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HomeMy WebLinkAboutHydraulic Project Approval - PLN General - 7/28/2016 Fish &Wildlife HYDRAULIC PROJECT APPROVAL _ If,T+„G,permrn,� VIvinuia. VVH 98504-3234 KSH.w WEDLI' Issued Date: July 28, 2016 Permit Number: 2016-6-373+01 Project End Date: September 15, 2019 FPA/Public Notice Number: N/A Annlicatinn In: 3334 RECEIVED lames Hunter ATTE IT!O I- Men Amos 14511 E 55th Street 780 Taison Ln _--------, ... .__-- _ __-- 615 W. Alder Street Project Name: Hunter Family Farm and James&Joan Hunter Joint-use Pier, Ramp and Float Project Description: Construction of a joint-use pier, ramp and float which will consist of a 6' by 100' pier with 100% l ..L:...... .. AI L... Ant....1......:......... .. .:` Anf%nl ...a:.... I..-..J:.....a..a CI L....I nl.. ...Ate..-a-.aL....M.....1 t1QU11\j, a'7 LJy -tv alullllllulll ramp vv ILII IVV/U q.aLilly, Icadiiiq LV q V Vy IV Icallip IIvaL aLLaLJI IGu float will be attached to six 8"diameter steel pilings. oon1nclnklc 1. IYIILIVOLIV11 IVI LIIG FIVJGVL YYIII CIO UGOLd IVqu III LIIG al./J.IVVUU FIaIIO. I VI IIIILIL,.aLIVII LV IIIIl./a VLO LV IVICI,JQ 11011 UK;IVOO Vl 51 sq ft of beach (due to pilings)will be mitigated with the removal of the slabs of concrete from the derelict boat ramp, totaling 62.9 sq ft. Additionally, any disturbances to the shoreline will be mitigated for with planting of native plants as per the plans. Plantings must be maintained for at least three years to ensure at least eighty percent of the plantings survive. Failure to achieve the eiahty percent survival in vear three will require you to submit a nlan with follow-un 2.TIMING LIMITATION: To protect fish and shellfish habitats at the job site, work below the ordinary high water line must occur from July 15 and September 15 of any calendar year for the life of the permit. ThisThar.+i.Y.i.g vv in do..,is a m.bin Y+ion of+h.�.f..11.....i..r.• LIIllllly YY II,.,.,YY IV G VV111V111GLIV 11 VI LIIV IVIIV YY.11�. 3.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 "Hunter Family INTERIM 3 6 16", submitted 06/24/2016, except as modified by this Hydraulic Project Approval.You must have a copy of these plans available on site dtirinn all nhases of the nrniprt mmnnsal. 4. PRE-AND NUS I-GONS I RUC;I ION NO I IFIGA I ION: 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 f..........1.0,-..1..+..+h-. ..�I.. ..1..+...J -A+h.. .. ....:L.. ....h.... Th..1A/....h:.....L.... Il...-....F........+of C:.,L. .....J%A/:IA:f- 1V1 YYVII\VI VGLV LtIV YY VI I\YYGJ VVIIII,/IVLV V, GI IV U.-I.IV m.1,I.L.II IIVt.I. Tit YYGJ111111,.LVII VVI.IUI Li 11 Vlll VI 1 1011 G114 YYIIV 11F 5. FISH KILL/WATER QUALITY PROBLEM NOTIFICATION: If a fish kill occurs or fish are observed in distress at the Page 1 of 7 Washington Department of Fish&Wildlife HYDRAULIC PROJECT APPROVAL PO Box43234 Olympia,WA 98504-3234 RSH..a RUDLH (360)902-2200 Issued Date: September 16, 2016 Permit Number: 2016-6-373+02 Project End Date: September 15, 2019 FPA/Public Notice Number: N/A Application ID: 3334 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. STAGING, JOB SITE ACCESS AND EQUIPMENT 6. Establish the staging area (used for activities such as equipment storage, vehicle storage,fueling, servicing, and hazardous material storage) in a location and manner that will prevent contaminants like petroleum products, hydraulic fluid,fresh concrete, sediments, sediment-laden water, chemicals, or any other toxic or harmful materials from entering waters of the state. 7. Clearly mark boundaries to establish the limit of work associated with site access and construction. 8. Retain all natural habitat features on the beach larger than twelve inches in diameter including trees, stumps, logs, and large rocks. These natural habitat features may be moved during construction but they must be placed near the preproject location before leaving the job site. 9. Check equipment daily for leaks and complete any required repairs before using the equipment in or near the water. 10. 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. 11. 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. 12. Operate vessels during tidal elevations that are adequate to prevent grounding of the barge. 13. Do not deploy anchors or spuds in seagrass or kelp. 14. Maintain anchor cable tension, set and retrieve anchors vertically, and prevent mooring cables from dragging to avoid impacts to seagrass and kelp. 15. Relocate vessels moored over seagrass between March 21 and September 21 every 4th day to minimize shading of seagrass. CONSTRUCTION-RELATED SEDIMENT, EROSION AND POLLUTION CONTAINMENT 16. 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. 17. 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 18. 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 Page 2 of 7 V Washington Department of Fish&Wildlife HYDRAULIC PROJECT APPROVAL PO Box43234 M•,, Olympia,WA 98504-3234 FISH.w WILDLIFE (360)902-2200 Issued Date: September 16, 2016 Permit Number: 2016-6-373+02 Project End Date: September 15, 2019 FPA/Public Notice Number: N/A Application ID: 3334 than a manufacturer must follow the field treating guidelines.These guidelines and best management practices are available at www.wwpinstitute.org. PIER, RAMP AND FLOAT 19. The pier, ramp, and float structure must not exceed a total length of 115'feet. 20. The structure must not exceed the following widths: the 50'long pier, 6;the 35' long ramp,4 feet; and the two sections of the"L"shaped float must not exceed 30'x 8'and 8'x 14'as per the plans. 21. The structure must include functional grating. The grating material's open area must be at least sixty percent. a. Grating installed parallel to the length of the pier must extend the length of the pier and cover at least thirty percent of the deck area. b. The ramp must have one hundred percent of the entire deck surface covered in functional grating. c. A float between six and eight feet wide 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. 