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Home My WebLink AboutHPA-Expedited Bridge Removal - PLN General - 5/14/2008 l a11 Washington HYDRAULIC PROJECT APPROVAL Coastal IJU Department of 48 Devonshire Road IFFISH and RCW 77.55.021(10)&(11)-Appeal Pursuant to Chapter Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date: May 14,2008 Control Number: 112510-1 Project Expiration Date:June 15,2008 FPA/Public 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: Expedited Neyhart Bridge Removal and Installation Project Description: Replace bridge that was washed away in the December 2007 flood with a 89 foot full span bridge. The failed ecology blocks, left and right bank cement abutments and old bridge shall be removed from the river. To remove the old right bank cement wall, the wall may be cut no greater than 18 inches above the spread footing. Both cement abutments and the bridge shall be placed landward of the right bank out of the flood way. Any bank or bridge protection work shall applied for and receive a separate Hydraulic Project Approval. PROVISIONS 1. TIMING LIMITATIONS: The project may begin May 14, 2008 and shall be completed by June 15, 2008. 2. Work shall be accomplished per plans and specifications submitted to the Washington Department of Fish and Wildlife (WDFW) as well as two emails from Doug Neyhart to WDFW dated April 9, 2008, except as modified by this Hydraulic Project Approval. A copy of these plans shall be available on site during construction. No bank or bridge protection work is authorized under this Hydraulic Project Approval. Any bank or bridge protection work shall be applied for and receive a separate Hydraulic Project Approval. EQUIPMENT 3. Equipment used for this project shall operate stationed on the bank. 4. 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. 5. Equipment crossings of the stream are not authorized by this HPA. REMOVAL OF ABUTMENTS, ECOLOGY BLOCKS AND OLD BRIDGE 6. Removal of the existing structures shall be accomplished so the structure and associated material does not enter the stream. The failed ecology blocks, left and right bank cement Page 1 of 5 V. 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: May 14,2008 Control Number: 112510-1 Project Expiration Date:June 15,2008 FPA/Public Notice#: N/A abutments and old bridge shall be removed from the river. The old right bank cement wall shall be cut as low as possible and not to exceed greater than 18 inches above the spread footing. Both cement abutments and the bridge shall be placed landward of the right bank out of the flood way. 7. The bridge deck shall be cleaned of aggregate or earth materials prior to bridge removal. This material shall be disposed of so it will not enter the stream. 8. The abutments, ecology blocks and old bridge shall be fully suspended so no portion can damage the streambed and banks. 9. Removal shall be accomplished by mechanical means. This Hydraulic Project Approval does not authorize blasting. BRIDGE INSTALLATION 10. The bridge structure shall be fully suspended to minimize damage to the streambed and banks. 11. The bridge shall be constructed to pass the 100-year peak flow with consideration of debris likely to be encountered. 12. 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 at the 100-year flood) or channel-wide scour, and shall be aligned to cause the least effect on the hydraulics of the stream. 13. 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 14. Wooden components shall not contain creosote or pentachlorophenol. This shall include pilings, beams, structural supports, and decking.These components shall remain free of these toxic substances for the duration of their functional lives. 15. 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 Military Department's Emergency Management Division at 1-800-258- 5990, and to the Area Habitat Biologist listed below. 16. Erosion control methods shall be used to prevent silt-laden water from entering the stream. These may include, but are not limited to, straw bales, filter fabric, temporary sediment ponds, check dams of pea gravel-filled burlap bags or other material, and/or immediate mulching of exposed areas. Page 2 of 5 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: May 14,2008 Control Number: 112510-1 Project Expiration Date:June 15,2008 FPA/Public Notice#: N/A 17. All waste material, including the damaged bridge, both concrete abutments, construction debris, silt, excess dirt or overburden resulting from this project shall be deposited above the limits of flood water. The ecology blocks may be stored landward of the left bank. 18. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. 19. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, fresh cement, sediments, sediment-laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the stream. 20. 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 woody species. Vegetative cuttings shall be planted at a maximum interval of three feet (on center) and maintained as necessary for three years to ensure 80 percent survival. PROJECT LOCATIONS Location #1 Neyhart Farms WORK START: May 14, 2008 IWORK END: June 15, 2008 WRIA: Waterbody: Tributary to: 15.0446 Tahuya River Hood Canal 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: SW 1/4 13 22 N 03 W N 47.39418 W 123.01427 Mason Location#1 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. Page 3 of 5 i 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: May 14, 2008 Control Number: 112510-1 Project Expiration Date:June 15,2008 FPA/Public Notice#: N/A 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 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 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 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 77.55.301. 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 77.55.021, 77.55.141, 77.55.181,and 77.55.291: 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 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 77.55.021 (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 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 Page 4 of 5 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: May 14, 2008 Control Number: 112510-1 Project Expiration Date:June 15, 2008 FPA/Public Notice#: N/A 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 77.55.021 (agricultural irrigation, stock watering or bank stabilization only), 77.55.141, 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 43.21 L RCW: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval,or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The FORMAL APPEAL shall be in accordance with the provisions of Chapter 43.21 L RCW and Chapter 199-08 WAC. The request for FORMAL APPEAL shall be in WRITING to the Environmental and Land Use Hearings Board at Environmental Hearings Office, Environmental and Land Use Hearings Board,4224 Sixth Avenue SE, Building Two-Rowe Six, P.O. Box 40903, Lacey,Washington 98504;telephone 360/459-6327. E. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS results in forfeiture of all appeal rights. If there is no timely request for an appeal,the department action shall be final and unappealable. ENFORCEMENT: Sergeant Jackson (29) P1 Habitat Biologist �DrDi�ctor Gloria Rogers 360-249-4628 CC: Mason County Department of Community Development (emailed) Ryan Crater and Pam Bennett-Cumming Post Office Box 279 Shelton, WA 98584 Page 5 of 5 n ) sTar,ofi a �n a x ws �_ �yd 1889 any State of Washington DEPARTMENT OF FISH AND WILDLIFE 48 Devonshire Road,Montesano,Washington 98563-9618(360)249-4628,TDD(360)902-2207,Fax(360)664-0689 July 24, 2008 Neyhart Tahuya Farms LLC Douglas Neyhart 2297 Tahuya River Rd Tahuya, WA 98588 Dear Mr. Neyhart: SUBJECT: Incomplete Hydraulic Project Application Package;Bank Protection;Tahuya River, Tributary to Hood Canal; SW 1/4, Section 13,Township 22 North,Range 03 West, Mason County, WRIA 15.0446, WDFW Log No. 114047-01 The Department of Fish and Wildlife (WDFW) received your application for a Hydraulic Project Approval (HPA) on July 23, 2008. To complete your application, please submit the following information to me at the above address. Written notice of compliance with the State Environmental Policy Act (SEPA), including exemption or type of determination, date of exemption or final determination date, and the lead agency is required before a HPA may be issued. Incomplete plans were submitted with the application. Once the above-referenced information has been received, your application will be complete and evaluation of your HPA application will begin. The 45-day review period for evaluating applications for HPA per RCW 77.55.021 will not start until this information is received. I hope this information helps and please call (360)249-4628 X 249 if I can assist you through this process. Sincerely, 6 111�09e_r� Gloria Rogers Area Habitat Biologist Cc: WRIA 15 File, Olympia(emailed) Ryan Crater, Mason County Department of Community Development(emailed)