Loading...
HomeMy WebLinkAboutHPA Stabilizing Eroding Bank - BLD Permit / Conditions - 6/11/2003r HYDRAULIC PROJECT APPROVAL State of Washington � o( RCW 77.55.100 - appeal pursuant to Chapter 34.05 RCW Department Fish and Wildlife FISH a»d Habitat Progrr am 600 Capitol Way North,MS 3155 WUIdHF Olympia,Washington 98501-1091 DATE OF ISSUE: June 5. 2003 TO BE KEPT IN TUENUMBER: ST-F4511-01 PARCEL FILE P)l6tc,F L ID 3L 7> 50 0 PERMITTEE AUTHORIZED AGENT OR CONTRACTOR John Dearinger Jesfield Construction N.E. 1671 Mission Creek Road ATTENTION: Frank T. Merrill © � C E ' V C Belfair, WA 98528 P.O. Box 1590 ff�7 G (360)275-5488 Allyn,WA 98524 1 ' 360 275-6684 2003 Fax: 360 275-3751 ING PROJECT DESCRIPTION FOR APPLICANT: Stabilize approximately 60 feet of eroding bank using quarry spalls, 3-4 man rock and large woody debris. Root wads with minimum 12 inch diameter at cut end to be anchored within riprap. Two rows of rooted willow trees spaced T to 4' on center will be planted in the voids between the rocks. WDFW Database Description: Bank Protection, 51 to 100 Feet,New, Permanent, Fixed, Fresh Water,On Bed,Natural, Earth, Rip Rap>12 inches in diameter. Bank Protection, 51 to 100 feet,New, Permanent,Fixed, Fresh Water,On Bed,Natural,Earth,Rip Rap<12 inches in diameter. Bank Protection, 51 to 100 feet,New,Permanent, Fixed, Fresh Water,On Bed,Natural, Wood, Raw Habitat,Riparian,New, Permanent,Fixed,Upland,Natural,Living Vegetation. PROJECT LOCATION: N.E. 1671 Mission Creek Road, Belfair, Mason County. LATN47.451900 LONG 122.86624° # WRIA WATER BODY TRIBUTARY TO 1/4 SEC. SEC. TOWNSHIP RANGE COUNTY 1 15.0495 Big Mission Creek Hood Canal 25 23 North 01 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. PROVISIONS 1. TIMING LIMITATIONS: The project may begin July 15,2003 and shall be completed by September 15,2003. 2. NOTIFICATION REQUIREMENT: The permittee or contractor shall notify the Area Habitat Biologist(AHB) listed below of the project start date. Notification shall be received by the AHB at least three working days prior to the start of construction activities. The notification shall include the permittee's name,project location, starting date for work, and the control number for this Hydraulic Project Approval. 3. NOTIFICATION REQUIREMENT: The permittee or contractor shall notify WDFW Enforcement Sergeant Jackson at(360)490-6019 at least three working days prior to the start of construction activities. Notification shall include the permittee's name, project location, starting date for work, and the control number for this Hydraulic Project Approval. Page 1 of 5 HYDRAULIC PROJECT APPROVAL State of Washington Departwnt of RCW 77.55.100- appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife FISH and Habitat Program 600 Capitol Way North,MS 3155 WOLN Olympia,Washington 98501-1091 DATE OF ISSUE: June 5. 2003 LOG NUMBER: ST-F451 1-01 4. Work shall be accomplished per plans and specifications entitled,Dearinger Stabilization,dated July 2,2002,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. 5. 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),operations shall cease and the Washington Department of Fish and Wildlife at(360) 895-4757 and Washington Department of Ecology at(360)407-7037 shall be contacted immediately. Work shall not resume until further approval is given by the Washington Department of Fish and Wildlife. BANK PROTECTION 6. Bank protection work shall be restricted to work necessary to protect the eroding bank. 7. Banks shall be resloped to a 2 foot horizontal to 1 foot vertical slope or less. 8. Bank sloping shall be accomplished in a manner that avoids release of overburden material into the water. Overburden material resulting from the project shall be deposited so it will not re-enter the water. ' 9. Geotextile cloth or filter blanket material shall be placed prior to placement of bank protection material. 10. The toe shall be installed to protect the integrity of bank protection material. 11. Placement of bank protection material waterward of the ordinary high water line shall be restricted to the minimum amount necessary to protect the toe of the bank or for installation of mitigation features approved by the Washington Department of Fish and Wildlife. 12. Bank protection 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. 13. Fish habitat components such as logs, stumps,and/or large boulders are required as part of the bank protection project to mitigate project impacts. These fish habitat components shall be installed to withstand 100-year peak flows. 