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Home My WebLink AboutHPA Delic Creek Dredge - PLN General - 10/22/2013 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021(10),(12)-See appeal process at end of HPA Montesano,WA 98563 WILDLIFE RCW 77.55.021-See appeal process at end of HPA (360)249-4628 Issue Date: October 22,2013 Control Number: 132248-1 Project Expiration Date: October 21, 2018 FPA/Public Notice#: N/A PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Delic Nihad PO Box 1327 Belfair, WA 98528 Project Name: Delic Creek Dredge Project Description: Dredge the channel for approximately 150 feet from the county right-of-way to the maple tree. PROVISIONS 1. Work below the ordinary high water line shall only occur between Immediately and November 15, 2013. Work may occur at any time, provided the stream is dry, during calendar years 2014 through 2018. 2. Work shall be accomplished per plans and specifications submitted to the Washington Department of Fish and Wildlife, entitled "McElhaney Creek Restoration" and dated September 5, 2008, except as modified by this Hydraulic Project Approval (HPA). This HPA is for the dredge portion of the plan excluding the large woody material and the depressions in the channel associated with them. The copy of these plans shall be available on site during construction. CHANNEL 3. The dredged channel shall, at a minimum, be similar in length, width, depth, floodplain configuration, and gradient, as the old channel. The channel shall incorporate streambed materials, meander configuration, and native or other approved vegetation equivalent to or greater than that which previously existed in the old channel. 4. Upon completion of the dredging, the streambed shall contain no pits, potholes, or large depressions to avoid stranding of fish. 5. Spoils from the dredged channel and floodplain shaping shall be placed in an upland disposal site or, if appropriate, used to construct the dike. 6. Under no circumstances shall a blockage to stream flow or fish passage be created. EQUIPMENT 7. Equipment used for this project shall be free of external petroleum-based products while working around the stream. Accumulation of soils or debris shall be removed from the drive mechanisms Page 1 of 5 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021(10),(12)-See appeal process at end of HPA Montesano,WA 98563 WILDLIFE RCW 77.55.021-See appeal process at end of HPA (360)249-4628 Issue Date: October 22, 2013 Control Number: 132248-1 Project Expiration Date: October 21, 2018 FPA/Public Notice#: N/A (wheels, tires, tracks, etc.) and undercarriage of equipment prior to its working below the ordinary high water line. Equipment shall be checked daily for leaks and any necessary repairs shall be completed prior to commencing work activities along the stream. WATER QUALITY 8. Every effort shall be taken during all phases of this project to ensure that sediment-laden water is not allowed to enter the Union River. This may be accomplished by placing a series of low gravel bag dams downstream of the project. The gravel bag dams shall consist of burlap bags filled with pea gravel. The streambed and dams shall be overlain with filter fabric on the upstream side of the dams. Accumulated silt shall be removed with the filter fabric upon completion of the project and the burlap bags shall be slit to allow the pea gravel to disperse downstream. Where necessary, hand tools may be used to ensure stream flow and fish passage are not impeded by the gravel. 9. Erosion control methods shall be used to prevent silt-laden water from entering the stream. These may 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 mulching of exposed areas. 10. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. 11. Alteration or disturbance of the bank and bank vegetation shall be limited to that necessary to construct the project. Upon project completion, all disturbed areas shall be protected from erosion using vegetation or other means. Within one year of project completion, the banks shall be revegetated with native or other approved woody species. 12. 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), immediately stop work except for efforts to control leaks or spills or prevent toxic substances from entering the water and notify the Washington Military Department's Emergency Management Division at 1-800-258-5990, and to the Area Habitat Biologist listed below. Work shall not restart on the project until approved by the Area Habitat Biologist. Page 2 of 5 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021(10),(12)-See appeal process at end of HPA Montesano,WA 98563 WILDLIFE RCW 77.55.021-See appeal process at end of HPA (360)249-4628 Issue Date: October 22, 2013 Control Number: 132248-1 Project Expiration Date: October 21, 2018 FPA/Public Notice#: N/A PROJECT LOCATIONS Location #1 Delic Creek - Belfair WORK START: October 22, 2013 IWORK END: October 21, 2018 WRIA: Waterbody: Tributary to: 15.0508 Unnamed Union River 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: NW 1/4 16 23 N 01 W N 47.48943 W 122.81824 Mason Location#1 Driving Directions From Belfair, go north to 2590 NE Old Belfair Hwy. Site is to the north of the address,from county culvert and downstream. 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. 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.A minor modification to the required work timing means up to a one-week deviation from the timing window in the HPA when there are no spawning or incubating fish 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. Minor modifications do not require you to pay additional application fees or be issued a new HPA. To request a minor modification to your HPA, submit a written request that clearly Page 3 of 5 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021(10),(12)-See appeal process at end of HPA Montesano,WA 98563 WILDLIFE RCW 77.55.021-See appeal process at end of HPA (360)249-4628 Issue Date: October 22, 2013 Control Number: 132248-1 Project Expiration Date: October 21, 2018 FPA/Public Notice#: N/A indicates you are requesting a minor modification to an existing HPA. Include the HPA number and a description of the requested change and 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. Do not include payment with your request. 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 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 the department. If you did not pay an application fee for the original HPA, no fee is required for a change to it. To request a major modification to your HPA, submit a written request that clearly indicates you are requesting a major modification to an existing HPA. Include the HPA number, check number or billing account number, and a description of the requested change. Send your written request 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. 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. 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 Page 4 of 5 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021(10),(12)-See appeal process at end of HPA Montesano,WA 98563 WILDLIFE RCW 77.55.021-See appeal process at end of HPA (360)249-4628 Issue Date: October 22, 2013 Control Number: 132248-1 Project Expiration Date: October 21, 2018 FPA/Public Notice#: N/A 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. ENFORCEMENT: Sergeant Jackson (29) P3 Habitat Biologist for Director Gloria Rogers 360-249-1293 WDFW CC:Allan Borden, Mason County Department of Community Development (emailed) Page 5 of 5