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HomeMy WebLinkAboutHPA Culvert and Mindy Creek Relocation Multiple TPN - COM Application - 1/5/2016 1 Washington Department of Fish&Wildlife HYDRAULIC PROJECT APPROVAL PO Box43234 x �bqftHof Olympia,WA 98504-3234 F7SHo.a RILDLUE (360)902-2200 Issued Date: January 05, 2016 Permit Number: 2016-6-4+01 Project End Date: December 31, 2020 FPA/Public Notice Number: N/A Application ID: 5614 PERMITTEE AUTHORIZED AGENT OR CONTRACTOR MJ Scott Enterprises LLC ESA Inc. ATTENTION: Judy Scott ATTENTION: Pat McCullough NE 131 McKnight Road 210 NE Cherokee Beach Rd Belfair, WA 98528 Belfair, WA 98528 Project Name: Belscott Development/Mindy Creek Project Description: The project will redevelop 2.75 acres including removing 104 feet of 36"CMP culvert; moving 213 feet of the existing Mindy Creek into 314 feet of restored stream channel; and restoration of 30,000 SF of wetland buffer. PROVISIONS TIMING-PLANS- INVASIVE SPECIES CONTROL 1. TIMING LIMITATION: If the work area is dry,work may be done at anytime. Diverting from the old channel into the new channel may be done at anytime as long as BMPs are followed to prevent loss of fish life at the time of the channel change. Any other work below the ordinary high water line must only occur between August 1 and August 31 of any calendar year. 2.APPROVED PLANS: You must accomplish the work per plans and specifications submitted with the application and approved by the Washington Department of Fish and Wildlife, entitled "BELSCOTT DEVELOPMENT MINDY CREEK RESTORATION 60% DESIGN UPDATED"and "BELSCOTT DEVELOPMENT WSDOT STORM DRAIN RELOCATION 60% DESIGN UPDATED", both received on 12/21/2015; except as modified by this Hydraulic Project Approval.You must have a copy of these plans available on site during all phases of the project proposal. 3. INVASIVE SPECIES CONTROL: Thoroughly clean all equipment and gear before arriving and leaving the job site to prevent the transport and introduction of aquatic invasive species. Properly dispose of any water and chemicals used to clean gear and equipment.You can find additional information in the Washington Department of Fish and Wildlife's Invasive Species Management Protocols(November 2012), available online at http://wdfw.wa.gov/publications/01490/wdfw01490.pdf. NOTIFICATION REQUIREMENTS 4. PRE-AND POST-CONSTRUCTION NOTIFICATION:You, your agent, or contractor must contact the Washington Department of Fish and Wildlife by e-mail at HPAapplications@dfw.wa.gov; mail to Post Office Box 43234, Olympia, Washington 98504-3234; or fax to(360)902-2946 at least three business days before starting work, and again within seven days after completing the work.The notification must include the permittee's name, project location, starting date for work or date the work was completed, and the permit number. The Washington Department of Fish and Wildlife may conduct inspections during and after construction; however, the Washington Department of Fish and Wildlife will notify you or your agent before conducting the inspection. 5. FISH KILL/WATER QUALITY PROBLEM NOTIFICATION: If a fish kill occurs or fish are observed in distress at the job site, immediately stop all activities causing harm. Immediately notify the Washington Department of Fish and Wildlife of the problem. If the likely cause of the fish kill or fish distress is related to water quality, also notify the Washington Military Department Emergency Management Division at 1-800-258-5990.Activities related to the fish kill Page 1 of 7 Washington Department of Fish&Wildlife HYDRAULIC PROJECT APPROVAL PO Box43234 x Np. Hof Olympia,WA 98504-3234 FISH d 97LDLIFE (360)902-2200 Issued Date: January 05, 2016 Permit Number: 2016-6-4+01 Project End Date: December 31, 2020 FPA/Public Notice Number: N/A Application ID: 5614 or fish distress must not resume until the Washington Department of Fish and Wildlife gives approval. The Washington Department of Fish and Wildlife may require additional measures to mitigate impacts. STAGING, JOB SITE ACCESS, AND EQUIPMENT 6. Establish staging areas (used for equipment storage, vehicle storage,fueling, servicing, and hazardous material storage) in a location and manner that will prevent contaminants such as petroleum products, hydraulic fluid, fresh concrete, sediments, sediment-laden water, chemicals, or any other toxic or harmful materials from entering waters of the state. 7. Use existing roadways or travel paths. 