Loading...
HomeMy WebLinkAboutHydraulic Project Approval - PLN General - 9/20/1996 r HYDRAULIC PROJECT APPROVAL nv Dieu R.C.W. 7 5 . 2 0 . 10 0 Oe riot R.C.W. 75 .2 0 . 103 0 September 20, 1996 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 Christensen, Doug (360) 275-5029 00-C6227-01 19 STREET OR RURAL ROUTE ❑ ® 9❑ WRIA c/o Tim Zech, P.O. Box 1058 14 .MARI C TY, STATE ZIP 14 17 BelTair WA 98528 12 ATE R TRIBeUTARY T 11 TYP OF PROJE.Ci Hood Canal Admira�ty Inlet —Rep ace Piling, — 13 UARTER SECTION TOWNSHIP RANGE(E-W) COUNTY SECTION 34 22N 03W Mason Pier, Ramp, and ————————————————————————————— —————————— Float TIME LIMITATIONS: THIS PROJECT MAY BEGIN ©AND MUST BE COMPLETED BY 11 See provision 3 March 14 , 1998 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. SFF IMPORTANT GFURAL PROVISIONS ON RFVFRSE SIDE OF APPROVAI, NOTE: The Washington Department of Fish and Wildlife (WDFW) has reviewed your plans received on August 20, 1996, and inspected the site of the proposed project on August 28, 1996 . WDFW discourages the use of pilings, lumber, and other materials treated with creosote and other wood preservatives and recommends instead the use of steel, concrete, or recycled plastic . 1 . This project is approved as illustrated in your application, subject to the following provisions . 2 . Work below the ordinary high water line (OHWL) shall not occur from March 15 through June 14 o any year for the protection of migrating juvenile salmonids . 3 . In addition, work below the OHWL 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 . 4 . This Hydraulic Project Approval is for repair/replacement of the existing structure only and shall not result in expansion of the structure . 5 . The existing pier, ramp, and float, as well as all piling to be re laced, shall be removed and disposed of upland such that they do no enter waters of the state . SEPA: DNS by Mason County final September 18, 1996 REGIONAL HABIT T �'IAkAGER - Neil Rickard (360) 664-4671 PATROL - Oh1de 029 [P2] APPLICANT - WILDLIFE - READER - PATROL - HAB. MGR. - WRIA DEPARTMENT OF FISHERIES J DIRECTOR HYDRAULIC PROJECT 4 . APPROVAL `rr{ n.. - R.C.W. 7 5 . 2 0 . 10 0 R.C.W. 7 5 .2 0 . 10 3 0 06604 Q4 September 20, 1996 DEPARTMENT OF FISHERIES (applicant should refer to this date in all correspondence) PAGEZ OF 2 PAGES 10 LAST NAME 18 CONTACT PHONES) :,]CONTROL NUMBER Christensen, Doug (360) 275-5029 00-C6227-01 12 NATEM 9❑WRIA ood Canal 14 .MARI 6 . Floats shall not ground on surf smelt spawning beds located within approximately 10 feet of the existing bulkhead. 7 . The ier, ramps float and associated moorings shall be designed and loca ed to avoid shading of eelgrass (Zostera spp) . 8 . The solid decked portions of the structure shall not exceed the following widths : a� the 80-foot long pier, 8 feet; b the 30-foot long ramp, 4 feet; and c the 10-foot byy 20-foot "U" shaped float, shall contain two 20-foot long by 6-foot wide finger floats . 9 . No more than 20 percent of the float within the beach area shall ground at any time . Those portions of the float that will ground shall be constructed to align parallel to the shore and provide a minimum of 8 inches clearance between the beach area and non- grounding portions of the float . 10 . Floats, rafts, and associated anchoring systems shall be designed and deployed so that the bed is not damaged. 11 . Floatation for the structure shall be full enclosed and contained to prevent the breakup or loss of the floatation material into the water. 12 . A maximum of 4 existing pilings shall be removed and disposed of upland such that they o not enter waters of the state. 13 . As indicated by the permittee, the 4 replacement piling shall be chemonite-treated wood pilings . 14 . The piling, all lumber, and other materials treated with reservatives shall be sufficiently cured to minimize leaching into he water or bed. 15 . All treated wood piling and lumber to be used for the project shall meet or exceed the standards established in, "Best Management Practices For the Use of Treated Wood in Aquatic Environments, " Y developed b the Western Wood Preservers Institute, dated January P 1995 . 16 . Eelgrass and kelp shall not be adversely impacted due to any project activities (e. barge shall not ground, equi ment shall not operate, and oLe, r project activities shall not occur in eelgrass and kelp) . REV 10/16/88 J HYDRAULIC PROJECT APPROVAL R.C.W. 7 5 . 2 0 . 10 0 G ei R.C.W. 75 .20 . 103 F41 September 20, 1996 DEPARTMENT OF FISHERIES (applicant shouLd refer to this date in all correspondence) PAGES OF 3 PAGES 10 LAST NAME 18 CONTACT PHONE(S) 1 CONTROL NUMBER Christensen, Doug (360) 275-5029 00-C6227-01 12 NATE q�NRIA Mood Canal 14 .MARI 17 . All natural habitat features on the beach larger than 12 inches in diameter, including trees stumps, logs, and rge rocks, shall be la retained on the beach following construction. Tgese habitat features may be moved during construction if necessary. 18 . Beach area depressions created during project activities shall be reshaped to preproject beach level upon project completion. 19 . Project activities shall be conducted to minimize siltation of the beach area and bed. 20 . 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. 21 . 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. 22 . No petroleum products or other deleterious materials shall enter surace waters . 23 . Wood treated with preservatives, trash, waste, or other deleterious materials shall not be burned below the OHWL. 24 . Pro ect activities shall not degrade water quality to the detriment of �ish life. If you have any questions or need additional information, please contact Neil Rickard, Area Habitat Biologist, at (360) 664-4671 . LOCATION: East 9421 Highway 106, Union. bk (23 :Sep96) c : Dave Gufler, WDFW Hugo Flores, Mason Co. DCD Doug Christensen, East 9421 Highway 106, Union, Washington 98592 RECEITJED SEP241996 MASON CO. PLANNING DEPT. 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 tc 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 75.20.103 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. INFORMAL APPEALS(WAC 220-110-340) 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 imposing 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 his/her supervisor. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildlife, 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 staved by the Department if negotiations are occurring between the aggrieved Ycrty and :he A.-Ca Habitat Biologist and/or his/her supervisor. The Habitat Protection Services Division Manager or his/her 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 220-110-350) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20.100 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 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 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 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. 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.