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HomeMy WebLinkAboutHPA - BLD Permit / Conditions - 10/24/1997 HYDRAULIC PROJECT APPROVAL ( R.C.W. 7 5 .2 0 . 10 0 R.C.A. 7 5 .2 0. 10 3 �] October 24, 1997 �e� 0 DEPARTMENT OF FISHERIES (applicant should refer to this date in all correspondence) PAGE 1 OF 3 PAGES 10 LAST NAME FIRST 18 CONTACT PHONE(S) CONTROL NUMBER McDowell, Dennis (360) 779-5469 00-B8607-02 19 STREET OR RURAL ROUTE ® WRIA 28920 Beach Drive Northeast 15.MARI ITY STATE ZIP 14 17 PouTsbo WA 98370 12 ATE R TRI UT4RY T 11 TYPE OF PROJECT Hood Canal Aimira�ty Inlet Construct Marine 13 UARTER SECTION TOWNSHIP RANGE(E-W) COUNTY SECTION NW 35 22N 03W Mason Railway TIME LIMITATIONS: 51 THIS PROJECT MAY BEGIN ©AND MUST BE COMPLETED BY Immediately-Pry 1 March 14, 1999-Pry 1 THIS APPROVAL IS TO BE AVAILABLE ON THE JOB SITE AT ALL TIMES AND ITS PROVISIONS FOLLOWED BY THE PERMITTEE AND OPERATOR PERFORMING THE WORK. SEE IMPORTANT GENERAL PROVISIONS ON REVERSE SIDE OF APPROVAI NOTE: The agency name address, phone number, and logo at the top of this Hydraulic project Approval (HPA) are incorrect. The correct name and address are: Washington Department of Fish and Wildlife (WDFW) , 600 Capitol Way North, Olympia, WA 98501-1091. If you have any questions or need additional information, please contact the Area Habitat Biologist (AHB) identified at the bottom of this page of the HPA. WDFW has reviewed your plans received on December 23, 1996 and reviewed amended plans received on July 15, 1997 August 21, 1997, and September 12 , 1997. This pro]ect is approved as illustrated in your August 2 , 1997 and September 12, 1997 amended plans subject to the following provisions. 1. ADDITIONAL TIMING LIMITATIONS: a) Work below the ordinar high water line shall not occur from March 15/through June4 of any ear for the protection of migrating juvenile salOnids. `—'tea) work below the ordinary high Water line shall not occur from September 15,, through December 31 and from January 1 through March 1 of any year for the protection of surf smelt spawning beds. 2 . All manmade debris on the beach shall be removed and disposed of upland such that it does not enter waters of the state. 3 . The marine railway shall not exceed 50 f in total length. SEPA: DNS by Mason County final January 29, 1997-11""" REGIONAL HABITAT MANAGER - Neil Rickard (360) 664-4671 PATROL - Ohlde 029 [P2] APPLICANT - WILDLIFE - READER - PATROL - HAB. MGR. - WRIA DEPARTMENT OF FISHERIES 1�' `� -� DIRECTOR WASHINGTON DEPARTMENT OF FISH AND WILDUFE 600 CAPITOL WAY NORTH OLYMPIA,WASHINGTON 98501-1091 (360) 902-2534 This Hydraulic Project Approval pertains only to the provisions of the Fisheries Code (RCW 75.20). Additional authorization from other public agencies may be necessary for this project GENERAL PROVISIONS This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the permittee 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 may be held liable for any loss or damage to fish life or fish habitat which 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 or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 75.20.100 or 75.20.160 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 permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All Hydraulic Project Approvals issued pursuant to RCW 7520.103 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the penmittee: PROVIDED HOWEVER,that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 7520.130. APPEALS -GENERAL INFORMATION IF YOU WISH TO APPEAL A DENIAL OF OR CONDITIONS PROVIDED IN A HYDRAULIC PROJECT APPROVAL,THERE ARE INFORMAL AND FORMAL APPEAL PROCESSES AVAILABLE A. INFORMAL APPEALS(WAC 220-110-W) OF DEPARTWW ACTIONS TAKEN PURSUANT TO RCW 75.20.100, 75.20.103, 75.20.106, AND 75.20.160. 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 nude part of a Hydraulic Project Approval; or (B) An order imposing civil penalbes. It is recornmended that an aggrieved party contact the Area Habitat Biologist and discuss the concerns. Most problems are resolved at this level, but if not, you may elevate your concerns to hisfier wpervisor. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and lNikade,So Capitol Way North, Olympia, Washington 98501-1091 and shag be RECEIVED by the Department within 30-days of the dmw or issuance of a Hydraulic Project Approval or receipt of an order imposing civil penalties. The 30-day time requirement may be stayed by the Department if negotiations are occurring between the aggrieved party and the Area Habitat Biologist and/or his/her supervisor. The Habitat Protection Services Division Manager or his/her designee shall conduct a —AM' aaul reconi ratid a decision to the for or its designee, it you are not satisfied with the results of this informal appeal, a formal appeal may be filed. B. FORMAL APPEALS(WAC 220-110.3W) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20.100 OR 7&20.106: A person who is aggrieved or adversely