HomeMy WebLinkAboutHydraulic Project Approval - PLN General - 1/20/2009 Washington HYDRAULIC PROJECT APPROVAL coastal
Department of 48 Devonshire Road
FISH and RCW 77.55.021-Appeal Pursuant to Chapter 34.05 RCW Montesano,WA 98563 n
WILDLIFE (360)2494628 (�
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Issue Date: January 20, 2009 Control Number: 108261-3 ^�
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Project Expiration Date: February 14,2010 FFPnA/Public Notice#: N/A N
PERMITTEE AUTHORIZED AGENT OR CONTRACTO v
Marine Surveys and Assessments
Joel Kramer ATTENTION:Amy Leitman
P.O. Box 524 521 Snagstead Way
Union,WA98592 Port Townsend, WYd'bE KEPT IN THE
253-372-3805 360-385-4073
Fax: 253-372-3833 Fax: 360-385-1724
Project Name: Kramer/Souza
Project Description: Construct a new 115 foot joint use pier, ramp and float with 13 ACZA
pile/stub pile and two moorage buoys. A 10 x 20 foot float shall be removed
as partial mitigation.
PROVISIONS
1. Work below the ordinary high water line shall not occur from February 15 through July 14 of any
year for the protection of migrating juvenile salmonids.
2. Due to the lengthy spawning period of surf smelt in this portion of Puget Sound, work below the
ordinary high water line from July 1 through December 31 and January 1 through March 31 of any
year may be acceptable if a WDFW representative confirms a lack of spawn during a site
inspection. Arrangements for a site inspection shall be made with the Area Habitat Biologist listed
below. Work shall commence within 48 hours of notification by WDFW and shall be completed
within seven days of project commencement.
3. Work shall be accomplished per plans and specifications approved by the Washington
Department of Fish and Wildlife entitled Kramer and Souza joint-Use Pier, Ramp and Float Project
and dated January 10, 2007, except as modified by this Hydraulic Project Approval. A copy of
these plans shall be available on site during construction.
4. All manmade debris on the beach shall be removed and disposed of upland such that it does not
enter waters of the state.
5. The existing float shall not be re-located within waters of the state without written authorization
from WDFW. They shall be removed and disposed of upland such that they do not re-enter such
waters.
6. The pier, ramp, and float centerline shall be re-established during the construction phase using
the same methodology employed to establish the centerline during the vegetation survey to ensure
protection of the eelgrass/herring spawning habitat.
7. The pier, ramp, and float structure shall not exceed 115 feet in total length.
Page 1 of 5
Washington HYDRAULIC PROJECT APPROVAL Coastal
' Department of 48 Devonshire Road
FISH and RCW 77.55.021-Appeal Pursuant to Chapter 34.05 RCW Montesano,WA 98563
WILDLIFE (360)249-4628
Issue Date: January 20, 2009 Control Number: 108261-3
Project Expiration Date: February 14, 2010 FPA/Public Notice#: N/A
8. The solid decked portions of the structure shall not exceed the following widths: the 60-foot long
pier, 6 feet; the 40-foot long ramp, 4 feet; and the three, 20-foot long rectangular shaped floats, 8
feet.
9. The three, 20 foot by 8 foot rectangular shaped floats shall contain 40-45% area of grating that
passes a minimum of 60 percent sunlight, approved by WDFW. Floatation shall be located under
the solid decked area only. The grated area shall not be used for storage purposes.
10. No portion of the dock or float system shall ground. A minimum space of 12 inches shall be
maintained at all times between the bottom of the dock or float and the beach grade.
11. Floats, rafts, and associated anchoring systems shall have been designed and shall have been
deployed so that the bed is not damaged.
12. Floatation for the structure shall be fully enclosed and contained to prevent the breakup or loss
of the floatation material into the water.
13. As specified in the application, the 13 pilings may be recycled creosote treated pilings /
Chemonite pilings treated at 1.5 pounds per cubic foot but shall not be new creosote treated pilings.
14. All piling, lumber, and other materials treated with preservatives shall be sufficiently cured to
minimize leaching into the water or bed.
15. Treated piling or structures built of treated wood shall incorporate design features, such as
steel, plastic or rubber collars or fendering systems, to prevent or minimize the abrasion of the
treated wood by floats, ramps or vessels.