22. The bottom of the float must be at least one foot above the substrate so that the structure will not rest on the bottom. 23. Fully enclose and contain flotation for the structure in a shell (tub). 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. 24. Do not construct skirting, including batter fencing, around piers, docks or floats. 25. Use low-intensity lights that are located and shielded to prevent light from reaching the water surface. 26. 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. Use of tires is not approved unless proper post-treatment for aquatic environments is performed. PILE REMOVAL, DRIVING 27. As specified in the approved plans, the 10 pilings must be 8"and 10"diameter steel pilings. 28. Incorporate features, such as steel, plastic or rubber collars, fendering or other systems to prevent or minimize the abrasion of the treated wood by floats, ramps or vessels. Do not use rubber tires for the fender system. 29. Attach rubbing strips made of ultra high molecular weight(UHMW)type plastic, or high density polyethylene (HDPE)type plastic to the replacement fender system. Do not use rubber tires for the fender system. 30. Fit all pilings with devices to prevent perching by fish-eating birds. 31. The use of both a vibratory and/or an impact hammer is authorized for piling installation under this Hydraulic Project Approval, however a vibratory driver is preferred. 32. To avoid attracting fish to artificial light at night, limit impact pile driving to daylight hours whenever feasible. 33. Use appropriate sound attenuation when driving or proofing steel piling with an impact hammer. a. For driving or proofing steel piling, 10 inches in diameter or less, install a 6 inch thick wood block, plastic or rubber between the piling and the impact hammer during impact pile driving operations or install a pile sleeve or bubble curtain around the piling during impact pile driving operations that distributes air bubbles around 100%of the perimeter of the piling over the full depth of the water column. b. For driving or proofing steel piling greater than 10 inches in diameter, install a bubble curtain around the pile during piling impact driving operations that distributes air bubbles around 100%of the perimeter of the piling over the full depth of the water column. DEMOBILIZATION/CLEANUP Page 3 of 7 Washington Department of Fish &Wildlife HYDRAULIC PROJECT APPROVAL PO Box43234 Olympia,WA 98504-3234 H,311 aWILDLIFE (360)902-2200 Issued Date: September 16, 2016 Permit Number: 2016-6-373+02 Project End Date: September 15, 2019 FPA/Public Notice Number: N/A Application ID: 3334 34. 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. 35. Reshape beach area depressions created during project activities to preproject beach level upon project completion. 36. Remove all debris or deleterious material resulting from construction from the beach area or bed and prevent from entering waters of the state. 37. Do not burn wood,trash,waste, or other deleterious materials waterward of the ordinary high water line. LOCATION#1: Site Name: Hunter Family Farm &James&Joan Hunter 9894 SR 106, Union, WA 98592 WORK START: July 28, 2016 WORK END: September 15, 2019 WRIA Waterbody: Tributary to: 14-Kennedy-Goldsborough Wria 14 Marine 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: NW 1/4 36 22 N 03 W 47.3577118 -123.0144097 Mason Location#1 Driving Directions From Shelton follow N 1st St. & Northcliff Rd.to N 13th St(1.2 mi), take E Brockdale Rd. to E McReavy Rd. (4.0 mi.), Continue on E McReavy Rd.to WA-106 E (6.8 mi.),turn right on WA-106 E. Site will be on the left. 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. Page 4 of 7 Washington Department of Fish&Wildlife HYDRAULIC PROJECT APPROVAL PO Box 43234 Olympia,WA 98504-3234 FISH WILDLIFE (360)902-2200 Issued Date: September 16, 2016 Permit Number: 2016-6-373+02 Project End Date: September 15, 2019 FPA/Public Notice Number: N/A Application ID: 3334 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. 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 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. 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 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, payment if the original application was subject to an application fee, and the requestor's signature. 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 may email your request for a major modification to HPAapplications@dfw.wa.gov, but must send a check or money order for payment by surface mail. You should allow up to 45 days for the department to process your request. APPEALS INFORMATION Page 5 of 7 Washington Department of Fish&Wildlife HYDRAULIC PROJECT APPROVAL PO Box 43234 Olympia,WA 98504-3234 FISH—i ULDLIFE (360)902-2200 Issued Date: September 16, 2016 Permit Number: 2016-6-373+02 Project End Date: September 15, 2019 FPA/Public Notice Number: N/A Application ID: 3334 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. 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, 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 220-660-470 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, 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. Page 6 of 7 Washington Department of Fish&Wildlife HYDRAULIC PROJECT APPROVAL PO Box43234 Olympia,WA 98504-3234 FISH a,WILDLIFE (360)902-2200 Issued Date: September 16, 2016 Permit Number: 2016-6-373+02 Project End Date: September 15, 2019 FPA/Public Notice Number: N/A Application ID: 3334 Habitat Biologist joshua.benton@dfw.wa.gov for Director Joshua Benton 360-602-0364 ��� WDFW Page 7 of 7