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Home My WebLink AboutHPA Bulkhead - BLD Letters / Memos - 12/11/2023 Washington Department of Fish& Wildlife HYDRAULIC PROJECT APPROVAL PO Box43234 Olympia. WA 98504-3234 fbill iill.l),'.IHF (360)902-2200 Issued Date: February 13, 293LA1414ING Permit Number: 2023-6-65+01 Project End Date: April 07, 2023 FPA/Public Notice Number: N/A Application ID: 30812 PERMITTEE AUTHORIZED AGENT OR hilr D Permit Granted LLC EtEI David Dillard ATTENTION:Terri Schultz DEC 11 2023 71 E Grape Dr 4810 Pt Fosdick Dr NW#156 615 W. Alder Stree Grapeview, WA 98546 Gig Harbor, WA 98335-0723 Project Name: Dillard, Knuth, Cederstrom Expedited bulkhead replacements Project Description: Replace sections of failed bulkhead across three ownerships on the south end of Stretch Island. PROVISIONS AUTHORIZED WORK TIMES 1. This is an expedited HPA: all work must be done within 60 days of the permit issue date. 2. APPROVED PLANS: Work must be accomplished per plans and specifications submitted with the application and approved by the Washington Department of Fish and Wildlife, entitled "Dillard SP Complete.pdf" received 2/9/2023, except as modified by this Hydraulic Project Approval. You must have a copy of these plans available on site during all phases of the project construction. NOTIFICATION 3. PRE- AND POST-CONSTRUCTION NOTIFICATION: You, your agent, or contractor must contact the Washington Department of Fish and Wildlife by e-mail at HPAapplications@dfw.wa.gov; mail to Post Office Box 43234, Olympia, Washington 98504-3234;or fax to (360) 902-2946 at least three business days before starting work, and again within seven days after completing the work. The notification must include the permittee's name, project location, starting date for work or date the work was completed, and the permit number. The Washington Department of Fish and Wildlife may conduct inspections during and after construction; however, the Washington Department of Fish and Wildlife will notify you or your agent before conducting the inspection. 4. FISH KILL/WATER QUALITY PROBLEM NOTIFICATION: If a fish kill occurs or fish are observed in distress at the job site, immediately stop all activities causing harm. Immediately notify the Washington Department of Fish and Wildlife of the problem. If the likely cause of the fish kill or fish distress is related to water quality, also notify the Washington Military Department Emergency Management Division at 1-800-258-5990. Activities related to the fish kill or fish distress must not resume until the Washington Department of Fish and Wildlife gives approval. The Washington Department of Fish and Wildlife may require additional measures to mitigate impacts. STAGING, JOB SITE ACCESS AND EQUIPMENT 5. Establish the staging area (used for activities such as equipment storage, vehicle storage, fueling, servicing, and hazardous material storage) in a location and manner that will prevent contaminants like petroleum products, hydraulic fluid, fresh concrete, sediments, sediment-laden water, chemicals, or any other toxic or harmful materials from entering waters of the state. 6. Check equipment daily for leaks and complete any required repairs before using the equipment in or near the water. 7. Lubricants composed of biodegradable base oils such as vegetable oils, synthetic esters, and polyalkylene glycols Page 1 of 5 Washington Department of Fish&Wildlife HYDRAULIC PROJECT APPROVAL PO Box43234 Olympia, WA 98504-3234 (360) 902-2200 Issued Date: February 13, 2023 Permit Number: 2023-6-65+01 Project End Date: April 07, 2023 FPA/Public Notice Number: N/A Application ID: 30812 are recommended for use in equipment operated in or near water. 8. Operate vessels with minimal propulsion power to avoid prop scour damage to the bed and marine vegetation habitats. 9. Do not deploy anchors or spuds in seagrass or kelp. CONSTRUCTION-RELATED SEDIMENT, EROSION AND POLLUTION CONTAINMENT 10. Do not conduct project activities when the work area is inundated by tidal waters. 11. Prevent contaminants from the project, such as petroleum products, hydraulic fluid, fresh concrete, sediments, sediment-laden water, chemicals, or any other toxic or harmful materials, from entering or leaching into waters of the state. 12. Use tarps or other methods to prevent concrete dust, drill shavings and other debris from contacting the bed or waters of the state. BULKHEAD - ROCK 13. Establish the waterward distance of the rock bulkhead from a permanent benchmark(s) (fixed objects) before starting work on the project. The benchmarks must be located and shown on the approved plans, marked in the field, and protected to serve as a post-project reference for ten years. 14. Remove the existing bulkhead from the beach and deposit the bulkhead in an upland area above the limits of extreme high tidal water. 15. The waterward face of the rock bulkhead must be located no further waterward than the face of the existing functioning bulkhead except as shown in the approved plans. 16. Bury base rocks a minimum of 18 inches below the preproject natural beach grade. 