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HomeMy WebLinkAboutSDP2013-00051 - HYDROLOGICAL PROJECT t Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021(10),(12)-See appeal process at end of HPA Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date: December 12, 2008 Control Number: 115558-1 Project Expiration Date: February 11, 2009 FPA/Public Notice#: N/A PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Jefferson County Conservation District John Gusoskey ATTENTION: Al Latham Post Office Box 397 205 W Patison Street Quilcene, WA 98376 Port Hadlock, WA 98339 360-385-4105 Project Name: Unnamed Quilcene Bay Tributary Stream Dredging Project Description: Dredge stream channel, remove stream bed gravel and sand. PROVISIONS 1. TIMING LIMITATIONS: The project may begin December 12, 2008 and shall be completed by February 11, 2009. 2. There shall be no alteration or disturbance of the bank and bank vegetation. 3. NOTIFICATION REQUIREMENT: The Area Habitat Biologist (AHB) listed below shall receive written notification (FAX, mail or e-mail) 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. 4. Work shall be accomplished per plans and specifications approved by the Washington Department of Fish and Wildlife entitled Wampum Point Creek Project, and submitted to WDFW on October 28, 2008, except as modified by this Hydraulic Project Approval. 5. The above referenced plans and specifications shall be modified so that the channel excavation (dredging) does not extend directly toward the bay and through the beach berm, but the excavated stream channel shall turn to the north, be located directly in front of the rock bulkhead on the Gusoskey parcel and landward of the beach berm. 6. The stream bed excavation (dredging) shall not extend up stream of the two existing large stumps, one located on each side of the stream channel, and each with a live conifer tree growing out of it. The two large stumps shall not be removed or disturbed. 7. Dredged streambed materials shall be disposed of in upland locations so that they will not re- enter state waters. The dredged streambed materials shall not be placed in any location that is below the line of mean higher high water in marine areas or below the ordinary high water line in fresh waters. Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021(10),(12)-See appeal process at end of HPA Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date: December 12, 2008 Control Number: 115558-1 Project Expiration Date: February 11, 2009 FPA/Public Notice#: N/A 8. Dredging shall be conducted with a hydraulic shovel. The dredging of the stream channel shall only be accomplished when the channel is dry. 9. Upon completion of the dredging, the streambed shall contain no pits, potholes, or large depressions to avoid stranding of fish. 10. Dredging shall be limited to deepening of the streambed. Banks shall not be disturbed. As shown in the above referenced plans and specifications the streambed shall be deepened for no more than a maximum of two feet and a maximum of six feet in width. 11. 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. 12. Equipment used for this project shall be free of external petroleum-based products while 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. 13. Equipment crossings of the stream are not authorized by this HPA. 14. Erosion control methods shall be used to prevent silt-laden water from entering the stream. These may include, but are not limited to, straw bales, filter fabric, temporary sediment ponds, check dams of pea gravel-filled burlap bags or other material, and/or immediate mulching of exposed areas. 15. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. 16. