The URL can be used to link to this page

Home My WebLink AboutHPA Stream - PLN General - 9/13/2005 9/14/2005 Case Activity Listing 11:04:20AM Case#: ENF2005-00232 P10 Assigned Done Activity Description Date I Date 2 Date 3 Hold Disp To By Updated Updated By ENF13003 STOP WORK POSTED 8/5/2005 None DONE CMM Sip 8/11/2005 Sip ENFB001 Inspection 8/5/2005 8/8/2005 None DONE Sip Sip 8/11/2005 Sip 8/5/05 Chuck McCoy Stop Worked site per SDP's request. 8/8/05 Stephanie P performed site inspection. Stream diverted and extensive excavation has occurred. Stream is flowing through a new 6'white tube.Tubing does not appear to be big enough to handle the flow. sjp ENFA900 Telephone Call 8/9/2005 None DONE Sip 8/11/2005 Sip Mr.Sarver has called Bob Fink several times and called me. He informed me that the work he is doing is to repair a dam that he made years ago in the upland stream. The dam has filled with gravel and is fai liing. If a significant rainfall occurs,the neighbors houses will get flooded. He wants to get the appropriate permits done ASAP so that he can complete the dam replacement prior to any rainfall. sjp ENFA510 Letter attached. See documents 8/11/2005 None DONE Sip 8/11/2005 Sip SJP mailed Mr.Sarver a letter outlining requirements. He needs to submit an MEP and JARPA,along with a joint HMP/Restoration Plan. If he submits these by September 9,2005,the standard fees will apply due to the nature of this case. If he submits them after that date,the triple-fees will be applied.sjp ENFA010 Complaint Received 8/11/2005 None Sip 8/11/2005 Sip ENFA500 Photos attached. See Documents 8/25/2005 None DONE Sip 8/25/2005 Sip ENFA400 Compliance Due Date 8/11/2005 9/9/2005 8/29/2005 None DONE Sip Sip 9/14/2005 Sip By September 9,2005,property owner must submit a joint HMP/Restoration Plan, MEP,and send a JARPA to WDFW. The MEP will have standard fees if submitted on time. If submitted after 9/9,triple feeswill apply. sjp ENFC004 Complaint Resolved 9/14/2005 None DONE Sip 9/14/2005 Sip Mr.Sarver submitted a JARPA to DFW and was issued a HPA by Jeff Davis on 8/29/05. Since this was issued,no other permits are necessary.Property owner must follow the conditions of the HPA. If Mr. Sarver wants to redirect the streal channel at a leter date,he will have to apply for an MEP and HMP at that time. sjp Page I of 1 CaseActivity..rpt Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.100-Appeal pursuant to Chapter 34.05 RCW Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date: August 29, 2005 Control Number: 102760-1 Project Expiration Date: October 15, 2005 FPA/Public Notice#: N/A PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Charles Sarver E D 1881 NE Old Belfair Highway ! _ J Belfair, WA 98528 EE 7 20 5 360-275-1867( ) MCCD - ING Project Name: Stream Channel Relocation Project Description: Relocation of an existing stream channel back into the historic channel. PROVISIONS 1. TIMING LIMITATIONS: The project may begin August 30, 2005 and shall be completed by October 15, 2005. 2. NOTIFICATION REQUIREMENT: The Area Habitat Biologist 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 within seven days of completion of work. 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. 3. Work shall be accomplished per plans and specifications approved by the Washington Department of Fish and Wildlife entitled Charles Sarver and dated August 26, 2005, except as modified by this Hydraulic Project Approval. A copy of these plans shall be available on site during construction. Stream Channel Relocation Provisions: 4. The permanent new channel shall, at a minimum, be similar in length, width, depth, floodplain configuration, and gradient, as the old channel. The new channel shall incorporate fish habitat components, streambed materials, meander configuration, and native or other approved vegetation equivalent to or greater than that which previously existed in the old channel. 5. During construction, the new channel shall be isolated from the flowing stream by plugs at the upstream and downstream ends of the new channel. These plugs shall be substantial enough to prevent flood flows from entering the new channel during construction. 6. Spoils from the new channel shall be spread at an even depth above the new streambank. This material shall not be deposited in a berm along the stream channel. 7. The angle of the structure used to divert the stream into the new channel shall allow a smooth transition of stream flow. Page 1 of 5 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.100-Appeal pursuant to Chapter 34.05 RCW Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:August 29, 2005 Control Number: 102760-1 Project Expiration Date: October 15, 2005 FPA/Public Notice#: N/A 8. Diversion of flow into the new channel shall be accomplished by the following: 1. First remove the downstream plug. 2. Face the stream side of the plug with a sandbag revetment or similar approved mechanism. 3. Partially remove the upstream plug to allow 1/3 to 1/2 of the flow down the new channel for at least overnight. The old channel shall not be allowed to dewater. 