HomeMy WebLinkAboutSHR99-0016 JARPA, HPA, and Department of the Army - SHR Permit / Conditions - 7/27/1999 MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
SHORELINE MANAGEMENT ACT OF 1971
PERMIT FOR SHORELINE MANAGEMENT
Type of Action (s) Case # : SHR99-0016
(*) Substantial Development Permit Agency: MASON COUNTY
( ) Conditional Use Permit Issued:
( ) Variance Permit Expire: 7 a-7 -�coJ
Pursuant to RCW 90 . 98 , A permit is hereby granted denied to:
HOWARD AND NANCY BAUER 155 E COMMUNITY C ELTON WA
98584
To undertake the following development : Construction- of a pier, ramp and
float facility located 100 ' beyond the OHWM
upon the following address :
PARCEL#: 220041190220
ADDRESS : 155 E COMMUNITY CLUB RD SHELTON
LEGAL: TR 22 OF E1/2 NE1/4 & TAX 808-D TR 3 OF SP #324
PROJECT LOCATION: Pickering Passage - Tract 22 of E 1/2 NE 1/4 of Sec
4, Twn 20, R 2 W
Within PICKERING PASSA and/or its associated wetlands .
The project will not be within shorelines of state-wide
significance
(RCW 90 . 58 . 030) .
The project will be located with an urban designation.
MASTER PROGRAM PROVISIONS & SPECIAL CONDITIONS
This permit is granted pursuant to the Shoreline Management Act of
1971 and nothing in this permit shall excuse the applicant from
compliance with any other federal, state or local statutes, ordinances
or regulations applicable to this project,but not inconsistent with the
Shoreline Management Act (Chapter 90 . 58 RCW) .
This permit may be rescinded pursuant to RCW 90 . 58 . 140 (7) in the event
the permittee fails to comply with the terms of conditions hereof .
CONSTRUCTION PURSUANT TO THIS PERMIT WILL NOT BEGIN OR IS NOT
AUTHORIZED UNTIL THIRTY (30) DAYS FROM THE DATE OF FILING THE FINAL
ORDER OF THE LOCAL GOVERNMENT WITH THE REGIONAL OFFICE OF THE
DEPARTMENT OF ECOLOGY AND THE ATTORNEY GENERAL, OR UNTIL ALL REVIEW
PROCEEDINGS INITIATED WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH
FILING HAVE TERMINATED.
No permit authorizing construction shall extend for a term of more
than five (5) years . If actual construction of a development for which
a permit has been granted has not begun within two years after the
approval of the permit by the Board of Commissioners, the Board shall,
at the expiration of the two-year period, review the permit, and upon a
showing of good cause, extend the permit for one year. Otherwise, the
permit terminates : provided that no permit shall be extended unless the
applicant has requested such review and extension prior to the last
regular meeting of the Board coming before the permit expiration date.
" 0 l ✓��
Date Auth z Local Go ernment Official
- - - --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
THIS SECTION FOR DEPARTMENT OF ECOLOGY USE ONLY IN REGARD TO A
CONDITIONAL USE OR VARIANCE PERMIT.
Date received by Department of Ecology
Approved Denied
This Substantial Development Permit with Conditional Use/Variance is
approved by the Department of Ecology pursuant to Chapter 90 . 58 RCW.
Development shall be undertaken pursuant to the following additional
terms and conditions :
Date Authorized Dept . of Ecology Official
SHR_PRMT, rev:
09/26/96
surf
,�0 ors
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1869�O
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
P.O. Box 47775 • Olympia, Washington 98504-7775 • (360) 407-6300
t
September 17, 1999
Mr. and Mrs. Howard Bauer
155 E Community Club Road
Shelton, WA 98584
Dear Mr. and Mrs. Bauer:
Re: Mason County Permit#SHR99-0016
Howard&Nancy Bauer-Applicant
Shoreline Substantial Development Permit#1999-SW-01534
The subject Shoreline Management Substantial Development Permit authorizing construction of a pier,
ramp and float on Pickering Passage, has been filed with this office by Mason County on September 16,
1999.