8. Equipment used for this project may operate waterward of the ordinary high water line, provided the drive mechanisms (wheels,tracks, tires, etc.)do not enter or operate waterward of the ordinary high water line. 9. If wet or muddy conditions exist, in or near a riparian zone or wetland area, use equipment that reduces ground pressure. 10. Check equipment daily for leaks and complete any required repairs in an upland location before using the equipment in or near the water. 11. Use environmentally acceptable lubricants composed of biodegradable base oils such as vegetable oils, synthetic esters, and polyalkylene glycols in equipment operated in or near the water. CONSTRUCTION-RELATED SEDIMENT, EROSION AND POLLUTION CONTAINMENT 12. Work in the dry watercourse (when no natural flow is occurring in the channel, or when flow is diverted around the job site). 13. Straw used for erosion and sediment control, must be certified free of noxious weeds and their seeds. 14. Protect all disturbed areas from erosion. Maintain erosion and sediment control until all work and cleanup of the job site is complete. 15. Stop all hydraulic project activities except those needed to control erosion and siltation, if flow conditions arise that will result in erosion or siltation of waters of the state. 16. Prevent project contaminants, such as petroleum products, hydraulic fluid,fresh concrete, sediments, sediment- laden water, chemicals, or any other toxic or harmful materials, from entering or leaching into waters of the state. 17. Route construction water(wastewater)from the project to an upland area above the limits of anticipated floodwater. Remove fine sediment and other contaminants before discharging the construction water to waters of the state. 18. Use tarps or other methods to prevent treated wood, sawdust, trimmings, drill shavings and other debris from contacting the bed or waters of the state. 19. Deposit waste material from the project, such as construction debris, silt, excess dirt, or overburden, in an upland area above the limits of anticipated floodwater unless the material is approved by the Washington Department of Fish and Wildlife for reuse in the project. 20. Deposit all trash from the project at an appropriate upland disposal location. UTILITY CROSSING 21. Align the conduit as perpendicular as possible to the watercourse. CULVERT 22. Install and maintain the culvert to ensure unimpeded fish passage. 23. Establish the culvert invert elevation with reference point(s)or benchmark(s)created before to starting work on this project. Clearly mark and preserve the reference point(s)for post-project compliance. Before backfilling, confirm the invert elevation, as stated on the plans, relative to the reference points with at least a construction-grade leveling Page 2 of 7 Washington Department of Fish&Wildlife HYDRAULIC PROJECT APPROVAL PO Box43234 µof Olympia,WA 98504-3234 KSHadWILDWF (360)902-2200 Issued Date: January 05, 2016 Permit Number: 2016-6-4+01 Project End Date: December 31, 2020 FPA/Public Notice Number: N/A Application ID: 5614 device(such as an optical auto-level or laser level). 24. The authorized culvert is a bottomless box culvert design design. 25. Embed the top of footings of bottomless culverts sufficiently below potential scour depth to prevent exposure of the footing surface and undermining. 26. The streambed must include a sinuous low-flow channel expected under common conditions in the reach and a high-flow bench on both sides of the culvert. 27. Protect structural fill associated with the culvert installation from erosion to the 100-year peak flow. 28.Approach material must be structurally stable and composed of material that if eroded into the water will not harm fish life. 29. The owner(s) must maintain the culvert to ensure it provides continued, unimpeded fish passage. If the culvert becomes a hindrance to fish passage, the owner must obtain an Hydraulic Project Approval and provide prompt repair. DEMOBILIZATION AND CLEANUP 30. Completely remove any temporary fill before the end of the in-water timing window if the fill material could erode and deliver sediment-laden water into waters of the state. 31. To prevent fish from stranding, backfill trenches, depressions, and holes in the bed that may entrain fish during high water. 32. To minimize sediment delivery to the stream or stream channel, do not return in-stream flows to the work area until all in-channel work is completed and the bed and banks are stabilized. 