HomeMy WebLinkAboutArmy Corps of Engineers Ref No. 200300156 - OT General - 7/9/2003 *t y
i
i
STATE pf Wn5NINGTON
L-)EPARTMENI OF ECOLOGY
r.Q.Do), 4777S•01rrI*'i4 W,0010,0i 1 98509-7775• (360)I07-6300
July 9,2003
Mr,Neil W Werner
good Cuml Sahuon Fitt C i ovp
PO Box 1004
Allyn WA 98534
RE; Corps of Engineers Refcmnoc#200300156
Stage Lottor of Ytrification
The Department of 13a0109y hex received tt1,e U.S.Army Corps of Bagincen,letter dated Juhc 27,2003
authorlVng the issuance of nationwide permirs(N")#14, 18, and 27 for the proposed realignment of
State Route 106,removal Of fUla passage utters,icstvration in Alderbvook and Dolby Creels,snd
disposal of excavated material ncar Union,Mason County,Washington.
Afltx reviewing your proposal,I have deterttrirmd plat it is vvnaielcnt with tht condituyus the Department
of EC010gy previoualy approved for water quality certifleation and coastal zone rmnagenxnt act(CZM)
consistency for NWP 14, 18,and 27.
This letter serves to verifY that your Project rriey proceed as described to the authoriza- on letter issued by
the Corps of M*ncrre,provided the proposal is construetad and/or(}*.rated in accordance with the
Water Quality Standards for Surface Waters of the State of Washing=opntained in Chapter 173-201A
of the Washington Administrative Codc. Please note this letter of verification docs not exempt,and is
provuiernal upon compliance with other statv28e and codca adminiaterod by tbdml, Bute and local
>s,gtnciea.
If you have any questions regarding this letter of vedlication,please call me at(360)407-6926,
Sincerely,
Helen E Preasley
Federal Permit Coordizm t+or
Southwev RtBfonai Ofiicc
t
i HEP-dn
cc: Olivia Romano,Corps
Linde,Rankin, Ecology
Yvonne Oliva,Ecology
P.01
DEPARTMENT OF THE ARMY
BrATRE Mt7T7CT,CW"OF SMOMIK"
P.O,am no
3FArn_F,WASN"toN M2 .47se
r�r ro
Artnr►ON Cr
27 `
Regulatory Branch
Hood Canal Salmon Enhancement Group
Mr, Neil W. Werner
Post Office Box 1 OG4
Allyn, Washington 98534
Reference: 200300156
Hood Canal Salmon
Enhancement Group
dear Mr. Werner;
Our regulatory program utilizes a series of nationwide permits(NWPs) to authorize specific
categories of work that have miairnal impart oil the aquatic environment when conducted in
accordance with the permit conditions (Federal Register, January 15, 2002, Vol, 67, No. I0)_
Based on the information you provided to us, NWP 14, "Linear Transportation projects",NWP
18, "Minor Discharges", and NW 27, "Stream and Wctland Restoration Activities", authorizes your proposal to impact waters of the United States to re-align State Route 106, remove fish
passage barriers,pafform restoration ac6%itics in Aldabrool and Dalby Crecks and dispose of
excavated material, as depicted on the enclosed drawings dated January 2003. The proposed
project would occur in Alderbrook and Dalby Creeks and wetlands adjacent to
Alderbrook Crock,near Union, in Mason County, Washington.
In order for these NWP authorizadons to be valid,you rnust ensure that the work is
performed in accordance with the enclosed Nationwide Permits 14, 18 and 27, Terms and
Cunaidons and the following spe6ad conditions that the District Engineer has added to ensure
that this project would have no more than a minimal adverse impact on the aquatic envimrrmertt:
a. The permittee must implement the Endangered Species Act requirements and/or
agreements set forth in the"Aldcrimmk Remodel Biological Assessment", dated March 2003, in
its entirety. The U.S. Fish and Wildlife Service concWTed with a fording of` nay affect, not
likely to adversely affect"based on this document on May 12, 2003 (USFWS # 1-3-03 1-1169 &
1-M3-TA-1137), The National Marine Fisheries Service concurred with a finding of"inay
affect, rwt likely to adversely affect" based on this document on May 28, 2003 (NMFS #
2033/00460). Both agencies wilt be informed.of this permit issuance and will enforce any know
violations of the commifinents made in this docurricnt pursuant to the Endangered Species Act.
