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HomeMy WebLinkAboutMEP2009-00051 HPA - MEP Permit / Conditions - 9/17/2012 oN-STATE MASON COUNTY BPS k MO O �� DEPARTMENT OF COMMUNITY DEVELOPMENT o o NU Planning Division 7 N Y y P O Box 279, Shelton, WA 98584 (360)427-9670 1864 MASON ENVIRONMENTAL PERMIT September 17, 2012 ELIZABETH KILSBY 22581 NE ST RT 3 BELFAIR WA 98528 Parcel No.: 123325000102 Issued: 9/17/2012 Case No.: MEP2009-00051 Project Description: Proposal: clean out and define creek bed; replace input and output pipes to pond and fill low area where pond was created; install 3 ft. culvert in creek channel for access to property below. The following critical areas are present on this property: Long-Term Commercial Forest XX FWHCA Ch. 17.10.060; Ch. 17.01.110; Mineral Resource Lands XX Frequently Flooded Areas Ch. 17.01.066; Ch. 17.01.090; Inholding Lands Landslide Hazard Areas Ch. 17.01.062; Ch. 17.01.100; XX Wetlands Seismic Hazard Areas Ch. 17.01.070; Ch. 17.01.102; Critical Aquifer Recharge Erosion Hazard Areas Ch. 17.01.080; Ch. 17.01.104. This permit, with conditions, is granted pursuant to the Mason County Resource Ordinance (Chapter 17.01 MCC.) 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. This permit may be rescinded if the permitee fails to complete the project as proposed or fails to comply with the standards of this ordinance. Authorized Local Government Official Date Mason Environmental Permit 9/17/2012 Case No.: MEP2009-00051 Conditions: 1.) Approved per dimensions and setbacks on site plan submitted for October 2010 Hydraulic Project Approval. X 2.) The applicant acknowledges that the project will be completed as proposed, so that the project will be consistent with all applicable standards of the Mason County Resource Ordinance. 3.) All construction and demolition debris must be removed from the site after project completion. Proper disposal of construction debris must be on land in such a manner that debris cannot enter or cause water quality degradation of State waters. X 4.) All upland areas disturbed or newly created by construction activities shall be seeded, vegetated or given an equivalent type of erosion protection (silt fencing, straw, or jute matting). X 5.) Temporary erosion control measures must be implemented to prevent water quality degradation of adjacent waters or wetlands. Careful placement of materials moved out of channel must have straw or jute matting installed and maintained until upland vegetation has become established. X 6.) Monitoring of the placement of materials moved out of channel will be performed through the winter and spring of 2013 following the material placement on the subject property. X 9/17/2012 Page 2 of 2 MEP2009-00051 KILSBY STREAM PROPOSAL STATUS as of September 2012 Property at 22581 NE State Route 3, Belfair WA Parcel Number 12332-50-00102 Owners Raymond and Elizabeth Kilsby originally wanted to replace the input &output pipes to a pond created years ago along this un-named stream that enters Hood Canal farther south from the site. They also wanted to remove some of the gravel along the stream channel that had accumulated in 2006 and 2007 storms and place a culvert in the channel to provide a crossing to the west side of their property. In June / July 2009, the Kilsbys applied for a Mason Environmental Permit for the proposed work and submitted a Hydraulic Project Approval request (HPA) and environmental checklist as part of their application. Several months of discussion passed and the Kilsbys had continued health issues. Following an issued HPA approved October 2010, work was done with a local contractor to remove the pipes and fill in the pond, and place a 36-inch culvert within the stream; but this work was not done with a MEP approved by Mason County. Following the winter rains of 2010/11 and 2011/12, high flows overwhelmed the low areas of the property and sediment has built up in the stream channel. Mrs. Kilsby is concerned that the resulting problems with the culvert and flows outside of the channel will cause issues for potential new owners of the property. She would like some solution, such as repositioning of the culvert or cleaning out gravels in the channel to permit water flows through the property. This summer, Mrs. Kilsby has approached the Mason Conservation District for technical assistance to arrive at a solution. A Mason Environmental Permit can be promptly issued to address the removal of sediments within an established stream channel (3 ft. wide and 18 to 24 in. deep); the removal of noxious weeds (reed canary grass, knotweed, and some blackberry) adjacent to that channel or low area where runoff is expected to flow; and some placement of fill of the excavated soils / gravels in the location of the former pond. The permit would