33. Stabilize the bed with clean material sized to match undisturbed sediments. 34. Seed areas disturbed by construction activities with a native seed mix suitable for the site that has at least one quick-establishing plant species. 35. Replace native riparian zone and aquatic vegetation, and wetland vascular plants (except noxious weeds)damaged or destroyed by construction using a proven methodology. 36. Replant the job site with the plant species composition and planting densities approved by the Washington Department of Fish and Wildlife. 37. Complete replanting of riparian vegetation during the first dormant season (late fall through late winter)after project completion per the approved plan. Maintain plantings for at least three years to ensure at least eighty percent of the plantings survive. Failure to achieve the eighty percent survival in year three will require you to submit a plan with follow-up measures to achieve requirements or reasons to modify requirements. 38. Install fencing or other structures to prevent livestock, wildlife, or unauthorized persons from accessing the replanted riparian and wetland sites until the plantings are well established. 39. Upon completion of the project, remove all materials or equipment from the site and dispose of all excess spoils and waste materials in an upland area above the limits of anticipated floodwater. 40. Return water flow slowly to the in-water work area to prevent the downstream release of sediment laden water. If necessary, install silt fencing above the bypass outlet to capture sediment during re-watering of the channel. 41. Remove temporary erosion and sediment control methods after job site is stabilized or within three months of project completion, whichever is sooner. CHANNEL RELOCATION AND REALIGNMENT 42. During construction, isolate the new channel from the flowing watercourse. 43. Before water is diverted into a permanent new channel(s), install approved habitat components and bed and bank protection materials to prevent erosion as shown in the approved plan. Page 3 of 7 Washington Department of Fish&Wildlife HYDRAULIC PROJECT APPROVAL PO Box 43234 x � .r Olympia,WA98504-3234 HSH d HILDWE (360)902-2200 Issued Date: January 05, 2016 Permit Number: 2016-6-4+01 Project End Date: December 31, 2020 FPA/Public Notice Number: N/A Application ID: 5614 44. Use fir, cedar, or other coniferous species to construct log or rootwad fish habitat structure(s). 45. Place the fish habitat structures in the low flow channel. 46. Place spoils from the new channel in an upland area above the limits of anticipated floodwater. Use this material to fill in the old channel once the stream is diverted into the new channel. 47. The angle of the structure used to divert the water into the new channel(s)must allow a smooth transition of water flow. 48. Diverting the flow into the new channel: a. First remove the downstream plug. b. Face the stream side of the plug with a sandbag or similar device. c. Partially remove the upstream plug to allow 1/3 to 112 of the flow into the new channel for a minimum of 10 hours. Do not allow the old channel to dewater. d. Remove the remainder of the upstream plug if the new channel has flow throughout the entire length. e. Close the upstream end of the old channel and securely armor the entrance of the old channel to prevent re-entry of any flow.Armor material must consist of clean, angular rock installed to withstand the ADD TEXT HERE—year peak flow. 49. Fill the old channel beginning from the upstream closure. Compact the fill material. Water discharging from the fill must not adversely affect fish life. LOCATION #1: Site Name: Mindy Creek 23541 NE SR 3, Belfair,WA WORK START: January 5, 2016 WORK END: December 31, 2020 WRIA Waterbody: Tributary to: 15- Kitsap Unknown Stream Number Unknown 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: SE 1/4 29 23 N 01 W 47.448599 -122.829193 Mason Location#1 Driving Directions 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. 