14. Alteration or disturbance of the bank and bank vegetation shall be limited to that necessary to construct the project. Upon project completion,the banks, including riprap areas, shall be revegetated with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet(on center)and maintained as necessary for three years to ensure 80 percent survival. DIVERSION 15. A temporary bypass to divert flow around the work area shall be in place prior to initiation of other work in the wetted perimeter. Page 2 of 5 HYDRAULIC PROJECT APPROVAL State of Washington Deo( RCW 77.55.100-appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife partnwnf 1'fsgand Habitat Program 600 Capitol Way North,MS 3155 W&DUFE Olympia,Washington 98501-1091 DATE OF ISSUE: June 5. 2003 LOG NUMBER: ST-F4511-01 16. A sandbag revetment or similar device shall be installed to divert the entire flow around the work area. 17. A sandbag revetment or similar device shall be installed at the downstream end of the work area to prevent backwater from entering the work area. 18. Prior to releasing the water flow to the project area, all bank protection or armoring shall be completed. 19. Upon completion of the project, all material used in the temporary bypass shall be removed from the site and the site returned to preproject or improved conditions. 20. The permittee shall capture and safely move food fish, game fish, and other fish life from the job site. The permittee shall have fish capture and transportation equipment ready and on the job site. Captured fish shall be immediately and safely transferred to free-flowing water downstream of the project site. The permittee may request the Washington Department of Fish and Wildlife assist in capturing and safely moving fish life from the job site to free flowing water,and assistance may be granted if personnel are available. EQUIPMENT 21. Equipment used for this project may operate below the ordinary high water line, provided the drive mechanisms (wheels,tracks,tires,etc.)shall not enter or operate below the ordinary high water line. .22. 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 around the stream. Equipment shall be checked daily for leaks and any necessary repairs shall be completed prior to commencing work activities along the stream. WATER QUALITY 23. Every effort shall be taken during all phases of this project to ensure that sediment-laden water is not allowed to enter the stream. 24. Wastewater from project activities and water removed from within the work area shall be routed to an area landward of the ordinary high water line to allow removal of fine sediment and other contaminants prior to being discharged to the stream. 25. All waste material such as construction debris, silt,excess dirt or overburden resulting from this project shall be deposited above the limits of flood water in an approved upland disposal site. 26. If high flow conditions that may cause siltation are encountered during this project,work shall stop until the flow subsides. 27. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, fresh cement, sediments, sediment- laden water,chemicals,or any other toxic or deleterious materials are allowed to enter or leach into the stream. SEPA: MDNS by Mason County final on August 8,2002. APPLICATION ACCEPTED: May 9,2003 ENFORCEMENT OFFICER: Sgt. Jackson 029 [P2] Page 3 of 5 HYDRAULIC PROJECT APPROVAL State of Washington k o( RCW 77.55.100- appeal pursuant to Chapter 34.05 RCW Department Fish and Wildlife Fjsgand Habitat Progrr am 600 Capitol Way North,MS 3155 WOE'! Olympia,Washington 98501-1091 DATE OF ISSUE: June 5, 2003 LOG NUMBER: ST-F4511-01 Danette L.Guy (360) 895-4757 c , for Director Area Habitat Biologist -� ` WDFW cc: WRIA File,Olympia Amy Leitman,Marine Surveys&Assessments Rick Mraz,Mason County 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. Compliance with this HPA does not ensure compliance with the federal Endangered Species Act or any other local, state or federal laws. 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: A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: Page 4 of 5 HYDRAULIC PROJECT APPROVAL State of Washington Dever d RCW 77.55.100 - appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife Flsgand Habitat Program 600 Capitol Way North,MS 3155 ROLN Olympia,Washington 98501-1091 DATE OF ISSUE: June 5. 2003 LOG NUMBER: ST-F4511-01 (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 5 of 5