primarily consist of conditions on sediment control and erosion, the opportune removal of noxious weeds, and surface protection of areas disturbed by gravel removal and placement. Allan Borden 6VV2� Planner - Long Range & Site Inspection P.O. Box 279, Shelton, WA 98584 (360) 427-9670 ext. 365 c°_I Kilsby project status Sept 2012.doc Page 1 of 3 PERMIT NO.: P MASON COUNTY DATE RECEIVED: DEPARTMENT OF COMMUNITY DEVELOPMENT RESOURCE ORDINANCE (Chapter 17.01 MCC) 411 N. 5TH Street/P.O.Box 279,Shelton, WA 98584 ENVIRONMENTAL PERMIT APPLICATION MASON ENVIRONMENTAL PERMIX CONDITIONAL USE ❑ The purpose of the Resource Ordinance is to protect Mason County's natural resource lands and critical areas and is under the authority of Chapters 36.32, 36.70A, 39.34, 58.17, 76.09, 84.33, 84.34 and 90.58 RCW. PLEASE PRINT 1.APPLICANT r - NAME: {� N� + IC`I( i� SIGNATURE: )C , I MAILING ADDRESS _/Ic ---- atL S� WORK PHONE E-MAIL ADDRESS HOME PHONE 1 AX# /fan agent is acting for the applicant during the permit process,complete#2. 2.AUTHORIZED AGENT NAME: � SIGNATURE: MAILING ADDRESS l" vi W 14 � WORK PHONE ��D LID ^I (p O'D E-MAIL ADDRESS I HOME PHONE 2�© `L'7-5—_ b 12 9 FAX# /O 2— 5 Q 20 3.SITE ADDRESS 2 2— Q f (4-c-AJ�� PARCEL NUMBER ( 12 3-3a:So-06 LEGAL DESCRIPTION F2 TZ DIRECTIONS TO SITE: FAquifer tion requires permit: Commercial Forest,Chapter 17.10.060 ❑ Wetlands,Chapter 17.01.070 esource Lands,Chapter 17.01.066 ❑ Frequently Flooded Areas,Chapter 17,01.090 charge Area,Chapter 17.01.080 ❑ Landslide Hazard Area,Chapter 17.01.100 ❑ Erosion Hazard Area,Chapter 17.01.104 ❑ Seismic Hazard Areas,Chapter 17.01.102 ❑ In-Holding Lands,Chapter 17.01.06. X Fish&Wildlife Habitat Conservation Areas,Chapter 17.01.1 10 I Page 2 of 3 5. Identify current use of the property with exis ng im ovements: po� 6. Identify and describe the proposed project,including the type of materials to be used,construction methods,principle dimensions, and other pertinent information(attach additional sheets, if needed): 7. Describe why the actiop regrin this permit cannot be avoided. D '00, G� Grp- av►��. l 8• Will there be an alteration of a wetland and/or wetland vegetation area? Yes ❑ No 9. Identify any surface water on or adjacent to property: ❑ Saltwater ❑ Lake Stream Pond ❑ Wetland ❑ Drainage Ditch 10. If septic is located on project site, include records. Connect to Septic ❑ Community Septic KPublic Water Supply ❑ Well 11. Type of Job: ❑ New ❑ Add ❑ Alteration Repair ❑ Demolition D Other: This permit is granted pursuant to the Resource Ordinance (Chapter 17.01 MCC) 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 Resource Ordinance. The permit may be rescinded pursuant to the event the permittee fails to comply with the conditions of this ordinance. MASON ENVIRONMENTAL PERMIT: $630.0 /$380.00 with another permit) MASON CONDITIONAL USE ENVIR. PERMIT: ', 0.00 HABITAT MANAGEMENT PLAN REVIEW: $455.00 1:TLANNINGTACTORMS REVISED Dec.2008 Page 3 of 3 Show the following on the site plan Lot Dimensions Flood Zones Existing Structures Fences Water Lines Driveways Drainage Plans Shorelines Septic System Topography Indicate Directional by(N,S,E,W,etc.) Proposed Improvements Easements In relation to plot plan Name if flanking Street APPLICANT TO DRAW SITE PLAN BELOW: s6k0 ,�- OK7,ri c���e rep wcm e. duel f.�- dM4 owl' �� yea r�r - k 5 �(Cl APPLICANT TO DRAW TOPOGRAPHY BELOW: ' e7t6Ye, C �� EXIS'l'.ING CEDAR N t , ,, M � PROP. RANDOM BOULDERS WITH ,.� INSTALL 36' CLFLVERT FOR LARGE WOODY DFBRIS TO KEEP ACCESS TO`PROI'ERTY STREAM.BED INSIDE FT'S BANKS !+ " DURING SEASONAL RAINS �, STORAGE %;-•,,, ;� , Ur . DRIVEWAY j';' �' I REMOVE FAILING pVFRrLc?W CU1..VER'TS i I - I SINGLE ' FAMILY DEW-ATER A D FILIJ-�• �; ; RESIDFNCF I UNWANTED RETENTION�� � � � ►EA POND { STREAMFI,OW ` AGE Ail PROP. L. ( TO SALTWATER ESTUARY 11 ELIZABET11 KILSBY -- HQ€1D CANAL l 22581 NE STATE ROUTE 3 BELFAIR WA, 99528 c �f 3d 6/4/2009 11:07:04AM Mason County C,e� Sol$ Parcel Summary Report For Parcel # 123325000102 (O `Aiti Land Use: 2 BEDROOM TIDE RUNS Parcel Size: 2.60 Legal Description: Tax Code: 276 Land Value: 65,000.00 SAM B. THELER'S HOME & GAR TRS TR 42 PCL 1 OF BLA#99-14 n, Fire Disctrict: 2 Improvement Value: 236,870.00 �W � School District: 403 Total Value: $ 301,870.00 Zoning*: C, Notes: *Please verify zoning with the Mason County Planning Dept. Site Address Address 22581 NE STATE ROUTE 3 BELFAIR Role People Type Last Name M.I, First Name Address 1 Address 2 City State Zip Phone 1 Ext Phone 2 Cases Associated With Parcel # 123325000102 Case Number Status Project Description Applicant I Owner BLA99-00016 RCD BOUNDARY LINE ADJUSTMENT RONALD SZALAY BLD2005-01105 FIN Remodel of/Addition to SFR RAYMOND KILSBY SP12005-00122 FIN Feasibility/Addition to SFR and covering and enclosing back deck. RAYMOND KILSBY