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Home My WebLink AboutSEP2009-00074 - SEP Letters / Memos - 10/7/2011 10/7/2011 Conditions Associated With 1:20:54PM Case#: SEP2009-00074 Ir Permit Condition Status Updated item# Code Title Status Changed By Tag Date By 1) 1 MDNS CONDITIONS NOY MEC 1/27/2010 A1113 1.Implement the recommendations of the July 14,2009 GeoDesign Report of Reclamation Plan Slope Stability Evaluations. 2.The stormwater report dated July 21,2009 that implement the Washington State Department of Ecology's Storm Water,Water Quality,Hazardous Waste and Solid Waste Program Best Management Practices shall meet the satisfaction of the Department of Ecology prior to start of activity. 3.A cultural resources survey must be conducted by a professional archaeologist prior to the start of ground disturbing activities. Results of that study shall be presented to Mason County,the Skokomish Tribe,and the State of Washington,Office of Archaeology and Historic Preservation. 4.The applicant shall coordinate with WA.Dept.of Fish and Wildlife for the review of this gravel mine expansion and necessary operation conditions for the duration of the mine activities rgarding: a)Roosevelt elk use,especially crucial winter range; b)Bald Eagle,Hamma Hamma River winter roost use and Osprey year-long use; c)Great Blue Heron and waterfowl concentrations(esp.brant and harlequin duck)area use through the year; d)Endangered Species Act listed fish species noted use in the Hamma Hamma River and Johns Creek drainages. 5.Continuous compliance with Olympic Region Clean Air Agency's(ORCAA)general nuisance dust prohibitions and standards shall be an ongoing responsibility of the applicant and shall be maintained by implementing best management practices to minimize airborne dust during dry conditions. 6.The applicant must respond to legitimate noise complaints,as determined by Mason County,of adjacent property owners by conducting noise monitoring evaluation,developing a corrective plan that may include modifying practices to meet county noise standards per MCDR 1.04.507A. 7.Mine lighting(if utilized)shall be oriented and operated to prevent impacts to adjacent properties per MCDR 1.04.507C. 8.An Application for Access Connection Permit or Revision from WSDOT shall be required prior to start of activity. 9.A minimum 300-foot natural vegetative buffer along the south and 100-foot natural vegetative buffer along the east and north shall be retained along the permit boundary of the proposed mine site(shown on Figure 3 of application). 10.All of the necessary permits from Mason County,Washington State and/or federal agencies that are required for this proposed activity must be obtained PRIOR TO START OF SAME ACTIVITY and adhered to upon completion of the development. Page 1 of 1 CaseCondi ioos..rpt M1Ws WASHINGTON DEPARTMENT OF FISH AND WILDLIFE BALD EAGLE SITE MANAGEMENT PLAN RCW 77.12.655 WAC 232-12-292 EAGLE TERRITORY--- Hamm Hamma Roost ApU1icant Property Pending Activity Hama ;lama Co T24N R3W S27 Forest Practice logging application 35959 N US Hwy 101 Any future logging or development Lilliwaup, WA 98555 FACT',_1RS CONSIDERED 1) Lindowners goals were considered through a review of the FPA and past site visits re viewed on 10/26/99. 2) Bald eagle habitat use was considered by analysis of territory integrity through time, current surrounding habitat conditions, current status of the population and scientific literature concerning bald eagle habitat protection. Riparian perch protection are covered under the new forest p.-actice rules. CONDITIONS 1) No cutting or development on the core roost site on the island at the mouth of the Hamma Hammrx River, approx. 39 acres. 2) No lc-ging operations or new construction within 800' of the roost from Nov. I - Feb. 28. DUR n. ON OF PROTECTION This Pian applies to the landowner who signs the Plan. If the ownership changes, the new owner ir;3y sign the Plan or request a new one to reflect a change in land use. Since ea;;les return to the same traditional use areas each year, the conditions of this Plan shall apply indefinitely, unless-a communal roost has been unoccupied for 5 consecutive years. REVIEW AND AMENDMENT This Plan will be subject to the following review and amendment procedures. The Plan may be reviewed periodically by the Department and the landowner to determine whether: 1) the Plan requires amendment in response to changing eagle and land wner circumstances; or, 2) the terms of the Plan comply with applicable laws and regulations; or, 3) the parties to the Plan are complying with its terms. r d LU.Bacb09c jas ll t9 A(I t'1 JFT :an an �n inn APPEAL PROCEDURE In addition to the provisions of WAC 232-12-292 (7.1)-(7.3), the landowner may request a formal appeal of WDFW actions according to the Administrative Procedures Act, Chapter 34.05 RCW, and the Model Rules of Procedure, Chapter 10.08 WAC. Such a request shall be filed with the Department within 20 days of receipt of the contested WDFW decision. The appeal request shall clearly state the relief sought and the grounds for the appeal. COMPLIANCE Failure to comply with this Plan constitutes a misdemeanor as set forth in RCW 77.21.010. Tlus Plan applies only to the proposed land use listed above. Any other proposals may be subject to a different set of conditions. It is the landowner's responsibility to notify the Department of any new proposed land use activities. SIGNATURES Plan wn n by: Date Landowner Signature Date : �AV%� R<tl.�., �a►vtQa �� Landowner Name(Print) rV 3 rTS-5 Hy L� Address City, State, Zip Code Regional Director Date z d LOLB2Eb09E jasn Manor dLTccn on �n I , APPEAL PROCEDURE In addition to the provisions of WAC 232-12-292 (7.1)-(7.3), the landowner may request a formal appeal of WDFW actions according to the Administrative Procedures Act, Chapter 34.05 RC,'W, and the Model Rules of Procedure, Chapter Io.08 WAC. Such a request shall be filed with the Department within 20 days of receipt of the contested WDFW decision. The appeal request shall clearly state the relief sought and the grounds for the appeal. COMPLIANCE Failure to comply with this Plan constitutes a misdemeanor as set forth in RCW,77.21.010. This Plan applies only to the proposed land use listed above. Any other proposals may be subject to a different set of conditions. It is the landowner's responsibility to notify the Department of any new proposed land use activities. SIGNATURES Plan471. by: Date Landowner Sign a ture / Date Landowner Name (Print) n! 3 r I rl H7 !� ( Li�Iiwti b,/f, Address City, State, Zip Code Regional Director Date z °� LOLB26iro9E jasn M-Inm dLr rcn on SCALE f = 4 0 O' Tii io:a jo`o TN is :aoouo"' Titj! • H °odgto !o�ItIW IN Y.L.I■ aalo0o�0 1 �S M Tr 2 N A/W Trig Tr.10 7 26 Tr. 2 Tr l !+ :Tir ; �oaw MN R�. f W 280 1 1 Tr. I 427 12 00010 g 52427 11 00130 f r „ Tr. 3 ! 0 1 32427-12 60020 G.L. 3 ! 26 24 3 /ff nj.f-art A ��e.t`' l30001 � ,�. r •' � `� �-i� '' ''=�'., ,� P�o'�'tC'{'10 st A. '•,c ,•!f 4 fry ,:1 Tr. I G. 3 3� 1r f,, f r_ •l .. w ` , ,:.'?� :..�: X a n e. ' O 0 4470940 'r(W 99 4 3 14 QOO 3 FIGURE 1 4 I HAMMA HAMMA RIVER EAGLE ROOST 26.24. 3 Core protection zone \ 32427 14 00010 e sac _ i 10 = i