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Home My WebLink AboutHPA- Remove Concrete Pieces - BLD Permit / Conditions - 6/30/2003 HYDRAULIC PROJECT APPROVAL State of Washington %'�w�of RCW 77.55.100-appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife FISH�a Habitat Program 600 Capitol Way North,MS 3155 WINE Olympia,Washington 98501-1091 DATE OF ISSUE: June 30.2003 LOG NUMBER: VI-F4542-01 PERMITTEE AUTHORIZED AGENT OR tONTRA Thomas J. Woodward Not Applicable I V 10612 Sierra Drive Puyallup, WA 98374 2003253 383-2584 ANNINGPROJECT DESCRIPTION FOR APPLICANT: Remove Concrete Pieces Using A Back Hoe W WDFW DATABASE DESCRIPTION.• Bank Protection 51 to 100 Feet, Remove, Permanent, Moveable, Fresh Water, On Bed, Manmade, Concrete,Precast. PROJECT LOCATION: 1311 Tahuya River Road, Tahuya,Mason County LAT N47.41002° LONG W 123.00663° # WRIA WATER BODY TRIBUTARY TO 1/4 SEC. SEC. TOWNSHIP RANGE COUNTY 1 15.0446 Tahuya River Hood Canal 12 22 North 03 West Mason NOTE: This Hydraulic Project Approval(HPA) does not constitute an after-the fact HPA for work previously conducted below the ordinary high water line without a valid HPA, nor does it relieve the permittee from any legal responsibilities for that previously conducted work. NOTE: Compliance with this HPA does not ensure compliance with the federal Endangered Species Act or any other local, state or federal laws. PROVISIONS l. TIMING LIMITATIONS: The project may begin July 15`h,2003 and shall be completed by August 31"2003. 2. NOTIFICATION REQUIREMENT: The permittee or contractor shall notify the Area Habitat Biologist(AHB) listed below of the project start date. Notification shall be received by the AHB at least three working days prior to the start of construction activities. The notification shall include the permittee's name, project location, starting date for work, and the control number for this Hydraulic Project Approval. 3. NOTIFICATION REQUIREMENT: The permittee or contractor shall notify WDFW Enforcement Officer Ryan John at(360)280-5740 at least three working days prior to the start of construction activities. Notification shall include the permittee's name, project location, starting date for work,and the control number for this Hydraulic Project Approval. 4. 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),operations shall cease and the Washington Department of Fish and Wildlife at(360)902-2537 and Washington Department of Ecology at(360)407-7037 shall be contacted immediately. Work shall not resume until further approval is given by the Washington Department of Fish and Wildlife 5. Under no circumstances shall a blockage to stream flow or fish passage be created. Page 1 of 4 1 AVWtM HYDRAULIC PROJECT APPROVAL State of Washington � o( RCW 77.55.100-appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife FISH ad Habitat Program 600 Capitol Way North,MS 3155 Olympia,Washington 98501-1091 DATE OF ISSUE: June 30,2003 LOG NUMBER: VI-F4542-01 6. Equipment used for this project shall operate stationed on the bank. 7. 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. 8. 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(wheels,tires,tracks,etc.)and undercarriage of equipment prior to its 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. 9. Every effort shall be taken during all phases of this project to minimize turbidity. 10. All waste material such as 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. 11. If high flow conditions that may cause siltation are encountered during this project,work shall stop until the flow subsides. 12. 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. SEPA: Exempt,no other non-exempt permits APPLICATION ACCEPTED: June 30,2003 ENFORCEMENT OFFICER: Officer John 122 [PI] Danette L. Guy for Director (360) 895-4757 WDFW Area Habitat Biologist cc: WRIA File,Olympia Officer Ryan John, Enforcement Sergeant Ted Jackson, Enforcement Officer Bob Overly,Enforcement Kristin French, Mason County Rick Mraz,Mason County GENERAL PROVISIONS This Hydraulic Project Approval(HPA)pertains only to the provisions of the Fisheries Code(RCW 77.55 -formerly RCW 75.20). Additional authorization from other public agencies may be necessary for this project. Page 2 of 4 ~ HYDRAULIC PROJECT APPROVAL State of Washington of RCW 77.55.100-appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife Habitat Program FISH and �� 600 Capitol Way North,NIti 315�Olympia,Washington 98501-1091 DATE OF ISSUE: June 30.2003 LOG NUMBER: VI-F4542-01 This HPA shall be available on the job site at all times and all its provisions followed by the permittee and operator(s) performing the work. This HPA does not authorize trespass. The person(s)to whom this HPA is issued may be held liable for any loss or damage to fish life or fish habitat which results from failure to comply with the provisions of this HPA. 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 HPAs 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 permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All HPAs 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 permittee: PROVIDED HOWEVER,that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 77.55.170. APPEALS-GENERAL INFORMATION IF YOU WISH TO APPEAL A 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 HPA, or the conditions or provisions made part of a HPA; or (B) An order imposing civil penalties. It is recommended that an aggrieved party contact the Area Habitat Biologist and discuss the concerns. Most problems are resolved at this level, but if not,you may elevate your concerns to his/her supervisor. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildlife, 600 Capitol Way North, � Olympia, Washin on 98501-1091 and shall be RECEIVED by the Department within 30-days of the denial or issuance of a HPA or receipt of an order imposing civil penalties. The 30-day time requirement may be stayed by the Department if negotiations are occurring between the aggrieved party and the Area Habitat Biologist and/or his/her supervisor. The Habitat Protection Services Division Manager or his/her designee shall conduct a review and recommend a decision to the Director or its 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 an formal review of: (A) The denial or issuance of a HPA,or the conditions or provisions made part of a HPA; (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. Page 3 of 4 HYDRAULIC PROJECT APPROVAL State of Washington *CVtM nt eI RCW 77.55.100-appeal pursuant to Chapter 34.05 RCW Department of Fish and wildlife i FISH and Habitat Program 600 Capitol Way North,MS 3155 WOLN Olympia,Washington 98501-1091 DATE OF ISSUE: June 30. 2003 LOG NUMBER: VI-174542-01 A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife, 600 Capitol Way North, Olympia,.Washington 98501-1091, shall be plainly labeled as "REQUEST FOR FORMAL APPEAL" and shall be RECEIVED DURING OFFICE HOURS by the Department 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 HPA, or the conditions or provisions made part of a HPA 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. 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. Page 4 of 4