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Home My WebLink AboutHPA Ramsaur Bank Protection Repair - BLD Permit / Conditions - 7/27/2005 cvdog 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: July 27, 2005 Control Number: 102097-1 Expiration Date: September 15, 2005 FPA/Public Notice#: PERMITTEE AUTHORIZED AGENT OR CONTRACTO Jesfield Construction Company Inc K M Arlene Ramsaur ATTENTION: Frank Merrill 0 `� m 1341 N.E. Tahuya River Road PO Box 1590 c Tahuya WA, 98588 Allyn WA, 98524 `I�Q" ; 360-275-6635( ) 360-275-6684 0 �� ``` G ow N Fax: 360-275-3751 VI—Z o Project Name: Ramsaur Bank Protection Repair z cr m Project Description: Placement of large angular rock at the top of a failing rock armoring and rearranging large rock that has failed into the river. PROVISIONS 1. TIMING LIMITATIONS: The project may begin July 31, 2005 and shall be completed by September 15, 2005. 2. NOTIFICATION REQUIREMENT: The Area Habitat Biologist listed below shall receive written notification (FAX or mail) from the person to whom this Hydraulic Project Approval (HPA) is issued (permittee)or the agent/contractor no less than 3 working days prior to start of work, and again within seven days of completion of work to arrange for a compliance inspection. The notification shall include the permittee's name, project location, starting date for work or completion date of work, and the control number for this HPA. 3. NOTIFICATION REQUIREMENT: The Enforcement Officer Overly (115) shall receive written notification (FAX (360) 876-1894) from the person to whom this Hydraulic Project Approval (HPA) is issued (permittee) or the agent/contractor no less than three working days prior to start of work, and again within seven days of completion of work to arrange for a compliance inspection. The notification shall include the permittee's name, project location, starting date for work or completion date of work, and the control number for this HPA. 4. Work shall be accomplished per plans and specifications approved by the Washington Department of Fish and Wildlife entitled Cross Section and Site Plan Rock Wall Repair Arlene Ramsaur 1341 N.E. Tahuya River Rd and dated July 26, 2005, except as modified by this Hydraulic Project Approval. A copy of these plans shall be available on site during construction. Bank Protection Provisions: 5. Bank protection work shall be restricted to work necessary to protect the top of the existing rock wall. 6. Placement of bank protection material waterward of the ordinary high water line shall not occur. 7. Bank sloping shall be accomplished in a manner that avoids release of overburden material into the water. Overburden material resulting from the project shall be deposited so it will not re-enter Page 1 of 5 Washington HYDRAULIC PROJECT APPROVAL coastal Department of 48 Devonshire Road t FISH and WILDLIFE Montesano,WA 98563 (360)249-4628 Issue Date: July 27, 2005 Control Number: 102097-1 Expiration Date: September 15, 2005 FPA/Public Notice#: the water. 8. Bank protection material shall be clean, angular rock, and shall be installed to withstand 100-year peak flows. River gravels or other round cobbles shall not be used as exterior armor. 9. Bank protection and filter blanket material shall be placed from the top of the bank. Dumping onto the bank face shall not be permitted. 10. Geotextile cloth or filter blanket material shall be placed prior to placement of bank protection material. Equipment Provisions: 11. Equipment used for this project shall not enter or operate below the ordinary high water line. 12. 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. Water Quality Provisions: 13. Every effort shall be taken during all phases of this project to ensure that sediment-laden water is not allowed to enter the stream. 14. 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. 15. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. 16. 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. PROJECT LOCATIONS Location #1 Ramsaur Work Start:07-31-2005 Work End:09-15-2005 WRIA WATERBODY TRIBUTARY TO COUNTY 15.0446 Unnamed Hood Canal Mason 1/4 SEC. Section Township: Range: Latitude: Longitude SW 1/4 12 22 N 03 W N 47.40828 W 123.00702 DRIVING DIRECTIONS: Tahuya River .Page 2 of 5 Washington HYDRAULIC PROJECT APPROVAL coastal Department of FISH and 48 Devonshire Road WILDLIFE Montesano,WA 98563 (360)249-4628 Issue Date: July 27, 2005 Control Number: 102097-1 Expiration Date: September 15, 2005 FPA/Public Notice#: NOTES 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. It is the responsibility of the permit holder to secure any landowner permissions or use authorizations as needed for the project. 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. CHAPTER 77.55 RCW RE-CODIFIED: Chapter 77.55 RCW was re-organized and re-codified by the 2005 Legislature in Second Substitute House Bill 1346, signed into law by Governor Gregoire as Chapter 146, Laws of 2005. Chapter 146, Laws of 2005 became effective July 24, 2005. The Code Reviser's Office is in the process of completing the re-codification and conversion of the bill into RCW. The RCW referenced at the top of this HPA has been superseded by Chapter 146, Laws of 2005. Until the re-codification process has been completed, the following reflects the section(s) of Chapter 146, Laws of 2005 under which sections of former Chapter 77.55 RCW can now be found: FORMER CHAPTER 146 Page 3 of 5 Washington HYDRAULIC PROJECT APPROVAL coastal Department of 48 Devonshire Road t FISH and Montesano, WA 98563 WILDLIFE (360)249-4628 Issue Date: July 27, 2005 Control Number: 102097-1 Expiration Date: September 15, 2005 FPA/Public Notice #: TITLE 77.55 RCW LAWS of 2005 ------------------------ ----------------- RCW 77.55.010 Sec. 406 RCW 77.55.100 Sec. 101, 201, 301, 507, 508, 601, 605 RCW 77.55.110 Sec. 101,201 RCW 77.55.150 Sec. 101, 303, 401 RCW 77.55.200 Sec. 501 RCW 77.55.210 Sec. 504 RCW 77.55.220 Sec. 101, 502 RCW 77.55.270 Sec. 101, 402 RCW 77.55.280 Sec. 403 RCW 77.55.290 Sec. 505 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 O Y 1 P 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 Page 4 of 5 Washington HYDRAULIC PROJECT APPROVAL Coastal 1 Department of 48 Devonshire Road FISH and WILDLIFE Montesano, WA 98563 (360)249-4628 Issue Date: July 27, 2005 Control Number: 102097-1 Expiration Date: September 15, 2005 FPA/Public Notice #: 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) P2 Jeff Davis 360-895-3965 + '�, for Director Habitat Biologist - _y *. �� .�..a WDFW C-: Charles McCoy, Mason County DCD Marty Ereth, Skokomish Tribe Natural Resources Page 5 of 5