16. Sawdust, drillings or trimmings from treated wood shall be contained with tarps or other
impervious materials and prevented from contacting the beach, bed or waters of the state.
17. 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'
developed by the Western Wood Preservers Institute, revised July 1996.
18. The pier, ramp, float, and associated moorings shall have been designed and shall have been
located to avoid shading of eelgrass (Zostera spp).
19. Eelgrass and kelp shall not be adversely impacted due to any project activities (e.g., barge shall
not ground, equipment shall not operate, and other project activities shall not occur in eelgrass and
kelp).
20. Removal or destruction of overhanging bankline vegetation shall be limited to that necessary for
the construction of the project.
Page 2 of 5
IF
1 Washington HYDRAULIC PROJECT APPROVAL Coastal
Department of 48 Devonshire Road
FISH and RCW 77.55.021-Appeal Pursuant to Chapter 34.05 RCW Montesano,WA 98563
WILDLIFE (360)249-4628
Issue Date:January 20, 2009 Control Number: 108261-3
Project Expiration Date: February 14, 2010 FPA/Public Notice#: N/A
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 HPA Appeals
Coordinator, shall be plainly labeled as'REQUEST FOR FORMAL APPEAL'and shall be RECEIVED DURING
OFFICE HOURS by the Department at 600 Capitol Way North, Olympia, Washington 98501-1091,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 77.55.021 (agricultural irrigation,
stock watering or bank stabilization only), 77.55.141, 77.55.181, or 77.55.241: 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. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO CHAPTER 43.21 L RCW: 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 FORMAL APPEAL shall be in
accordance with the provisions of Chapter 43.21 L RCW and Chapter 199-08 WAC. The request for FORMAL APPEAL
shall be in WRITING to the Environmental and Land Use Hearings Board at Environmental Hearings Office,
Environmental and Land Use Hearings Board, 4224 Sixth Avenue SE, Building Two- Rowe Six, P.O. Box 40903,
Lacey,Washington 98504; telephone 360/459-6327.
E. FAILURE TO APPEAL WITHIN 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.
ENFORCEMENT: Sergeant Jackson (29) P1
Habitat Biologist fitv for Director
Margie Schirato 360-427-2179 WDFW
CC: Kell McAboy, Mason County DCD, Planning Division, P.O. Box 279, Shelton, WA 98584
Page 5 of 5
Washington HYDRAULIC PROJECT APPROVAL Coastal
Department of 48 Devonshire Road
FISH and RCW 77.55.021-Appeal Pursuant to Chapter 34.05 Montesano,WA 98563
WILDLIFE TO 13" KEPT IN THE
Issue Date: November 06, 2008 Control Number: PARCEL FILE
Project Expiration Date: February 14, 2010 FPA/Public Notice#: N/A
�223 -S1 -O000C0
PERMITTEE AUTHORIZED AGENT OR CONTRACTOR
:1S 21�CI35 :M 97:17 Marine Surveys and Assessments Joel Kramer ATTENTION:Amy Leitman R E C F E
Z 7 T SON
P.O. Box 524 521 Snagstead Way N O V 1 n 2100
Union, WA 98592 (33 n 13 J 3 a Port Townsend, WA 98368
253-372-3805 360-385-4073 W M CC), �� DEFT
Fax: 253-372-3833 Fax: 360-385-1724
Project Name: Kramer/Souza
Project Description: Construct a new 115 foot joint use pier, ramp and float with 13 ACZA
pile/stub pile and two moorage buoys. A 10 x 20 foot float shall be removed
as partial mitigation.
PROVISIONS
1. Work below the ordinary high water line shall not occur from January 15 through March 31 of any
year for the protection of herring spawning beds.
2. Work below the ordinary high water line shall not occur from February 15 through July 14 of any
year for the protection of migrating juvenile salmonids.
3. 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 forihe protection of surf smelt spawning beds.
r 4. Work shall be accomplished per plans and specifications approved by the Washington
Department of Fish and Wildlife entitled Kramer and So a joint-Use Pier, Ramp and Float Project
and dated January 10, 2007, except as modified by thjdWaulic Project Approval. A copy of
these plans shall be available on site during construction.
