HomeMy WebLinkAboutHydraulic Project Approval - PLN General - 1/29/2003 HYDRAULIC PROJECT APPROVAL state of Washington
,I RCW 77.55.100(5)- peal1""91
snanter 34.05 RC
Department or Fish and Wildgk
Region 6 Ofiice' rT
R C I V E 48 Devonshire Road
Montesano,Washington 98563-9618
DATE OF ISSUE: January 29 200 JAN 3 0 2003 LOG NUMBER: EM-E1554-02
MCCD - PLANNING
This Hydraulic Project Approval (IPA) is the Wn en ollow-up to the emergency verbal HPA issued by Bob Burkle,to
Keith Hanson of Oakland Bay Garden Center,on January 21, 2003. It is issued with the understanding that the proposed
work is necessary to address emergency conditions. The permittees shall set up an on-site meeting with the Area Habitat
Biologist listed below, as soon as possible but not less than 30 days after work is completed, to determine if additional
measures will be necessary to restore fish habitat that may have been damaged as a result of this emergency action.
Subsequent actions to nourish the beach or add LAID for ongoing erosion protection shall require a separate HPA, which
may be issued for up to 5 years.
PERMITTEES AUTHORIZED AGENT OR CONTRACTOR
Jane C. Martin Oakland Bay Garden Center
240 North Ayock Beach Drive ATTENTION: Keith Ranson
Lilliwaup,Washington 98555 5962 East State Route 3
(360) 877-9455 Shelton, Washington 98584-6641
(360)427-9515
Anna M. Chester
1509 Northwest 100'Street
Seattle, Washington 98177-540I
(206) 784-6016
PROJECT DESCRIPTION: Anchor Large Woody Debris(LWD), Place Gravel for Erosion Control
PROJECT LOCATION: 240 N. Ayock Beach Drive, Lilliwaup
# WRIA NV 4TER BODY TRIBUTARY TO 1/4 SEC. SEC. TOWNSHIP RANGE COUNTY
1 16.MARI Hood Canal Admiralty Inlet 32 30 North 03 West Mason
PROVISIONS
1. TIMING LIMITATIONS: The project may begin Immediately and shall be completed by February 14,2003,
provided:
a. Work below the ordinary high water line shall not occur from March 15 through July 14 of any year for the
protection of migrating juvenile salmonids.
2. Work shall be accomplished per the plans and specifications submitted to WDFW with the JARPA dated October 11,
2002,except as modified by this Hydraulic Project Approval. These plans reflect design criteria per Chapter 220-110
WAC. These plans reflect mitigation procedures to significantly reduce or eliminate impacts to fish resources. A
copy of these plans shall be available on site during construction.
3. LWD used in the project shall be sound Douglas fir or other coniferous species with a minimum top diameter of 12
inches, and with rootwad attached.
4. Tops of the anchor blocks for the LWD shall be buried,at a minimum, 18" below existing beach grade,or to a depth
at which they will never become exposed due to high water or wave action.
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HYDRAULIC PROJECT APPROVAL State of Washington `T
• RCW 77.55.100(5)-appeal pursuant to Chapter 34.05 RCW Department of Fish and wildlife
lsat Region 6 Office
48 Devonshire Road
Montesano,Washington 9SM3-9618
DATE OF ISSUE: January 29,2003 LOG NUMBER: EM-E1554-02
5. LWD shall be anchored with cable or chain of a sufficient diameter and strength so that they never wash away during
high water or wave action.
6. The waterward extent of the anchored LWD and gravel shall follow the contour of the Mean Higher High Water Line
no further waterward than 16 feet from the toe of the bank.
7. Gravel for the project shall be composed of clean,round material no larger than 3 inches in diameter, with at least
50%of the gravel 5/8 of and inch or less in diameter.
8. Project activities shall not occur when the project area, including the work corridor, is inundated by tidal waters.
9. Use of equipment on the beach shall be held to a minimum, confined to a single access point from the adjacent
upland access road only as indicated in the plans,and limited to a 16-foot work corridor waterward of the toe of the
bank in the area proposed for gravel placement. Construction materials shall not touch the beach outside this work
corridor.
10. Bed material, other than material excavated for anchoring LWD, shall not be utilized for project construction or fills.
11. Excavated materials containing silt, clay, or other fine grained soil shall not be stockpiled below the ordinary high
water line.
12. If stockpiling of sand, gravel, and other coarse excavated material is conducted below the ordinary high water line, it
shall be placed within the authorized 16-foot work area.
13. All trenches,depressions, or holes created in the beach area shall be backfilled prior to inundation by tidal waters.
14. Removal or destruction of overhanging bankline vegetation shall be limited to that necessary for the construction of
the project.
15. Intertidal wetland vascular plants shall not be adversely impacted due to project activities. If such vegetation is
adversely impacted, it shall be replaced using proven methodology.
16. All natural habitat features on the beach larger than 12 inches in diameter, including trees, stumps, and logs, shall be
retained on the beach following construction. These habitat features may be moved during construction if necessary,
and may be anchored along with the imported LWD.
17. Project activities shall be conducted to minimize siltation of the beach area and bed.
18. 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.
19. All manmade debris on the beach, including stray angular rock, shall be removed and disposed of upland such that it
does not enter waters of the state.
20. 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.
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HYDRAULIC PROJECT APPROVAL State of Washington
ay.o..t,l RCW 77.55.100(5)-appeal pursuant to Chapter 34.05 RCW Department or Flab and Wh011e
Region 6 Omee ,, er ;
48 Devonshire Road
Montesano,Washington 9&%3-%18
DATE OF ISSUE: January 29,2003 LOG NUMBER: EM-E1554-02
21. No petroleum products or other deleterious materials shall enter surface waters.
22. Materials shall not be burned below the ordinary high water line.
23. Project activities shall not degrade water quality to the detriment of fish life.
SEPA: Exempt, Emergency
APPLICATION ACCEPTED: January 21,2003 ENFORCEMENT OFFICER: Makoviney 031 [P1]
Robert L. Burkle (360)249-1217 2 for Director
Assistant Habitat Program Manager WDFW
cc: Rick Mraz, Mason County Planning Department
GENERAL PROVISIONS
This Hydraulic Project Approval (HPA)pertains only to the provisions of the Fisheries Code(RCW 77.55 - formerly
RCW 75.20). Additional authorization from other public agencies may be necessary for this project.
This HPA 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 HPA does not authorize trespass.
The person(s)to whom this HPA 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 HPA.
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 HPAs issued pursuant to RCW 77.55.100 or 77.55.200 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 HPAs issued pursuant
to RCW 77.55.110 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 77.55.170.
APPEALS- GENERAL INFORMATION
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HYDRAULIC PROJECT APPROVAL state of Washington ..
RCW 77.55.100(5)-appeal pursuant to Chapter 34.05 RCW Department of Fish and WUdnfe
Region 6 Office
Mai i 48 Devonshire Road
WIN Montesano,Washington 98563-%18
DATE OF ISSUE: .. January 29,2003 LOG NUMBER: EM-E1554-02
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
77.55.100, 77.55.110, 77.55.140, 77.55.190, 77.55.200,and 77.55.290:
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 HPA, or the conditions or provisions made part of a HPA; 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 HPA 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
77.55.100 OR 77.55.140:
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 HPA, or the conditions or provisions made part of a HPA;
(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, Was 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 77.55.110, 77.55.200,
77.55.230,or 77.55.290:
A person who is aggrieved or adversely affected by the denial or issuance of a HPA, or the conditions or provisions
made part of a HPA 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 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.
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