affected by the following Department actions may request an formal review of: (A) The denial or issuance of a Hydrauic 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 Departrnent of Fish and Wildlife, 600 Capitol Way North, Olympia, Washington 98501-1091, shall be plainly labeled as 'REQUEST FOR FORMAL APPEAL- and shall be RECEIVED DURING OFFICE HOURS by the Department within 30-days of the Department action that is being challenged. The time period for requesting a faunal appeal is suspended during consideration of a timely informal appeal- If there has been an informal appeal, the deadline for requesting a fonTW appeal shall be within 30-days of the date of the DepartinenVs written decision in response to the informal appeal. C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20.103 or 75.20.160: 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. FAILURE TO APPEAL 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. HYDRAULIC PROJECT y' . _ APPROVAL .• R.C.W. 7 5 . 2 0 . 10 0 R.C.W. 75 . 20 . 103 _ DEPARTMENT OF FISHERIES F41 October 24 , 1997-_- (applicant should refer to this date in all correspondence) PAGE VF 3 PAGES 10 LAST NAME !� 18ICONTACT PHONE(S) 1 CONTROL NUMBER McDowell , Dennis (360) 779-5469 00-B8607-02 � 1 9 WRIA 2 WATERHOOd Canal 15.MARI 4 . The marine railway shall be elevated a minimum of two feet above the beach at the landward end adjacent to the cement Slab. 5. Rails for the marine railway shall not ground on surf smelt spawning beds located within 20 feet of the existing bulkhead. 6 . The rails shall be supported by a maximum of five_ , 12 inch square by eight foot long concrete ties. 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 p any exosed 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 . Use of equipment on the beach shall be held to a minimum, confined to a single access point, and limited to the footprint of the marine railway as a work corridor. Construction materials shall not touch the beach outside this work corridor. 9 . All natural habitat features on the beach larger than 12 inches in diameter including trees stumps, to s, and large rocks shall be retained on the beach following cons?ruction. These habitat features may be moved during construction if necessary. 10 . Beach area depressions created during project activities shall be reshaped to preproject beach level upon project completion. 11. Project activities shall be conducted to minimize siltation of the beach area and bed. 12 . If a fish kill occurs or fish are observed in distress, the project activity shall immediately cease and WDFW Habitat Program shall be notified immediately. 13 . 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. 14 . No petroleum products or other deleterious materials shall enter surface waters. 15 . Wood treated with preservatives, trash, waste, or other deleterious materials shall not be burned below the ordinary high water line. REV 10/16/88 WASHINGTON DEPARTMENT OF FISH AND WILDLIFE 600 CAPITOL WAY NORTH OLYMPiA,WASHINGTON 98501-1091 (360)902-2534 This Hydraulic Project Approval pertains only to the provisions of the Fisheries Code (RCW 75.20). Additional authorization from other public agencies may be necessary for this project GENERAL PROVISIONS This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the permittee 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 may be held liable for any loss or damage to fish life or fish habitat which 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 or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment All Hydraulic Project Approvals issued pursuant to RCW 7520.100 or 75.20.160 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 permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All Hydraulic Project Approvals issued pursuant to.RCW 7520.103 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the permittee: PROVIDED HOWEVER,that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 75.20.130. APPEALS -GENERAL INFORMATION IF YOU WISH TO APPEAL A DENIAL OF OR CONDITIONS PROVIDED IN A HYDRAULIC PROJECT APPROVAL,THERE ARE INFORMAL.AND FORMAL APPEAL PROCESSES AVALABLE. A. INFORMAL APPEALS(WAC 220.114340) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75-M.100, 75-M.103, 75.20.106, AND 76.20.160: 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 nude part of a Hydraulic Project Approval; or (B) An order inposirg civil penalties. It is recommended that an aggrieved party contact the Area Habitat Biologist and discuss the concerns. Most problems are resolved at this level, but if not, you may elevate your concerns to hmfher supervisor. A request for an INFORMAL REVIEW shalt be m WRITING to the Department of Fish and Wf*Wle,600 Capitol Way North, Olympia, Washington 98501-1091 and shall be RECEIVED by the Department within 30days of the denial or issuance of a Hydraulic Project Approval or receipt of an order knposing civil penalties. The 30day time requirement may