b. In order to protect Chinook salmon and bull trout, the permittee may cosdact the
authorized in-water work activities from July lO h to September 14"' in any year this
P-02
-2-
permit is vAlW, The Pere,shall not conduct in-water work authorized by thi
September 1 S'h through July 1 S'h in any year this pernut is valid. s permit from
c. If the permittee discovers any previously unknowu historic or archeological remains
while accomplishing the activity authorized by this permit, you must i
notify U.S, Corps of Eng mmediately stop work and
ineers, Seattle District, Regulatory Branch within 24 hours of discovery.
d. The Permittee ha_s agreed to set aside 30 acres within the Alderbrook Creek watershed for
preservation and shall be protected in perpetuity from future devclopmenr an logging.
Before recording this document, a draft copy of the conservation easement or deed restriction
must be sent to the U.S Corps of Engineers (Corps) within 30 days of the date of permit issuance.
Once the Corps approves this document in writing, the perrriitta shall execute and record it with
the Registry of Deeds for Mason County and the State of Washington within 60 days of the date
of permit issuance and prior to construction_ A copy of the executed and recorded document
must then be sent to the U.S. Corps of Engineers within 90 days of the date of permit issuance
and prior to construction. The conservation easement or deed restriction shall enable the site to
be protected in perpetuity from any future development and/or logging. The conservation
easement or deed restriction shall prohibit the filling and clearing of waters of the U.S., including
wetlands, on this site except for activities explicitly authorized by the U.S. Corps of Engineers.
Upon completing the authorized work, you must fill out and ref m the enclosed
Certificate of Carrrpliance with Depgrrmenr of the Army Permit form to the address indicated on
the form. Your signature on this form is our assurance that the completed work and any required
mitigation was conducted in accordance with the terms and conditions of these NWPs, including
any special conditions required by the District Engineer, Completing and returning the
compliance certification form is a rcgluiretnent of every NT" authorization(see NWP National
General Condition 14),
In order for these NWP authorizations to be valid, the State of Washington (State) must
have issued or waived Section 401 Water Quality Certification
coastal counties, concurred with or waived, a Coastal Zone Management QC (CZM) omisen�7'S 15
determination. We are unable to dete-nninew'lacther or not your project requires an individual
WQC and/or CZM consistency determination response. Before you can proceed with the work
authorized by these NWPs, you must contact the following Washington Stare Department of
Ecology otFc--for the State's determination_
Washtngtorn State Department of Ecology
Southwest Regional Office
Post Office Box 47600
Olympia, Washings 98504-7600
Telephone (360) 407-6926
P_03
-3-
If more than 180 days pass without the state responding to your concurrence requests, your
requirement to obtain 2n individual WQC and/or CZM consistency determinati
becomes waived. you may then proceed to construction,
on response
We have reviewed your project pursuant to the'requiremcnts of the Endangered Species Act
(ESA). Amer consulting with the Rational Marine Fisheries Service and/or U.S_ Fish and
Wildlife Service, we have determined that this project me rts the requirements of NWp National
General Condition 1 I provided you comply with special conditions "a"and "b"listed above.
We have also reviewed your project pursuant to the acquirements of the Magnuson-Stevens
Fishery Conservation and Management Act,as amended by the Sustainable Fishc ic;s Act of
19%in regards to Essential Fish Habitat(EFH). We have determined that the proposed action
will not adversely affect EFH for federally managed fisheries in Washington.
Our verification of these NWP authorizations are valid for 2 .years from the date of this lever
unless the NWPs are modified,reissued, or re„okod prior to that date. If the authorized work has
not:been completed by that date,please contact us to discuss tile status of Your
authorization.
If tilts project complies with all terms and.conditions of this authodZZtivn,you will need no
further authorization from m for the above-described work. However, this authorization does
not obviate your responsibility to obtain all additional authorizations, including State and local
permits that are applicable toyour project. Also,we remind you that failure to comply withal]
terms and conditions of tbese NWP authorizations, including any above listed special conditions
invalidates your authorization and could result in a viclatiion of Section 404 of tho Clean Water
Act and/or Section 10 of the Rivers and Harbors Act of 1899.
