HomeMy WebLinkAboutHydraulic Project Approval - PLN General - 4/20/2004 HYDRAULIC PROJECT APPROVAL State of Washington
RCW 77.55.290-appeal to Hydraulic Appeal Board Department of Fish and Wildlife
Region 6 Office
FISH and 48 Devonshire Road
WOIN Montesano,Washington 98563-9618
DATE OF ISSUE: April 20, 2004 LOG NUMBER: ST-F9948-01
A. INFORMAL APPEALS (WAC 220-110-340)OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW
77.55.100, 77.55.110, 77.55.140, 77.55.190, 77.55.200,and 77.55.290:
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 HPA, or the conditions or provisions made part of a HPA; or
(B) An order imposing civil penalties.
It is recommended that an aggrieved party contact the Area Habitat Biologist and discuss the concerns. Most
problems are resolved at this level,but if not,you may elevate your concerns to his/her supervisor. A request for an
INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildlife, 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 HPA or receipt of an order imposing civil penalties. The 30-day time requirement may be stayed by the
Department if negotiations are occurring between the aggrieved party and the Area Habitat Biologist and/or his/her
supervisor. The Habitat Protection Services Division Manager or his/her designee shall conduct a review and
recommend a decision to the Director or its designee. If you are not satisfied with the results of this informal appeal,
a formal appeal may be filed.
B. FORMAL APPEALS (WAC 220-110-350)OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW
77.55.100 OR 77.55.140:
A person who is aggrieved or adversely affected by the following Department actions may request an formal review
of-
(A) The denial or issuance of a HPA,or the conditions or provisions made part of a HPA;
(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,600 Capitol Way
North,Olympia,Washington 98501-1091, shall be plainly labeled as "REQUEST FOR FORMAL APPEAL" and
shall be RECEIVED DURING OFFICE HOURS by the Department 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 77.55.110, 77.55.200,
77.55.230,or 77.55.290:
A person who is aggrieved or adversely affected by the denial or issuance of a HPA,or the conditions or provisions
made part of a HPA 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 393,LAWS OF 2003:
A person who is aggrieved or adversely affected by the denial or issuance of a HPA,or the conditions or provisions
made part of a HPA may request a formal appeal. The FORMAL APPEAL shall be in accordance with the provisions
of Chapter 393. The request for FORMAL APPEAL shall be in WRITING to the Environmental and Land Use
Hearings Board.
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.
Page 4 of 4
HYDRAULIC PROJECT APPROVAL State of Washington
Awimm of RCW 77.55.290 - appeal to Hydraulic Appeal Board Department of Fish and Wildlife
Region 6 Office
Frs$0"d 48 Devonshire Road
WOLN Montesano,Washington 98563-9618
DATE OF ISSUE: Apri120,2004 LOG NUMBER: ST-F9948-01
vegetation or other means. Within one year of project completion,the banks, including riprap areas, shall be
revegetated with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval
of three feet(on center) and maintained as necessary for three years to ensure 80 percent survival.
SEPA: No SEPA Required
APPLICATION ACCEPTED: April 20,2004 ENFORCEMENT OFFICER: Hughes(071) [P1]
Jeff Davis (360) 895-3965 '
`c� for Director
Area Habitat Biologist " "FW
cc: Rick Mraz,Mason County Planning Dept.
Marty Ereth, Skokomish Tribe Natural Resources Dept.
GENERAL PROVISIONS
This Hydraulic Project Approval(HPA)pertains only to the provisions of the Fisheries Code(RCW 77.55 - formerly
RCW 75.20). Additional authorization from other public agencies may be necessary for this project.
This HPA shall be available on the job site at all times and all its provisions followed by the permittee and operator(s)
performing the work.
This HPA does not authorize trespass.
The person(s)to whom this HPA is issued may be held liable for any loss or damage to fish life or fish habitat which
results from failure to comply with the provisions of this HPA.
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 or a gross misdemeanor charge,possibly punishable by fine and/or imprisonment.
All HPAs issued pursuant to RCW 77.55.100 or 77.55.200 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 permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All HPAs issued pursuant
to RCW 77.55.110 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation
with the permittee: PROVIDED HOWEVER,that such modifications shall be subject to appeal to the Hydraulic Appeals
Board established in RCW 77.55.170.
