HomeMy WebLinkAboutHydraulic Project Approval - PLN General - 2/14/2008 Washington
Department of HYDRAULIC PROJECT APPROVAL aDevonshire lRoad
FISH and RCW 77.55.141 -Appeal to Hydraulic Appeals Board MontesanojW5CR ,
WILDLIFE
(360)249- 8�
SEP 0 1 2006
Issue Date:August 25, 2006 Control Number: 106340-1
Project Expiration Date: February 14,2008 FPA/Public Notice#: N/A MASON CO. VL'44NING DEPT.
PERMITTEE AUTHORIZED AGENT OR CONTRACTOR
Japhet Bulkheading
Maxine Clow ATTENTION:Jim Japhet
North 220 Ayock Beach Drive 1407 Summit Lake Shore Road NW
Lilliwaup, WA 98555TO BE KEPT IN THE Olympia, WA 98502
PARCELFILE 360-866-0377 w J ,p10/s
Project Name: Clow v`
Project Description: Remove failed wood and construct new concrete bulkhead, 15 feet.
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. Work shall be accomplished per application approved by the Washington Department of Fish
and Wildlife and dated July 17, 2006, except as modified by this Hydraulic Project Approval. A
copy of these plans shall be available on site during construction.
3. All manmade debris on the beach shall be removed and disposed of upland such that it does not
enter waters of the state.
4. The waterward face of the concrete bulkhead shall be located no further waterward than the face
of the existing functioning bulkhead.
5. The top of the footing shall be buried a minimum of 18 inches below the preproject natural beach
grade.
6. Wet concrete shall be prevented from entering waters of the state. Forms for any concrete
structure shall be constructed to prevent 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.
7. Project activities shall not occur when the project area, including the work corridor (excluding the
area occupied by a grounded barge), is inundated by tidal waters.
8. Use of equipment on the beach shall be held to a minimum, confined to a single access point,
and limited to a 25-foot work corridor waterward of the footing. Construction materials shall not
touch the beach outside this work corridor.
9. Bed material, other than material excavated for footings, shall not be utilized for project
construction or fills.
Page 1 of 5
Washington HYDRAULIC PROJECT APPROVAL Coastal
Department of 48 Devonshire Road
FISH and RCW 77.55.141 -Appeal to Hydraulic Appeals Board Montesano,WA 98563
WILDLIFE (360)249-4628
Issue Date:August 25,2006 Control Number: 106340-1
Project Expiration Date: February 14,2008 FPA/Public Notice#: N/A
10. Excavated materials containing silt, clay, or other fine grained soil shall not be stockpiled below
the ordinary high water line.
11. If stockpiling of sand, gravel, and other coarse excavated material is conducted below the
ordinary high water line, it shall be placed within a 25-foot work corridor waterward of the footing.
12. If sand,gravel, and other coarse excavated material is to be temporarily placed where it will
come into contact with tidal waters, this material shall be covered with filter fabric and adequately
secured to prevent erosion and/or potential entrainment of fish.
13. All excavated or stockpiled material shall be removed from the beach within 72 hours of
bulkhead construction. Upon removal of the excavated material, the beach shall immediately be
returned to the preproject natural grade.
14. Beach area depressions created during project activities shall be reshaped to preproject beach
level upon project completion.
15. All trenches, depressions, or holes created in the beach area shall be backfilled prior to
inundation by tidal waters. Trenches excavated for footings may remain open during construction.
However, fish shall be prevented from entering such trenches.
16. Removal or destruction of overhanging bankline vegetation shall be limited to that necessary for
the construction of the project.
17. 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.
18. 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.
19. Project activities shall be conducted to minimize siltation of the beach area and bed.
20. 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.
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.
Page 2 of 5
I Washington
HYDRAULIC PROJECT APPROVAL Coastal
Department of 48 Devonshire Road
FISH and RCW 77.55.141 -Appeal to Hydraulic Appeals Board Montesano,WA 98563
WILDLIFE
(360)249-4628
Issue Date:August 25, 2006 Control Number: 106340-1
Project Expiration Date: February 14,2008 FPA/Public Notice#: N/A
22. No petroleum products or other deleterious materials shall enter surface waters.
23. 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.
24. Project activities shall not degrade water quality to the detriment of fish life.
PROJECT LOCATIONS
Location #1 Clow
WORK START: August 26, 2006 IWORK END: February 14, 2008
WRIA: Waterbody: Tributary to:
16.9120 Wria 16 Marine Hood Canal
114 SEC: Section: Township: Range: Latitude: Longitude: County:
SW 1/4 03 23 N �03 W N 47.5068 W 123.0548 Mason
Location#1 Driving Directions
NOTES
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
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Washington HYDRAULIC PROJECT APPROVAL Coastal
Department of 48 Devonshire Road
FISH and RCW 77.55.141 -Appeal to Hydraulic Appeals Board Montesano,WA 98563
a
WILDLIFE (360)249-4628
Issue Date:August 25, 2006 Control Number: 106340-1
Project Expiration Date: February 14, 2008 FPA/Public Notice#: N/A
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
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.
Page 4 of 5
Washington HYDRAULIC PROJECT APPROVAL Coastal
Department of 48 Devonshire Road
FISH and RCW 77.55.141 -Appeal to Hydraulic Appeals Board Montesano,WA 98563
WILDLIFE (360)249-4628
Issue Date:August 25,2006 Control Number: 106340-1
Project Expiration Date: February 14,2008 FPA/Public Notice#: N/A
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) P3
Habitat Biologist for Director
Margie Schirato 360-427-2179 WDFW
CC:Tammi Clark, Mason County DCD, Planning Division, P.O. Box 279, Shelton, WA 98584
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