Thank you.for your covparalion during the permit process. Your efforts help us protect our
nation's aquatic resources, including wetlands. P1e2se rernember to fill out and return the
compliance ccrtification form as soon as you complete the authorized work. A copy of this letter
with enclosures will be famished to EngineerinS Services Associates,
Pat McCullou dl, fessional Enginecr,.210 NE Cherokee Beach, Belfair, Washington 98528.
If you have any questions about this letter or our regulatory program,please contact me at
(206) 764-6960,
Sincerely,
1 n
xa Romano, Project Manager
South Application Review Section
Enclosures
HYDRAULIC PROJECT APPROVAL sti�erW.. �
I RCW 77.55.100-appeal pursuant to Chopper 34.05 RCW °iQ"` 14 F"—4 wumuk
wow 'b'swry
NKXA Maabft a w..waawu qWA3-%14
DATE OF ISSUE,. M&v 2I.200 I•Qfi N12M $T- 420-01
FJ 81liL7L1T. sL HOKIZIE,D AGENT OR CO CTOR
Hood C�na1 Salmon Enhancement Group Engineering S4iviCes Associates
Post Office Box 1004 ATTENTION'Pat McCullough
Allyn,Washington 98534 210 Cherokee Beach
(360)275-3575 Belfhir,Washington 99529
Fax:(360)275-Ofi98 (360)275-7394
Fax:(3n 277-3197
RIPTION: -Charmel ModiSoat�ioa elocution of Two Streams),Weirs,New, Permanent Fixed,
PROJECT'DE5C .(R
Fresh Water,On Bed,Natural Wand Raw(1,og Jam Weirs),Rock Weirs
-Warm Crossing Structures:
Culverts(Two),Tiwh Racks No,90 Foot, 110 Foot, New. Pernaneat.Fixed,
Fresh Water,On led, Munadc, Steel
-Bridge,Full span OHW,New, Pauua mt Fixed, Fresh Water,Suspended
Above Water, Matutadc,Concrete, Precast
-Bank Pnotomort,Remove Ten Feet,Marine,Concrete
-Flow Control Stru=e, Diversion, Structwe/Water Gravity Operated Intake,New,
Permanent, Fixed; Fresh Water,On Bed,Manmade,Isobar Grate
-Flow Control Sttuctrue,Outfisll with Screen,New, Pennanent,Fixed,Fresh Warn,On
Sed, Mnmmedc,Steel
PROJECT LOCATION: SR 106, 1.5 miles cast of Union in Mason County
LAT N 47,34562 degrees,,LONG W 123,06893 degrees
a 14'BLA 9'A DY JBI111.TABYTO 1/4SEC. = TOWIysnlr MANGE COLM 1
1 14.0139 AMobrboft Crick Hood Coal SW 03 22 North 03 Wcat Ma"
2 14.0139 Delby Crane Hood Canal SW 01 22 North 03 Wcst Mason
NOTE: Complisoce with this Hydraulic Project Approval HPA does not CDs=conTluu=with the federal
Endangered Species Act(ESA)of any other local, state,or federal laws.
PRO V1$1QNS.
GENERAL PROVISIONS_
I. TINLINGLIMMIXONS, The project may begin Itontedlatety and shall be completed by October 31, ZOOS
provided:
a. Work below the ordinary high water line shall only 0C=berWeen July 15 and October 31 of calendar yeas 2003
throw 20M
2. NOTIFICATION REQUIREMENT- The peruaitE=or contractor shall notify the Area Habitat Biologist(AIM)listed
below of the project start date. Notification shall be received by the AHB at least three working days prior to the start
Page l of 7
OO'd d1E = 10 co-10-UnC
HYDRAULIC PROJECT APPROVAL ftteorwuhtacm
RCW 77.,".100-appeal pursuant to Chapter 34.05 RCW M"rftmW of Wish and wudtiim
Qum 6 oRis
Mae .e D" Rmd
WI= ht„7CM**x w.,htW)rve f�stss�si®
DATE OF ISS111MlLY11.Z003 >I,(lGN[NMER ST-F7_ 42M
of construction activities and again within seven days of completion of worst to arrange for compliance i.nspcction. .