17. Build the rock bulkhead using clean, angular material of a sufficient durability and size to prevent its being broken up or washed away by high water or wave action. 18. Incorporate all upland drainage tight lines into the bulkhead near beach grade to prevent erosion of the bed. 19. Keep the use of equipment on the beach to a minimum, confined to a single access point, and limited to a 25-foot work corridor waterward of the base rocks. Construction material must not touch the beach outside beach outside this work corridor. Equipment must not operate in water to access the barge. 20. Do not stockpile excavated materials containing silt, clay, or fine-grained soil waterward of the ordinary high water line. 21. Prior to tidal inundation, backfill all trenches, depressions, or holes created during construction waterward of the ordinary high water line. 22. As shown in the approved plans, the total length of the replacement bulkhead must not exceed 145 feet. DEMOBILIZATION/CLEANUP 23. Reshape beach area depressions created during project activities to preproject beach level upon project completion. 24. Remove all debris or deleterious material resulting from construction from the beach area or bed and prevent from entering waters of the state. PROVISIONS FOR ALL EMERGENCY AND EXPEDITED HPA PERMITS 25. Within 60 days, the applicant must arrange an onsite meeting to determine if emergency response measures must be removed and if there are remaining impacts to be mitigated. 26. Emergency response measures installed that do not meet current WAC standards must be removed and the site restored within 90 days, unless an alternative mitigation plan is approved by the Department.' Note: Removal and Page 2 of 5 Washington Department of Fish&Wildlife HYDRAULIC PROJECT APPROVAL PO Box 3234 Olympia, WA 98504-3234 17.�H :: 117LI11.11 t (360) 902-2200 Issued Date: February 13, 2023 Permit Number: 2023-6-65+01 Project End Date: April 07, 2023 FPA/Public Notice Number: N/A Application ID: 30812 restoration must be done in compliance with WAC and an HPA for work must be obtained. 27. In compliance with WAC, within 90 days of completion of work, all remaining impacts must be mitigated or an approved mitigation plan must be submitted to the Department for approval. (WAC 220-660-050 (4) (e)). 28. The WDFW Habitat Biologist must be notified when work authorized under this permit has been completed. LOCATION #1: Site Name: Dillard, Knuth, Cedarland 71 E Grape Dr, Grapeview, WA 98546 WORK START: February 13, 2023 WORK END: April 7, 2023 WRIA Waterbody: Tributary to: 15 - Kitsap Wria 15 Marine Puget Sound 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: All 17 21 N 01 W 47.3156 -122.8320 Mason Location #1 Driving Directions 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. 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 civil action against you, including, but not limited to, a stop work order or notice to comply, and/or a gross misdemeanor criminal charge, possibly punishable by fine and/or imprisonment. Page 3 of 5 Washington Department of Fish& Wildlife HYDRAULIC PROJECT APPROVAL PO Box 43234 Olympia, WA 98504-3234 FISH-,, �[ILULIFF (360) 902-2200 Issued Date: February 13, 2023 Permit Number: 2023-6-65+01 Project End Date: April 07, 2023 FPA/Public Notice Number: N/A Application ID: 30812 All Hydraulic Project Approvals issued under RCW 77.55.021 are subject to additional restrictions, conditions, or revocation if the Department of Fish and Wildlife determines that changed conditions require such action. The person(s) to whom this Hydraulic Project Approval is issued has the right to appeal those decisions. Procedures for filing appeals are listed below. MINOR MODIFICATIONS TO THIS HPA: You may request approval of minor modifications to the required work timing or to the plans and specifications approved in this HPA unless this is a General HPA. If this is a General HPA you must use the Major Modification process described below. Any approved minor modification will require issuance of a letter documenting the approval. A minor modification to the required work timing means any change to the work start or end dates of the current work season to enable project or work phase completion. Minor modifications will be approved only if spawning or incubating fish are not present within the vicinity of the project. You may request subsequent minor modifications to the required work timing. A minor modification of the plans and specifications means any changes in the materials, characteristics or construction of your project that does not alter the project's impact to fish life or habitat and does not require a change in the provisions of the HPA to mitigate the impacts of the modification. If you originally applied for your HPA through the online Aquatic Protection Permitting System (APPS), you may request a minor modification through APPS. A link to APPS is at http://wdfw.wa.gov/licensing/hpa/. If you did not use APPS you must submit a written request that clearly indicates you are seeking a minor modification to an existing HPA. Written requests must include the name of the applicant, the name of the authorized agent if one is acting for the applicant, the APP ID number of