The development authorized by the subject permit may NOT begin until the end of the 21-day appeal
period, October 7, 1999. The Shorelines Hearings Board will notify you by letter if this permit is
appealed. Other federal, state, and local permits may be required in addition to the subject permit.
If this permit is NOT appealed,this letter constitutes the Department of Ecology's final notification of
action on this permit.
Sincerely,
Connie Lambert
Shorelands Specialist
Shorelands and Environmental
Assistance Program
CL:dj
cc: Grace Miller, Mason County
David Viafore
Shoreline Management Act
Permit Data Sheet and Transmittal Letter
From: Mason County DCD To: wash St-atP nPnt „f F^^i Qg1
P.O. Box 578 ATTN: Shoreline Permit Reviewer
Shelton, VGA 98584 Southwest Regional Office
Box , Olympia, WA 98504
Date of Transmittal: Date of Receipt
(Dept. of Ecology)
Type of Permit: (Indicate all that apply)
Substantial Development Conditional Use Variance Revision
Other
Local Government Decision: Approval Conditional Approval _ Denial
Applicant Information: Applicant's Representative: (If primary contact)
Name: Name: M �J
_ L a.&sly ire O;onsf
��_,_ u `� f'D Address: 00 &f IC S
Address:J ( ��,�� M c1 1d
n �1 W IkJ Oq _ l�� �GL�� l.t
Phone(s): 300 N2CF Phone(s): _�(00- 225-56J�
Is the applicant the property owner: Yes No
Location Of Property: (Section,Township and Range to the nearest 1/4, 1/4 Section or latitude and
longitude, and a street address where available)
IQ C SeG -2 T a i AJ
Water Body Name: V�g (�� 550_r"
Shoreline of Statewide Significance: Yes X No
Environment Designation: ,L%r,:�' -
Description Of Project: (Summary of the intended use or project purpose)
I0C) _ :fuse .
,-
a ' I
Notice of Application
/I Date: Ll lqq Final Decision Date:
By: r Phone #:
t>v S 2�r7y
a000 q: 30 a.rm /1"7 S6e.1 -a V.
cc
«ov S ORELINE CHECKLIST
t%�ZrsrCA 6
Application received and logged: y-S- q
Legal notice delivered to Journal: �- v 5 u ►- a � -
Legal notice posted and mailed: L/b
Photos taken:
Environmental Checklist required: Circulated:
Hearing dates set:
SHORELINE ADVISORY BOARD: NA
�* j 1
COUNTY COMMISSIONERS: GAL 4'R
Packets mailed to Advisory Board: NA
Transmittals written:
Na 4)44 A"CtjL
Packets delivered to Commissioners.
Local decision: Cc —C
N ES: `� a
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JARPA FORM
(rw uso In wunr,geon suu)
PLEASE TYPE OR PRINT IN BLUE OR BLACK INK
Based on the preceding checldist,I am sending es of this application to the following: (check all that apply)
❑ Local Government for shoreline: Substantial Development ❑Conditional Use ❑Variance ❑ Exemption;or.if applicable
❑ Floodplain Management ❑Critical Areas Ordinance
❑ Washington Department of Fish and Wildlife for HPA
❑ Washington Department of Ecology for. ❑Approval to Allow Temporary Exceedance of Water Quality Standards
❑401 Water Quality Certification Nationwide Perrnits
❑ Washington Department of Natural Resources for.❑Aquatic Resources Use Authorization Notification
❑ Corps Engineers for. ❑Section 404 ❑Section 10 permit
❑ Coast Guard for: ❑Section 9 Bridge Permit
SECTION A -Uae for all permits covered by this application. Be aura to aiso complete Section C(Signature Bloclo for all permit
applications.