APPEALS-GENERAL INFORMATION
IF YOU WISH TO APPEAL A DENIAL OF OR CONDITIONS PROVIDED IN A HYDRAULIC PROJECT
APPROVAL, THERE ARE INFORMAL AND FORMAL APPEAL PROCESSES AVAILABLE.
Page 3 of 4
HYDRAULIC PROJECT APPROVAL State of Washington
Arpaa/ RCW 77.55.290- appeal to Hydraulic Appeal Board Department of Fish and Wildlife
F1Sg� Region 6 Office
48 Devonshire Road
wolm Montesano,Washington 98563-9618
DATE OF ISSUE: April 20, 2004 LOG NUMBER: ST-179948-01
Bank Protection Construction Provisions:
5. Bank protection work shall be restricted to work necessary to protect the eroding bank.
6. Placement of bank protection material waterward of the ordinary high water line shall be restricted to the minimum
amount necessary to protect the toe of the bank or for installation of mitigation features approved by the Washington
Department of Fish and Wildlife.
7. Bank protection material shall be small trees and LWD. River gravels or other round cobbles shall not be used as
exterior armor.
8. Fish habitat components such as logs, stumps, and/or large boulders are required as part of the bank protection
project to mitigate project impacts.
Equipment Provisions:
9. Equipment used for this project shall operate stationed on the existing river bank.
10. Equipment used for this project may operate below the ordinary high water line,provided the drive mechanisms
(wheels,tracks, tires, etc.) shall not enter or operate below the ordinary high water line. Hand tools shall be used to
anchor small trees below the ordinary high water mark.
11. Equipment used for this project shall be free of external petroleum-based products while working around the stream.
Equipment shall be checked daily for leaks and any necessary repairs shall be completed prior to commencing work
activities along the stream.
Water Quality Provisions:
12. Wooden components which will be in contact with the water shall not contain creosote or pentachlorophenol.
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),operations shall cease and the Washington Department of
Fish and Wildlife at(360) 895-3965 and Washington Department of Ecology at(425)649-7229 shall be contacted
immediately. Work shall not resume until further approval is given by the Washington Department of Fish and
Wildlife.
14. Every effort shall be taken during all phases of this project to ensure that sediment-laden water is not allowed to enter
the stream.
15. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow
subsides.
16. Extreme care shall be taken to ensure that no petroleum products,hydraulic fluid, fresh cement, sediments, sediment-
laden water,chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the stream.
17. Alteration or disturbance of the bank and bank vegetation shall be limited to that necessary to construct the project.
Within seven calender days of project completion, all disturbed areas shall be protected from erosion using
Page 2 of 4
HYDRAULIC PROJECT APPROVAL State of Washington
o/ RCW 77.55.290- appeal to Hydraulic Appeal Board Department of Fish and Wildlife
FJ�oad Region 6 Office
48 Devonshire Road
RUN Montesano,Washington 98563-9618
.F
DATE OF ISSUE: AD6120, 2004 l -� dc.) y a LOG NUMBER: ST-179948-01
TO BE KEPT IN THE
=11 r=
rhMPEEIMIM rZ AUTHORIZED AGENT OR CONTRACTOR
Peggy Matkins Mason Conservation District RECEIVE
1041 Old Belfair Highway 1051 SE Highway 3, Suite G
Belfair, WA 98528 Shelton,WA 98584 APR 2 2 2004
360 275-5186 (360)427-9436
MCCD - PLANNING
PROJECT DESCRIPTION: Construct a tree and LWD crib wall to stabilize the river bank
erosion.
DATABASE PROJECT DESCRIPTION: New,Fixed, Temporary, Wood,Raw(logs, rootwads), Bank Protection,
<101 feet, Freshwater, Buried Below Bed.
PROJECT LOCATION: 1041 Old Belfair Highway,Belfair,WA(Lat. N 47.46858, Long. W 122.82881)
# WRIA WATER BODY TRIBUTARY TO 1/4 SEC. SEC. TOWNSHIP RANGE COUNTY
1 15.0503 Union River Lynch Cove NE 20 23 North 01 West Mason
NOTE: This Hydraulic Project Approval pertains only to the provisions of the Washington State Fisheries and Wildlife
Codes. It is the permittee's responsibility to apply for and obtain any additional authorization from other public
agencies(local, state and/or federal)that may be necessary for this project.
PROVISIONS
1. TIMING LIMITATIONS: The project may begin Immediately and shall be completed by September 15,2004,
provided:
a. Work below the ordinary high water line shall only occur between July 15, 2004 and September 15, 2004.
