number: 2023-6-284+01 Project End Date: July 17, 2028 FPA/Public Notice Number: N/A Application ID: 29893 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. 4. 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. REQUIRED COMPENSATORY MITIGATION 5. Mitigation for this project must be implemented as described in "5.10.23 Morris - Ratterree CORPS Mitigation Plan.pdf"and "MITIGATIONDRAWINGS6.5.23.pdf", found in the document section of the application. On-site mitigation shall consist of the removal of the existing 64 square foot solid decked swim float. Off-site mitigation shall consist of (1) removal of 6'x20' solid decked float, (2) removal of 8'x20'solid decked float, (3) removal of 3-12"diameter creosote pilings, (4) removal of 3 tires filled with loose filled foam. Dispose of deck, pilings, tires, and associated materials at an appropriate upland disposal location. 6. Remove the existing floats, tires, and associated materials from waters of the state. Do not relocate the structure within waters of the state without written authorization from Washington Department of Fish and Wildlife. 7. Piling removal: a. Vibratory or direct pull 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 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. STAGING, JOB SITE ACCESS AND EQUIPMENT 8. Establish the staging area (used for activities such as equipment storage, vehicle storage, fueling, servicing, and hazardous material storage) in a location and manner that will prevent contaminants like petroleum products, hydraulic fluid,fresh concrete, sediments, sediment-laden water, chemicals, or any other toxic or harmful materials from entering waters of the state. 9. Check equipment daily for leaks and complete any required repairs before using the equipment in or near the water. 10. 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. 11. Operate vessels during tidal elevations that are adequate to prevent grounding of the barge. 12. Operate vessels with minimal propulsion power to avoid prop scour damage to the bed and marine vegetation habitats. 13. Maintain anchor cable tension, set and retrieve anchors vertically, and prevent mooring cables from dragging to avoid impacts to seagrass, kelp, and other macroalgae. Page 2of7 Washington Department of Fish&Wildlife HYDRAULIC PROJECT APPROVAL PO Box43234 wnd Olympia,WA 98504-3234 FISH as WILDLIFE (360)902-2200 Issued Date: July 18, 2023 Permit Number: 2023-6-284+01 Project End Date: July 17, 2028 FPA/Public Notice Number: N/A Application ID: 29893 CONSTRUCTION-RELATED SEDIMENT, EROSION AND POLLUTION CONTAINMENT 14. Prevent contaminants from the project,such as petroleum products, hydraulic fluid, concrete dust, sediments, sediment-laden water, chemicals, or any other toxic or harmful materials,from entering or leaching into waters of the state. PIER, RAMP, FLOAT 15. The bottom of the pier must be at least six feet above the bed at the landward end. 16. The pier, ramp, and float structure must not exceed a total length of 125 feet. 17. The structure must not exceed the following widths;the 61 —foot long pier, 6 feet,the 40—foot long ramp, 3 feet, and the 30—foot long rectangular shaped float, 8 feet. 18. The structure must include functional grating. The grating material's open area must be at least sixty two percent. a.The pier and ramp must have one hundred percent of the entire deck surface covered in functional grating. b.The float must have at least fifty one percent of the entire deck surface covered in functional grating. Orient grating so the lengthwise opening maximizes the amount of light penetration. Any objects that are not part of the structure on, above, or below the grating should not block light penetration. Flotation must be located under the solid decked area only. 19. The bottom of the float must be at least one foot above the substrate so that the structure will not rest on the bottom. 20. Fully enclose and contain flotation for the structure in a shell (tub). The shell or wrap must prevent breakup or loss of the flotation material into the water. The shell or wrap must not be readily subject to damage by ultraviolet radiation and abrasion. 21. Do not construct skirting, including batter fencing, around piers, docks or floats. 22. Use of treated wood for decking is not authorized, but may be used for structural elements. Treated wood subject to abrasion by vessels, floats, or other objects must incorporate approved design features such as rub strips to minimize abrasion of the wood. Use of tires is not approved unless proper post-treatment for aquatic environments is performed. Wood treated with waterborne preservative chemicals (ACZA, ACQ) may be used if approved by the Western Wood Preservers Institute for use in the aquatic environment. Any use of treated wood in the aquatic environment must follow guidelines and best management practices available at www.wwpinstitute.org. PILE DRIVING 23. As specified in the approved plans,four pilings must be 8 inch steel and four pilings must be 10inch steel. 