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Home My WebLink AboutHPA - BLD Permit / Conditions - 2/1/1993 RoF,!rt Turner \t. Acting Director �_ FEg 0 9 19g 3y1 INN9 a0 MWSON CO. PLANN}NG KEPT. STATE OF WASHINGTON DEPARTMENT OF FISHERIES 115 General Administration Building, M.S. AX-71 • Olympia, Washington 98504 e (206) 753-6600 • (SCAN) 234-6600 February 1, 1993 Evelyn and Dave Murnen 410 Prospect Avenue Hoquiam, Washington 98550 SUBJECT: After-the-Fact Hydraulic Project Application - Log Bulkhead Repair - Hood Canal, Tributary to Admiralty Inlet, Section 24, Township 22 North, Range 03 West, Mason County, WDF Log No. 00-58177-02, WRIA 14 .MARI Dear Ms. and Mr. Murnen: On January 26, 1993 , a meeting was held at the project site to discuss the above-identified project. The meeting was attended by Tim Flint, Supervisor Marine Permits Habitat Management; Neil Rickard, Regional Habitat Manager; Don Brush, Mason County Department of Community Development; three members of the Murnen family; and William T. Lynn, Attorney at Law. Information presented at the meeting included a videotape, additional photographs, historical background of the bulkhead, and details regarding the repairs undertaken during August 1992 . Washington Department of Fisheries (WDF) has reviewed the above- referenced information and is satisfied that the purpose of the project was the repair of an existing 62-year-old log bulkhead. The project did not result in any waterward encroachment of the bulkhead and therefore did not result in the permanent loss of any intertidal fish habitat. In addition, the project was undertaken during a period of time when WDF typically approves of such construction. We did express concerns regarding the use of concrete. However, based on the quantity of concrete used and the period of time when construction occurred, the impacts to fish life were not anticipated to be extensive. As we indicated in our letter of December 15, 1992 , the Revised Code of Washington (RCW 75 . 20. 100) states " . . . in the event that any person . . . desires to construct any form of hydraulic project or perform other work that will use, divert, obstruct, or change the natural flow or bed of any of the salt . . . waters of the state, such person . . . shall, before commencing construction or work thereon and to ensure the proper protection of fish life, secure the written approval of the Department of Fisheries . . . as to the adequacy of the means proposed for the protection of fish life. " Any individual conducting any activity subject to the above-referenced RCW without first obtaining a Hydraulic Project Approval (HPA) from WDF or the Department of Wildlife is guilty of a gross misdemeanor (Washington Administrative Code, WAC 220-110-030 (16) ) and may be subject to legal action. Therefore, WDF does not issue after-the- fact HPAs. ' +•J I 1 Evelyn and Dave Murnen February 1, 1993 Page 2 As we indicated in our previous letter, the repairs to the existing bulkhead, conducted without WDF's written approval were in violation of the above-referenced RCW. According to our records, this is your first violation. In addition, your application and information presented at the January 26, 1993 , meeting indicates that you were unaware of your responsibility for securing an HPA prior to initiating construction activities. Based on these facts, WDF will not pursue legal action against you. All future work below the ordinary high water (OHW) mark, including additional repairs to the bulkhead to prevent erosion of fill from behind the structure, will require issuance of HPAs. Any future hydraulic violations will warrant issuance of a citation. We appreciate your cooperation in our efforts to protect, perpetuate, and manage the fish resources of the state of Washington. If you have any questions regarding the status of your application, please contact Neil Rickard, Regional Habitat Manager, at (206) 902-2574 . Sincerely, R. Timothy Flint Supervisor, Marine Permits Habitat Management Division RTF:NR: lt: 24 :VIO58177 .H02 cc: Tuggle, WDF, Patrol Don Brush, Mason County, DCD William T. Lynn, Attorney at Law RF(%.;: Fv n �STAr,. Robert Turner Acting Director = r DEC 2 8 1992om s = ��'� lase any MASON CO. PLANNING D(U'T STATE OF WASHINGTON DEPARTMENT OF FISHERIES 115 General Administration Building, M.S. AX-11 • Olympia, Washington 98504 • (2(a5) 753-6600 • (SC9)\) 2s-1-ho(W) December 15, 1992 Evelyn and Dave Murnen 410 Prospect Avenue Hoquiam, Washington 98550 SUBJECT: After The Fact Hydraulic Project Application -- Log Bulkhead Repair - Hood Canal, Tributary to Admiralty Inlet, Section 24, Township 22 North, Range 03 West, Mason County, WDF