The notification shall include the permittee's name,project location, starting dare 1br work and the control nxmnber for
this RydrauliG Project Approval.
3, Work shall be accomplished per plans and specifications entitled,"SR 106 Realignment', submitted May 19, 2003 to
the Washington Department of Fish and Wildlife, except as modified by this Hydraulic Project Approval. These plans
reflect design critmis pet Chaptcr 220-110 WAC. These plans rcflcct miiigarion procedures to significantly reduco or
eliminate impacts to fish rtsourccs_ A copy of these plans shall be available on site during construction.
4. All structures shall be installed and maintained to ensure unimpeded fish passage. This shall include both upstream
and downstream adult and juvenile fish passage. If passage problems develop, the Washingto DcparWxmt efFisb
and Wildlife personnel may,after consultation, require modification.
5. All facilities shall be maintained by the owner(s)per RCW 77.55.060 to ensure continued,unimpeded fish passage, if
the structures becomes a hindrance to fish passage, the owner(s)stall be responsible for obtaining an Hydraulic Project
Approval and providing prompt repair. Financial responsibility for maintenance and repairs shall be that ofthe
owner(s).
6. During construction of the new channels including ft ituMllation of culvcM bridge and all other fcanzes,the new
channels shall be isolated from the flowing stream by plugs at the upsmcam and downstream ends of the new channels_
These plugs shall be substantial enough to prevent flood ftww from emeriug the new cNamels ding construction.
7. Before water is diverted into the permanent new chtumels,4Wfoved fish habitat components, streambcd materials,
culverts,bridge and protection to prevent erosion shall be in plate.
9, The angle of the sducti=used to divert the stream into the new channel shall allow a smooth transition of stream flow.
9. Streatn diversion shall be conducted onty ttA=inspection and approval of the new chawkl by the Area Habitat
Biologist listed below or hislhcr representative
10. The permitnee shall capture and safely move food fish, game fish., and other fish life tzom the old channel prior to
diverting water into the ttcw channels. The peanittee shall have fish capture and transportarion equipment ready and
on the job site. Captured Bolt shall be immediately end safety transferred to ffm--flowing warm upstream of the project
site. The permittee may request the Washington.Department of Fish and Wildlife assist in capturing and safely
moving fide life&%n dre job site to free-flowing water,and assistance may be granted if personnel are available.
Iv. Diversion of flow into the new channels shall be accotnplished by the following-
a, First remove the downstream plug.
b. Fact the stream side of the plug with a sandbag revetment or similar approved Meehan'=
c. Partially remove the upstream plug to allow 113 to JfZ of the flow down the new channel for at least overnight.
The old channel shall not be allowed to&-water.
d. Remove the rest of the upstream pbug once the new channel bas flow t4tx0nghout ns entire length.
e. Close the upstream cod of the old channel and securely armor the entrance to the old channel to prevent re-entry of
any flow. Arm"material shall consist of clean, nngtnlar rock and shall be inAdled 0 withst and the 10(-year peak
flow,
Page 2 of 7
r
CO-d de£ = 10 EO- io-urnr
HYDRAULIC PROJECT APPROVAL at.r�dw.,n�e
RCW 77.5&100-appeal pursuant to Chspwr 34.05 RCW "�'�tt?tan,aa twee
Mdows e oenor
jowl 49 ta.ae.hirs K.d
0 M= Alaeft"o-N WM&kMatm 98563-%Is
DATE OF 1$S1ZE% Mav 21—ZQQ3 LO 1 I MWER; ST F7420-D1
12_ Filling of the old charnels shall begin from the upstream closure and the fill material shall be compacted. Water
discharging from the fill shall not adversely impact fish life.
13, Equipment used for this project shall be free of external petrokum-based products while working around the stream,
Accumulation of soils or debris shall be removed from the drive mechanisms(wheels,tires,tracks, etc.)and
undercarriage of equipment prior to its working below die ordinary high water line. Equipment shall be checked daily
for leaks and any necessary repairs shall be cmMlefed print to commencing work activities along the sbrram.
14. If at arty 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),operations shall cease and the Washington Dopartment of fish and
Wikdlife at(360)753-2600 and Washiagt n Deparmumt of Ecology at(360)407-6300 shall be contacted
immediately. Work shall not resume until further approval is given by the Washington Uepwtmertr of Fish seed
Wildlife.