A0 Page 1 of 1 ParcelSummary..rpt Washington HYDRAULIC PROJECT APPROVAL Coastal ` Department of 48 Devonshire Road FISH and RCW 77.55.021-See appeal process at end of HPA Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:August 22, 2012 Control Number: 121835-3 Project Expiration Date: September 30, 2013 FPA/Public Notice#: N/A PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Elizabeth Kilsby 222581 NE SR 3 Belfair, WA 98528 Project Name: Kilsby Stream Channel and Culvert Corrective Work Project Description: Countersink the stream channel and reinstall culvert. PROVISIONS 1. Work below the ordinary high water line shall only occur between Immediately and September 30, 2012, and between July 15, 2013 and September 30, 2013. 2. Work shall be accomplished per plans and specifications approved by the Washington Department of Fish and Wildlife, except as modified by this Hydraulic Project Approval. A copy of these plans shall be available on site during construction. BYPASS 3. A temporary bypass to divert flow around the work area shall be in place prior to initiation of other work in the wetted perimeter. 4. The channel shall be isolated by plugs at the upstream and downstream ends of the channel. 5. The bypass shall be of sufficient size to pass all flows and debris for the duration of the project. 6. Prior to releasing the water flow to the project area, all bank protection or work shall be completed. 7. Upon completion of the project, all material used in the temporary bypass shall be removed from the site and the site returned to preproject or improved conditions. EQUIPMENT 8. 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. 9. 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-See appeal process at end of HPA Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:August 22, 2012 Control Number: 121835-3 Project Expiration Date: September 30,2013 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. CHANNEL 10. The channel shall be countersunk below the grade/slope of the land to prevent water overtopping the banks. 11. Banks shall be resloped to a 2 foot horizontal to 1 foot vertical slope or less. 12. Dike and berms are not authorized. CULVERT 13. The culvert shall be installed and maintained to ensure unimpeded fish passage. 14. The culvert shall be placed on a flat gradient with the bottom of the culvert placed below the level of the streambed a minimum of 20 percent of the culvert diameter for a round culvert, and 20 percent of the culvert's rise for an elliptical culvert. The 20 percent placement below the streambed shall be measured at the culvert outlet. 15. The culvert width at the streambed shall be equal to or greater than the average width of the streambed. 16. The culvert shall be installed to maintain structural integrity to the 100-year peak flow with consideration of the debris likely to be encountered. 17. Fill associated with the culvert installation shall be protected from erosion to the 100-year peak flow. 18. The culvert shall be installed and maintained to avoid inlet scouring and to prevent erosion of stream banks downstream of the project. 19. The culvert facility shall be maintained by the owner(s) per RCW 77.57.030 to ensure continued, unimpeded fish passage. If the structure becomes a hindrance to fish passage, the owner(s) shall be responsible for obtaining an Hydraulic Project Approval and providing prompt repair. Financial responsibility for maintenance and repairs shall be that of the owner(s). 20. The culvert shall consist of a single barrel. 21. Approach material shall be structurally stable and be composed of material that, if eroded into the stream, shall not be detrimental to fish life. Page 2 of 5 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021-See appeal process at end of HPA Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:August 22, 2012 Control Number: 121835-3 Project Expiration Date: September 30,2013 FPA/Public Notice#: N/A WATER QUALITY 22. 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. 23. Prior to starting work, temporary filter fabric, sediment curtains, or pea gravel-filled burlap bag check dam(s) shall be installed downstream. Accumulated sediments shall be removed during the project and prior to removing the check dam(s) after completion of work. 24. Erosion control methods shall be used to prevent silt-laden water from entering the stream. These may include, but are not limited to, filter fabric, temporary sediment ponds, check dams of pea gravel-filled burlap bags or other material, and/or immediate mulching of exposed areas. 25. All waste material such as the old culvert, 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. 26. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. 