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Home My WebLink AboutHPA-Marina Replace Piling, Floats and Fuel Lines - BLD Permit / Conditions - 9/6/2007 it 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: September 06, 2007 Control Number: 109470-1 Project Expiration Date: February 14, 2009 FPA/Public Notice#: N/A PERMITTEE AUTHORIZED AGENT OR CONTRACTOR North Forty Lodging LLC ATTENTION: Brian McGinnis Wendell Stroud 5101 East Highway 106 1208 East D Street Union, WA 98592 Tacoma, WA 98421 425-369-9290 Project Name: Union Marina Upgrades Project Description: Remove and replace piling, floats and fuel lines and add an effluent line at marina. This includes 23-10 inch steel pile. 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 plans and specifications approved by the Washington Department of Fish and Wildlife entitled Proposed Float Plan and dated May 24, 2007, except as modified by this Hydraulic Project Approval. A copy of these plans shall be available on site during construction. 3. The 23 existing pilings shall be removed and disposed of upland such that they do not enter waters of the state. 4. As specified in the application, the 23 new piling shall be steel. 5. All piling, lumber, and other materials treated with preservatives shall be sufficiently cured to minimize leaching into the water or bed. 6. 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. 7. Beach area depressions created during project activities shall be reshaped to preproject beach level upon project completion. 8. 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). 9. Removal or destruction of overhanging bankline vegetation shall be limited to that necessary for the construction of the project. Page 1 of 5 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: September 06, 2007 Control Number: 109470-1 Project Expiration Date: February 14, 2009 FPA/Public Notice#: N/A 10. 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. 11. 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. 12. Project activities shall be conducted to minimize siltation of the beach area and bed. 13. 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 Military Department's Emergency Management Division at 1-800-258- 5990, and to the Area Habitat Biologist listed below. 14. 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. 15. No petroleum products or other deleterious materials shall enter surface waters. 16. 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. 17. Project activities shall not degrade water quality to the detriment of fish life. 18. The following sound attenuation methods shall be required for the driving or proofing steel piles with an impact hammer below the ordinary high water line: a. For steel piles, 10 inches in diameter or less, a 6 inch thick wood block shall be installed between the piling and the impact hammer during pile driving operations or a bubble curtain shall be installed around the pile during pile driving operations. b. For steel piles greater than 10 inches in diameter, a bubble curtain shall be installed around the pile during pile driving operations. 19. Eelgrass and kelp shall not be adversely impacted due to any project activities (e.g., barge shall not ground, anchors or spuds shall not be deployed, equipment shall not operate, and other project activities shall not occur in eelgrass and kelp). 20. The existing structures to be replaced shall be removed and disposed of at an approved site, unless relocation within waters of the state is authorized under a separate HPA. 21. Structures built of treated wood shall incorporate features, such as steel, plastic or rubber collars, fendering or other systems to prevent or minimize the abrasion of the treated wood by Page 2 of 5 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: September 06, 2007 Control Number: 109470-1 Project Expiration Date: February 14,2009 FPA/Public Notice#: N/A floats, ramps or vessels. PROJECT LOCATIONS Location #1 Union Marina Upgrades WORK START: September 07, 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 �32 122 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. 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. Page 3 of 5 *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: September 06, 2007 Control Number: 109470-1 Project Expiration Date: February 14, 2009 FPA/Public Notice#: N/A 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 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. Page 4 of 5 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: September 06, 2007 Control Number: 109470-1 Project Expiration Date: February 14, 2009 FPA/Public Notice#: N/A ENFORCEMENT: Sergeant Jackson (29) P2 Habitat Biologist for Director Margie Schirato 360-427-2179 WDFW CC: Ryan Crater, Mason County DCD, Planning Division, P.O. Box 279, Shelton, WA 98584 Page 5 of 5