Log No. 00-58177-01, WRIA 14 .MARI Dear Ms. Murnen and Mr. Murnen: The Washington Department of Fisheries (WDF) received the above- referenced after the fact hydraulic project application on November 19 , 1992 . Neil Rickard, WDF Regional Habitat Manager, Don Brush and Jason Manassee, both from Mason. County Department of Community Development, inspected the project site on December 1, 1992 . In addition, on December 7 , 1992 , WDF received plans and specifications for the project and photographs of the site from Mason County, taken during and after construction. The application indicates the purpose of the project was the repair of a 62 year old log bulkhead. The photographs, plans, and specifi- cations indicate that prior to such repairs the structure consisted of a single row of logs above beach grade located 15 feet waterward of a timber bank protective structure on the west side of the property. The plans and specifications indicate that additional logs existed below beach grade. Since the logs did not protect upland development and were not backed by fill, WDF classifies them as beach debris and not a bulkhead. The photographs show that prior to construction, the area between the logs and the bank protective structure was located below the ordinary high waterline and was tidally inundated on a regular basis. The area consisted of gravel and shell substrate, wetland vegetation, and drift debris. The photographs indicate that the gravel substrate west of the wetland vegetation was of appropriate size and quality to provide spawning substrate for surf smelt. Additional spawning substrate may have existed east of such vegetation. The plans and specifications indicate the finished log bulkhead was constructed above the previously existing row of logs. The bulkhead is 84 feet in length across the face, 100 feet in length between the .? :.3 Evelyn and Dave Murnen December 21, 1992 Page 2 wing wall ends, and is approximately five feet in height above beach grade. Measurements taken during the site inspection indicate that the bulkhead face is 15 feet waterward of the timber bank protective structure on the west side of the property and approximately sixteen feet waterward of the bankline at the east end of the property. Construction of the new log bulkhead and fill has resulted in the permanent loss of approximately 1400 square feet of intertidal fish habitat. This habitat includes unknown quantities of critically important surf smelt spawning habitat and an unknown quantity of tidally inundated wetland vegetation. In addition, approximately 1, 400 square feet of juvenile salmonid and juvenile marine fish feeding and rearing area ' s and juvenile salmonid migratory corridor has been permanently lost. The Revised Code of Washington (RCW 75. 20. 100) states "in the event that any person. . .desires to construct any form of hydraulic project or perform other work that will use, divert, obstruct, or change the natural flow or bed of, any of the salt. . .waters of the state, such person. . . shall, before commencing construction or work thereon and to ensure the proper protection of fish life, secure the written approval of the Department of Fisheries. . . as to the adequacy of the means proposed for the protection of fish life. " Any individual conducting any activity subject to the above-referenced RCW without first obtaining a Hydraulic Project Approval (HPA) from WDF or the Department of Wildlife is guilty of a gross misdemeanor (Washington Administrative Code, WAC 220-110-030 (16) ) and may be subject to legal action. Therefore, WDF does not issue after-the-fact HPA' s. The above-referenced project, conducted without WDF ' s written approval, is in violation of the above-referenced RCW. According to our records this is your first violation. In addition, your application indicates that you were unaware of your responsibility for securing an HPA prior to initiating construction activities. Based on these facts, WDF will not pursue legal action against you contingent upon your compliance with the following requirements : 1 . Carry out the following remedial action: a. Remove all fill material upland to the previously existing bankline and the previously existing timber bank protective structure. Remove the new log bulkhead materials, and the previously existing base logs. b. Wetland vegetation destroyed as a result of the project shall be fully restored using proven methods. A wetlands specialist, approved by WDF, shall be retained by the applicant or contractor to develop a restoration plan and perform the restoration. Evelyn and Dave Murnen December 21, 1992 Page 3 C. The beach waterward of the bankline on either side of the wetland vegetation shall be graveled in compliance with the following specifications: (1) Gravel shall be clean round "pea gravel" , not crushed. (2) At least 80 percent of the gravel shall be sized between 1/16 inch and 1/4 inch in diameter. (3) Gravel shall be spread along the entire length of the project area, excluding restored wetland vegetation, waterward for a distance of 20 lineal feet to a uniform depth of six (6) inches. 