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Home My WebLink AboutHPA for MEP2005-00035 - MEP Application - 7/28/2005 Washington'Department of HYDRAULIC PROJECT APPROVAL coastal FISH and RCW 77.55.100-Appeal pursuant to Chapter 34.05 RCW 48 Devonshire Road WILDLIFE Montesano, WA 98563 (360)249-4628 Issue Date: July 28, 2005 Control Number: 102416-1 Expiration Date: October 31, 2005 FPA/Public Notice #: PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Jim Gregersen n m P.O. Box 554 -gyp BE KEPT IN Tt-iE � n Belfair WA, 98528 �-� 0 360-275-7281( ) PARCEL FILE -� 4< Fax: 360-479-6973 D s Z m Project Name: Gregersen Culvert Installation Z Project Description: Replacing an illegally installed culvert with an approved 24-inch dia t r 0 culvert within a Type NS stream. PROVISIONS 1. TIMING LIMITATIONS: The project may begin Immediately and shall be completed by October 31, 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 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. Existing Culvert Removal Provisions: 3. The existing culvert shall be removed in the dry or in isolation from stream flow by the installation of a bypass to divert the stream flow around the work area. 4. All earth and roadbed material shall be removed prior to removal of the existing culvert. New Culvert Installation Provisions: 5. The culvert shall be placed on a flat gradient with the bottom of the culvert placed below the level of the streambed a minimum of 20 percent of the culvert diameter for a round culvert. The 20 percent placement below the streambed shall be measured at the culvert outlet. 6. The culvert width at the streambed shall be equal to or greater than the average width of the streambed. 7. The culvert shall be installed to maintain structural integrity to the 100-year peak flow with consideration of the debris likely to be encountered. 8. Fill associated with the culvert installation shall be protected from erosion to the 100-year peak flow. Page 1 of 5 Washington Coastal , s HYDRAULIC PROJECT APPROVAL Department of 48 Devonshire Road FISH and WILDLIFE Montesano,WA 98563 (360)249-4628 Issue Date: July 28, 2005 Control Number: 102416-1 Expiration Date: October 31, 2005 FPA/Public Notice#: 9. The culvert shall be installed and maintained to avoid inlet scouring and to prevent erosion of stream banks downstream of the project. 10. The culvert shall be installed in the dry or in isolation from the stream flow by the installation of a bypass flume or culvert, or by pumping the stream flow around the work area. 11. The culvert shall not exceed 30 feet in total length. 12. The culvert shall consist of a single barrel. 13. Disturbance of the streambed and banks shall be limited to that necessary to place the culvert and any required channel modification associated with it. Affected streambed and bank areas outside the culvert and associated fill shall be restored to preproject configuration following installation of the culvert. Within one year of project completion, the banks shall be revegetated with native or other approved woody species. Equipment Provisions: 14. 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. 15. 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: 16. Every effort shall be taken during all phases of this project to ensure that sediment-laden water is not allowed to enter the stream. 17. 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. 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. 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 28, 2005 Control Number: 102416-1 Expiration Date: October 31, 2005 FPA/Public Notice#: PROJECT LOCATIONS Location #1 Gregersen Work Start:07-29-2005 Work End:10-31-2005 WRIA WATERBODY TRIBUTARY TO COUNTY 15.0470 Unnamed Tributary (rb) Mason 1/4 SEC. Section Township: Range: Latitude: Longitude SE 1/4 12 23 N 02 W N 47.51269 W 122.88860 DRIVING DIRECTIONS: NOTES 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 person(s) to whom this HPA is issued from any legal responsibilities for that previously conducted work. 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 Page 3 of 5 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and Montesano, WA 98563 WILDLIFE (360) 249-4628 Issue Date: July 28, 2005 Control Number: 102416-1 Expiration Date: October 31, 2005 FPA/Public Notice #: 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 77.5:5 RC`vV can now be found: FORMER CHAPTER 146 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 Page 4 of 5 Washington HYDRAULIC PROJECT APPROVAL coastal Department of 48 Devonshire Road �^ FISH and ' WILDLIFE Montesano, WA 98563 (360)249-4628 Issue Date: July 28, 2005 Control Number: 102416-1 Expiration Date: October 31, 2005 FPA/Public Notice #: 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 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 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 WDFW �7'—'`� CC: Chuck McCoy, Mason County DCD Marty Ereth, Skokomish Tribe Natural Resources Dept. Page 5 of 5