15. Every effort shall be taken during all phases of this project to enstire that sediment-laden water is not allowed to eats
the stream. This may be accomplished by placing a series of low gravel beg dams downstream of the projea. The
gravel bag dams shall consist of burlap begs filled with pea gavel. The str-ambed and dams shall be overlain with
filter fabric on the upstream side of the dams. Accumulated silt shall be removed with the filter fabric trpon
completion of the project and the burlap bags shall be slit to allow the pea gavel to disperse downstream. Where
necessary,hand tools may be used to ensure mcam flow and fish passage are not impeded by the gravel.
16, Erosion corumol methods shall be used to prevent silt-laden wwrr from enkTing the stream. These moy include, but are
not limited to, straw bales, filter fabric,temporary sediment ponds,check dams of pea gravel-filled burlap bags or
other material,and/or immediate mukbirsg of exposed areas.
17. All waste material such as construction debris, silt,excess dirt or ovetburdm resulting from this;project shall be
deposited shove the limits of flood water in an upland disposal site.
l8. If high flow conditions drat may cause siltation are encouotcrai during this project,work shall stop until the flow
subsides.
19, Extreme care shall be taken to ensure that no petrokum products,hydraulic fluid,fresh cements sediments, eedimtnt-
laden water,chemicals, or any other toxic or dcletctious materials are allowed to enaer or leach inro the strtcsrn.
70_ Dishirbeuce of the strc=bed and banks shall be limited to dint necessary to complete project. Affected streambeds
and bank areas shall be restored to preproject configuration following installation of the fac-dirica Within one year of
project completion, the batiks shall be rcvegctgted with native or other approved woody species. Vegetative plantbW
shall be maintained as necessary for three years to ensure 80 percent survival.
SPECIFIC CONDITIONS FOR NEW CHANKI,CONSTRUCTION:
21 The permanent new channels shall. at a mhtimurim,be rirni in length, widtk depth, floodpirain configtrsiman,and
gudieat, as the old channel. The new channel shall inwrporat7e 6sh habitat compmcnM stztambed materials, meander
configuration,and native or other approved vegetation equivalent to or grta;P than than which previously existed in the
old channel.
Pry 3 of 7
b0-d d?.E= IO EO-TO-unp
HYDRAULIC PROJECT APPROVAL S"t=nfWM4sftW9ftb
=d RCW 77.55.100-appeal pursuant to Chapter 34-05 RCW er g"-4 w'"�
11 -d 40 t>eTaftOdr.RmW
11Mftboow�wkwogaee 96563-%1a
DATE OF ISc'IIIE May 21.2W3 LOG ]1IIIER: ST F"7420-01
22. Fish babiW companents such as logs, stumps,and/or large boulders ere requirrd as part of the channel construction
projects to mitigate pmjcct impacts. These Ssh babirat components shell be installed to withstand 100-ye4r peak
flows,
23. Large woody material shall be placed or anchored to provide stable, functioual fish habitat.
24_ The fish habitat log structures shall be of fir, cedar,or other moved coniferous species
25. The fish habitat suuctures shall be placed so that they an within the low flaw channel.
SPECIFIC CONDITIONS FOR CULVERTS:
26. Stream simu Lation culverts shall be 1.2 times the width of the channel bed plus two(2)feet.
27, Red material inside the culverts shall contain a low flow channel, gtep-pool configwaiion and fill 3450%of the
Culvert rise.
29. The culverts shall be installed to maintain structural imnaegrily to the 100-ym peak flow with consicl:rtation of tie debris
likely to be encountered.
29- Fill associated with the culvert installations shall be protected from erosion to tfae 100-year peak flow.
30, The culverts shall be installed and tnzintained to avoid inlet securing and to prevent erosion of strewn banla
downstream of the project.
31_ The culverts shall consist of a single barrel.
SPECIFIC CONDITION FOR BRIDGE:
32. Excavation for the footings shall be completely separatcd from the stream by placing the foattW landward of the top
of the bank.