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. Page 4 of 7 -r Washington Department of Fish&Wildlife HYDRAULIC PROJECT APPROVAL PO Box 43234 Wd Olympia,WA 98504-3234 HE a t91LUN (360)902-2200 Issued Date: January 05, 2016 Permit Number: 2016-6-4+01 Project End Date: December 31, 2020 FPA/Public Notice Number: N/A Application ID: 5614 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 under RCW 77.55.021 are subject to additional restrictions, conditions, or revocation if the Department of Fish and Wildlife determines that changed conditions require such action.The person(s) to whom this Hydraulic Project Approval is issued has the right to appeal those decisions. Procedures for filing appeals are listed below. MINOR MODIFICATIONS TO THIS HPA:You may request approval of minor modifications to the required work timing or to the plans and specifications approved in this HPA. Any approved minor modification will require issuance of a letter documenting the approval.A minor modification to the required work timing means any change to the work start or end dates of the current work season to enable project or work phase completion. Minor modifications will be approved only if spawning or incubating fish are not present within the vicinity of the project. You may request subsequent minor modifications to the required work timing. A minor modification of the plans and specifications means any changes in the materials, characteristics or construction of your project that does not alter the project's impact to fish life or habitat and does not require a change in the provisions of the HPA to mitigate the impacts of the modification. Minor modifications do not require you to pay additional application fees or be issued a new HPA. If you originally applied for your HPA through the online Aquatic Protection Permitting System (APPS), you may request a minor modification through APPS. A link to APPS is at http://wdfw.wa.gov/licensing/hpa/. If you did not use APPS you must submit a written request that clearly indicates you are seeking a minor modification to an existing HPA. Written requests must include the name of the applicant,the name of the authorized agent if one is acting for the applicant, the APP ID number of the HPA,the date issued,the permitting biologist,the requested changes to the HPA, the reason for the requested change,the date of the request, and the requestor's signature. Send by mail to: Washington Department of Fish and Wildlife, PO Box 43234, Olympia,Washington 98504-3234, or by email to HPAapplications@dfw.wa.gov. Do not include payment with your request. You should allow up to 45 days for the department to process your request. MAJOR MODIFICATIONS TO THIS HPA:You may request approval of major modifications to any aspect of your HPA. Any approved change other than a minor modification to your HPA will require issuance of a new HPA. If you paid an application fee for your original HPA you must pay an additional $150 for the major modification. If you did not pay an application fee for the original HPA, no fee is required for a change to it. If you originally applied for your HPA through the online Aquatic Protection Permitting System (APPS), you may request a major modification through APPS. A link to APPS is at http://wdfw.wa.gov/licensing/hpa/. If you did not use APPS you must submit a written request that clearly indicates you are requesting a major modification to an existing HPA. Written requests must include the name of the applicant, the name of the authorized agent if one is acting for the applicant, the APP ID number of the HPA,the date issued,the permitting biologist,the requested changes to the HPA,the reason for the requested change, the date of the request, payment if the original application was subject to an application fee, and the requestor's signature. Send your written request and payment, if applicable, by mail to: Washington Department of Fish and Wildlife, PO Box 43234, Olympia,Washington 98504-3234. You may email your request for a major modification to HPAapplications@dfw.wa.gov, but must send a check or money order for payment by surface mail. You should allow up to 45 days for the department to process your request. Page 5of7 Washington Department of Fish&Wildlife HYDRAULIC PROJECT APPROVAL PO Box43234 H.hv�. Olympia,WA 98504-3234 KSH.e{i7LDLR (360)902-2200 Issued Date: January 05, 2016 Permit Number: 2016-6-4+01 Project End Date: December 31, 2020 FPA/Public Notice Number: N/A Application ID: 5614 APPEALS INFORMATION If you wish to appeal the issuance, denial, conditioning, or modification of a Hydraulic Project Approval (HPA), Washington Department of Fish and Wildlife (WDFW) recommends that you first contact the department employee who issued or denied the HPA to discuss your concerns. Such a discussion may resolve your concerns without the need for further appeal action. If you proceed with an appeal, you may request an informal or formal appeal. WDFW encourages you to take advantage of the informal appeal process