24. 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. 25. Fit all pilings with devices to prevent perching by fish-eating birds. 26. 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. 27. Use appropriate sound attenuation when driving or proofing steel piling with an impact hammer. For driving or proofing steel piling, 10 inches in diameter or less, install a 6 inch thick wood block, plastic or rubber between the piling and the impact hammer during impact pile driving operations or install a pile sleeve or bubble curtain around the piling during impact pile driving operations that distributes air bubbles around 100%of the perimeter of the piling over the full depth of the water column. DEMOBILIZATION/CLEANUP 28. Reshape beach area depressions created during project activities to preproject beach level upon project completion. Page 3 of 7 Washington Department of Fish &Wildlife HYDRAULIC PROJECT APPROVAL PO Box 43234 wtkn�or Olympia,WA 98504-3234 FISH_d WILDLH (360) 902-2200 Issued Date: July 18, 2023 Permit Number: 2023-6-284+01 Project End Date: July 17, 2028 FPA/Public Notice Number: N/A Application ID: 29893 29. Remove all debris or deleterious material resulting from construction from the beach area or bed and prevent from entering waters of the state. 30. 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, from the project area and deposit upland in an approved location. LOCATION #1: Site Name: Morris Residence 263 E Stretch Island Rd, Grapeview, WA 98546 WORK START: July 18, 2023 WORK END: July 17, 2028 WRIA Waterbodv: 'Tributary to: 14 - Kennedy - Goldsborough Wria 14 Marine 8675 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: 08 21 N 01 W 47.330249 �'-122.829851 Mason Location #1 Drivina Directions From Shelton WA, take WA-3 North Turn on E Grapeview Loop Rd Follow E Grapeview Loop Rd until you reach E Eckert Rd Follow E Eckert Rd over the bridge on to Stretch Island Turn left onto Wilkes Rd which will become Stretch Island Rd N Follow Stretch Island Rd N until you reach 263 Stretch Island Rd N on Left. LOCATION #2: Site Name: Leslie Andrus Off-Site Mitigation 4450 E Grapeview Loop Rd, Grapeview, WA 98546 WORK START: July 18, 2023 _ 1 WORK END: July 17, 2028 WRIA Waterbodv: 'Tributary to: 14 - Kennedy - Goldsborough Wria 14 Marine !8675 1/4 SEC: Section: Township: Ranae: Latitude: Longitude: County: 08 21 N 01 W 47.32945 122.83267 Mason Location #2 Drivina Directions j Slight right onto WA-302 Continue straight onto E North Bay Rd Merge onto WA-3 S Follow E Grapeview Loop Rd to Jib St Turn left onto E Grapeview Loop Rd Turn left onto Jib St Destination will be on the right. Page 4 of 7 Washington Department of Fish&Wildlife HYDRAULIC PROJECT APPROVAL PO Box 43234 Wd Olympia,WA 98504-3234 fflf.w WILDOF (360)902-2200 Issued Date: July 18, 2023 Permit Number: 2023-6-284+01 Project End Date: July 17, 2028 FPA/Public Notice Number: N/A Application ID: 29893 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. 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 civil action against you, including, but not limited to, a stop work order or notice to comply, and/or a gross misdemeanor criminal 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. 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. You should allow up to 45 days for the department to process your request. Page 5 of 7 Washington Department of Fish&Wildlife HYDRAULIC PROJECT APPROVAL PO Box 43234 W, Olympia,WA 98504-3234 FISH w WILDUT (360)902-2200 Issued Date: July 18, 2023 Permit Number: 2023-6-284+01 Project End Date: July 17, 2028 FPA/Public Notice Number: N/A Application ID: 29893 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 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, and the requestor's signature. Send your written request 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. 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, PO Box 43234, Olympia, Washington 98504-3234; 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. 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 may conduct an informal hearing or review 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 6 of 7 Washington Department of Fish&Wildlife HYDRAULIC PROJECT APPROVAL PO Box 43234 Olympia,WA 98504-3234 FISH.A&DLIFE (360)902-2200 Issued Date: July 18, 2023 Permit Number: 2023-6-284+01 Project End Date: July 17, 2028 FPA/Public Notice Number: N/A Application ID: 29893 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, PO Box 43234, Olympia, Washington 98504-3234; 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 Jennifer.eberly@dfw.wa.gov for Director Jennifer Eberly 360-584-4731 WDFW Page 7 of 7