27. Alteration or disturbance of the bank and bank vegetation shall be limited to that necessary to construct the project. Within seven calendar 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 shall be revegetated with native or other approved 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. NOTES At the request of Allan Borden, of the Mason County Department of Community Development, on July 9, 2012, this Hydraulic Project Approval (HPA) is a time extension of the original HPA issued on October 12, 2010. This HPA now supersedes all previous HPAs for this project. Page 3 of 5 Washington HYDRAULIC PROJECT APPROVAL coastal Department of 48 Devonshire Road FISH and RCW 77.55.021-See appeal process at end of HPA Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:August 22, 2012 Control Number: 121835-3 Project Expiration Date: September 30, 2013 FPA/Public Notice#: N/A PROJECT LOCATIONS Location #1 22581 NE Hwy 3 WORK START: August 22, 2012 IWORK END: September 30, 2013 WRIA: Waterbody: Tributary to: 15.0123 Unnamed Tributary 114 SEC: Section: Township: Range: Latitude: Longitude: County: SW 1/4 32 23 N 01 W N 47.43582 W 122.84049 Mason Location#1 Driving Directions North of the intersection of Hwy 3 and Hwy 106 in Belfair. 22581 NE Hwy 3. 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. NOTE:You may request changes to this 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 Washington Department of Fish and Wildlife. If you did not pay an application fee for the original HPA, no fee is required for a change to it. Requests for changes must include the HPA number, check number or billing account number, and a description of the requested change. Send your written requests 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. Page 4 of 5 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021-See appeal process at end of HPA Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:August 22, 2012 Control Number: 121835-3 Project Expiration Date: September 30,2013 FPA/Public Notice#: N/A 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 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: Page 5 of 5 Washington HYDRAULIC PROJECT APPROVAL ' Department of � 48 Devonshire Road FISH and RCW 77.55.021-See appeal process at end of HPA WILDLIFE Montesano,WA 98563 1< (360)249-4628 Issue Date: October 12,2010 Control Number: 121835-1 Project Expiration Date: November 30, 2010 FPA/Public Notice#: WA PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Elizabeth Kilsby 222581 NE SR 3 Belfair, WA 98528 Project Name: Kilsby Stream Channel Enhancement and Pond Fill Project Description: Reconstruct stream channel, fill pond and install culvert. PROVISIONS 1. Work below the ordinary high water line shall only occur between Immediately and November 30, 2010. 2. Work shall be accomplished per Ian� p p plans specifications approved by the Washington Department of Fish and Wildlife, except as modified by this Hydraulic Project Approval. A copy of these plans shall be available on site during construction. BYPASS 3. A temporary bypass to divert flow around the work area shall be in place prior to initiation of other work in the wetted perimeter. 4. The channel shall be isolated by plugs at the upstream and,downstream ends of the channel. 5. The bypass shall be of sufficient size to pass all flows and debris for the duration of the project. 6. Prior to releasing the water flow to the project area, all bank protection or work shall b& completed. 7. Upon completion of the project, all material used in the temporary bypass shall be removed from the site and the site returnedo preproject or improved conditions. EQUIPMENT 8. 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. 9. 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 I &y_ l 0f r- Washington HYDRAULIC PROJECT APPROVALcoa S' Department of 48 Devonshire Road FISH and RCW 77.56.021-See appeal process at end of HPA Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:October 12,2010 Control Number. 121835-1 Project Expiration Date: November 30,2010 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. POND AND CHANNEL 10. The pond fill material shall be structurally stable and be composed of material that shall not be detrimental to fish life. 11. Overburden from the channel shall be placed in an approved upland site or if appropriate, may be used to fill the pond. 12. The pond fill material shall be compacted. Water discharging from the fill shall not adversely impact fish life. 13. Diversion of flow into the 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 channel for at least overnight. The channel shall not be allowed to dewater. 4. Remove the rest of the upstream plug once the channel has flow throughout its entire length. 5. Close the upstream end of the bypass. CULVERT 14. The culvert shall be installed and maintained to ensure unimpeded fish passage. 