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Home My WebLink AboutHPA-Fuel Storage Tank - BLD Permit / Conditions - 4/20/2007 r Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021 -Appeal pursuant to Chapter 34.05 RCW Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:April 20, 2007 Control Number: 107949-1 Project Expiration Date: February 14, 2009 FPA/Public Notice#: N/A ?t3 i 3Z 132 - So- o( CC) PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Jimmy Chen Kimberly Schaumberg 5101 E. State Route 106 10112 Bay View Road Union, WA 98592 Vaughn, WA 98394 TO BE KEPT IN TFIL Project Name: Chen-Union Marina Fuel Dock 1- ILL Project Description: Install fuel storage tank with fuel lines to dock and sewage pump out tank with sewage lines to dock. PROVISIONS 1. 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. 2. Work shall be accomplished per application approved by the Washington Department of Fish and Wildlife and dated October 24, 2006, except as modified by this Hydraulic Project Approval. A copy of these plans shall be available on site during construction. 3. Support structures for aerial conduit crossings shall be located and armored to prevent scour or undermining. 4. Eelgrass and kelp shall not be adversely impacted due to any project activities (e.g., barge shall not ground, equipment shall not operate, and other project activities shall not occur in eelgrass and kelp). 5. Removal or destruction of overhanging bankline vegetation shall be limited to that necessary for the construction of the project. 6. Intertidal wetland vascular plants shall not be adversely impacted due to project activities (e.g., barge shall not ground, equipment shall not operate, and other activities shall not occur in intertidal wetland vascular plants). If such vegetation is adversely impacted, it shall be replaced using proven methodology. 7. All natural habitat features on the beach larger than 12 inches in diameter, including trees, stumps, logs, and large rocks, shall be retained on the beach following construction. These habitat features may be moved during construction if necessary. 8. Project activities shall be conducted to minimize siltation of the beach area and bed. Page 1 of 4 1 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021 -Appeal pursuant to Chapter 34.05 RCW Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date: April 20,2007 Control Number: 107949-1 Project Expiration Date: February 14,2009 FPA/Public Notice#: N/A 9. 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. 10. All debris or deleterious material resulting from construction shall be removed from the beach area and bed and prevented from entering waters of the state. 11. No petroleum products or other deleterious materials shall enter surface waters. 12. Wood treated with preservatives, trash, waste, or other deleterious materials shall not be burned below the ordinary high water line. Limited burning of untreated wood or similar material may be allowed at or above the mean higher high water line. 13. Project activities shall not degrade water quality to the detriment of fish life. PROJECT LOCATIONS Location #1 Union Marina Fuel/Sewage Tanks WORK START: July 15, 2007 IWORK END: February 14, 2009 WRIA: Waterbody: Tributary to: 14.9120 Wria 14 Marine Hood Canal 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: NW 1/4 32 22 N �03 W N 47.213 W 123.051 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(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. 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. Page 2 of 4 t Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021 -Appeal pursuant to Chapter 34.05 RCW Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:April 20, 2007 Control Number: 107949-1 Project Expiration Date: February 14, 2009 FPA/Public Notice#: N/A 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 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 Page 3 of 4 I Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021 -Appeal pursuant to Chapter 34.05 RCW Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date: April 20, 2007 Control Number: 107949-1 Project Expiration Date: February 14, 2009 FPA/Public Notice#: N/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 Jackson (29) P3 Habitat Biologist 171for Director Margie Schirato 360-427-2179 � WDFW CC: Kell McAboy, Mason County DCD, P.O. Box 279, Shelton, WA 98584 Page 4 of 4