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HomeMy WebLinkAboutHPA- Bridge Replacement - PLN General - 12/21/2007 Ryan Crater- 111526-1 Neyhart.pdf Pagel] , Washington HYDRAULIC PROJECT APPROVAL coastal Department of 48 Devonshire Road 1-9 FISH and RCW T7.55.021(10) &(11)-Appeal Pursuant to Chapter Montesano, WA 98563 WILDLIFE (360)249-4628 Issue Date: December 21, 2007 Control Number: 111526-1 Project Expiration Date: January 15, 2008 FPA/Publi c Notice#. N/A PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Neyhart Farms ATTENTION: Douglas Neyhart 2297 Tahuya River Road Tahuya, WA 98588 Fax:206-623-5110 Project Name: Bridge Replacement Project Description: Replace bridge that was washed away in the December 2007 flood. The bridge is a rail car and is 89 feet in length. The concrete footing on the far bank will be placed approximately 10 feet landward of the top of the bank and the near bank will be placed behind an existing damaged footing. PROVISIONS TIMING LIMITATIONS:The project may begin DECEMBER 22, 2007, and shall be completed by JANUARY 15, 2008. EQUIPMENT: Equipment used for this project shall operate stationed on the bank. 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. Equipment crossings ofthe stream are not authorized bythis HPA. BRIDGE INSTALLATION: Excavation for and placement of the footings shall be outside the ordinary high water line and as agreed to during the site visit on December 19, 2007. The far side footing shall be 10 feet landward of the eroded bank; the near shore footing shall be placed behind the existing damaged footing. The bridge structure shall be placed in a manner to minimize damage to the streambed and banks. The bridge shall be constructed to pass the 100-year peak flow with consideration of debris likely to be encountered. Abutments, piers, piling, sills,approach fills,etc., shall not constrict the flow and cause any appreciable increase (not to exceed 0.2 feet) in backwater elevation (calculated atthe 100-year flood) or channel-wide scour, and shall be aligned to cause the least effect on the hydraulics ofthe Page 1 of 5 Ryan Crater- 111526-1 Neyhart pdf Page 2 s h" of HYDRAULIC PROJECT APPROVAL 48DevlonsNre Road FISH and RCW77.55.021(10) &(It)-Appeal Pursuant to Chapter Montesano, WA98563 WILDLIFE (360)249-4628 Issue Date: December 21, 2007 Control Number: 111526-1 Project Expiration Date: January 15, 2008 FPA/%bli c Notice#. N/A strea m. Structures containing concrete shall be sufficiently cured prior to contact with water to avoid leaching .Fresh concrete shall not be allowed to come into contact with state waters. Approach material shall be structurally stable and shall be composed of material that if eroded into the water shall not be detrimental to fish life. WATER QUALITY: Wooden components shall not contain creosote orpentachloroph enol. This shall include pilings, beams, structural supports, and decking.These components shall remain free ofthese toxic substances for the duration oftheir functional lives. 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 orspills), immediate notification shall be made to the Washington Department of Ecology at 1-800-258-599 0,and to the Area Habitat Biologist listed below. Work shall be conducted in a manner that minimizes the release of sediment into the stream. It may be necessary to utilize straw bales, filter fabric, and/or immediate mulching of exposed areas to prevent sediment from entering state waters. Allwaste material, including the damaged bridge (in the middle ofthe stream), construction debris, silt,excess dirt or overburden resulting from this project shall be deposited above the limits offlood water. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, fresh cement, sediments,sediment-laden water, chemicals, orany other toxic ordeleterious materials are allowed to enter or leach into the stream. Fresh concrete orconcrete -b roducts shall not be allowed to enter the stream atan time during YP Y this project.All forms used for concrete shall be completely sealed to prevent the possibility of fresh concrete from getting into the stream. Bank protection material (concrete blocks)which were toppled by the flood waters may be repositioned to their original location. No new bank protection orconcrete blocks are authorized under this Expedited HPA. The applicant may submit a new application for bank protection. 