the HPA, the date issued, the permitting biologist, the requested changes to the HPA, the reason for the requested change, the date of the request, and the requestor's signature. Send by mail to: Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234, or by email to HPAapplications@dfw.wa.gov. You should allow up to 45 days for the department to process your request. MAJOR MODIFICATIONS TO THIS HPA: You may request approval of major modifications to any aspect of your HPA. Any approved change other than a minor modification to your HPA will require issuance of a new HPA. If you originally applied for your HPA through the online Aquatic Protection Permitting System (APPS), you may request a major modification through APPS. A link to APPS is at http://wdfw.wa.gov4icensing/hpa/. If you did not use APPS you must submit a written request that clearly indicates you are requesting a major modification to an existing HPA. Written requests must include the name of the applicant, the name of the authorized agent if one is acting for the applicant, the APP ID number of the HPA, the date issued, the permitting biologist, the requested changes to the HPA, the reason for the requested change, the date of the request, and the requestor's signature. Send your written request by mail to: Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234. You may email your request for a major modification to HPAapplications@dfw.wa.gov. You should allow up to 45 days for the department to process your request. APPEALS INFORMATION If you wish to appeal the issuance, denial, conditioning, or modification of a Hydraulic Project Approval (HPA), Washington Department of Fish and Wildlife (WDFW) recommends that you first contact the department employee who issued or denied the HPA to discuss your concerns. Such a discussion may resolve your concerns without the need for further appeal action. If you proceed with an appeal, you may request an informal or formal appeal. WDFW encourages you to take advantage of the informal appeal process before initiating a formal appeal. The informal appeal process includes a review by department management of the HPA or denial and often resolves issues faster and with less legal complexity than the formal appeal process. If the informal appeal process does not resolve your concerns, you may advance your appeal to the formal process. You may contact the HPA Appeals Coordinator at(360) 902-2534 for more information. Page 4 of 5 Washington Department of Fish & Wildlife HYDRAULIC PROJECT APPROVAL PO Box 43234 - Olympia. WA 98504-3234 FL�H.:t,r�,lii.IFF (360) 902-2200 Issued Date: February 13, 2023 Permit Number: 2023-6-65+01 Project End Date: April 07, 2023 FPA/Public Notice Number: N/A Application ID: 30812 A. INFORMAL APPEALS: WAC 220-660-460 is the rule describing how to request an informal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete informal appeal procedures. The following information summarizes that rule. A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request an informal appeal of that action. You must send your request to WDFW by mail to the HPA Appeals Coordinator, Department of Fish and Wildlife, Habitat Program, PO Box 43234, Olympia, Washington 98504-3234; e-mail to HPAapplications@dfw.wa.gov;fax to (360) 902-2946; or hand-delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. WDFW must receive your request within 30 days from the date you receive notice of the decision. If you agree, and you applied for the HPA, resolution of the appeal may be facilitated through an informal conference with the WDFW employee responsible for the decision and a supervisor. If a resolution is not reached through the informal conference, or you are not the person who applied for the HPA, the HPA Appeals Coordinator or designee may conduct an informal hearing or review and recommend a decision to the Director or designee. If you are not satisfied with the results of the informal appeal, you may file a request for a formal appeal. B. FORMAL APPEALS: WAC 220-660-470 is the rule describing how to request a formal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete formal appeal procedures. The following information summarizes that rule. A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request a formal appeal of that action. You must send your request for a formal appeal to the clerk of the Pollution Control Hearings Boards and serve a copy on WDFW within 30 days from the date you receive notice of the decision. You may serve WDFW by mail to the HPA Appeals Coordinator, Department of Fish and Wildlife, Habitat Program, PO Box 43234, Olympia, Washington 98504-3234; e-mail to HPAapplications@dfw.wa.gov-,fax to (360) 902-2946; or hand-delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, you may request a formal appeal within 30 days from the date you receive the Director's or designee's written decision in response to the informal appeal. C. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS: If there is no timely request for an appeal, the WDFW action shall be final and unappealable. Habitat Biologist Noll.Steinweg@dfw.wa.gov for Director Noll Steinweg 360-628-2173 WDFW Page 5of5