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Home My WebLink AboutHydraulic Project Approval - PLN General - 2/14/2008 Washington Coastal Department HYDRAULIC PROJECT APPROVAL P 48 Devonshire fioad FISH and RCW 77.55.021 -Appeal pursuant to Chapter 34.05 RCW Montesano,WA 985C3 V �;fC ' V E p WILDLIFE (360)249-4628 FEB 2 6 2007 Issue Date: February 16,2007 Control Number: 108128-1 "MCO. PLPj•�„Q-DEPT. Project Expiration Date: February 14,2008 FPA/Public Notice#: N/A PERMITTEE AUTHORIZED AGENT OR CO OTR North Forty Lodging LLC FIG Forestry Consultant Pkase F1 ATTENTION: Brian McGinnis ATTENTION: Ron Gold 7101 East Highway 106 PO Box 681 Union, WA 98592 Hoodsport, WA 98548 425-369-9290 360-426-9540 To: F of y Project Name: Alderbrook Resort Beach Repair Project Description: Maintain drainage system by adding approximately 15 cubic 9 " -- 10 inch cobbles in trench and then cover with sand and pea gravel mix. Rebuild fallen rock wall in original location. 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 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 for the protection of surf smelt spawning beds. 3. Work shall be accomplished per plans and specifications approved by the Washington Department of Fish and Wildlife entitled Beach Repair, Alderbrook Resort and dated January 29, 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. Use of equipment on the beach shall not occur when the project area is inundated by tidal waters. 6. 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 parallel to the drainage system. Construction materials shall not touch the beach outside this work corridor. 7. All trenches, depressions, or holes created in the beach area shall be backfilled prior to inundation by tidal waters. 8. 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). Page 1 of 4 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: February 16, 2007 Control Number: 108128-1 Project Expiration Date: February 14, 2008 FPA/Public Notice#: N/A 9. Removal or destruction of overhanging bankline vegetation shall be limited to that necessary for the construction of the project. 10. 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. 11. 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. 12. Project activities shall be conducted to minimize siltation of the beach area and bed. 13. 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. 14. 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. 15. No petroleum products or other deleterious materials shall enter surface waters. 16. 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. 17. Project activities shall not degrade water quality to the detriment of fish life. PROJECT LOCATIONS Location #1 Alderbrook Resort WORK START: July 15, 2007 IWORK END: February 14, 2008 WRIA: Waterbody: Tributary to: 14.9120 �Wria 14 Marine Hood Canal 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: SW 1/4 33 22 N 03 W N 47.348 W 123.066 Mason Location#1 Driving Directions Page 2 of 4 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: February 16,2007 Control Number: 108128-1 Project Expiration Date: February 14,2008 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 parry,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 parry 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. Page 3 of 4 w 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: February 16, 2007 Control Number: 108128-1 Project Expiration Date: February 14, 2008 FPA/Public Notice#: N/A 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. 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) P2 Habitat Biologist for Director Margie Schirato 360-427-2179 WDFW CC: Grace Miller, Mason County DCD, Planning Division, P.O. Box 279, Shelton, WA 98584 Page 4 of 4