4. Remove the rest of the upstream plug once the new channel has flow throughout its entire length. 9. Less than 50 cubic yards of material shall be removed without additional State Environmental Policy Act (SEPA) review. Equipment Provisions: 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. 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. 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 Department of Ecology at 1-800-258-5990, and to the Area Habitat Biologist listed below. 13. Erosion control methods shall be used to prevent silt-laden water from entering the stream. 14. All waste material such as construction debris, silt, excess dirt or overburden resulting from this project shall be deposited above the limits of flood water in an approved upland disposal site. 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. Re-vegetation Provision: Page 2 of 5 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.100-Appeal pursuant to Chapter 34.05 RCW Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date: August 29, 2005 Control Number: 102760-1 Project Expiration Date: October 15, 2005 FPA/Public Notice#: N/A 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 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. PROJECT LOCATIONS Location #'. Sarver Residence WORK, START: August 30, 2005 IWORK END: October 15, 2005 ,(RIA: Waterbody: Tributary to: 5.0508 Unnamed Union River 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: I SE 1/4 17 23 N 01 W N 47.48398 W 122.82928 Mason Location#1 Driving Directions NOTES This Hydraulic Project Approval (HPA) does not constitute an after-the-fact HPA for work previously conducted below the ordinary high water line without a valid HPA, nor does it relieve the person(s) to whom this HPA is issued from any legal responsibilities for that previously conducted work. APPLY TO ALL HYDRAULIC PROJECT APPROVALS This Hydraulic Project Approval pertains only to the provisions of the Washington State Fisheries and Wildlife Code, specifically RCW 77.55 (formerly RCW 75.20). 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. It is the responsibility of the permit holder to secure any landowner permissions or use authorizations as needed for the project. 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 or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. Page 3 of 5 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.100-Appeal pursuant to Chapter 34.05 RCW Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:August 29, 2005 Control Number: 102760-1 Project Expiration Date: October 15, 2005 FPA/Public Notice#: N/A All Hydraulic Project Approvals 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 person(s)to whom this Hydraulic Project Approval is issued has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All Hydraulic Project Approvals 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 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 77.55.170. CHAPTER 77.55 RCW RE-CODIFIED: Chapter 77.55 RCW was re-organized and re-codified by the 2005 Legislature in Second Substitute House Bill 1346, signed into law by Governor Gregoire as Chapter 146, Laws of 2005. Chapter 146. Lawp of 2005 became effective July 24, 2005. The Code Reviser's Office.is in the process of completing the re-codification and conversion of the bill into RCW. The RCW referenced at the top of this HPA has been superseded by Chapter 146, Laws of 2005. Until the re- codification process has been completed,the following reflects the section(s)of Chapter 146, Laws of 20057 under which sections of former Chapter 77.55 RCW can now be found: FORMER CHAPTER 146 TITLE 77.55 RCW LAWS of 2005 h RCW 77.55.010 Sec.406 , RCW 77.55.100 Sec. 101, 201, 301, 507, 508, 601, 605 RCW 77.55.110 Sec. 101,201 RCW 77.55.150 Sec. 101, 303,401 RCW 77.55.200 Sec. 501 RCW 77.55.210 Sec. 504 RCW 77.55.220 Sec. 101, 502 RCW 77.55.270 Sec. 101,402 RCW 77.55.280 Sec.403 RCW 77.55.290 Sec. 505 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 77.55.100, 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 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 Environmental 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 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 a formal review of: Page 4 of 5 • Washington Department of HYDRAULIC PROJECT APPROVAL Coastal 48 Devonshire Road FISH and RCW 77.55.100-Appeal pursuant to Chapter 34.05 RCW Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:August 29,2005 Control Number: 102760-1 Project Expiration Date: October 15,2005 FPA/Public Notice#: N/A (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 77.55.110, 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 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. 