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Home My WebLink AboutHPA-Bridge Abutment Armoring - BLD Permit / Conditions - 12/19/2007 r Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021(8)-Appeal Pursuant to Chapter 34.05 Montesano,WA 98563 WILDLIFE RCW 77.55.181 -Appeal to Hydraulic Appeals Board (360)249-4628 Issue Date: December 19,2007 Control Number: 111591-1 Project Expiration Date: December 30,2007 FPA/Public Notice#: N/A PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Long Live the Kings ATTENTION:Joy Lee Waltermire Post Office Box 205 Lilliwaup,WA 98555 360-877-6960 Fax:360-877-9690 Project Name: Emergency- Bridge Abutment Armoring Project Description: Replace riprap on upstream, left bank bridge abutment to fill scour hole. Material is to be limited to the scour hole. PROVISIONS 1. TIMING LIMITATIONS: The project may begin Immediately and shall be completed by December 30, 2007. 2. This HPA is the written follow-up to the emergency verbal HPA issued by Gloria Rogers, to Joy Lee Waltermire of Long Live the Kings Hatchery, on December 19, 2007. It is issued with the understanding that the proposed work is necessary to address emergency conditions. The permittee shall set up an on-site meeting with the Area Habitat Biologist listed below, as soon as possible but not less than 60 days after work is completed, to determine if additional measures will be necessary to restore fish habitat that may have been damaged as a result of this emergency action. CHANNEL PROVISIONS 3. Bank protection work shall be restricted to work necessary to protect the bridge abutment. 4. Placement of riprap waterward of the ordinary high water line shall be restricted to the minimum amount necessary to protect the bridge abutment. 5. The toe shall be installed to protect the integrity of the riprap. 6. Riprap shall be placed from the bank. Dumping onto the scour hole shall be permitted only if the toe is established and the material can be confined to the scour hole. 7. Armoring 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. 8. Riprap shall be placed in a manner to avoid damage to existing vegetation. EQUIPMENT PROVISIONS Page 1 of 4 - Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021(8)-Appeal Pursuant to Chapter 34.05 Montesano,WA 98563 WILDLIFE RCW 77.55.181 -Appeal to Hydraulic Appeals Board (360)249-4628 Issue Date: December 19,2007 Control Number: 111591-1 Project Expiration Date: December 30,2007 FPA/Public Notice#: N/A 9. 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 below the ordinary high water line. Equipment shall be checked daily for leaks and any necessary repairs shall be completed prior to commencing work activities along the stream. WATER QUALITY & FISH PROTECTION PROVISIONS 10. Erosion control methods shall be used to prevent silt-laden water from entering the stream during all phases of the project. 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. 11. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. 12. 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 Department of Ecology at 1-800-258-5990, and to the Area Habitat Biologist listed below. PROJECT LOCATIONS Location #1 WORK START: December 19, 2007 WORK END: December 30, 2007 WRIA: Waterbody: Tributary to: 16.0230 11-illiwaup Creek Hood Canal 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: NE 1/4 19 23 N 03 W N 47.47002 W 123.1251 Mason Location#1 Driving Directions Take Hwy 101 north towards Hoodsport and continue until Lilligaup,turn left on Lilliwaup Rd,go past the"end of county road"sign,turn right and go through gate on tall wooden fence and across the bridge. 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 2 of 4 1 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021(8)-Appeal Pursuant to Chapter 34.05 Montesano,WA 98563 WILDLIFE RCW 77.55.181 -Appeal to Hydraulic Appeals Board (360)249-4628 Issue Date: December 19,2007 Control Number: 111591-1 Project Expiration Date: December 30,2007 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 3 of 4 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021(8)-Appeal Pursuant to Chapter 34.05 Montesano,WA 98563 WILDLIFE RCW 77.55.181 -Appeal to Hydraulic Appeals Board (360)249-4628 Issue Date: December 19,2007 Control Number: 111591-1 Project Expiration Date: December 30,2007 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 Makoviney (31) P2 Habitat Biologist 61 0�� WD Fwctor Gloria Rogers 360-249-4628 CC: Page 4 of 4 1 