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 Page 2 of 5 Ryan Crater- 111526-1 Neyhart pdf Page 3 AL Washington HYDRAULIC PROJECT APPROVAL coastal Department of 48 Devonshire Road FISH and RCW 77.55.021(10) &(11)-Appeal Pursuant to Chapter Montesano, WA 98563 WILDLIFE (360)249-4628 Issue Date: December 21, 2007 Control Number: 111526.1 Project Expiration Date: January 15, 2008 FPA/Publi c Notice tP. N/A banks, including riprap areas, shall be revegetated with native orother approved woody species.Veg etative cuttings shall be planted at maximum interval of three feet (on center) and maintained as necessary for three years to ensure 80 percent survival. PROJECT LOCATIONS Location #1 Neyhart Farms WORK START: December 22, 2007 IWORK END: January 10, 2008 WRIA: Waterbo : Tributary to: 15.04 46 Tahuya River Hood Canal 1/4 SEC: Section: Township: Range: latitude: Longitude: County: All 12 22 N �03 W IN 47.4024 W 123.0082 Mason Location I Driving Directions From Belfair (Highway 3),go SW on Highway 300/North Shore Road 15 miles, cross bridge, take first right to Tahuya/Belfair Road, go 1 mile, turn right on Tahuya River Road, 2 miles, turn right on the driveway right next to an old kid's bus shelter (now with garbage cans), go approx. 100' and take first driveway to the right. Go to the end of road driveway. 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 riot 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 pursuant to RCW 77.55.021 (EXCEPT agricultural irrigation, stock watering or bank stabilization projects) or 77.55.141 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 Page 3 of 5 Ryan Crater 111526-1 Neyhart pdf Page 4 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021(10) &(11)-Appeal Pursuant to Chapter Montesano, WA 985133 WILDLIFE (360)249-4628 Issue Date: December 21, 2007 Control Number: 111526-1 Project Expiration Date: January 15, 2008 FPA/Publi c Notice#: N/A such decisions. All agricultural irrigation, stock watering or bank stabilization Hydraulic Project Approvals issued pursuant to RCW 77.55.021 may be modified by the Department of Fish and Wildlife due to changed conditions after consultatio n with the person(s) to whom this Hydraulic Project Approval is issued: PROVIDED HOWEVER, that such modification s shall be subject to appeal to the Hydraulic Appeals Board established in RCW 77.55.301. APPEALS IN FORMATION 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 77.55.021, 77.55.141, 77.55.181, and 77.55.291: A person who is aggrieved or adversely affected by the following Department action s 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 concems 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 Technical 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 7-7.55.021 (EXCEPT agricultural irrigation, stock watering or bank stabilization projects) or 77.55.291: 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; (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 Coordinat or, 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 considerat ion 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 77.55.021 (agricultural irrigation, stock watering or bank stabilization only), 7-7.55.141, 77.55.181, or 77.55.241: 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 43.21L 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 43.21L 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, Environme ntal and Land Use Hearings Board, 4224 Sixth Avenue SE, Building Two-Rowe Six, P.O. Box 40903, Lacey, Washington 98504, telephone 360/459-6327. Page 4 of 5 Ryan Crater- 111526-1 Neyhart.pdf Page 5] AL Washington HYDRAULIC PROJECT APPROVAL coastal Department of 48 Devonshire Road WWFISH and RCW77.55.021(10) &(11)-Appeal Pursuant to Chapter Montesano, WA985563 ILDLIFE (360)249.4628 Issue Date: December 21, 2007 Control Number: 111526-1 Project Expiration Date: January 15, 2008 FPA/Publi c Notice#. N/A 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) P2 Habitat Biologist /} a for Director Debbie Carnevali 360-753 -2600 WDFW CC: Gloria Rogers, AHB, WDFW, Region 6 Page 5 of 5