HomeMy WebLinkAboutHPA - PLN General - 3/24/2005 AL Washington HYDRAULIC PROJECT APPROVAL Coastal
Department of 48 Devonshire Road
FISH and RCW 77.55.100-Appeal pursuant to Chapter 34.05 RCW
WILDLIFE Montesano,WA 98563
(360)249-4628
Issue Date: March 24,2005 Control Number: 100102-1
Expiration Date:April 15,2007 FPA/Public Notice#:
PERMITTEE AUTHORIZED AGENT OR CONTRACTOR
Marine Surveys&Assessments
Lorren Fladseth ATTENTION:Amy Leitman IR E Q E I If
C D
10731 NE Northshore Road 521 Snagstead Way -- G I
Belfair WA,98528 Port Townsend WA,98368 MAR 2 9 Zug i � ( �
206-623-0621 360-385-4073
Fax:206-277-9739 Fax:360-385-1724 ING f
Project Name: Fladseth
Project Description: Construct new joint use Pier,ramp and float with 14 ACZA piles.
PROVISIONS
1.Work below the ordinary high water line shall not occur from February 15 through July 14 of any
year for the protection of migrating juvenile salmonids.
2.Work below the ordinary high water line shall not occur from September 15 through December 31
and from January 1 through March 1 of any year for the protection of surf smelt spawning beds.
3.Work shall be accomplished per plans and specifications approved by the Washington
Department of Fish and Wildlife entitled Fladseth and Sebastian Joint-Use Pier, Ramp and Float
Project and dated January 10,2005,except as modified by this Hydraulic Project Approval. 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.
5.The pier, ramp,and float centerline shall be re-established during the construction phase using
the same methodology employed to establish the centerline during the vegetation survey to ensure
protection of the eelgrass/herring spawning habitat.
6.The pier, ramp,and float structure shall not exceed 115 feet in total length.
7.The solid decked portions of the structure shall not exceed the following widths:the 65-foot long
pier,6 feet;the 40-foot long ramp,4 feet;and two rectangular floats:8-foot long by 6 foot wide and
60 foot long by 8 feet wide.
8.The 6 foot by 8 foot rectangular shaped float shall contain 2 foot wide area down the center and
the 8 foot by 60 foot rectangular shaped float shall contain a 4 foot wide area down the center of
grating that 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.
9.No portion of the dock or float system shall ground. A minimum space of 12 inches shall be
maintained at all times between the bottom of the dock or float and the beach grade.
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Washington HYDRAULIC PROJECT APPROVAL Coastal
Department of 48 Devonshire Road
FISH and
WILDLIFE Montesano,WA 98563
(360)249-4628
Issue Date:March 24,2005 Control Number: 100102-1
Expiration Date:April 15,2007 FPA/Public Notice#:
10. Floats, rafts,and associated anchoring systems shall have been designed and shall have been
deployed so that the bed is not damaged.
11.Floatation for the structure shall be fully enclosed and contained to prevent the breakup or loss
of the floatation material into the water.
12.As specified in the application,the 14 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.
13.All piling,lumber, and other materials treated with preservatives shall be sufficiently cured to
minimize leaching into the water or bed.
14.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.
15.The pier,ramp,float, and associated moorings shall have been designed and shall have been
located to avoid shading of eelgrass(Zostera spp).
16. Eelgrass and kelp shall not be adversely impacted due to any project activities(e.g.,barge shall
not ground,equipment shall not operate,and other project activities shall not occur in eelgrass and
kelp).
17. Removal or destruction of overhanging bankline vegetation shall be limited to that necessary for
the construction of the project.
18. Intertidal wetland vascular plants shall not be adversely impacted due to project activities(e.g.,
barge shall not ground,equipment shall not operate,and other activities shall not occur in intertidal
wetland vascular plants). If such vegetation is adversely impacted,it shall be replaced using
provers methodology.
19.All natural habitat features on the beach larger than 12 inches in diameter, including trees,
stumps, logs,and large rocks,shall be retained on the beach following construction. These habitat
features may be moved during construction if necessary.
20. Project activities shall be conducted to minimize siltation of the beach area and bed.
21.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.
22.All debris or deleterious material resulting from construction shall be removed from the beach
area and bed and prevented from entering waters of the state.
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Washington HYDRAULIC PROJECT APPROVAL Coastal
Department of 48 Devonshire Road
FISH and
WILDLIFE Montesano,WA 98563
(360)249-4628
Issue Date: March 24,2005 Control Number: 100102-1
Expiration Date:April 15,2007 FPA/Public Notice#:
23. No petroleum products or other deleterious materials shall enter surface waters.
24.Wood treated with preservatives,trash,waste,or other deleterious materials shall not be
burned below the ordinary high water line. Limited burning of untreated wood or similar material
may be allowed at or above the mean higher high water line.
25. Project activities shall not degrade water quality to the detriment of fish life.
26.Sawdust,drillings or trimmings from treated wood shall be contained with tarps or other
impervious materials and prevented from contacting the beach, bed or waters of the state.
27.Treated piling or structures built of treated wood shall incorporate design features, such as
steel,plastic or rubber collars or fendering systems to prevent or minimize the abrasion of the
treated wood by floats, ramps or vessels.
PROJECT LOCATIONS
Location#1 Fladseth Work Start:07-15-2005 Work End:02-15-2007
WRIA WATERBODY TRIBUTARY TO COUNTY
15.9120 Wria 15 Marine Hood Canal Mason
1/4 SEC. Section Township: Range: Latitude: Longitude
SE 1/4 24 �22 N 103 W N 47.3820 W 123.0076
DRIVING DIRECTIONS:
NOTES
This project is a joint use PRF additional owners are Lorren&Jeannie Fladseth,address 10248
21st Ave SW Seattle,WA 98146 and Raymond&Barbara Sebastian,address 5066 Turkey Track
Road, Placerville,CA 95667
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.
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Washington HYDRAULIC PROJECT APPROVAL Coastal
Department of 48 Devonshire Road
FISH and
WILDLIFE Montesano,WA 98563
(360)249-4628
Issue Date: March 24, 2005 Control Number: 100102-1
Expiration Date:April 15,2007 FPA/Public Notice#:
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.
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.
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:
(A)The denial or issuance of a Hydraulic Project Approval,or the conditions or provisions made
part of a Hydraulic Project Approval;
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it
Washington HYDRAULIC PROJECT APPROVAL coastal
Department of
FISH and 48 Devonshire Road
WILDLIFE Montesano,WA 98563
(360)249-4628
Issue Date:March 24,2005 Control Number: 100102-1
Expiration Date:April 15,2007 FPA/Public Notice#:
(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 OFFICER:Sergeant Jackson(29)P1
[�Hab�itatBiologist
ato 360-427-2179 ' `Tt�z a� for Director
J WDFW
CC: Grace Miller, Mason DCD, P.O. Box 279,Shelton, WA 98584.
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