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Home My WebLink AboutHPA-Pier, Ramp, Float - BLD Permit / Conditions - 6/16/2004f ILA HYDRAULIC PROJECT APPROVAL State of Washington Rh,hu d RCW 77.55.100-appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife )Pliaad Habitat Program 600 Capitol Way North,MS 3155 Olympia,Washington 98501-1091 DATE OF ISSUE: June 16 2004 -` 3 6 E K E PT I N T. .�G NUMBER: ST-F7646-04 PARCEL FILE At the request of,Amy Leitman, on June 16, 2004,this Hydraulic Project Approval(HPA),which now supersedes all previous HPAs for this project,is a change of the original HPA issued December 23,2004,and last modified on March 18,2004. PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Edwina Bent&Gorden Kauhanen Amy Leitman 24 Caribou Court 521 Snagstead Way Monterey,CA 93940 Port Townsend,WA 98368 (831) 372-0211 (360)385-4073 R E C E ' " Fax: 360 385-1724 �✓ �/ �/ PROJECT DESCRIPTION: Permanent,manmade,marine pier ramp and float J U N 1;7 2004 MCCD - PLANNING PROJECT LOCATION: 11170 E. State Route 106,Union,Lat.N.47.37007,Long. W. 122.993 # WRIA WATER BODY TRIBUTARY TO 1/4 SEC. SEC. TOWNSHIP RANGE COUNTY 1 14.9130 Hood Canal Puget Sound 25 22 North 03 West Mason NOTE: This Hydraulic Project Approval pertains only to the provisions of the Washington State Fisheries and Wildlife Codes. It is the permittee's responsibility to apply for and obtain any additional authorization from other public agencies (local, state and/or federal)that may be necessary for this project. Compliance with this HPA does not ensure compliance with the federal Endangered Species Act or any other local, state or federal laws. PROVISIONS 1. TIMING LIMITATIONS: The project may begin Immediately and shall be completed by February 14,2005, provided: a. Work below the ordinary high water line shall not occur from February 15 through July 14 of any year for the protection of migrating juvenile salmonids. b. Work below the ordinary high water line shall not occur from September 15 through December 31 and from January 1 through March 1 of any year for the protection of surf smelt spawning beds. 2. Work shall be accomplished per application, dated June 10, 2003, and submitted to the Washington Department of Fish and Wildlife, except as modified by this Hydraulic Project Approval. These plans reflect design criteria per Chapter 220-110 WAC. These plans reflect mitigation procedures to significantly reduce or eliminate impacts to fish resources. A copy of these plans shall be available on site during construction. 3. All manmade debris on the beach shall be removed and disposed of upland such that it does not enter waters of the state. Page 1 of 4 HYDRAULIC PROJECT APPROVAL State of Washington ` d RCW 77.55.100- appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife Habitat Program FISHMd 600 Capitol Way North,MS 3155 WOUR Olympia,Washington 98501-1091 DATE OF ISSUE: June 16, 2004 LOG NUMBER: ST-F7646-04 4. The pier,ramp, and float centerline shall be re-established during the construction phase using the same methodology employed to establish the centerline during the vegetation survey to ensure protection of the eelgrass/herring spawning habitat. 5. The pier,ramp,and float structure shall not exceed 100 feet in total length. 6. The solid decked portions of the structure shall not exceed the following widths: the 50-foot long pier, 6 feet;the 40- foot long ramp,4 feet; and the 16-foot long rectangular shaped float, 8 feet. 7. The 16 foot by 8 foot rectangular shaped float shall contain 2 foot wide grating that passes a minimum of 60% percent sunlight, approved by WDFW. Floatation shall be located under the solid decked area only. The grated area shall not be used for storage purposes. 8. No portion of the dock or float system shall ground. A minimum space of 12 inches shall be maintained at all times between the bottom of the dock or float and the beach grade. 9. Floats,rafts, and associated anchoring systems shall have been designed and shall have been deployed so that the bed is not damaged. 10. Floatation for the structure shall be fully enclosed and contained to prevent the breakup or loss of the floatation material into the water. 11. The 9 existing creosote pilings shall be removed and disposed of upland such that they do not enter waters of the state. 12. As specified in the application,the 14 pilings may be ACZA treated pilings, Chemonite pilings treated at 1.5 pounds per cubic foot, steel, concrete or recycled plastic but shall not be creosote treated pilings. 