I.APPucawr ?)Q L2
ocl n a n
MAILING ADDRESS
ISS = mm EnaA -ShP--46n
WORK PHONE HOME PHONE FAX
— Z4 8
N an agent is acting for the applicant during the permit process,complete i2
2 AUTHORIZED AGENT
K h ,� 1 vC-�-rc� �►� Z�
MAIUNG Ss
WORK PHONE HOME PHONE FAX*
oL7 SS—
&RELATIONSHIP OF APPLICANT TO PROPERTY:'OOWWR ❑PLIRCHASER ❑LESSEE ❑OTHER:
4.NAME.ADDRESS,AND PHONE NUMBER OF PROPERTY OWNER(S),IF OTHER THAN APPLICANT:
S.LOCATION(STREET ADDRESS.INCLUDING CITY.COUNTY AND ZIP CODE.WHERE PROPOSED ACTIVITY EXISTS OR WILL OCCUR)
C�Mm�nlL4
WATERBOOY TRIBUTARY OF
1/4 SECTION TOWNSHIP RANGE GOVERNMENT LOT SHORELINE(DESIGNATION n 1
/ \v
2 VVVVVV ZONING DESIGNATION
Iv
TAX PARCEL NO.. DNR STREAM TYPE.IF KNOWN
ApphGalan P.Q.1 OI 4
s
IL OfECNBt THE CURRENT UN OF TM[MIOPIR V AND NFRUCTURM OGIT114 ON TM PROPOITY. IF ANY PORTION OF THE PROPOSED AC'TMTY IS TMALJEADY ` 1
ON T PROPOM.ED Ti�ICATI<MON AND OP OOMPI.ETION. OOMPI ETED
1
r
a 4ac+4d Go-far, 0 .
S_-orate_ + CcUr Po Y'+ i ti ox.I C .
IS THE PROPERTY AGRICULTURAL LAND?(3 YES IS.NO ARE YOU A USDA PROGRAM PARTICIPANT? Q YESwNO
?a. DESCRIBE THE PROPOSED WORK COMPLETE PLANS AND SPECIFICATIONS SHOULD BE PROVIDED FOR ALL WORK WATERWARO OF THE ORDINARY HIGH MARK OR
Pro 1pns4al word ,
lo p
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70.DESCRIBE THE PURPOSE OF THE PROPOSED WORK
Te 4Pr�,o_ o, 3ocK �-o +u- bx.� u-P to R&h o-� o �.
Polk-..
7¢ DESCRIBE THE POTENTIAL IMPACTS TO CHARACTERISTIC USES OF THE WATER BODY. THESE USES MAY INCLUDE FISH AND AQUATIC LIFE WATER QUALITY,WATER
SUPPLY,RECREATION,turd AESTHETICS, IDENTIFY PROPOSED ACTIONS TO AVOID,MINIMIZE AND MITIGATE DETRIMENTAL IMPACTS,AND PROVIDE PROPER PROTECTION
C) � cOpcs--p-6 alc--kcf) �_c CKU0\6 Onq h^y) p_l_c_ks
e)0(�+ l,UQ_, LL S �1 v 11�U 1'1 m r1
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PREPARATION� S: SEE APPENDIX A-SAMPLE DRAWINGS AND CHECKLIST FOR COMPLETING THE DRAWINGS. ONE SET OF ORIGINAL OR GOOD OUAL?Y
REPRODUCIBLE ORAWN!'S MUST BEATTACHEO. NOTE: APPLICANTS ARE ENCOURAGED TO SUBMIT PHOTOGRAPHS OF THE PROJECT SITE.BUT THESE DO NOT SUBSTITUTE
FOR DRAWINGS. THE CORPS OF ENGINEERS ANO COAST GUARD REQUIRE DRAWINGS ON&112 X i I INCH SHEETS. LARGER DRAWINGS MAYBE REWIRED BY OTHER
AGENCIES
B.WILL THE PROJECT BE CONSTRUCTED IN STAGES? Q YES 6'fq6
PROPOSED STARTING DATE:
App4icatlon Page 2 of 4
EliT1/4A;�DUIIATION aF ACTMTY: '7 a
�.CHIECK F ANY STRUCTURES WILL 08 PLACED.
