HomeMy WebLinkAboutHydraulic Project Approval - PLN General - 2/14/2007 r
' Washington HYDRAULIC PROJECT APPROVAL coastal
Department of 48 Devonshire Road
FISH and RCW 77.55.200-Appeal to Hydraulic Appeals Board Montesano,WA 98563
WILDLIFE
(360)249-4628
Issue Date: November 15,2005 Control Number: 103441-1
Par C(-(I
Project Expiration Date: February 14, 2007 FPA/Public Notice#: N/A .3D303_ rx) _ o I o )
PERMITTEE AUTHORIZED AGENT OR CONTRACTOR
Japhet Bulkheading
Richard Chester ATTENTION: Jim Japhet
230 North Ayock Beach Drive 1407 Summit Lake Shore Road R ffT
D
Lilliwaup, WA 98556 Olympia, WA 98502206-799-0879( 360-866-0377
Project Name: Chester MCCD - PLANNING .
Project Description: Remove failing bulkhead and replace with concrete bulkhead, 94 feet long.
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 June 7, 2005, 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 existing timber/rock bulkhead shall be removed from the beach and deposited upland such
that it does not enter waters of the state.
5. The waterward face of the concrete bulkhead shall be located no further waterward than the face
of the existing functioning bulkhead.
6. Bulkhead wing walls shall be angled 30 degrees to the bankline and riprap shall be placed at the
intersection of the bankline and wing walls.
7. The top of the footing shall be buried a minimum of 18 inches below the preproject natural beach
grade.
8. 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.
9. 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.
10. Use of equipment on the beach shall be held to a minimum, confined to a single access point,
Page 1 of 5
Washington HYDRAULIC PROJECT APPROVAL Coastal
Department of 48 Devonshire Road
FISH and RCW 77.55.200-Appeal to Hydraulic Appeals Board Montesano,WA 98563
WILDLIFE (360)249-4628
Issue Date: November 15, 2005 Control Number: 103441-1
Project Expiration Date: February 14, 2007 FPA/Public Notice#: N/A
and limited to a 25-foot work corridor waterward of the footing. Construction materials shall not
touch the beach outside this work corridor.
11. Bed material, other than material excavated for footings, shall not be utilized for project
construction or fills.
12. Excavated materials containing silt, clay, or other fine grained soil shall not be stockpiled below
the ordinary high water line.
13. 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.
14. 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.
15. 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.
16. Beach area depressions created during project activities shall be reshaped to preproject beach
level upon project completion.
17. 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.
18. 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).
19. 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.
20. 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.
21. Project activities shall be conducted to minimize siltation of the beach area and bed.
22. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or
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l
Washington HYDRAULIC PROJECT APPROVAL Coastal
Department of 48 Devonshire Road
FISH and RCW 77.55.200-Appeal to Hydraulic Appeals Board Montesano,WA 98563
WILDLIFE (360)249-4628
Issue Date: November 15, 2005 Control Number: 103441-1
Project Expiration Date: February 14,2007 FPA/Public Notice#: N/A
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.
23. 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.
24. No petroleum products or other deleterious materials shall enter surface waters.
25. 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.
26. Project activities shall not degrade water quality to the detriment of fish life.
PROJECT LOCATIONS
Location #1 Chester
WORK START: November 16, 2005 IWORKEND: February 14, 2007
WRIA: Waterbody: Tributary to:
16.9120 Wria 16 Marine Hood Canal
1/4 SEC: Section: Township: Range: Latitude: Longitude: County:
NW 1/4 �03 23 N 03 W N 47.4728 W 123.0896 Mason
Location#1 Driving Directions
APPLY TO ALL HYDRAULIC PROJECT APPROVALS
This Hydraulic Project Approval pertains only to the provisions of the Washington State Fisheries and Wildlife Code,
specifically RCW 77.55 (formerly RCW 77.57). 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. It is the responsibility of the permit holder to secure any
landowner permissions or use authorizations as needed for the project.
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 or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment.
All Hydraulic Project Approvals 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 person(s)to whom this Hydraulic Project Approval is issued has the right
pursuant to Chapter 34.04 RCW to appeal such decisions. All Hydraulic Project Approvals 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
person(s)to whom this Hydraulic Project Approval is issued: PROVIDED HOWEVER, that such modifications shall be
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Washington HYDRAULIC PROJECT APPROVAL Coastal
Department of 48 Devonshire Road
FISH and RCW 77.55.200-Appeal to Hydraulic Appeals Board Montesano,WA 98563
WILDLIFE (360)249-4628
Issue Date: November 15, 2005 Control Number: 103441-1
Project Expiration Date: February 14, 2007 FPA/Public Notice#: N/A
subject to appeal to the Hydraulic Appeals Board established in RCW 77.55.170.