5. All manmade debris on the beach shall be removed and disposed of upland such that it does not
enter waters of the state.
6. The existing float shall not be re-located within waters of the state without written authorization
from WDFW. They shall be removed and disposed of upland such that they do not re-enter such
waters.
7. The pier, ramp, and float centerline shall be re-established during the construction phase using
the same methodology employed to establish the centerline during the vegetation survey to ensure
protection of the eelgrass/herring spawning habitat.
8. The pier, ramp, and float structure shall not exceed 115 feet in total length.
Page 1 of 5
Washington HYDRAULIC PROJECT APPROVAL Coastal
Department of 48 Devonshire Road
FISH and RCW 77.55.021-Appeal Pursuant to Chapter 34.05 Montesano,WA 98563
WILDLIFE (360)249-4628
Issue Date: November 06, 2008 Control Number: 108261-2
Project Expiration Date: February 14,2010 FPA/Public Notice#: N/A
9. The solid decked portions of the structure shall not exceed the following widths: the 60-foot long
pier, 6 feet; the 40-foot long ramp, 4 feet; and the three, 20-foot long rectangular shaped floats, 8
feet.
10. The three, 20 foot by 8 foot rectangular shaped floats shall contain 40-45% area of grating that
passes a minimum of 60 percent sunlight, approved by WDFW. Floatation shall be located under
the solid decked area only. The grated area shall not be used for storage purposes.
11. No portion of the dock or float system shall ground. A minimum space of 12 inches shall be
maintained at all times between the bottom of the dock or float and the beach grade.
12. Floats, rafts, and associated anchoring systems shall have been designed and shall have been
deployed so that the bed is not damaged.
13. Floatation for the structure shall be fully enclosed and contained to prevent the breakup or loss
of the floatation material into the water.
14. As specified in the application, the 13 pilings may be recycled creosote treated pilings/
Chemonite pilings treated at 1.5 pounds per cubic foot but shall not be new creosote treated pilings.
15. All piling, lumber, and other materials treated with preservatives shall be sufficiently cured to
minimize leaching into the water or bed.
16. Treated piling or structures built of treated wood shall incorporate design features, such as
steel, plastic or rubber collars or fendering s�/stems, to prevent or minimize the abrasion of the
treated wood by floats, ramps or vessels. `I
17. Sawdust, drillings or trimmings from ' d wood shall be contained with tarps or other
impervious materials and prevented frork?;ti acting the beach, bed or waters of the state.
18. 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'
developed by the Western Wood Preservers Institute, revised July 1996.
19. The pier, ramp, float, and associated moorings shall have been designed and shall have been
located to avoid shading of eelgrass (Zostera spp).
20. Eelgrass and kelp shall not be adversely impacted due to any project activities (e.g., barge shall
not ground, equipment shall not operate, and other project activities shall not occur in eelgrass and
kelp).
21. Removal or destruction of overhanging bankline vegetation shall be limited to that necessary for
the construction of the project.
Page 2 of 5
I
Washington HYDRAULIC PROJECT APPROVAL Coastal
Department of 48 Devonshire Road
FISH and RCW 77.55.021-Appeal Pursuant to Chapter 34.05 Montesano,WA 98563
WILDLIFE (360.)249-4628
Issue Date: November 06, 2008 Control Number: 108261-2
Project Expiration Date: February 14, 2010 FPA/Public Notice#: N/A
22. Intertidal wetland vascular plants shall not be adversely impacted due to project activities (e.g.,
barge shall not ground, equipment shall not operate, and other activities shall not occur in intertidal
wetland vascular plants). If such vegetation is adversely impacted, it shall be replaced using
proven methodology.
23. All natural habitat features on the beach larger than 12 inches in diameter, including trees,
stumps, logs, and large rocks, shall be retained on the beach following construction. These habitat
features may be moved during construction if necessary.
24. Project activities shall be conducted to minimize siltation of the beach area and bed.
25. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or
water quality problems develop (including equipment leaks or spills), immediate notification shall be
made to the Washington Department of Ecology at 1-800-258-5990, and to the Area Habitat
Biologist listed below.
26. 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.
27. No petroleum products or other deleterious materials shall enter surface waters.
28. Wood treated with preservatives, trash, waste, or other deleterious materials shall not be
burned below the ordinary high water line. Limited burning of untreated wood or similar material
may be allowed at or above the mean higher high water line.
