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HomeMy WebLinkAboutHydraulic Project Approval - PLN General - 8/29/1996 3 a s 3 5 (-o 0 dac) B 9 001; P71/u l 'U 3-0 D d E`v ov-�i°l R E G E V E HYDRAULIC PROJECT APPROVAL SEpp4 NiNG pEp1. R.C.W. 7 5 . 2 0 . 10 0 SON to•p�p,N R.C.W. 75 .20 . 103 MA Q4 August 29, 1996 DEPARTMENT OF FISHERIES (applicant should refer to this date in all correspondence) PAGE 1 OF 2 PAGES 10 LAST NAME FIRST 18 CONTACT PHONE(S) CONTROL NUMBER Phillips, James W. (360) 275-5783 00-05828-01 19 STREET OR RURAL ROUTE E ® 90 WRIA C/o Bill Beisley, Northeast 230 Maple Court 14 .MARI C TY STATE ZIP 14 17 BelTair WA 98528 12 ATE TRI UTQRY T� 11 TYPjE OF PROJECT Hood Canal Ac�mira ty Inlet Repair 2 Concrete 13 UARTER SECTION TOWNSHIP RANGE(E-W) COUNTY SECTION SE 35 22N 03W Mason Columns ————————————————————————————— —————————— TIME LIMITATIONS: 1[�]THIS PROJECT MAY BEGIN ©AND MUST BE COMPLETED BY Immediately March 14 , 1997 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 APPROVAL NOTE: The Washington Department of Fish and Wildlife (WDFW) has reviewed your plans received on August 6, 1996, and inspected the site of the proposed project on August 22, 1996 . 1 . This project is approved as illustrated in your application, subject to the following provisions. 2 . Work below the ordinar high water line (OHWL) shall not occur from March 15 through June T4 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 l . through March 1 or any year for the protection of surf smelt spawning beds . 4 . The 2 repaired concrete columns shall not exceed 12 inches on a side. S . Wet oncrete shall be preventedfrom entering waters s of the stae. Forms or an concrete structure shall be co. strlwct..d o rprevent leaching of wet concrete. Impervious materials shall be placed over any exposed 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. 6 . Project activities shall not occur when the project area is inundated by tidal waters . SEPA: DNS by Mason County final August 24, 1996 REGIONAL HABITkT tIAVAGER - Neil Rickard (360) 664-4671 PATROL - Ohide 029 [P3] APPLICANT - WILDLIFE - READER - PATROL - HAB. MGR. - WRIA DEPARTMENT OF FISHERIES A' Uzlkzo' DIRECTOR HYDRAULIC PROJECT . APPROVAL R.C.W. 75 .20 . 100 R.C.W. 75 .2 0 . 103 F41 August 29, 1996 DEPARTMENT OF FISHERIES (applicant should refer to this date in all correspondence) PAGE ZOF 2 PAGES 10 LAST NAME 18 CONTACT PHONE(S) 1 CONTROL NUMBER Phillips, James W. (360) 275-5783 00-05828-01 12 NATERHood Canal KWRIA 14 .MARI 7 . Use of equipment on the beach shall be prohibited. 8 . 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. These habitat features may be moved during construction if necessary. 9 . Bed material shall not be utilized for project construction. 10 . Excavated materials shall not be stockpiled below the OHWL. 11 . Beach area depressions created during project activities shall be reshaped to preproject beach level upon project completion. 12 . All trenches, depressions, or holes created in the beach area shall be backfilled prior to inundation by tidal waters . 13 . Project activities shall be conducted to minimize siltation of the beach area and bed. 14 . 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. Y 15 . 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. 16 . No etroleum products or other deleterious materials shall enter sur ace waters . 17 . Wood treated with reservatives, trash, waste, or other deleterious materials shall no be burned below the OHWL. 18 . 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 9511 Highway 106, Union. bk (23 :Aug96) c : Dave Gufler, WDFW Hugo Flores, Mason Co. DCD James W. Phillips, P. O. Box 603 , Medina, Washington 98039 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 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 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 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 34.06 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 269.04 at Environmental Hearings Office,4224 Sixth Avenue SE,Building Two - Rowe Six, Lacey, Washington 98604; 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.