Of WATFRWAA f�D OF THE ORDINARY N L4 WATER MARK ON ll FOR FRESH OR TIDAL WATT3t�MIOADFi
P41ATERWARD OF TIE MEAN NON WATER LANE IN TIDAL WATERS
M WILL FILL MATERIAL(ROCK FILL DMKHEAD. OTHER MATERIAL)BE PLACED
p WATERWARD OF THE ORDIINARY NGH WATER MARK OR LJNE FOR FRESH WATERS? F YES,VOWME PJBIC Y
Q WATE RWARD OF THE MEAN HIGHER HIGH WATER FOR TDAI.WATERS? F YES.VOLUME(CUBIC Y
11.WILL MATERIAL BE PLACED IN WETLANDS? p YES
F YES:
A.M.PACTEo AREA N ACRES:
• HAS A DEUNEATION BEEN COMPLETED,? F YES.PLEASE S'UBk*T WITH APPLICATIOK p YES
C.HAS A WETLAND REPORT BEEN PREPARED? F YES,PLEASE SUBMIT WITH APPUCATIOK p YES
D.TYPE AND COfrPOSITION OF FILL MATERIAL(F-G,SAND.ETCJ:
E.MATERIAL SOURCE
F.UST ALL SOIL SERIES(TYPE OF SM LOCATED AT TIE PROJECT SRE,A lDICATE F THEY ARE ON THE OOUNTY'S UST OF W(WW SOILS. SOILS*FORMATION CAN BE
OIFTANNFD FROM THE NATURAL RESOURCES OOI+SERVATION SERVICE ff%CS): IQ
tL WILL PROPOSED ACTIVITY CAUSE OOO CA DRA!!NG OF WETLANDS'? p YES NO
ACTIVITYR INO
F YES.WACTED AREA IS-ACRES
m WILL DocAVATION OR DfEO(ilf'K1 BE REQUIRED IN WATER OR WETLANDS? p
F YES:
A.VOLUME: CUBIC YARDSYARFA
B.COMPOSfTLON OF MATT TRIAL.TO BE REMOVE
C.DISPOSAL SITE FOR EXCAVATED MATERIAL
D.METHOD,OF DREDGING:
I4.UST OTHER APPLICATIONS,APPROVALS,OR CERTIFICATIONS FROM OTHER FEDERAL.STATE OR LOCAL AGENCIES FOR ANY STRUCTURES.CONSTRUCTION.DISCHARGES,
OR OTTER ACTIVITIES DESCRIBED IN THE APPLICATION(LE PRELIMINARY PLAT APPROVAL.HEALTH DISTRICT APPROVAL BUILDING PERMIT.SEPA REVIEW.FERC LICENSE.
FOREST PRACTICES APPLICATION,ETC.)ALSO INDICATE%LAMER WORK HAS BEEN COMPLETED AND INDICATE ALL EXISTING WORK ON DRAWINGS.
TYPE OF APPROVAL SUNG AGENCY IDENTIFICATION NO. DATE OF APPLICATION DATE APPROVED COWnETED?