before initiating a formal appeal. The informal appeal process includes a review by department management of the HPA or denial and often resolves issues faster and with less legal complexity than the formal appeal process. If the informal appeal process does not resolve your concerns, you may advance your appeal to the formal process. You may contact the HPA Appeals Coordinator at(360)902-2534 for more information. A. INFORMAL APPEALS: WAC 220-660-460 is the rule describing how to request an informal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete informal appeal procedures. The following information summarizes that rule. A person who is aggrieved by the issuance, denial, conditioning,or modification of an HPA may request an informal appeal of that action. You must send your request to WDFW by mail to the HPA Appeals Coordinator, Department of Fish and Wildlife, Habitat Program, 600 Capitol Way North, Olympia, Washington 98501-1091; e-mail to HPAappli cation s@dfw.wa.gov; fax to (360)902-2946; or hand-delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. WDFW must receive your request within 30 days from the date you receive notice of the decision. If you agree, and you applied for the HPA, resolution of the appeal may be facilitated through an informal conference with the WDFW employee responsible for the decision and a supervisor. If a resolution is not reached through the informal conference, or you are not the person who applied for the HPA,the HPA Appeals Coordinator or designee will conduct an informal hearing and recommend a decision to the Director or designee. If you are not satisfied with the results of the informal appeal, you may file a request for a formal appeal. B. FORMAL APPEALS: WAC 220-660-470 is the rule describing how to request a formal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete formal appeal procedures. The following information summarizes that rule. A person who is aggrieved by the issuance, denial, conditioning,or modification of an HPA may request a formal appeal of that action. You must send your request for a formal appeal to the clerk of the Pollution Control Hearings Boards and serve a copy on WDFW within 30 days from the date you receive notice of the decision. You may serve WDFW by mail to the HPA Appeals Coordinator, Department of Fish and Wildlife, Habitat Program, 600 Capitol Way North, Olympia, Washington 98501-1091; e-mail to HPAapplications@dfw.wa.gov; fax to (360)902-2946; or hand-delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, you may request a formal appeal within 30 days from the date you receive the Director's or designee's written decision in response to the informal appeal. C. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS: If there is no timely request for an appeal, the WDFW action shall be final and unappealable. Page 6 of 7 Washington Department of Fish&Wildlife HYDRAULIC PROJECT APPROVAL PO Box43234 94h,W.rDq of Olympia,WA 98504-3234 FISH-e R7LUR (360)902-2200 Issued Date: January 05, 2016 Permit Number: 2016-6-4+01 Project End Date: December 31, 2020 FPA/Public Notice Number: N/A Application ID: 5614 Habitat Biologist joshua.benton@dfw.wa.gov for Director Joshua Benton 360-602-0364 ✓1 WDFW Page 7 of 7 WA7ERSHED HIDROLOGY - AND S7RE4MHYDRAUL/CS FOR THE NORTH RAND Y CREEK WA 7ERSHED DRA/NAGEAREA=94ACRES Y < ' ANNUAL RAINFALL=60INCHES 2 Yb4R RAINFALL EVENT=3.7INCHES _ ©-- MANN/LAGS N FOR STREAM=0.3O FISHFLOW=2.4 CPS,FLOWDEPTH=fO'VELOCITY=0.34FPS / ® 2Y64RFLOW=8CFS,DEP7H=23.5' VELOCITY=0.5FPS t f00 YEAR FLOW=24 CFS,DEPTH=34', VELOCITY=0.9 FPS �V CONSTRUCT TWO POOL AREAS IN 7HE v NEW STREAM CHANNEL.INSTALL 7 GROUPINGS OFLARGEWOODYDEBRIS HABITAT.REPLANT 7HEFLOOD PLAIN TO PROVIDE SHADEALONG THE I STREAM.INSTALL RANDOM 3 MAN BOULDERS TO INCREASE THE STREAM A p COMPLEXITY. F - o M/NDYCREEKRES70R477ONPLAN PN STA -2+B LE-f'* E70SnNG GROUND N ELEV-28,J1 14'WIDE BOX GULVEPT. 14 ' 12"SPAWNING 4o GRAVEL 301-- -- 12' OPEN OD p . C4 �em•I �m r� O HH �� MN M_N r'IN �r �N �"1N •'!N nN n �N 0,00 0+50 ++50 2+00 2+50 3+-0o BOTTOMLESSBOXCULVERT MINDYCREEKRESTOR4T/ONPROF/LE AT WSDOTACCESS ROAD CROSSING SCALE.'f'*X' CL 12' WSDOT SCALE:1"O' 7' MIN & ACCESS RD. . 38.00 1 VAR VAR 4' VARIES 7' 1 15' & VARIES 12' 36.00 34,00 32.00 1 _ 30.00 too0 25.00 M 1 ARI S 26.00 JUDYSCOTTPROPERTIES 24.00 _ _ REDEVELOPMENT 0,00 MIND Y CREEK RESTOR.4T/ON 60.00 TYPICAL STREAM CROSS SECT/ON PLAN,PROF/LEAND SECTIONS SCALE,1"=10' 'U 4 fm . �� Via►--���1►, I. "A .���� "; _, REDEVELOPMENT LAYOUT