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Home My WebLink AboutBLD2008-00297 Hydrogeologic Assessment • 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 18,2007 Control Number: 109718-1 Project Expiration Date: February 14, 2009 FPA/Public Notice#: N/A PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Laura Southmayd 702 Adelma Beach Road Port Townsend,WA 98368 360-379-2089 Project Name: Replace Beach Access Stairs Project Description: Reconstruct wooden stairs to the beach on an —40 foot high shoreline bluff. PROVISIONS 1. Work below the ordinary high water line shall not occur from October 15 through December 31 and from January 1 through March 1 of any year for the protection of Pacific sand lance spawning beds. 2. NOTIFICATION REQUIREMENT: The Area Habitat Biologist (AHB) listed below shall receive written notification (FAX: 360.876.1894 or mail: 48 Devonshire Road, Montesano, WA 98563)from the person to whom this Hydraulic Project Approval (HPA) is issued (permittee) or the agent/contractor no less than 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 HPA. 3. Work shall be accomplished per plans and specifications approved by the Washington Department of Fish and Wildlife entitled "Beach Stairs Replacement Project Site Plan and Cross- section" and undated, except as modified by this Hydraulic Project Approval. A copy of these plans shall be available on site during construction. 4. All manmade debris on the beach shall be removed and disposed of upland such that it does not enter waters of the state. 5. The existing stairs or sections thereof to be replaced shall be removed and deposited upland such that it does not enter waters of the state. 6. The stairs shall be located no further waterward than six feet from the toe of the bank. 7. The four post (supports) on the beach shall be buried a minimum of 18 inches below the preproject natural beach grade. 8. All piling, lumber, and other materials treated with preservatives shall be sufficiently cured to minimize leaching into the water or bed. Page 1 of 5 • Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road 'A FISH and RCW 77.55.021-Appeal pursuant to Chapter 34.05 RCW Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date: September 18,2007 Control Number: 109718-1 Project Expiration Date: February 14,2009 FPA/Public Notice#: N/A 9. 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. 10. Project activities shall not occur when the project area is inundated by tidal waters. 11. Use of equipment on the beach shall be limited to the use of hand held tools only. Bed material, other than material excavated for the four posts, shall not be utilized for project construction or fills. 13. Construction materials shall not be stockpiled on the beach. 14. All depressions or holes created in the beach area shall be backfilled prior to inundation by tidal waters. MARINE HABITAT: 15. Removal or destruction of overhanging bankline vegetation shall be limited to that necessary for the construction of the project. 16. 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. 17. 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. WATER QUALITY: 18. Project activities shall be conducted to minimize siltation of the beach area and bed. 19. 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. 20. 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. JR CER' JUL 0 1 2008 Page 2 of 5 MINTY in • • 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 ei,•• WILDLIFE (360)249-4628 Issue Date:September 18,2007 Control Number: 109718-1 Project Expiration Date: February 14, 2009 FPA/Public Notice#: N/A 21. No petroleum products or other deleterious materials shall enter surface waters. 22. 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. 23. Project activities shall not degrade water quality to the detriment of fish life. PROJECT LOCATIONS Location #1 Discovery Bay WORK START: September 21, 2007 (WORK END: February 14, 2009 WRIA: Waterbody: Tributary to: 17.9060 Wria 17 Marine Straits 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: NE 1/4 05 29 N 01 W N 48.0414 W 122.8256 Jefferson Location#1 Driving Directions From Hwy 20 turn west onto S. Discovery Road. Turn left from S.Discovery Road onto Adelma Beach Road. The address is 704 Adelma Beach Road, Port Townsend. 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 Pc- :'al is issued and operator(s) performing the work may be held liable for any loss or damage to fish life or fish !;.-1. ',t 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 suk oct 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 Page 3 of 5 • • Washington HYDRAULIC PROJECT APPROVAL Coastal y Department of 48 Devonshire Road Y,1t FISH and RCW 77.55.021-Appeal pursuant to Chapter 34.05 RCW Montesano,WA 98563 Vol WILDLIFE (360)249-4628 Issue Date: September 18,2007 Control Number: 109718-1 Project Expiration Date: February 14, 2009 FPA/Public Notice#: N/A 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;shah be picinly-labeledas'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 irri9atiop, stock watering or bank stabilization only), 77.55.141,77.55.181,or 77.55.241: A person who is aggrieved or adverse affected by the denial or issuance of a Hydraulic Project Approval,or the conditions or provisions made part of a li Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to ' 1 the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office,4224 Sixth Avenue SE, BtJ ig Two- Rowe Six, Lacey,Washington 98504;telephone 360/459-6327. (/ ,12048 D. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO CHAPTER 43.21 L ROW:. A pperson who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the cond'itiolis Qy/ ni n provisions made part of a Hydraulic Project Approval may request a formal appeal. The FORMAL APPEAL shall be in",/ /1 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, Page 4 of 5 Washington • HYDRAJLi - ;OJECT APPROVt Coastal Department of 48 Devonshire Road FISH and RCW 77.5:.721 -, ursuant to Chapter 34.05 RCW Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date: September 18,2007 Control Number: 109718-1 Project Expiration Date: February 14, 200 FPA/Public Notice#: N/A Lacey,Washington 98504;telephone 360/ 59-c E. FAILURE TO APPEAL WITHIN THE R:E?.!: -IME PERIODS results in forfeiture of all appeal rights. If there is no timely request for an appeal,the department : _;I shall be final and unappealable. ENFORCEMENT: Sergeant Henry (28) Habitat Biologist Randi Thurston 36C1 n5 r 3 r. . �"ta for Director = r WDFW CC:Jefferson County Dept. of Co, _avelopment 1 2088 FQ(1lN ,t'fl ; T. Page 5 of 5