13. Four of the 14 new piling will be installed independently to be used for extra moorage beyond the pier,ramp and float. 14. Sawdust, drillings, or trimmings.from treated wood shall be contained with tarps or other impervious materials and prevented from contacting the beach,bed, or waters of the state. 15. Treated piling or structures built of treated wood shall incorporate design features, such as steel,plastic, or rubber collars or fendering systems,to prevent or minimize the abrasion of the treated wood by floats,ramps, or vessels. 16. All piling, lumber, and other materials treated with preservatives shall be sufficiently cured to minimize leaching into the water or bed. 17. All treated wood piling and lumber to be used for the project shall meet or exceed the standards established in, "Best Management Practices For the Use of Treated Wood in Aquatic Environments" developed by the Western Wood Preservers Institute,revised July 1996. 18. The pier,ramp, float, and associated moorings shall have been designed and shall have been located to avoid shading of eelgr ass (Zostera spp). Page 2 of 4 HYDRAULIC PROJECT APPROVAL State of Washington d RCW 77.55.100- appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife Fjawd Habitat Program MIX 600 Capitol Way North,MS 3155 0 Olympia,Washington 98501-1091 DATE OF ISSUE: June 16 2004 LOG NUMBER: ST-177646-04 19. Beach area depressions created duringproject activities shall be reshaped P J to preprotect beach level upon protect completion. SEPA: MDNS by Mason County final on December 4, 2003. APPLICATION ACCEPTED: June 16,2004 ENFORCEMENT OFFICER: Jackson 198 [P2] Margaret Schirato (360)427-2179 -f�a� Sduuz for Director Area Habitat Biologist WDFW cc: Diane Marcus Jones, Mason County DCD 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. 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: Page 3 of 4 HYDRAULIC PROJECT APPROVAL State of Washington RCW 77.55.100 - appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife Habitat Program FISHOW 600 Capitol Way North,MS 3155 MUN Olympia,Washington 98501-1091 DATE OF ISSUE: June 16. 2004 LOG NUMBER: ST-F7646-04 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, Washington 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. 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 1' , ' HYDRAULIC PROJECT APPROVAL State of Washington RCW 77.55.100- appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife FISEad Habitat Program 600 Capitol Way North,MS 3155 {YII.DIN Olympia,Washington 98501-1091 DATE OF ISSUE: March 18, 2004 LOG NUMBER: ST-177646-03 At the request of,Amy Leitman,on March 17,2004,this Hydraulic Project Approval(HPA),which now supersedes all previous HPAs for this project,is a change of the original HPA issued December 23,2004. PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Edwina Bent&Gorden Kauhanen Amy Leitman � ' D 24 Caribou Court 521 Snagstead Way Monterey,CA 93940 Port Townsend,WA 98368 (831)372-0211 (360)385-4073 MAR 2 4 2004 Fax: 360 385-1724 ANNING PROJECT DESCRIPTION: Permanent,manmade,marine pier ramp and float �. PROJECT LOCATION: 11170 E. State Route 106,Union,Lat.N.47.37007,Long.W. 122.99379 # WRIA WATER BODY TRIBUTARY TO 1/4 SEC. SEC. TOWNSHIP RANGE COUNTY 1 14.9130 Hood Canal Puget Sound 25 22 North 03 West Mason NOTE: This Hydraulic Project Approval pertains only to the provisions of the Washington State Fisheries and Wildlife Codes. It is the permittee's responsibility to apply for and obtain any additional authorization from other public agencies (local, state and/or federal)that may be necessary for this project. Compliance with this HPA does not ensure compliance with the federal Endangered Species Act or any other local, state or federal laws. PROVISIONS 1. TIMING LIMITATIONS: The project may begin Immediately and shall be completed by February 14,2005, provided: a. Work below the ordinary high water line shall not occur from February 15 through July 14 of any year for the protection of migrating juvenile salmonids. b. Work below the ordinary high water line shall not occur from September 15 through December 31 and from January 1 through March 1 of any year for the protection of surf smelt spawning beds. 2. Work shall be accomplished per application, dated June 10,2003, and submitted to the Washington Department of Fish and Wildlife, except as modified by this Hydraulic Project Approval. These plans reflect design criteria per Chapter 220-110 WAC. These plans reflect mitigation procedures to significantly reduce or eliminate impacts to fish resources. A copy of these plans shall be available on site during construction. 