Loading...
HomeMy WebLinkAboutHPA Bulkhead - BLD Permit / Conditions - 10/10/2014 Washington Department of Fish 8 Wildlife HYDRAULIC PROJECT APPROVAL PO Box43234 FISH RTLIiLIFF Olympia,WA 98504-3234 (360)902-2200 Issued Date: October 10, 2014 Permit Number: 2014-6-275+01 Project End Date: February 14, 2017 FPA/Public Notice Number: N/A Application ID: 1580 PERMITTEE AUTHORIZED AGENT OR CONTRACTOR MWD Consultants LLC Chad Goelzer ATTENTION: Michael Dully 8212 65th Ave East 221 NE Landon Rd Puyallup, WA 98371 Belfair, WA 98528 Project Name: Goelzer Bulkhead Project Description: Rock bulkhead at shoreline (landward from MHHW)T to 4' high and 70'long (parallel to shoreline). PROVISIONS 1. The project may begin October 10, 2014 and shall be completed by February 14, 2017. 2. 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 salmonids. 3. NOTIFICATION REQUIREMENT: The Area Habitat Biologist (AHB) listed below shall receive written notification (FAX 360-427-2139 or email Margaret.Bigelow@dfw.wa.gov)from the person to whom this Hydraulic Project Approval (HPA)is issued (permittee)or the agent/contractor no less than three working days prior to the start of construction activities. The notification shall include the permittee's name, project location, starting date for work, and the control number for this HPA. 4. NOTIFICATION REQUIREMENT: The Enforcement Sergeant listed below shall receive written notification (FAX 360 -664-0689 or email Theodore.Jackson@dfw.wa.gov)from the person to whom this Hydraulic Project Approval (HPA)is issued (permittee)or the agent/contractor no less than three working days prior to start of work, and again within seven days of completion of work to arrange for a compliance inspection. The notification shall include the permittee's name, project location, starting date for work or completion date of work, and the control number for this HPA. 5. Work shall be accomplished per plans and specifications approved by the Washington Department of Fish and Wildlife entitled Goelzer Bulkhead and dated September 10, 2013, except as modified by this Hydraulic Project Approval. A copy of these plans shall be available on site during construction. 6.All manmade debris on the beach shall be removed and disposed of upland such that it does not enter waters of the state. 7. 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. 8. 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. 9. The waterward face of the rock bulkhead shall follow the contour of the existing natural bankline no further waterward than 4 feet from the toe of the bank. 10. Bulkhead wing walls shall be angled 30 degrees to the bankline. Page 1 of 5 F � Washington Department of Fish&Wildlife HYDRAULIC PROJECT APPROVAL PO Box43234 nor Olympia,WA 98504-3234 FISH�aWlLDLIFE (360)902-2200 Issued Date: October 10, 2014 Permit Number: 2014-6-275+01 Project End Date: February 14, 2017 FPA/Public Notice Number: N/A Application ID: 1580 11. Base rocks shall be buried a minimum of 18 inches below the preproject natural beach grade. 12. Rock for the bulkhead shall be composed of clean, angular material of a sufficient durability and size to prevent its being broken up or washed away by high water or wave action. 13.All upland drainage tightlines shall be incorporated into the bulkhead near beach grade to prevent erosion of the shoreline. 14. 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. 15. Use of equipment on the beach shall be held to a minimum, confined to a single access point, and limited to a 50- foot work corridor waterward of the base rocks. Construction materials shall not touch the beach outside this work corridor. 16. Bed material, other than material excavated for base rocks, shall not be utilized for project construction or fills. 17. Excavated materials containing silt, clay, or other fine grained soil shall not be stockpiled below the ordinary high water line. 18. 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 base rocks. 19. 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. 20. 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. 21. Beach area depressions created during project activities shall be reshaped to preproject beach level upon project completion. 22. All trenches, depressions, or holes created in the beach area shall be backfilled prior to inundation by tidal waters. Trenches excavated for base rocks may remain open during construction. However,fish shall be prevented from entering such trenches. 23. Project activities shall be conducted to minimize siltation of the beach area and bed. 24. 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 1-800-258-5990, and to the Area Habitat Biologist listed below. 25. 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. 26. No petroleum products or other deleterious materials shall enter surface waters. 27. 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. 28. Project activities shall not degrade water quality to the detriment of fish life. LOCATION #1: Site Name: Goelzer Bulkhead 11 E Shoreline PI, Shelton, WA 98584 WORK START: October 10, 2014 WORK END: February 14, 2017 Page 2 of 5 1 Washington Department of Fish 8 Wildlife HYDRAULIC PROJECT APPROVAL PO Box43234 .1 =>;,•w=°• Olympia,WA 98504-3234 F7SH.,e WULUT (360)902-2200 Issued Date: October 10, 2014 Permit Number: 2014-6-275+01 Project End Date: February 14, 2017 FPA/Public Notice Number: N/A Application ID: 1580 WRIA Waterbody: Tributary to: 14- Kennedy- Goldsborough Wria 14 Marine 1/4 SEC: Section: Township: Range: Latitude: Longitude: Coun : NE 1/4 04 20 N 03 W 47.21059 -123.06866 Mason Location #1 Driving Directions From SR-3, turn south on E.Agate Rd. 3.8 miles to East Crestview Dr. Right for 2.5 miles, slight left to E. Shorecrest Dr 0.3 miles, first right onto Midway Dr. for 0.07 miles, left onto E. Shoreline PI, 11 E. Shoreline PI. at end of road. 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 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 filing appeals are listed below. Page 3 of 5 Washington Department of Fish&Wildlife HYDRAULIC PROJECT APPROVAL PO Box 43234 F7SHo�NTLIILIFE Olympia,WA98504-3234 (360)902-2200 Issued Date: October 10, 2014 Permit Number: 2014-6-275+01 Project End Date: February 14, 2017 FPA/Public Notice Number: N/A Application ID: 1580 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. 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 do not use APPS you must submit a written request that clearly indicates you are seeking 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 pay an additional$150 for the major modification. If you did not pay an application fee for the original HPA, no fee is required for a change to it. 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 do not use APPS you must submit a written request that clearly indicates you are requesting a major modification to an existing HPA. Include the HPA number, check, 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. 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 concems, you may advance your appeal to the formal process.You may contact the HPA Appeals Coordinator at 060)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. Page 4 of 5 Washington Department of Fish&Wildlife HYDRAULIC PROJECT APPROVAL PO Box43234 asPs,,,rx r Olympia,WA 98504-3234 FISH�a if4LDL[F�' (360)902-2200 Issued Date: October 10, 2014 Permit Number: 2014-6-275+01 Project End Date: February 14, 2017 FPA/Public Notice Number: N/A Application ID: 1580 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. 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. Habitat Biologist Margaret.Bigelow@dfw.wa.gov '' {, �� for Director Margie Bigelow 360-427-2179 WDFW Page 5 of 5