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Home My WebLink AboutHPA - BLD Permit / Conditions - 5/3/2006 Washington HYDRAULIC PROJECT APPROVAL Coastal � ` Department of 48 Devonshire Road FISH and RCW 77.55.141 -Appeal to Hydraulic Appeals Board Montesano,VR 9✓ ac WILDLIFE (360)249-4628 MAY 0 4 2006 Issue Date: April 27,2006 Control Number: 104707-1 MASON Project Expiration Date: February 14,2008 FPA/Public Notice#: N/A ' i'tAI'tl" a b�PI' PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Japhet Bulkheading Inc Robert Thompson ATTENTION:Jim Japhet 250 N. Ayock Beach Drive 1407 Summit Lake Shore Road NW Lillwaup, WA 98555 Olympia, WA 98502 360-866-0377 Fax: 360-866-7702 Project Name: Thompson Project Description: Construct concrete bulkhead 64 feet long. PROVISIONS 1. 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. 2. Work shall be accomplished per application approved by the Washington Department of Fish and Wildlife and dated June 7, 2005, 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. The waterward face of the concrete bulkhead shall be located no further waterward than four feet from the toe of the bank. 5. Bulkhead wing walls shall be angled 30 degrees to the bankline and riprap shall be placed at the intersection of the bankline and wing walls. 6. The top of the footing shall be buried a minimum of 18 inches below the preproject natural beach grade. 7. Wet concrete shall be prevented from entering waters of the state. Forms for any concrete structure shall be constructed to prevent leaching of wet concrete. Impervious materials shall be placed over any exposed concrete not lined with the forms that will come in contact with state waters. Forms and impervious materials shall remain in place until the concrete is cured. 8. Project activities shall not occur when the project area, including the work corridor (excluding the area occupied by a grounded barge), is inundated by tidal waters. 9. At least two clumps of large woody debris shall be anchored in front of the bulkhead. Wood shall be at least 18 inches diameter, 6 to 12 feet long with root wads attached. Page 1 of 5 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.141 -Appeal to Hydraulic Appeals Board Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:April 27,2006 Control Number: 104707-1 Project Expiration Date: February 14,2008 FPA/Public Notice#: N/A 10. 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 waterward of the footing. Construction materials shall not touch the beach outside this work corridor. 11. Bed material, other than material excavated for footings, shall not be utilized for project construction or fills. 12. Excavated materials containing silt, clay, or other fine grained soil shall not be stockpiled below the ordinary high water line. 13. If stockpiling of sand, gravel, and other coarse excavated material is conducted below the ordinary high water line, it shall be placed within a 25-foot work corridor waterward of the footing. 14. If sand, gravel, and other coarse excavated material is to be temporarily placed where it will come into contact with tidal waters, this material shall be covered with filter fabric and adequately secured to prevent erosion and/or potential entrainment of fish. 15. All excavated or stockpiled material shall be removed from the beach within 72 hours of bulkhead construction. Upon removal of the excavated material, the beach shall immediately be returned to the preproject natural grade. 16. Beach area depressions created during project activities shall be reshaped to preproject beach level upon project completion. 17. All trenches, depressions, or holes created in the beach area shall be backfilled prior to inundation by tidal waters. Trenches excavated for footings may remain open during construction. However, fish shall be prevented from entering such trenches. 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 77.55.141 -Appeal to Hydraulic Appeals Board Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date: April 27, 2006 Control Number: 104707-1 Project Expiration Date: February 14, 2008 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 Thompson WORK START: July 15, 2006 IWORK END: February 14, 2008 WRIA: Waterbody: Tributary to: 16.9120 �Wria 16 Marine Hood Canal 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: SW 1/4 �03 23 N 03 W IN 47.5072 W 123.0551 IMason Location#1 Driving Directions NOTES APPLY TO ALL HYDRAULIC PROJECT APPROVALS This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW(formerly RCW 77.20). Additional authorization from other public agencies may be necessary for this project. The person(s)to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies(local,state and/or federal) that may be necessary for this project. This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person(s)to whom this Hydraulic Project Approval is issued and operator(s)performing the work. Page 3 of 5 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.141 -Appeal to Hydraulic Appeals Board Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:April 27, 2006 Control Number: 104707-1 Project Expiration Date: February 14,2008 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 parry,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 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.141 -Appeal to Hydraulic Appeals Board Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date: April 27,2006 Control Number: 104707-1 Project Expiration Date: February 14,2008 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 Habitat Biologist a41dz t �rCJ� for Director Margie Schirato 360-427-2179 WDFW CC:Tammi Clark, Mason County DCD, P.O. Box 279, Shelton, WA 98584 Page 5 of 5