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SEPA LEAD AGENCY SEPA DECISIOl't SEPA DECISION DATE
I& HAS ANY AGENCY DENIED APPR F N OR THE ACTTY DESCRIBED HEREIN OR FOR ANY ACTIVITY DIRECTLY RELATED TO THE ACTWITY
DESCRIBED HEREIN?❑YES NO F YES,EXPLAIN:
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Aug-25-99 11 : 08A WDFW Johns Prairie 360 426-7497 P _ 02
HYDRAULIC PROJECT APPROVAL State ofWashmgton
==of RCW 75.20.100 or RCW 75.20.108 Department of t1h and WIMNe
Maw Region 7 Office
600 Capitol Way North,MS 3155
Olympia,Washington"Sol-1091
DATE OF ISSUE: May 19 1999 LOG NUMBER: 00-135900-01
PERM TI TEE AUTHORIZED A ENS' OR CONTRACTOR
Howard & Nancy Bauer Lakeshore Construction
55 E. Community Club Road ATTENTION: Tim Zech
Kelton, WA 98584 P.O. Box 1058
360)4264258 Belfair,WA 98528
(360) 275-5029
Fax: 360 275-7520
PROJECT DESCRIPTION: Construct Pier, Ramp, and Float
PROJECT LOCATION: 155 E. Community Club Road
# WRIA WATER BODY TRIBUTARY TO 1[4 SEC. SEC. TQWNSHIP RANGF COUNTY
1 14.MARI Pickering Passage Case Wet 34 21 North 02 West Mason
PROVISIONS
I. TIMING LIMITATIONS: The project may begin June 15, 1999 and shall be completed by March 14, 2001,
provided:
a. 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.
b. 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.
2. NOTIFICATION REQUIREMENT: The permittee or contractor shall notify the Area Habitat Biologist(AHB) listed
below of the project start date. Notification shall be received by the AHB at least three working days prior to the start
of construction activities. The notification shall include the pertnittee's name, project location, starting date for work,
and the control number for this Hydraulic Project Approval.
3. Work shall be accomplished per application, dated March 17, 1999, 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.
4. All manmade debris on the beach shall be removed and disposed of upland such that it does not enter waters of the
state.
Aug-25-99 11 : 09A WDFW Johns Prairie 360 426-7497 P - 03
HYDRAULIC PROJECT APPROVAL Mate of Wmahington
4whoolle RCW 75.20.100 or RCW 75.20.108 DerartmeM of Fish and Wild[We
=md Region 7 Office
600 Capitol Way North,MS 3155
WpIDM Olympia,wmhington 98501-1091
DATE OF ISSUE• May 19 1999 LOG NUMBER: 00-D5900-01
5. The pier, ramp, and float structure shall not exceed 100 feet in total length.
6. The solid decked portions of the structure shall not exceed the following widths: the 56-foot long pier, 6 feet; the 40-
foot long ramp, 4 feet; and the 10-foot long rectangular shaped float, 20 feet.
7. The 10 foot by 20 foot rectangular shaped float shall contain one 2 feet by 4 feet rectangular area of grating such that
no solid decking is wider than 8 feet and that grating passes a minimum of 60 percent sunlight, approved by WDFW.
Floatation shall be located under the solid decked area only. The grated area shall not be used for storage purposes.
8. No more than 20 percent of the float within the beach area shall ground at any time. Those portions of the float that
will ground shall be constructed to align parallel to the shore and provide a minimum of eight inches clearance between
the beach area and non-grounding portions of the float.
9. Floats, rafts, and associated anchoring systems shall have been designed and shall have been deployed so that the bed is
not damaged.
10. Floatation for the structure shall be fully enclosed and contained to prevent the breakup or loss of the floatation
material into the water.
i l. As specified in the application,the 9 pilings may be recycled creosote treated pilings/Chemonite pilings treated at
1.5 pounds per cubic foot but shall not be new creosote treated pilings.
12. All piling, lumber, and other materials treated with preservatives shall be sufficiently cured to minimize leaching
into the water or bed.
13. All treated wood piling and 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 Environments" developed by the Western
Wood Preservers Institute, revised July 1996.
14. Floats shall not ground on surf smelt spawning beds located within 60 feet of the existing bulkhead.
15. The pier, ramp, float, and associated moorings shall have been designed and shall P 8 gn have been located to avoid
shading of eelgrass (Zostera spp).
16. Beach area depressions created during project activities shall be reshaped to preproject beach level upon project
completion,
SEPA: DNS by Mason County final on April 23, 1999.