2. NOTIFICATION REQUIREMENT: The permittee or contractor shall notify WDFW Enforcement Officer Hughes
(071)by mail at the above address or by FAX at(360) 902-2155 at least three working days prior to the start of
construction activities. Notification shall include the permittee's name,project location, starting date for work, and
the control number for this Hydraulic Project Approval.
3. NOTIFICATION REQUIREMENT: The Area Habitat Biologist listed below shall be contacted at least 3 working
days prior to start of work, and again within seven days of completion of work to arrange for compliance inspection.
4. Work shall be accomplished per plans and specifications entitled, Shoreline Erosion Protection-Matkins Property,
dated March 16,2004, and submitted to the Washington Department of Fish and Wildlife, except as modified by this
Hydraulic Project Approval. These plans reflect design criteria per Chapter 220-110 WAC. These plans reflect
mitigation procedures to significantly reduce or eliminate impacts to fish resources. A copy of these plans shall be
available on site during construction.
Page 1 of 4
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1/2 Tree Branch Ilia, 2/3 Tree Height
OH WL OH WL Z
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4 (�
\ Min. 3 anchor
stakes per tree. O
Cross Section Profile View a o
Small Tree Bank Protection Small Tree Bank Protection a) Q
"Looking Downstream" Avg.Tree Height=6' Z L
Avg.Tree Branch Dia.at Base=3' 11Ln
Notes: O c
' 1. Use 2"x2"x4'Wooden Stakes,drive at least 3 per tree. Tie tree to stakes using 1/2"(min)manila rope. = Y �°
2. Install trees with base oriented upstream,beginning at downstream end of project. "Shingle"the trees.with the W 2 cu m
top 1/3 of the upstream trees overlapping the bottom 1/3 of the downstream trees. W
3. Space trees closely in parallel to create a dense"mat"of branches which will slow water velocity against the
Scale: 1"=20' 1,�' ?
1 protected bank soils.
O 1111 4. Nest upstream edge of tree protection under the failed concrete wall adjacent to the garage. J
t 5. This bank protection system will need periodic maintenance as the trees decay or are damaged by impact. LU
If possible,add additional small trees while leaving existing trees in place to increase branch density. O
6. Protect upstream edge of installation by wedging additional LWD into existing logjam.
Existing LWD / ,� Reference: Fig.6-10&6-20,WDFW ISBPG N
i
Site and Reach Analysis:
.,y Q Fence This location is just South of the Union River Bridge on the Old Belfair Highway. 3
/ 0 C- 0- Upstream of the bridge,there is a river meander with several river front homes rn C7
on the outside of the meander bend. Several of these properties have been cleared Q
Wedge Add'l LWD into existing Log Jam of large woody vegetation along the stream bank,and have rip-rap bank protection
—� Wedge Small Trees behind Fallen Concrete Wall installed. Downstream of the bridge,the meanders appear to be extending,causing
toe scour on the outside of the meander bends. This results in the lengthening of }
the river channel and recruitment of sediment and LWD. At the project location, V
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the gravel bar also appears to be extending. The outside of this meander bend,to H
(�1 / include the project property,have all been cleared of large woody vegetation. Just
7 ( f upstream of the project location,there are several LWD pieces and structures,some Q
'f which appear to have formed naturally,and others that have been cabled into place.
These appear to provide increasing protection to the outside of the meander bend as p
0
the pposite gravel bar extends. +—
'`7f Canopy Garage Canopy House Theo upper soils at the project location are sandy and cohesionless. The soils at and a
/ ply g py below the waterline are consolidated sand with a cohesive clay content. The toe scour L �.
is"riding"over the cohesive,consolidated layer,attacking the non-cohesive sands, N
1041 Old Belfair Highway and producing vertical cut banks which later fail at slope angle of about 2:1. o
A comer post of a canopy structure at the rear of the residence has already been O s
—65' undermined,and erosion is also progressing toward the propery's well head. U
This project proposes the use of LWD on the upstream edge and installation of small
trees further downstream to reduce shear along the bank soils. O
It appears that meander extension upstream of the project location will eventually O yi
reach equilibrium in uninhabited areas between this property and the bridge. g
The stream banks downstream of this property appear to be relatively stable.
The proposed installation is expected to provide shade,cover,and flood refuge for fish
in this reach,all of which have been degraded due to past clearing activity.
Fence