be stayed by the Department if negotiations are occurring between the aggrieved party and the Area Habitat Biologist and/or his/her anpervism. The Habitat Protection Services Division Manager or histher designee shall conduct a review and recommend a decision to the Director or its designee. if you are not satisfied with the results of this informal appeal, a formal appeal may be filed B. FORMAL APPEALS(WAC 220.11&360) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75-M.100 OR 75.20.106: A person who is aggrieved or adversely affected by the following Department actions may request an 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 Ad,Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife, 600 Capitol Way North, Olympia, Washington 98501-1091, shall be plainly labeled as 'REQUEST FOR FORMAL APPEAL' and shall be RECEIVED DURING OFFICE HOURS by the Department within 304ays 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 stall be within 30days of the date of the Department's written decision in response to the informal appeal. C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75M.103 or 75.20.160: 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 2S9-04 at Environmental Hearings Office,4224 Sixth Avenue SE,Building Two - Rowe Six, Lacey, Washington 99504; telephone 3601459.6327. D. FAILURE TO APPEAL 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. HYDRAULIC PROJECT 01 APPROVAL &&W;FMfiN;F OF FISHER! s R.C.W. 7 5 .2 0 . 10 0 R.C.W. 7 5.2 0. 10 3 y Q October 24, 1997 (��3-mo DEPARTMENT OF FISHERIES (applicant should refer to this date in all correspondence) PAGE,1 OF 3 PAGES 10 LAST NAME 18 CONTACT PHONE(S) 1 CONTROL NUMBER McDowell, Dennis (360) 779-5469 00-B8607-02 12 WATERHood Canal q❑WRIA 15.MARI 16. Pro ect activities shall not degrade water quality to the detriment of fish life. LOCATION: Northeast 13071 North Shore Road, Belfair. rh(23 :Oct97) cc: Dave Gufler, WDFW Allan Borden, Mason County DCD REV 10/16/88 WASHINGTON DEPARTMENT OF FISH AND WILDLIFE 600 CAPITOL WAY NORTH OLYMPIA,WASHINGTON 98501-1091 . (360)902-25U This Hydraulic Project Approval pertains only to the provisions of the Fisheries Code (RCW 75.20). Additional authorization from other public agencies may be necessary for this project. GENERAL PROVISIONS This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the permittee 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 may be held liable for any loss or damage to fish life or fish habitat which 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 or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 7520.100 or 7520.160 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 permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All Hydraulic Project Approvals issued pursuant to.RCW 7520.103 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the permittee: PROVIDED HOWEVER,that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 75.20.130. APPEALS -GENERAL INFORMATION iF YOU WISH TO APPEAL A DENIAL OF OR CONDITIONS PROVIDED IN A HYDRAULIC PROJECT APPROVAL,THERE ARE INFORMAL AND FORMAL APPEAL PROCESSES AVAILABLE. A. WFORMAL APPEALS(WAC 220.11"40) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20.100, 75.20.103, 75.20.106, AND 75.20.160: 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 knrposing civil penalties. It is recormmnded that an aggrieved party contact the Area Habitat Biologist and discuss the concerns. Most problems are resolved at this level, but if not, you may elevate your concerns to his/her supervisor. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Widtife, 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. The 30-day time requirement may be stayed by the Department if negotiations are occurring between the aggrieved party and the Area Habitat Biologist and/or hiaAw supervisor. The Habitat Protection Services Division Manager or his/her derignee r-fmall conduct a review and recommend a decision to the Director or its designee. If you are not satisfied with the results of this informal appeal, a formal appeal may be filed B. FORMAL APPEALS(WAc 220-1103W OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 7520.100 OR 75.20.106. A person who is aggrieved or adversely affected by the following Department actions may request an formal review of: (A) The denial or issuance of a Hyufiraulic 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, 600 Capitol Way North, Olympia, Washington SSWI-1091, shall be plainly labeled as 'REQUEST FOR FORMAL APPEAL"and shall be RECEIVED DURING OFFICE HOURS by the Department 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 30stays of the date of the Department's written decision in response to the informal appeal C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75 2G.103 or 75.20.160: 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 99504; telephone 360459.6327. D. FAILURE TO APPEAL 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.