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HomeMy WebLinkAboutHPA Float - BLD Permit / Conditions - 3/18/2021 Rp� 9` ' Washington Department of E C L! �/ g Fish&Wildlife HYDRAULIC PROJECT APPR0;ML 5 2"21 PO Box 43234 wnoi Olympia,WA 98504-3234 FISAaa WILDLIFE 615 W. Alder Street (360)902-2200 Issued Date: March 18, 2021 Permit Number: 2021-6-111+01 Project End Date: February 15, 2026 FPA/Public Notice Number: N/A Application ID: 24240 PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Marine Floats Brett Ross ATTENTION: Tabitha Simonetti 675 Logan Dr SW 313 East F St Issaquah, WA 98524 Tacoma, WA 98421-1710 Project Name: Ross Boat Moorage Float Project Description: Install one 8'x 20'float anchored with two helical anchors as an alternative to a shore-based pier. The standalone float will have 50%functional grating. PROVISIONS AUTHORIZED WORK TIMES 1. TIMING LIMITATION: To protect fish and shellfish habitats at the job site, work below the ordinary high water line may occur from July-15 to February-15 of any year, provided all work only occur waterward of 0-ft MLLW for the protection of surf smelt which may be spawning higher on the beach during this time. 2. APPROVED PLANS: Work must be accomplished per plans and specifications submitted with the application and approved by the Washington Department of Fish and Wildlife, entitled "WDFW DWGs.pdf" received on 2-11-2021, except as modified by this Hydraulic Project Approval. You must have a copy of these plans available on site during all phases of the project construction. APPROVED ACTIONS: 1. Installation of a new floating dock with dual helical anchors. 3. REQUIRED COMPENSATORY MITIGATION: 1. Completion of approved "Ross Mitigation Plan—FINAL— 10-22-2020.pdf received 2-11-2021 within one year of installation of Ross Float. This includes the removal of three creosote piles through HPA APP ID 19153 (2019). NOTIFICATION 4. PRE- AND POST-CONSTRUCTION NOTIFICATION: You, your agent, or contractor must contact the Washington Department of Fish and Wildlife by e-mail at HPAapplications@dfw.wa.gov; mail to Post Office Box 43234, Olympia, Washington 98504-3234; or fax to (360) 902-2946 at least three business days before starting work, and again within seven days after completing the work. The notification must include the permittee's name, project location, starting date for work or date the work was completed, and the permit number. The Washington Department of Fish and Wildlife may conduct inspections during and after construction; however, the Washington Department of Fish and Wildlife will notify you or your agent before conducting the inspection. 5. FISH KILL/WATER QUALITY PROBLEM NOTIFICATION: If a fish kill occurs or fish are observed in distress at the job site, immediately stop all activities causing harm. Immediately notify the Washington Department of Fish and Wildlife of the problem. If the likely cause of the fish kill or fish distress is related to water quality, also notify the Washington Military Department Emergency Management Division at 1-800-258-5990. Activities related to the fish kill or fish distress must not resume until the Washington Department of Fish and Wildlife gives approval. The Washington Department of Fish and Wildlife may require additional measures to mitigate impacts. Page 1 of 5 Washington Department of Fish &Wildlife HYDRAULIC PROJECT APPROVAL PO Box43234 w�V-a ~oi Olympia,WA 98504-3234 FISHww WILDLN (360)902-2200 Issued Date: March 18, 2021 Permit Number: 2021-6-111+01 Project End Date: February 15, 2026 FPA/Public Notice Number: N/A Application ID: 24240 STAGING, JOB SITE ACCESS AND EQUIPMENT 6. No equipment may operate on the beach landward of 0-feet MLLW for the protection of surf smelt. 7. Check equipment daily for leaks and complete any required repairs before using the equipment in or near the water. 8. Lubricants composed of biodegradable base oils such as vegetable oils, synthetic esters, and polyalkylene glycols are recommended for use in equipment operated in or near water. 9. Operate vessels with minimal propulsion power and in adequate water depth to prevent impacts from grounding and propeller wash to seagrass, kelp, and forage fish spawning beds. 10. Do not deploy anchors or spuds in seagrass or kelp. 11. Maintain anchor cable tension, set and retrieve anchors vertically, and prevent mooring cables from dragging to avoid impacts to seagrass and kelp. CONSTRUCTION-RELATED SEDIMENT, EROSION AND POLLUTION CONTAINMENT 12. Prevent contaminants from the project, such as petroleum products, hydraulic fluid, fresh concrete, sediments, sediment-laden water, chemicals, or any other toxic or harmful materials, from entering or leaching into waters of the state. 13. Use tarps or other methods to prevent treated wood, sawdust, trimmings, drill shavings and other debris from contacting the bed or waters of the state. CONSTRUCTION MATERIALS 14. Do not use wood treated with oil-type preservative (creosote, pentachlorophenol) in any hydraulic project. Wood treated with waterborne preservative chemicals (ACZA, ACQ) may be used if the Western Wood Preservers Institute has approved the waterborne chemical for use in the aquatic environment. The manufacturer must follow the Western Wood Preservers Institute guidelines and the best management practices to minimize the preservative migrating from treated wood into aquatic environments. To minimize leaching, wood treated with a preservative by someone other than a manufacturer must follow the field treating guidelines. These guidelines and best management practices are available at www.wwpinstitute.org. FLOAT 15. The float must not exceed 20 feet in length and 8 feet in width. 