APPLICATION ACCEPTED: May 19, 1999 ENFORCEMENT OFFICER: Ohlde 029 JP31
Aug-25-99 11 . 09A WDFW Johns Prairie 360 426-7497 P _ 04
HYDRAULIC. PROJECT APPROVAL state orwashingon
�4 RCW 75.20.100 or RCW 75.20.108 Department of Fish and wildlife
Fwamd Region 7 Office
600 Capitol Way North,MS 3155
Olympia,WashlWon 98 501-1 09 1
DATE OF ISSUE: May 19 1999 LOG NUMBER: 00-1)5900-01
Margaret Schirato (360) 427-2179a V
U for Director
A,rca Habitat Biologist WDFW
GENERAL PROVISIONS
This Hydraulic Project Approval (EPA) pertains only to the provisions of the Fisheries Code(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 75.20.100 or 75.20.160 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
permitiee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All HPAs issued pursuant to RCW 75.20.103
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
75.20.130,
APPEALS-- GENERAL INFORMMATION
IF YOU WISH TO APPEAL A 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
75.20.100, 75.20.103, 75,20.106, AND 75.20.160:
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 9850 1-109 1 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- ay 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.
Aug-25-99 11 : 09A WDFW Johns Prairie 360 426-7497 P . 05
HYDRAULIC PROJECT APPROVAL State of W.andngton
RCW 75.20.100 or RCW 75.20.108 Department of Flab and WINi fe
PAVom 7 o1nte
600 Caphol Way Nortk MS 3155
WOM Olympia,Waaldmglon 98501-1091
DATE OF ISSUE• May 19 1999, LOG NUMBER: 00-D5900-01
B. FORMAL APPEALS(WAC 220-110-350)OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20.100 OR
75.20.106:
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 30days 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 75,20.103 or 75,20.160:
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. FAILURE TO APPEAL WTTHIN 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.
it
07/23/99 11 : 05 FAX 360 277 3715 L M GIBREATH Z 001
B7/22/1999 20:33 3602757520 LAKESHORE CONST PAGE 01
DEPARTMENT OF THE ARMY
srwTTLE DISTRICT, cce.s or eN61N[1ZR! Mason County Planning Dept.
P.O. 2m>< $1793
!!RA'7TlC, wASHINGTON 98124-2233 2
...��,� JUL 1999--
r'rrwriew a•
R,ECEIVED
Regulatory Branch
e✓G Post-it' Fax Note 7671 Dale
Pa9es►�/l9E
0/•� O N T/7 OAJ From
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pf✓ k��x /�,�Qy� �p Q PhoneM1A 7— Q/ �'l Phone#?/ „•aZ77. 37��
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Reference: /"4 — f — 00s--!¢
a ,r i
1 lr. •l L� GC 4( e Q!7 d o aJeat E Atf
c y
Dear
Your application for a De artment of the Army permit for work
in P'%- ?rz "�ge- �- has been received.
File No. 1±ff - 1 — O S"iq-_has been assigned to the project .
You strould cite this n,-Lmber in any correspondence with us
concerning this project .
We currently have a considerable backlog of permit
applications . Your application will be processed in the order it
is received and as expeditiously as possible . I have been
assigned as the Project Manager For your application and will
serve as your point of contact during the permitting process . I
Will contact you as soon as possible to discuss specific aspects
of your project and you may be asked to provide additional
information.
Because Department of the Army authorization is necessary for
this work, do nor, commence construction before authorization is
received.
