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HomeMy WebLinkAboutHydraulic Project Approval - PLN General - 8/20/2012 Coastal Washington HYDRAULIC PROJECT APPROVAL ,7 48 Devonshire Road r Department of Montesano,WA 98563 FISH and RCW 77.55.021-See appeal process at end of HPA (360)249-4628 WILDLIFE Issue Date:August 20,2012 Control Number: 128250-1 Project Expiration Date:February 14,2015 FPA/Public Notice#: N/A PERMITTEE AUTHORIZED AGENT OR CONTRACTOR City of Tacoma Public Utilities David Evans and Associates, Inc. ATTENTION: Pat Leach ATTENTION:Scott Swarts 3628 South 35th Street 415-118th Avenue SE Tacoma,WA 98409 Bellevue, WA 98005 253-502-8122 425-519-6593 Fax:253-396-3085 Fax:425-519-5361 Project Name: Potlatch Trans. Lines-North Bay Crossing Rebuild Project Description: Installing one new, approximately 170-foot-tall tubular steel tower at mid-bay to carry both circuits on davit arms. The two existing pairs of structures (four towers total) in the bay will be removed and replaced with this new taller, but narrower tower. PROVISIONS 1. Work below the ordinary high water line shall not occur from March 15 through June 14 of any year for the protection of migrating juvenile salmonids. 2. NOTIFICATION REQUIREMENT: The Area Habitat Biologist(AHB) listed below shall receive written notification (FAX or mail)from the person to whom this Hydraulic Project Approval (HPA) is issued (permittee)or the agent/contractor no less than three working days prior to the start of construction activities. The notification shall include the permittee's name, project location, starting date for work, and the control number for this HPA. 3. NOTIFICATION REQUIREMENT: The Enforcement Sergeant listed below shall receive written notification (FAX or mail)from the person to whom this Hydraulic Project Approval (HPA) is issued (permittee) or the agent/contractor no less than three working days prior to start of work, and again within seven days of completion of work to arrange for a compliance inspection. The notification shall include the permittee's name, project location, starting date for work or completion date of work, and the control number for this HPA. 4. Work shall be accomplished per plans and specifications approved by the Washington Department of Fish and Wildlife entitled Potlatch Transmission Lines North Bay Crossing Rebuild and dated April 18, 2012, except as modified by this Hydraulic Project Approval. A copy of these plans shall be available on site during construction. 5. The following sound attenuation methods shall be required for the driving or proofing steel piles with an impact hammer below the ordinary high water line: a. For steel piles, 10 inches in diameter or less, a 6 inch thick wood block shall be installed between the piling and the impact hammer during pile driving operations or a bubble curtain shall be installed around the pile during pile driving operations. b. For steel piles greater than 10 inches in diameter, a bubble curtain shall be installed around the pile during pile driving operations. Page 1 of 6 > Washington HYDRAULIC PROJECT APPROVAL Coastal am Department of 48 Devonshire Road FISH and RCW 77.55.021-See appeal process at end of HPA Montesano,WA 98563 WILDLIFE (360)2494628 Issue Date:August 20,2012 Control Number: 128250-1 Project Expiration Date:February 14,2015 FPA/Public Notice#: N/A 6. Beach area depressions created during project activities shall be reshaped to preproject beach level upon project completion. 7. Piles removed from the substrate shall be moved immediately from the water into a barge or onto uplands. The pile shall not be shaken, hosed off, left hanging to dry or any other action intended to clean or remove the adhering material from the pile. 8. All manmade debris on the beach shall be removed and disposed of upland such that it does not enter waters of the state. 9. 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. 10. 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. 11. All trenches, depressions, or holes created in the beach area shall be backfilled prior to inundation by tidal waters. 12. 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). 13. Removal or destruction of overhanging bankline vegetation shall be limited to that necessary for the construction of the project. 14. .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. 15. 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. 16. Project activities shall be conducted to minimize siltation of the beach area and bed. 17. 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 Military Department's Emergency Management Division at 1-800-258- 5990, and to the Area Habitat Biologist listed below. Page 2 of 6 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021-See appeal process at end of HPA Montesano,WA 98563 WILDLIFE (360)2494628 Issue Date:August 20,2012 Control Number: 128250-1 Project Expiration Date: February 14,2015 FPA/Public Notice#: N/A 18. All debris or deleterious material resulting from construction shall be removed from the beach prevented from entering area and bed and p 9 waters of the state. 19. Equipment used for this project shall be free of external petroleum-based products while working around the water. Equipment shall be checked daily for leaks and any necessary repairs shall be completed prior to commencing work activities around the water. 20. No petroleum products or other deleterious materials shall enter surface waters. 21. 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. 