33, The bridge shall be conmucted to pass the lo0-year peak flow with considerabon of debris likely to be encaumcred,
34, Abutments,piers, piling, sills, approwh fills, etc„ shall tat constrict the flow and cause any appreciable increase(not
to exceed 0.2 feet)in backwater elevation(calculated at the IW-year flood)or channel-wide scour, and shall be
aligned to cause the least effect on the hydraulics of the stream.
35, Materials used for structure protection shall be clean,angular rock,which shall be installed to withstand the 100-year
peak flow.
36. Struct=s containing concrete shell be sufficiently cured prior to contact with watrs to avoid leecbirrg. Fresh concrete
shall not be allowed to tonne into contact with state waters.
37 where aggregate or earth type material is used for paving or accumulates on the bridge, curbs,or wheel guards shall be
installed sod maintained to prevent the loss of this material into the stream.
Page 4 of 7
90'd d£E= TO t:0-10-unr,
HYDRAULIC PROJECT APPROVAL staft Of W"alosmu
$CW 77—IM100-appeal pursuant to Chapter 34.05 RCW Ov-t`°r;".b"A4 R`"
a"*—6 omm
�i 48 Dwim"M Itas1
DAIE OF ISSUE,Ma 21_-2M, 1_oc: TMBFR: 5T-F742Q_-U
38. Approach material shall be st uctxmally stable and shall be cornposed of material that if eroded into the water shall not
be detrimcvtal to fish life.
39. The bridge stringers shall be placed in a manner to minimize damage to the streambed or banks.
40. Approach,mstrrW shall be smKu rally stable and be composed of material that,if eroded into the stream,shall not be
detrimental to fish life.
SP Clt~`IC CONDrMNS FOR BULKNEAD REMOVAL:
41. A temporary bypass to divert flow around the work area Mall be in place prior to initiation of other work in the wetted
perimeter-
42. A sandbag revetment or similar device shall be inaalled at the bypass inlet to divert the entire flow through the bypass.
43. A sandbag revetment or girnilar device shall be installed err the downmeaan end of flu bypass to prevent backwater
from entering the work area
44. The bypus shall be of sufficient size to pass all flows sad debris for the ducat km of flee project.
45. Prior to releasing the aster flow to the project area, all bank protection shall be completed.
46. Upon completion of the project, all material used in the umiporary bypass shall be removed from the site sad the site
returned to pregrojeci or improved coaditions.
47. Any dcvicc used for diverting water from a fish-bearing stream sha11 be equipped with a fish guard to prevent passage
of fish into the diversion device pursuant to RCW 77.55,040 anal 77,16.220. Tbc pump intake shall be screened with
1/94rich mesh to prevent fish ffom entering the system. The screened intake shall consist of a facility with enough
surface area to ensure that the velocity dtrough the screen is less than 0.4 feet per second Screen m inteaawx shill be
adequate to ptevent injury or entrapirlent to juvcnik fish and the screen Ilan ten am in place whemr.er water is
withdrawn from the stremm Rough the pump intake.
SPBC'MC CONDITIONS FOR DIVERSION:
48_ The permit holder shall monitor stream flows and fish usage,and shall notify the Washington.Mparrnnent of Fish and
Wildlife(WDFW)sbould sacam flow"or fish passage problems develop_
49. If passage problems develop and fish becom trapped in the Salmon Viewing Area or water volumes am not sdcquate
in the stream or viewing area,dit Washington Depvtment of.Fish.and Wildlife personnel may,after cansultadon,
require modification of the suuctute.
SO- Arxumulated silts and gravel from the intake shell be removed. Material removed shall be placed so it will not re-
enter slam waters.
Page 5 of 7
90'd d>v�= LO EO- IO-VAC
HYDRAULIC PROJECT APPROVAL[, so"of W.M6u.%UW
a,...� RCW 77.55300-appeal purapant to Chapter 34.05 RCW ed rA6 wd waal fe
6 com"
y r1MnvaA dre itnrd
1f3 , Fr"C"MAG,W&MIMt"9v%3L."18
SPECMC CONDITIONS FOR OU YALL:
51. The omfall tttueturc shall be constructed to pn`vwt the entry of tiish.
52. The stream bank at the point of the discharge shall be armored to prevent scouring.
SEPA: MDNS by Mason County Department of Community Development rmd an April 17,ZW3.
