HomeMy WebLinkAboutHydraulic Project Approval - PLN General - 5/25/2009 Washington Hi RALILIC PROJECT APPROVAL Coastal
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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: May 25, 2009 Control Number: 116656-1
Project Expiration Date: March 14, 2011 FPA/Public Notice#: N/A
PERMITTEE AUTHORIZED AGENT OR CONTRACTOR
Jack Van Horn Marine Floats Corporation
26314 Long Oak Drive 1208 East D St
Santa Clarita,WA 91321 Tacoma, WA 98421
253-383-2740
Fax:253-383-1102
Project Name: Van Horn/Sasten Float Extention
Project Description: Construct a 15' long x 32' wide float extension to existing dock.
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. Due to the lengthy spawning period of surf smelt in this portion of Puget Sound, work below the
ordinary high water line from July 1 through December 31 and January 1 through March 31 of any
year may be acceptable if a WDFW representative confirms a lack of spawn during a site
inspection. Arrangements for a site inspection shall be made with the Area Habitat Biologist listed
below. Work shall commence within 48 hours of notification by WDFW and shall be completed
within seven days of project commencement.
3. Work shall be accomplished per plans and specifications approved by the Washington
Department of Fish and Wildlife entitled Jack Vanhorn and Dwight Sasten, Case Inlet, Site Plan
and Adjacent Structures and dated September 30, 2008, except as modified by this Hydraulic
Project Approval. A copy of these plans shall be available on site during construction.
4. The structures shall comply with the following; the 7 x 8 foot float shall have 12% grating and the
32 x 8 foot float shall have 50% grating.
5. No portion of the dock or float system shall ground. A minimum space of 12 inches shall be
maintained at all times between the bottom of the dock or float and the beach grade.
6. Floats, rafts, and associated anchoring systems shall have been designed and shall have been
deployed so that the bed is not damaged.
7. Floatation for the structure shall be fully enclosed and contained to prevent the breakup or loss of
the floatation material into the water.
8. As specified in the application, the 3 pilings may be steel, plastic or ACZA treated wood but shall
not be creosote treated pilings.
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Washington H' RAULIC 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: May 25,2009 Control Number: 116656-1
Project Expiration Date: March 14, 2011 FPA/Public Notice#: N/A
9. 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.
10. Installation of rubbing strips shall be done within six months from the construction completion
date of the pier, ramp and float. The contractor shall be responsible for submitting a report, with
pictures documenting installation, to the Area Habitat Biologist listed below, immediately after
installation of rubbing strips.
11. All piling, lumber, and other materials treated with preservatives shall be sufficiently cured to
minimize leaching into the water or bed.
12. All lumber to be used for the project shall meet or exceed the standards established in 'Best
Management Practices For the Use of Treated Wood in Aquatic and Other Sensitive Environments'
developed by the Western Wood Preservers Institute, Wood Preservation Canada, Southern
Pressure Treaters' Association, and Timber Piling Council, dated August 1, 2006, and any current
amendments or addenda to it. Current amendments and addenda include but may not be limited to
'Amendment#1: CCA - Chromated Copper Arsenate', dated October 25, 2006; and 'Addendum #1:
ACC -Acid Chromated Copper', dated February 28, 2007.
13. The pier, ramp, float, and associated moorings shall have been designed and shall have been
located to avoid shading of eelgrass (Zostera spp).
14. 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).
15. Removal or destruction of overhanging bankline vegetation shall be limited to that necessary for
the construction of the project.
16. 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.
17. Project activities shall be conducted to minimize siltation of the beach area and bed.
18. 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
Washington Hi RAULIC 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: May 25, 2009 Control Number: 116656-1
Project Expiration Date: March 14,2011 FPA/Public Notice#: N/A
made to the Washington Military Department's Emergency Management Division at 1-800-258-
5990, and to the Area Habitat Biologist listed below.
19. 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.
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 Case Inlet Dock Extension
WORK START: June 15, 2009 IWORK END: March 14, 2011
WRIA: Waterbody: Tributary to:
14.9130 �Wria 14 Marine Puget Sound
1/4 SEC: Section: Township: Range: Latitude: Longitude: County:
SE 1/4 32 22 N 01 W N 47.35253 W 122.82564 Mason
Location#1 Driving Directions
Grapeview Loop Road to 380 E. Cronquist Road.
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.
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Washington H�', ,�AULIC PROJECT APPROVALi 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: May 25,2009 Control Number: 116656-1
Project Expiration Date: March 14, 2011 FPA/Public Notice#: N/A
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 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 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 fled.
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.
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Washington HI :AULIC PROJECT APPROVAL Coastal
Department of 48 Devonshire Road
FISH and RCW 77.55.021 -Appeal Pursuant to Chapter 34.05 RCW Montesano,WA 9B563
WILDLIFE (360)249-4628
Issue Date: May 25,2009 Control Number: 116656-1
Project Expiration Date: March 14, 2011 FPA/Public Notice#: N/A
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 Makoviney (31) P2
Habitat Biologist ��' for Director
' Margie Schirato 360427-2179 WDFW
CC: Dwight Sasten
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