Sincerely,
im Green
Project Manager
07/26/99 11: 25 FAX 360 277 3715 L M GTBREATH Z 001
JUL 24 '% e7.4-?F'M wrjvw PorT mc)-mm RECEIVED
JUL 2 6 1999
MASON CO. DCD
State of Washington
DEPARTMENT OF FISH AND WILDLIFE
►io9tvn 7 Mm&V Adansc e00 tray N•M/Wow wwdgten omi- 091•(m)gmz.zsoe
Region r yeas*moon:Nehual Rrsanme 8uhWmg•1111 Ws hkocn street SE-ONMPIL Washp%Mw
-July 24, 1999
Post-it' Fax Note 7671 Dare of �
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Co/Dept A /J/J/� 25 �Q LtE t
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715
SUBJECT: Alternate proposed design fear dock on North Shore Hood CaAad; Mason
Couaty► WRIA 15.MAAI
1 rcQeiv letter reques ug our Input on a proposed alternative dock design for your
property"courrotly have a Hydraulic Projcttt Approval (HPA) issued for a fixed pier,ramp
and float to extend 100 feat watcrrward froru your bul b&id. The proposed alWmau plea would
be a series of ci nnected floats extending watcrward shout 100 feet, if I understand your lotre
correctly.
Wo would be unable to aMove this revisioa ae the flogs would ground on doc=ented
surfamelt spawm1 ubstrstc in the upper intertidal batch, m stated In WAC 220-110-300 of
RCW 75.20.I OO. ad46on, 8muediaQ floats restrict dal movemtAt of beach mettuaal end
impact the beach subst><atiae below the tlosts. The beach habitat supports important prey items for
migrating juvenile salmon,as well as other marim fish and ahellfisb. Although boards can be
placed to avoid grounding of the entire stxwn= y observations of docks in Hood'Canal
indicate the s�flxed pier,reanp and float is a cm desirable structure in terms of fish protection,
if a dock is to be built at all.
You will also need to contact Masan County and the Corps of Engineers if a revised design i9
desired. If you have any questions, please contact me at (360)995.4756,
Sincerely,
a4IS4�xc
Doris], 5ma11
Area Habitat Biologist
DJ5:dja:D64185
cc: Allen Borden,Mason County Community Development
Lori Morris,Corps of Eaginam Seattle District
r
JUL 24 '99 07=47PM WL-W PORT ORCHAM P.1
A
J
State of Washln&n
DEPARTMENT OF FISH AND WILDLIFE
NV Ion 7 MIJWV Adarmw Boa CWb1 Way N-0lymp4,Waanjftgtan 0"01-1081-(2$0)ga_Z5M
Region f care*(off :Natural Resouroes NfoWng•1111 Washington ftee!SE-Olyjk WashimCtm
July 24, 1999
Dear
SMECT: Alternate proposed design for dock on North Shore Hood Canal; Mason
County, WRIA 15XAM
I rcceiv letter requesting our input on a proposed Alt=ative dock design for your
FrapertYcurrently have a Hydraulic Project Approval (HPA) issued for a fixed pier,ramp
and float to extend 100 feet wat=ward from your bulkheac'. The proposed alttn=plan would
be a series of ccnnccted Heats extending waterwwd about 100 feet, if I understand your latter
coaecti�
We would be unable W approve this reviaivn as the floats would ground on documented
surfsrnelt spawtui bstrate in the upper intertidal beach, as stated in WAC 220-110-3Co of
RCW 7S.2t?.100. In addition,grounding floats restrict natural movancut of beach material and
impact the beach substrate below the floats. The bmh habitat supports important prey items for
Migrating juvenile salmon,as well as other ' e fish and shellfish. Although boards can be
placed to avoid grounding of the entire Stri3Qiztro y obnrvatlons of docks.in Hood'Canal
ixtdi>rate the at�f3xed pier,ramp and float is a more desirable structure in terms of fish protemtinn,
if a dock is to be built at all.
You will also need to contact Masan County and the Corps of Engineers if a revised design is
desired. If you have any questions, please contact me at(360) 895-4756.
Sincerely,
D4�a"X
Doris J, Small
Area Habitat Biologist
DJ5:dja:D6485
cc; Allen Borden,Mason County Cons=unity Development
Lori Morris,.Corp$of Engineers 94MWo District
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