2 . Submit revised plans for the above-identified application to WDF for an HPA to carry out the above-referenced remedial action within 30 days of receipt of this letter. 3 . Habitat restoration shall be undertaken between March 1, 1993 and March 14 , 1993 or between June 15, 1993 and September 9 , 1993 . WDF will issue an HPA for the remedial action upon receipt of complete plans and specifications for the habitat restoration and a notice of compliance with the State Environmental Policy Act (SEPA) . SEPA is required by law prior to issuance of the Hydraulic Project Approval. As soon as the SEPA process has been completed, please provide written notification of compliance, from your local jurisdiction, so this matter may be resolved in a timely manner. All future work below the ordinary high water (OHW) will require issuance of HPAs. Any future hydraulic violations will warrant issuance of a citation. We appreciate your cooperation in our efforts to protect, perpetuate and manage the fish resources of the state of Washington. If you have any questions regarding the status of your application, please contact Neil Rickard, Regional Habitat Manager, at (206) 902-2574 . Sincerely, R. Timothy Flint Supervisor, Marine Permits Habitat Management Division RTF:NR: lmh cc: Tuggle - WDF, Patrol Don Brush - Mason Co. DCD HYDRAULIC PROJECT ` APPLICATION - - (R.C.W. 73.20.100) ARTMENT OF WILDLIFE (R.C.W. 73.20.103) DEPARTMENT OF FISMER1ES 800 Caoitoi Way NorthGenerai 01ym PLEASE POINT OR TYPE 01�, W..hinaton 9850a Olympias atdhinatonl98304 (206) 753.5897 DO NOT WRITE IN SHADED AREA (206) 733-6650 G LAST WAM( 94031' COMrACT 0"0ME131 (�t0 MUrilen _F,� p1j 9:*�* ..��'` 1� M•w r71N�'wiY j. Evelyn (Dave) 533-7828• F 3Tli*T an "AL MOVIE � - .L.t. .1�••1 :5 l� 410 Prospect Ave IU city !T►r` Li Hoquiam WA 98550 .► _ WATER Hood Canal r"Nuf"r to TTr•E O/ POCACT tor n OVARr(R SECnoft rpwnsw SAWA IE.wI COUNIV SECTION 24 22 3 Mason 1:�:�' DEBCRIPT)O)r.OF aAlORX •METHOD :AND. Repair of an existing wood bulkhead using 1211 diameter logs which match the original 62 year old structure. All work will be done-with ha-n'd -tools and the labor -Firformed by family members and friends. The damaged logs .-replace( are above mean high tide. Mean high tide was determined .by observing Repair those -logs which did not need to be replaced were constantly bathed by the majority of high tides. We believe, again thtough observation and tidebook that 10.' is mean hicrh tide in our area. No replacement is below the 000"3E0 STARTING OME I000013E0 Prta9Mo WIE The work is completed not realizi g a pe Imit was required for repairing. ®SE►A ACENCY10Ar1 OF otrERur..no» application included it ormon "OW13 Mason County buildinf pe knit IT i3 uNOEF11T00o THAT NO W01nc WILL UNE OATt K STAFIT[O UNTIL A S1GN[O AMRQVAL is 1,110 ' �..: :.............. ...... .. .............:. '•ei�I .y. i•�:• .t. �;^�.. •�.M .. _%••f• yp•}�t�. 'Lw.............. .. .__...::.».wL�.L:' ..,i L.n i".•»I• r• ..1. ' ... -^+ •+ .. .h•�.c. :�.:p.,'sir'.`.")Z�sr'�y -''Si�_�Vo�;��c�; �i- { r August 19 1992 Dave Murnen 1505 W. 1st Aberdeen, Wa. 98520 Re: Bulkhead repair, South Shore Hood Canal Dear Mr. Murnen: Thank you for responding to our concern regarding the recent repair work performed on your existing bulkhead. As we discussed, a Mason County building permit and an environmental checklist are required for such developments . In addition, please include a site plan and construction drawings . Included in the packet I am sending you is an application for a Hydraulic Project Approval required for any work performed on salt water shorelines. The Department of Fisheries is the agency you should send the application form to. Neil Rickard is the habitat biologist for this area. While they do not generally require after-the-fact permits they will need to determine if the wall, as constructed, is in compliance with state law. If you have any questions give me a call . Processing time for the permits is roughly a month. If you have any finish-up work needed to be undertaken on the bulkhead I would suggest waiting until permits have been obtained. Thank you for your cooperation. Respectfully, Don Brush, Planner Department of Community Development