29. Project activities shall not degrade water quality to the detriment of fish life.
PROJECT LOCATIONS
Location #1 Souza/Kramer
WORK START: November 07, 2008 WORK END: February 14, 2010
WRIA: Waterbody: Tributary to:
14.9120 Wria 14 Marine Hood Canal
1/4 SEC: Section: Township: Range: Latitude: Longitude: County:
NW 1/4 36 22 N 03 W N 47.36088 W 123.00967 Mason
Location#1 Driving Directions
Page 3 of 5
Washington HYDRAULIC PROJECT APPROVAL Coastal
Department of 48 Devonshire Road
FISH and RCW 77.55.021-Appeal Pursuant to Chapter 34.05 Montesano,WA 98563
WILDLIFE (360)249-4628
Issue Date: November 06,2008 Control Number: 108261-2
Project Expiration Date: February 14, 2010 FPA/Public Notice#: N/A
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(formerly RCW 77.20). 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.
All Hydraulic Project Approvals issued pursuant to RCW 77.55.021 (EXCEPT agricultural irrigation, stock watering or
bank stabilization projects)or 77.55.141 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
person(s)to whom this Hydraulic Project Approval is issued has the right pursuant to Chapter 34.04 RCW to appeal
such decisions. All agricultural irrigation, stock watering or bank stabilization Hydraulic Project Approvals issued
pursuant to RCW 77.55.021 may be modified by the Department of Fish and Wildlife due to changed conditions after
consultation with the person(s)to whom this Hydraulic Project Approval is issued: PROVIDED HOWEVER,that such
modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 77.55.301.
APPEALS INFORMATION
If you wish to appeal the issuance or 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 77.55.021,
77.55.141, 77.55.181, and 77.55.291: 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. A request for an INFORMAL REVIEW shall be in WRITING to the Department
of Fish and Wildlife HPA Appeals Coordinator, 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. If agreed to by the aggrieved party, and the aggrieved party is the Hydraulic Project
Approval applicant, resolution of the concerns will be facilitated through discussions with the Area Habitat Biologist and
his/her supervisor. If resolution is not reached, or the aggrieved party is not the Hydraulic Project Approval applicant,
the Habitat Technical Services Division Manager or his/her designee shall conduct a review and recommend a decision
to the Director or his/her 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 77.55.021
(EXCEPT agricultural irrigation, stock watering or bank stabilization projects)or 77.55.291:
A person who is aggrieved or adversely affected by the following Department actions may request a formal review of:
(A)The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic
Page 4 of 5
Washington HYDRAULIC PROJECT APPROVAL Coastal
Department of 48 Devonshire Road
FISH and RCW 77.55.021-Appeal Pursuant to Chapter 34.05 Montesano,WA 98563
WILDLIFE (360)249-4628
Issue Date: November 06,2008 Control Number: 108261-2
Project Expiration Date: February 14, 2010 FPA/Public Notice#: N/A
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 HPA Appeals
Coordinator, shall be plainly labeled as'REQUEST FOR FORMAL APPEAL'and shall be RECEIVED DURING
OFFICE HOURS by the Department at 600 Capitol Way North, Olympia,Washington 98501-1091,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 77.55.021 (agricultural irrigation,
stock watering or bank stabilization only), 77.55.141, 77.55.181, or 77.55.241: 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. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO CHAPTER 43.21 L RCW: 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 FORMAL APPEAL shall be in
accordance with the provisions of Chapter 43.21 L RCW and Chapter 199-08 WAC. The request for FORMAL APPEAL
shall be in WRITING to the Environmental and Land Use Hearings Board at Environmental Hearings Office,
Environmental and Land Use Hearings Board, 4224 Sixth Avenue SE, Building Two-Rowe Six, P.O. Box 40903,
Lacey,Washington 98504; telephone 360/459-6327.
E. FAILURE TO APPEAL WITHIN 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.
ENFORCEMENT: Sergeant Jackson (29) P1
Habitat Biologist r for Director
Margie Schirato 360-427-2179 WDFW
CC: Kell McAboy, Mason County DCD, Planning Division, P.O. Box 279, Shelton, WA 98584
Page 5 of 5