APPLICATION ACCEPTED: May 19, 2003 ENFORCEMENT OMCER: Makoviney 031 [P2j
Gloria Rogers (360)493-3068 �j �� for Director
Area Hshiffit Biologist VfDF'
GE M RAL�PRQ V1,510N S
This Hydraulic Project Approval(HPA)pertains oaly to the provisms,of the Fisheries Code(RCW 77.55 -farmeriy
RCW 75.20), Additional audiotization 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 opexaror(s)
perfmnmg the work_
This HPA does riot aushorize trespass.
Ile persov(s)to whom this HPA is issued may be held liable for arty 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 cavil penalty of up to one
hundred dollars per day or a gross nrisdemeanor charge,possibly punishable by fine and/or unpuisonment.
All HPAs issued pursuant to RCW 77.55,100 or 77.55,200 are subject to additional restrictions, conditions or revocation if
the Depwtment of Fa and Wildlife dctermims that new biological or physical ird•'oma6m indicates the need for such
action. Thevermitue has the right pttrsuarit to Cxapter 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 permim= PROVIDED HOWEVER.that such modifications shall be subject to appeal to the Hydraulic Appeals
Board established in RCW 77.55.170.
APPEALS-GENERAL MORMATION
Pagc 6 of 7
LO"d
dVE : 10 EO--10—unr
HYDRAULIC PRQJECT�PPRR
RCW 7735.100-appeal pureuaat to trap t w
4
Rim 6 ORkr
mod is Dwo"Mr<Raw
+�a MMeeviaoa.W"Wag"M 48MI-%is
DATE QE ISSUE; MU ZL. W LOG NUAMR; 5T-F7420 01
IF YOU WISH TO APPEAL,A DENIAL OF OR CONDITIONS PROVTDBD 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 issnsnce of a HPA,or the wnditi=s or provisions made part of a HPA; or
(13) An order imposing civil pcu ties.
It is recommended that an awdeved party contact the Area Habitat Biologist aed discuss the concerns. Most problems
are resolved at this level,but if not,you may elevate yow concerns to his/her supervisor. A request for an INFORMAL
REVIEW shall be is WRITING to the Departmeart of Fish and Wildlik 600 Capitol Way North, Olympia,
WashirWtco 99501-1091 and Shall be RECEIVED by the Depamneni withian 30-days of the denial or issuance of a
HPA or receipt of an order imposing civil penalties. The 30-4ay time requirerc►ent may be stayed by the Dcpwtmcm if
negotiations are occurring between the aggrieved parry and the Area Habitat,Biologist and/or his/bcr supervisor. Tbc
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 guest an formal review of:
(A) The dta W or issuance of a HPA, or the conditions or provisions made part of a HPA;
(13) An order imposing civil penalties:or
(C) Any other'agency action"for which an adjudicative proceeding is requited under the Administrative
Procedure Act, Chapter 34.05 RCW.
A request for a FORMAT.APPEAL shall be in WRITING to the Depaturrent of Fish and Wildlife,600 Capitol Way
North,Olympia,Washingon 98501-1091, shall be plainly labeled as"REQUEST FOR FORMAL APPEAL"and shall
be RECEIVED DURING OFFICE HOURS by the Department within 30rdays of the Department action that is bmV
challenged. The time period for requesting a formal appeal is suspended during cot►sideration of a timely informal
appeal, If there has been an informal sppe&L the deadline for requesting a formal appeal sW be within 30-days of the
date of the Department's written decision in response:to the informal appeal,
C. FORMAT.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:he denial or issuance of a HPA, or the conditions or provislow
made part of a HPA may request a formal appeal. The rtqucat for FORMAL APPEAL shall be in WRITING to the
Hydraulic Appeals Board per WAC 259-04 at Euvirrvtunental Hearings Office,4224 Sixth Avenue SE,Building Two-
Rowe Six, Lacey,WasbsrWri 98504,telephone 360/459�327.
D. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS RFSULTS IN FORFEITURE OF ALL
APPEAL RIGHTS. IF THERE IS NO TWELY REQUEST FOR AN APPEAL,THE DEPARTMENT ACTION
SHALL BE FINAL AND UNAPPEALABLE.g
Page 7 of 7
80-d
d1l£ : rQ co- i0-uinp