3. All manmade debris on the beach shall be removed and disposed of upland such that it does not enter waters of the state. Page 1 of 4 HYDRAULIC PROJECT APPROVAL State of Washington• & 4�Y u oaf RCW 77.55.100-appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife FlsBa�i Habitat Program 600 Capitol Way North,MS 3155 1alm Olympia,Washington 98501-1091 DATE OF ISSUE: March 18, 2004 LOG NUMBER: ST-177646-03 4. The pier, ramp, and float centerline shall be re-established during the construction phase using the same methodology employed to establish the centerline during the vegetation survey to ensure protection of the eelgrass/herring spawning habitat. 5. The pier, ramp, and float structure shall not exceed 100 feet in total length. 6. The solid decked portions of the structure shall not exceed the following widths: the 50-foot long pier, 6 feet; the 40- foot long ramp,4 feet; and the 16-foot long rectangular shaped float, 8 feet. 7. The 16 foot by 8 foot rectangular shaped float shall contain 2 foot wide grating that passes a minimum of 60% percent sunlight, approved by W DFW. Floatation shall be located under the solid decked area only. The grated area shall not be used for storage purposes. 8. No portion of the dock or float system shall ground. A minimum space of 12 inches shall be maintained at all times between the bottom of the dock or float and the beach grade. 9. Floats,rafts,and associated anchoring systems shall have been designed and shall have been deployed so that the bed is not damaged. 10. Floatation for the structure shall be fully enclosed and contained to prevent the breakup or loss of the floatation material into the water. 11. The 9 existing creosote pilings shall be removed and disposed of upland such that they do not enter waters of the state. 12. As specified in the application, the 14 pilings may be ACZA treated pilings, Chemonite pilings treated at 1.5 pounds per cubic foot, steel,concrete or recycled plastic but shall not be creosote treated pilings. r 13. Three of the 14 new piling will be installed independently to be used for extra moorage beyond the pier,ramp and float. 14. Sawdust, drillings, or trimmings from treated wood shall be contained with tarps or other impervious materials and prevented from contacting the beach, bed, or waters of the state. 15. Treated piling or structures built of treated wood shall incorporate design features, such as steel,plastic, or rubber collars or fendering systems, to prevent or minimize the abrasion of the treated wood by floats,ramps, or vessels. 16. All piling, lumber, and other materials treated with preservatives shall be sufficiently cured to minimize leaching into the water or bed. 17. All treated wood piling and lumber to be used for the project shall meet or exceed the standards established in, "Best Management Practices For the Use of Treated Wood in Aquatic Environments" developed by the Western Wood Preservers Institute,revised July 1996. 18. The pier, ramp, float, and associated moorings shall have been designed and shall have been located to avoid shading of eelgrass (Zostera spp). Page 2 of 4 HYDRAULIC PROJECT APPROVAL State of Washington Urvo�a/ RCW 77.55.100- appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife FJaaa Habitat Program 600 Capitol Way North,MS 3155 Olympia,Washington 98501-1091 DATE OF ISSUE: March 18, 2004 LOG NUMBER: ST-177646-03 19. Beach area depressions created during project activities shall be reshaped to preproject beach level upon project completion. SEPA: MDNS by Mason County final on December 4, 2003. APPLICATION ACCEPTED: March 18, 2004 ENFORCEMENT OFFICER: Jackson 198 [P2] Margaret Schirato (360)427-2179 � rduz for Director Area Habitat Biologist WDFW cc: Diane Marcus Jones,Mason County DCD 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. 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: Page 3 of 4 HYDRAULIC PROJECT APPROVAL State of Washington ' laep moo( RCW 77.55.100-appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife Fl��oad Program Habitat 600 Capitol Way North MS 3155 WOW Olympia,Washington 98501-1091 DATE OF ISSUE: March 18, 2004 LOG NUMBER: ST-177646-03 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, Washington 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. 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