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 Jackson (29) P3 Jeff Davis 360-895-3965 - for Director Habitat Biologist -Y `# `7 ' WDFW CC: Rick Mraz, Mason County DCD Marty Ereth, Skokomish Tribe Natural Resources Dept. Page 5 of 5 r MASON COUNTY Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Punning Elma (360 Mason County Bldg. 1411 N.5th ) 4 82-5269 P.O.Box 279 Shelton,WA 98584 CW BIII August 11, 2005 Charles Sarver 1881 Old Belfair Highway Belfair, WA 98528 NOTICE OF MASON COUNTY CODE VIOLATION ENFORCEMENT CASE FILE NUMBER:ENF2005-00232 PARCE LUUMBER: 12317-42-01010 SITE ADDRESS: 1881 Old Belfair Highway TAX ASSESSOR RECORD INFORMATION: Charles Sarver 1881 Old Belfair Highway Belfair,WA 98528 Dear Mr. Sarver, On August 8, 2005, I inspected the property located at 1881 Old Belfair Highway in response to a complaint received by the Mason County Department of Community Development. The complaint was in reference to digging and trenching activity that was occurring in a stream and its buffer. During my inspection, I documented that there is a large area along an unnamed creek that has been excavated and fresh dirt was exposed. The upland end of the creek has a natural stream bed, with the lower 3oo feet (approximate) excavated and routed through white 6" piping. This piping is then projecting approximately 5 feet above the water level out into a fish-bearing pond. It was noted during my site inspection that the flow of the upland end of the stream appears to require larger tubing than what you have provided for. In my conversation with you on the phone on Tuesday, August 9, you indicated that this portion of the stream has always been routed through plastic tubing. You also indicated that you are replacing an upstream dam that has been recently failing due to large gravel deposits. You have also indicated that this dam needs to be replaced prior to any significant rainfall occurrence. The Mason County Resource Ordinance does allow a provision for stream relocation in Section 17.01.110(G)(1)(d), which I have included for your reference. Stream Relocation is an activity that is discouraged, although it may be permitted for the purpose of fisheries restoration and requires a Mason Environmental Permit and a Habitat Management Plan. Because of the extensive excavation activity that occurred, a Restoration Plan will also be required for replanting the exposed areas of soil within 150 feet of the stream, which is classified as a Type III stream. The Habitat Management Plan and Restoration Plan can be prepared jointly by a biologist, plant ecologist, or similarly qualified professional. By preparing these documents jointly, you will only have to submit one review fee of$360. The Mason Environmental Permit requires a $510 fee at the time of submittal; also at the time of submittal, you can specify that this is an "emergency"permit application. The Stream Relocation section of the Mason County Code also states a provision that you must obtain Hydraulic Permit Approval from the Washington State Department of Fish and Wildlife (WDFW). I have included the JARPA form for you to submit to WDFW. You must submit three copies of this document to the regional office,which is referenced in the back of the JARPA form. There is no fee for submitting this document. As an enforcement official, I have the authority to charge triple fees for any permit that is submitted in an after-the-fact fashion. This would raise the cost of your Mason Environmental Permit to$1,530 rather than the standard$510. Because of the nature of this case,I will extend a 30-day grace period for you to submit the Habitat Management Plan/Restoration Plan, Mason Environmental Permit, and JARPA. If you submit these documents before September 9, 2005, the standard fees will be applied. If you submit these documents after September 9,2005,the triple fees will be required. If you have questions regarding this matter,please contact me at(360)427-9670 ext. 602. Thank you for your anticipated cooperation. Sincerely, Stephanie Pawlawski Planner,Code Enforcement WWI 1400040 .,4 p 2/37 x ,1 1401 1490061 1490062 14900M x >x. 330.E S-1 1a3 1► : ti /g A `Rye 4291002 4201020 a- y: �q r192 O/0 ! ME mix-Upft:b 42 9i001 fie? a 4100 4190 i & ". fti� i 6iA9418�y 040 4100 33 090 41#S1iaS0. » " 4290020 ti 4290 0000600 1t 010 • � `�� t 4190 a i sao�._.....r k SP 1 701 r✓::: „i 4100000 5 93/IS2 76 76 _. 90(?32 . 90033 �. 3490 3490 76 030 040, '90031 p c 4300 T6 90030 070 sP l800 a �3Up SP 271 4400000 '3�490 ao 4300080 024,' S 1/52�! S 2/1/2 d 5P /597 ?R A S ysa 430 090 3490 4490 2s 020 Aq10 0 $ 4300 S //52 a b o 040 SP 23 4300 4390030 050 OLD M.FAIR UNION l� RIVER MASON COUNTY RESOURCE ORDINANCF July 2003 LIST OF ADJACENT PROPERTY OWNERS WITHIN 300 FEET OF YOUR PROPERTY BOUNDARIES FOR CONDITIONAL USE AND VARIANCE Addresses are to be obtained from the Mason County Assessor's Office, Bldg. 1, Second Floor. � � 1 In - --- - - -- 07 /6S SAh vP War VQ iy ranee-"-c� kbeu4 Jcc �� be `� a �1 CJ�5 or e s-caAl n j , IAz j wj , vva-vJ-cc(_ t6 (ace - - '(Vlk- Piloe ct,KC� CIOnc,.-Aeje U-^ 'fie C a-XA-., Off ' eko 4{ aj wo,-IL I its 1 o rt aS �i.Q dc'c( Jo a w j cu ov)(�5 , to l-i �, &,- o-� 4ws we Y cx��w1�� l oQol -f- -L a.Qs o to( v fi►f'rvA <`P -fz,-Wa,d vU,l` t, fh'p X� aA,4_ ,ba�,L -fb tiJk2.r� r�� IL Oe� tZ '7q QV J PGLv S p��o ✓ f-b Cho i �q V J "/ . - / � � ,- �, -�, . � � , ; _ `- - , ;� I �� o � �� k . S , � � b I � _ // � . —� 1 � j �� tti j /