15. The culvert shall be placed on a flat gradient with the bottom of the culvert placed below the level of the streambed a minimum of 20 percent of the culvert diameter for a round culvert, and 20 percent of the culvert's rise for-an elliptical culvert. The-20 percent-placement below the-streambed- shall be measured at the culvert outlet. 16. The culvert width at the streambed shall be equal to or greater than the average width of the streambed. 17. The culvert shall be installed to maintain structural integrity to the 100-year peak flow with consideration of the debris likely to be encountered. 18. Fill associated with the culvert installation shall be protected from erosion to the 100-year peak flow. 19. The culvert shall be installed and maintained to avoid inlet scouring and to prevent erosion of stream banks downstream of the project. Page 2 of 5 Washington HYDRAULIC PROJECT APPROVAL Department of Coastal FISH and RCW 77.55.021-See appeal process at end of HPA 48 Devonshire Road WILDLIFE Montesano,WA 98563 (360)249-4628 Issue Date: October 12,2010 Control Number. 121835-1 Project Expiration Date:November 30,2010 FPA/Public Notice#: N/A 20. The culvert facility shall be maintained by the owner(s) per RCW 77.57.030 to ensure continued, unimpeded fish passage. If the structure becomes a hindrance to fish passage, the owners) shall be responsible for obtaining an Hydraulic Project Approval and providing prompt repair. Financial responsibility for maintenance and repairs shall be that of the owner(s). 21. The culvert shall consist of a single barrel. 22. Approach material shall be structurally stable and be composed of material that, if eroded into the stream, shall not be detrimental to fish life. WATER QUALITY 23. 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. 24. Prior to starting work, temporary filter fabric, sediment curtains, or pea gravel-filled burlap bag check dam(s) shall be installed downstream. Accumulated sediments shall be removed during the project and prior to removing the check dam(s) after completion of work. 25. Erosion control methods shall be used to prevent silt-laden water from entering the stream. These may include, but are not limited to, filter fabric, temporary sediment ponds, check dams of pea gravel-filled burlap bags or other material, and/or immediate mulching of exposed areas. 26. All waste material such as the old culvert, 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 except as noted in Provision 11. 27. If high flow conditions that-may cause siltation are encountered during this project, work shall stop until the flow subsides. 28. Alteration or disturbance of the bank and bank vegetation shall be limited to that necessary to construct the project. Within seven calendar 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 shall be revegetated with;native or other approved 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. Page 3 of 5 Washington HYDRAULIC PROJECT APPROVAL coastal Department of 48 Devonshire Road FISH and RCW 77.55.021-See appeal process at end of HPA Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date: October 12,2010 Control Number: 121835-1 Project Expiration Date: November 30,2010 FPA/Public Notice#: N/A PROJECT LOCATIONS Location #1 22581 NE Hwy 3 WORK START: October 12, 2010 WORK END: November 30, 2010 WRIA: Wate Tributary to: 15.0123 Unnamed Tributary 114 SEC: Section: Township: Range: Latitude: Longitude: county: SW 1/4 32 �23 N �01 W N 47.43582 W 122.84049 Mason Location#1 Driving Directions North of the intersection of Hwy 3 and Hwy 106 in Belfair. 22581 NE Hwy 3. 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. Requests for any change to an unexpired HPA must be made in writing. Requests for new HPAs must be made by submitting a new complete application.Send your requests to the department by:mail to the Washington Department of Fish and Wildlife, Habitat Program,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. Page 4 of 5 ' Washington HYDRAULIC PROJECT APPROVAL coastal Department of 48 Devonshire Road FISH and RCW 77.55.021-See appeal process at end of HPA ' Montesano,WA 9 8563 WILDLIFE (360)249-4628 Issue Date: October 12,2010 Control Number. 121835-1 Project Expiration Date: November 30,2010 FPA/Public Notice#: N/A APPEALS INFORMATION If you wish to appeal the issuance,denial,conditioning,or modification of a Hydraulic Project Approval(HPA),you may request an informal or formal appeal. A. INFORMAL APPEALS:WAC 220-110-340 is the rule describing how to request an informal appeal of Washington Department of Fish and Wildlife(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 HPAapplicabons@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 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: Page 5 of 5