16. The structure must include functional grating. The grating material's open area must be at least sixty percent. The float must have at least fifty percent of the entire deck surface covered in functional grating. Orient grating so the lengthwise opening maximizes the amount of light penetration. Any objects that are not part of the structure on, above, or below the grating should not block light penetration. Flotation must be located under the solid decked area only. 17. Fully enclose and contain flotation for the structure in a shell (tub) or 20 - 25 mm polyethylene or polyurethane wrap. The shell or wrap must prevent breakup or loss of the flotation material into the water. The shell or wrap must not be readily subject to damage by ultraviolet radiation and abrasion. 18. Do not construct skirting, including batter fencing, around float. 19. Use of treated wood for decking is not authorized, but may be used for structural elements. Treated wood subject to abrasion by vessels, floats, or other objects must incorporate approved design features such as rub strips to minimize abrasion of the wood. 20. Anchor lines must not rest on the substrate at any time. Per the approved plans this will be accomplished using midline floats. 21. Per the approved plans the two anchors must be embedded helical style anchors. DEMOBILIZATION/CLEANUP Page 2 of 5 r Washington Department of Fish &Wildlife HYDRAULIC PROJECT APPROVAL PO Box 43234 w �u1or Olympia,WA 98504-3234 FISHwWILDLIFE (360)902-2200 Issued Date: March 18, 2021 Permit Number: 2021-6-111+01 Project End Date: February 15, 2026 FPA/Public Notice Number: N/A Application ID: 24240 22. Remove all trash and unauthorized fill in the project area, including concrete blocks or pieces, bricks, asphalt, metal, treated wood, glass, floating debris, and paper, that is waterward of the ordinary high water line and deposit upland. LOCATION #1: Site Name: Ross 462 East Treasure Island Dr,Allyn, WA 98524 WORK START: WORK END: February 15, 2026 WRIA Waterbody: Tributary to: 14 - Kennedy - Goldsborough Wria 14 Marine Puget Sound 1/4 SEC: Section: Township: Ranaem Latitude: Longitudes County: 05 21 N 01 W 47.336126 -122.830692 Mason Location #1 Driving Directions From WA-16 W Take exit 132E Take the exit toward WA-302 W Continue onto Purdy Dr. Turn left onto WA-302 W Merge onto WA-3S Continue on E Grapeview Loop Rd. the road will turn into E Treasure Island Dr 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 civil action against you, including, but not limited to, a stop work order or notice to comply, and/or a gross misdemeanor criminal charge, possibly punishable by fine and/or imprisonment. Page 3 of 5 f Washington Department of Fish &Wildlife HYDRAULIC PROJECT APPROVAL PO Box 43234 wu � Olympia,WA 98504-3234 FISH.d WILDLN (360)902-2200 Issued Date: March 18, 2021 Permit Number: 2021-6-111+01 Project End Date: February 15, 2026 FPA/Public Notice Number: N/A Application ID: 24240 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. 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 unless this is a General HPA. If this is a General HPA you must use the Major Modification process described below. Any approved minor modification will require issuance of a letter documenting the approval. A minor modification to the required work timing means any change to the work start or end dates of the current work season to enable project or work phase completion. Minor modifications will be approved only if spawning or incubating fish are not 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. 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 did not use APPS you must submit a written request that clearly indicates you are seeking a minor modification to an existing HPA. Written requests must include the name of the applicant, the name of the authorized agent if one is acting for the applicant, the APP ID number of the HPA, the date issued, the permitting biologist, the requested changes to the HPA, the reason for the requested change, the date of the request, and the requestor's signature. 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. 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 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 did not use APPS you must submit a written request that clearly indicates you are requesting a major modification to an existing HPA. Written requests must include the name of the applicant, the name of the authorized agent if one is acting for the applicant, the APP ID number of the HPA, the date issued, the permitting biologist, the requested changes to the HPA, the reason for the requested change, the date of the request, and the requestor's signature. Send your written request by mail to: Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234. You may email your request for a major modification 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. Page 4of5 • Washington Department of Fish &Wildlife HYDRAULIC PROJECT APPROVAL PO Box 43234 w�Ap� oi Olympia,WA 98504-3234 FISH wROME (360) 902-2200 Issued Date: March 18, 2021 Permit Number: 2021-6-111+01 Project End Date: February 15, 2026 FPA/Public Notice Number: N/A Application ID: 24240 A. INFORMAL APPEALS: WAC 220-660-460 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 HPA Appeals Coordinator, Department of Fish and Wildlife, Habitat Program, PO Box 43234, Olympia, Washington 98504-3234; 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 may conduct an informal hearing or review 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 220-660-470 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 HPA Appeals Coordinator, Department of Fish and Wildlife, Habitat Program, PO Box 43234, Olympia, Washington 98504-3234; 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 Noll.Steinweg@dfw.wa.gov r for Director Noll Steinweg 360-628-2173 WDFW Page 5 of 5