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Home My WebLink AboutHPA Pipeline - SHX Permit / Conditions - 10/29/2013 r � Washington Coastal Department of HYDRAULIC PROJECT APPROVAL 48 Devonshire Road " FISH and RCW 77.55.021-See appeal process at end of HPA Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:October 29, 2013 Control Number: 132281-1 Project Expiration Date: February 14,2015 FPA/Public Notice#: N/A PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Hartstene Pointe Water-Sewer District Gray&Osborne, Inc. ATTENTION: Mont Jeffreys ATTENTION:Adam Miller 772 Chesapeake Avenue 701 Dexter Avenue North, Suite 200 Shelton, WA 98584 Seattle, WA 98109 360-427-2413 206-284-0860 Fax:206-283-3206 Project Name: Hartstene Pointe WWTF Outfall Maintenance Project Description: Maintenance of the existing outfall pipeline. 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 saimonids. 2. Work shall be accomplished per plans and specifications approved by the Washington Department of Fish and Wildlife entitled JARPA and dated October 23, 2013, except as modified by this Hydraulic Project Approval. A copy of these plans shall be available on site during construction. 3. All manmade debris on the beach shall be removed and disposed of upland such that it does not enter waters of the state. 4. Use of equipment on the beach shall not occur when the project area is inundated by tidal waters. 5. Use of equipment on the beach shall be held to a minimum, confined to a single access point, and limited to a 25-foot work corridor parallel to the pipeline. Construction materials shall not touch the beach outside this work corridor. 6. Ail trenches, depressions, or holes created in the beach area shall be backfilled prior to inundation by tidal waters. 7. 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. 8. Project activities shall be conducted to minimize siltation of the beach area and bed. 9. 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 Military Department's Emergency Management Division at 1-800-258- Page 1 of 4 ` Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021 -See appeal process at end of HPA Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date: October 29,2013 Control Number: 132281-1 Project Expiration Date: February 14,2015 FPA/Public Notice#: N/A 5990, and to the Area Habitat Biologist listed below. 10. 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. 11. No petroleum products or other deleterious materials shall enter surface waters. 12. Project activities shall not degrade water quality to the detriment of fish life. PROJECT LOCATIONS Location #1 Hartstene Pointe WWTF/772 Chesapeake Dr WORK START: October 30, 2013 IWORK END: February 14, 2015 WRIA: Waterbody: Tributary to: 14,9130 1Wria 14 Marine Puget Sound 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: SE 1/4 19 21 N �01 W IN 47.2966 W 122.8439 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. This Hydraulic Project Approval does not authorize trespass. The person(s)to whom this Hydraulic Project Approval is issued and operator(s)performing the work may be held liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day and/or a gross misdemeanor charge,possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued under RCW 77.55.021 are subject to additional restrictions,conditions,or revocation if the Department of Fish and Wildlife determines that changed conditions require such action.The person(s)to whom this Hydraulic Project Approval is issued has the right to appeal those decisions. Procedures for Page 2 of 4 Washington HYDRAULIC PROJECT APPROVAL coastal Department of 48 Devonshire Road FISH and RCW 77.55Z21 -See appeal process at end of HPA Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date: October29, 2013 Control Number: 132281-1 Project Expiration Date:February 14, 2015 FPA/Public Notice#: N/A 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.A minor modification to the required work timing means up to a one-week deviation from the timing window in the HPA when there are no spawning or incubating fish present within the vicinity of the project. You may request subsequent minor modifications to the required work timing.A minor modification of the plans and specifications means any changes in the materials,characteristics or construction of your project that does not alter the project's impact to fish life or habitat and does not require a change in the provisions of the HPA to mitigate the impacts of the modification. Minor modifications do not require you to pay additional application fees or be issued a new HPA. To request a minor modification to your HPA,submit a written request that clearly indicates you are requesting a minor modification to an existing HPA. Include the HPA number and a description of the requested change and send by mail to:Washington Department of Fish and Wildlife, PO Box 43234,Olympia, Washington 98504-3234,or by email to HPAapplications@dfw.wa.gov. Do not include payment with your request. You should allow up to 45 days for the department to process your request. MAJOR MODIFICATIONS TO THIS HPA: You may request approval of major modifications to any aspect of your HPA. Any approved change other than a minor modification to your HPA will require issuance of a new HPA. If you paid an application fee for your original HPA you must include payment of$150 with your written request or request billing to an account previously established with the department. If you did not pay an application fee for the original HPA,no fee is required for a change to it.To request a major modification to your HPA, submit a written request that clearly indicates you are requesting a major modification to an existing HPA. Include the HPA number, check number or billing account number,and a description of the requested change.Send your written request and payment, if applicable, by mail to: Washington Department of Fish and Wildlife, PO Box 43234,Olympia,Washington 98504-3234. If you are charging the fee to a billing account number or you are not subject to the fee,you may email your request 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 220-110-340 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 Washington Department of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia,Washington 98501-1091; e-mail to HPAapplications@dfw.wa.gov; fax to(360)902-2946;or hand-delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor.WDFW must receive your request within 30 days from the date you receive notice of the decision. If you agree,and you applied for the HPA, resolution of the appeal may be facilitated through an informal conference with the WDFW employee responsible for the decision and a supervisor. If a resolution is not reached through the informal conference, or you are not the person who applied for the HPA,the HPA Appeals Coordinator or designee will conduct an informal hearing and recommend a decision to the Director or designee. If you are not satisfied with the results of the informal appeal, you may file a request for a formal appeal. Page 3 of 4 r ` --,. Washington Coastal Department of HYDRAULIC PROJECT APPROVAL 48 Devonshire Road FISH and RCW 77.55.021-See appeal process at end of HPA Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date: October 29,2013 Control Number: 132281-1 Project Expiration Date: February 14,2015 FPA/Public Notice#: N/A B. FORMAL APPEALS:WAC 220-110-350 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. 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 Washington Department of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia,Washington 98501-1091;e-mail to HPAapplications@dfw.wa.gov;fax to(360)902-2946; or hand-delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor.The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal,you may request a formal appeal within 30 days from the date you receive the Director's or designee's written decision in response to the informal appeal. C.FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS: If there is no timely request for an appeal,the WDFW action shall be final and unappealable. ENFORCEMENT: Sergeant Jackson (29) P3 Habitat Biologist F 1v,� for Director Margie Bigelow 360-427-2179 J WDFW i CC: Page 4 of 4