22. Project activities shall not degrade water quality to the detriment of fish life. PROJECT LOCATIONS Location#1 North Bay WORK START:. August 21, 2012 WORK END: February 14, 2015 WRIA: Waterbody: Tributary to: 15.9130 �Wria 15 Marine Puget Sound 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: W 1/2 16 22 N �01 W N 47.39016 W 122.81862 Mason Location#1 Driving Directions From Interstate 5 in Tacoma, merge onto State Route(SR)16 toward Gig Harbor/Bremerton(13.7 miles).Just past Gig Harbor, merge onto Purdy Drive NW/SR 16 West toward Purdy/Key Center(1.3 miles)Turn left onto SR 302/Gig Harbor-Longbranch Highway(5.2 miles).Take a slight right onto SR 302/Elgin Clifton Road N(5.6 miles).SR 302 becomes East SR 302.You are now traveling north along the east side of Case Inlet/North Bay and should see the overhead transmission lines and two towers along the left/west sides of the road when crossing under the wires. Parking is available at a WDFW beach access parking lot immediately north of the towers. To reach the project area on the west side of North Bay near Allyn,continue north on East SR 302,which will circle around the northern edge of North Bay.Once you have gone around the northern tip of North Bay you will be traveling south toward Allyn.The road changes to E North Bay Road.Again,you should see the overhead wires. Continue south towards Allyn,but where E North Bay Road intersects with SR 3,turn right/north.You will again see the overhead wires. Pull off the road at the existing side road on the right to review the existing structures to be removed, or continue up the road a hundred feet to a pull-off on the left to visit the area where the new structures are proposed Page 3 of 6 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021-See appeal process at end of HPA Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:August 20,2012 Control Number: 128250-1 Project Expiration Date:February 14,2015 FPA/Public Notice#: N/A Location #2 North Bay WORK START: August 21, 2012 IWORK END: February 14, 2015 WRIA: Waterbody: Tributary to: 14.9130 Wria 14 Marine Puget Sound 1/4 SEC: Section: Township: Range: I Latitude: Longitude: County: E 1/2 �17 �22 N 01 W N 47.39016 W 122.81862 Mason Location#2 Driving Directions From Interstate 5 in Tacoma,merge onto State Route(SR) 16 toward Gig Harbor/Bremerton(13.7 miles).Just past Gig Harbor, merge onto Purdy Drive NW/SR 16 West toward Purdy/Key Center(1.3 miles)Turn left onto SR 302/Gig Harbor-Long branch Highway(5.2 miles).Take a slight right onto SR 302/Elgin Clifton Road N(5.6 miles). SR 302 becomes East SR 302.You are now traveling north along the east side of Case Inlet/North Bay and should see the overhead transmission lines and two towers along the left/west sides of the road when crossing under the wires. Parking is available at a WDFW beach access parking lot immediately north of the towers. To reach the project area on the west side of North Bay near Allyn,continue north on East SR 302,which will circle around the northern edge of North Bay.Once you have gone around the northern tip of North Bay you will be traveling south toward Allyn.The road changes to E North Bay Road.Again,you should see the overhead wires. Continue south towards Allyn, but where E North Bay Road intersects with SR 3,turn right/north.You will again see the overhead wires. Pull off the road at the existing side road on the right to review the existing structures to be removed,or continue up the road a hundred feet to a pull-off on the left to visit the area where the new structures are proposed 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 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. Page 4 of 6 Washington HYDRAULIC PROJECT APPROVAL Coastal ijkDepartment of 48 Devonshire Road FISH and RCW 77.55.021-See appeal process at end of HPA Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:August 20,2012 Control Number: 128250-1 Project Expiration Date:February 14,2015 FPA/Public Notice#: N/A NOTE:You may request changes to this HPA. If you paid an application fee for your original HPA you must include payment of$150 with your written request or request billing to an account previously established with Washington Department of Fish and Wildlife. If you did not pay an application fee for the original HPA, no fee is required for a change to it. Requests for changes must include the HPA number,check number or billing account number,and a description of the requested change.Send your written requests and payment, if applicable,by mail to:Washington Department of Fish and Wildlife, PO Box 43234,Olympia,Washington 98504-3234. If you are charging the fee to a billing account number or you are not subject to the fee,you may email your request to HPAapplications@dfw.wa.gov. 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. A. INFORMAL APPEALS:WAC 220-110-340 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 Washington Department of Fish and Wildlife HPA Appeals Coordinator,600 Capitol Way North,Olympia,Washington 98501-1091; 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 will conduct an informal hearing 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 220-110-350 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 Washington Department of Fish and Wildlife HPA Appeals Coordinator,600 Capitol Way North, Olympia,Washington 98501-1091;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. Page 5 of 6 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road TVFISH and RCW 77.55.021-See appeal process at end of HPA Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:August 20,2012 Control Number: 128250-1 Project Expiration Date: February 14,2015 FPA/Public Notice#: N/A ENFORCEMENT: Sergeant Jackson(29) P2 Habitat BiologistQ�- for Director Margie Schirato 360-427-2179 "��J WDFW CC: I Page 6 of 6