CHAPTER 77.55 RCW RE-CODIFIED:
Chapter 77.55 RCW was re-organized and re-codified by the 2005 Legislature in Second Substitute House Bill 1346,
signed into law by Governor Gregoire as Chapter 146, Laws of 2005. Chapter 146, Laws of 2005 became effective July
24, 2005. The Code Reviser's Office is in the process of completing the re-codification and conversion of the bill into
RCW. The RCW referenced at the top of this HPA has been superseded by Chapter 146, Laws of 2005. Until the re-
codification process has been completed,the following reflects the section(s)of Chapter 146, Laws of 2005 under
which sections of former Chapter 77.55 RCW can now be found:
FORMER CHAPTER 146
TITLE 77.55 RCW LAWS of 2005
------------------------ -----------------
RCW 77.55.010 Sec.406
RCW 77.55.100 Sec. 101, 201, 301, 507, 508, 601, 605
RCW 77.55.110 Sec. 101,201
RCW 77.55.150 Sec. 101, 303, 401
RCW 77.55.200 Sec. 501
RCW 77.55.210 Sec. 504
RCW 77.55.220 Sec. 101, 502
RCW 77.55.270 Sec. 101, 402
RCW 77.55.280 Sec.403
RCW 77.55.290 Sec. 505
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 77.55.100,
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 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 Environmental 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 77.55.100
OR 77.55.140: 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
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I
Washington HYDRAULIC PROJECT APPROVAL Coastal
Department of 48 Devonshire Road
FISH and RCW 77.55.200-Appeal to Hydraulic Appeals Board Montesano,WA 98563
WILDLIFE
(360)249-4628
Issue Date: November 15, 2005 Control Number: 103441-1
Project Expiration Date: February 14, 2007 FPA/Public Notice#: N/A
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 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) P3
Margie Schirato 360-427-2179 � ;� = �' for Director
Habitat Biologist WDFW
CC: Tammi Clark, Mason County DCD, Planning Division, P.O. Box 279, Shelton, WA 98584
Page 5 of 5
• Site Plan
Owner: scale 1 "=20'
Richard Chester
20429 Welsh Rd
Snohomish WA 98296
Site:
230N Ayock Beach Dr.
Lilliwaup WA 98555
County of Mason
State of Washington
HOOD CANAL
Lat. N47.30.43 �tr
Long. W 3 1014 ���
Par# 3230350500101
Purpose: G 1 VF
Beach erasion is threatening the residence `D
Proposed: JUN 0 `�
Install a concrete bulkhead to protect the /
residence
J CEDAR S
Contractor/Agent: T
Ayock Bch 77 Rd
Japhet Bulkheading Inc.
1407 Summit Lk.Sh.Rd.NW
Olympia,WA 98502
360-866-0377
Lic.#JAPHEBI168LH
EXP. 6-12-05
S. Prop Line
Garage
Riprap
to be
removed
S.Prop Line
30'
+/- N.Prop Line
Richard Chester
20429 Welsh Rd
Snohomish WA
98296
Site:
230 N Ayock Beach Dr
Lilliwaup, WA
Proposd APPROVED
concrete MA N COUNTY DCD PLANNING
bulkhead
ITE PLAN REQUIRED TO BE ON SITE
CHANGES SUBJECT TO APPROVAL
65'
By TSc.. --- Date I I I I o S
.lane Martin
240N Ayock
Existing
concrete
bulkhead
J
HYDRAULIC PROJECT APPROVAL State of Washington
av of - RCW 77.55.100(5)-appeal ursuan ter 34.05 RC WRegio Department Ofiice :h and}Wila,
>�.oLrx» R E I V � D 48 Devonshire Road
Montesano,Washington'98563 9618
DATE OF ISSUE: Januaa 29, 200 JAN 3 O 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 LWD 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 Hanson
Lilliwaup,Washington 98555 5962 East State Route 3
(360) 877-9455 Shelton, Washington 98584-6641
(360)427-9515
Anna M. Chester
1509 Northwest 100d'Street
Seattle,Washington 98177-5401
(206) 784-6016
PROJECT DESCRIPTION: Anchor Large Woody Debris (LWD), Place Gravel for Erosion Control
PROJECT LOCATION: 240 N. Ayock Beach Drive,Lilliwaup
# WRIA Vw'iLTER 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.
Page 1 of 4
HYDRAULIC PROJECT APPROVAL state of washington
RCW 77.55.100(5)-appeal pursuant to Chapter 34.05 RCWDeparcmencorFlsh and Wtidtite
Region 6 0171ee
48 Devonshire Road
WaDMI Montesano,Washington 98563-9,618
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.
Page 2 of 4
r HYDRAULIC PROJECT APPROVAL state of Washington
RCW 77.55.100(5)-appeal pursuant to Chapter 34.05 RCW Department of Fish and Will fe '
)fir Region 6 of ce
3W
48 Devonshire Road t' {,
,. Montesano,Washington 98.%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 kA44__ 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
Page 3 of 4
HYDRAULIC PROJECT APPROVAL state or Washington
RCW 77.55.100(5)-appeal pursuant to Chapter 34.05 RCW Department or Fish and W(ldlice
Region 6 Ottice
ad 48 Devonshire Road
WIN Montesano,Washington 98563-9618
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, 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 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.
Page 4 of 4