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, sediments, sediment-laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the stream. PROJECT LOCATIONS Location #1 Gasoskey Unnamed Quilcene Dredging WORK START: December 13, 2008 WORK END: February 11, 2009 WRIA: Waterbody: Tributary to: 17.0011 Unnamed Quilcene Bay 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: SE 1/4 19 27 N 01 W N 47.81502 W 122.84944 Jefferson Location#1 Driving Directions 83 Wampum Point Road. Off of East Quilcene Bay Road. Project is located on an Unnamed Tributary to Quilcene Bat WRIA, 17.0121. Washington HYDRAULIC PROJECT APPROVAL Coastal 4 ,. Department of 48 Devonshire Road FISH and RCW 77.55.021(10),(12)-See appeal process at end of HPA Montesano,WA 98563 : WILDLIFE (360)249-4628 Issue Date: December 12, 2008 Control Number: 115558-1 Project Expiration Date: February 11, 2009 FPA/Public Notice#: N/A 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. 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. , Washington HYDRAULIC PROJECT APPROVAL Coastal .;,. `'x 41 Department of 48 Devonshire Road FISH and RCW 77.55.021(10),(12)-See appeal process at end of HPA Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date: December 12, 2008 Control Number: 115558-1 Project Expiration Date: February 11, 2009 FPA/Public Notice#: N/A 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. ENFORCEMENT: Sergeant Henry (28) P2 Habitat Biologist for Director Chris Byrnes 360-417-1426 '' WDFW CC: 2006 spit yew looking north :*:r4 • _ ••••,-.** s NV ' .iiIrt'Oft.""4-41: • 1`0441t 4111111k - 4 - - June 16, 2012 - same view ^1r " 4 i„ • ' _ -' : 4.1 9"1711".... • "*. * • _ . . DOUGLAS property 101 Wampum,Quilcene 1 -....- . ' . „ .. , 3, pi ,,,:,:,--4„*- i,,,'t,*,„. ',v•„?,, A,i ',,t '41 ' ...,- , , ',..*- ',.., i. ' !4".1. 41,' -T',i,.. ‘,, ,, , . 4',.,1, , t .4 41 ,,,,*4-, 11111 - 'It :,,,,, 0 ", , ,, ,., v4,,to 40104.80100.15isontiii.sivh,(47.,, , - - - — . .., - ..... ... , ' ....- . GUSOSkeY4 '' ... .. . :A.. a ,...„...totland by Der,,erriber- - - 2i1008 Dredging on c°ier(1:11rnpeuntrn"lifo91 'Ijr rife- nee- : ' .-- -_,---446"..., ,....,,,,-.„;,,,,_ enclosed ,. , ,_„... „„.,„ k10 usp in bacitg' round).11e,, ,__ __,,,,,,,, , __ ,,, ,__ _, .-.., . 12/2008 View of c ,. 4 _ ..„... _,,.... ... ,_. . ....„,, -- .it... ,,,,, .*** •=ror ' . . r ".' -- *-7" -fl.".•:, • ' • . ":"-,,..:44..- 911k=14• .40 :," ", .1.• A*1•Z*r .4 -...•r'',.__ '7:1'''''''t`='',,,lc,',;,:,'' 4 . '' ... . , * _,, ''''rrtr,„,„':it =,.. ',7'-'.''-7 ..',7', „.•0„"et.71.F4,:....,'7 =-',= '''- ' ''''''"Nrio ''„; 1 . r,. '." ' '' '''.;3:7 '''''-rt''' ..•-,-"- ' '.'';';'r'''''•.•;f,k. C:'r4''' rr''-r. —..' ''..":=7 .4,4' ', :"I'-' '5i.1!.*r:r '-'-'''''',-;:-/r,;'-- ,.... . : ",,:•,... - .., ..... . 2 DOUGLAS property 101 Wampum,Quilcene kl. *t0 July 21009 not too rr-cci dan-rage rASvy4 8�..n mu+.tl frta';•..e�i.k F�rra -.-i'�..Fi '. .r+newwTv - .,_..P .......-.wa ,..s+.n'ar...... ay 2313 ; a f DOUGLAS property 101 Wampum,Quilcene 3 9/21201 1- county shellfish beds now exposed. x Private beach front filling in. 2 ?fir 'n -' . r ,w° e N ,. .�' a q' ;^w p ti. A , .. .. �Va 3+ ,. ' y ww t°.r 1 � .. w DOUGLAS property 101 Wampum,Quilcene 5 .. ,..i.Ste. ,-..,--* 1,. ',' - ,.. ' r '', '''','I, . '4. *Ngit4'71.71_,:,:. ' ''.-4,2;. . ' .. . . „ka,..1, a. %tii 4 , tt" ,rte.= 2 3 a n — . ..,,,,-:•-, ''.. . -. ,,,N.:10 ' ..,* _ ,*. ,,-sa„• "mss.#4 1.-.a .-= view of dredge berm and washed away county beach. 4 ,_ 4 ` V "#.r ` x a ..r f x , d a s; .�.. . ,cC,£,t.ax,� ...kx i.:'4,-. .... ; , a. w;, .. II 4 DOUGLAS property 101 Wampum,Quilcene Tzo, 8/ice //; e - j)--/ -/-17 - r_e a /.70-utti- e.6€ qat- ip a_ 7rW-4 bea5 C 1 -Sy 8 II.'" x , .Y.a.0 m O ,- Q a d r H tf z � a +'` 3 4 ta. .Y V O r CD >. ++ C • 3 0 U v CO t X • co H N H 4,, L 3 _ N C 7 C C a° = H .E CO O O U 3 + �' �u H C o Q.,, -0 0 a co 0 0 2 s Douglas Wampum Point Quilcene The following photos document the changes to the spit and community property at Wampum Point. Spit was used to roll logs into bay.are Previously ibl pi now vise due to buried sand lings shifting. ua • y -'�� •s^� k� ,� v JUL 201z r : ARSON COUNT,' DC 4 a. Old Log Dump—Quilcene Bay—October 1970 oisv- Arial photo May 2006 •. * ; Air - rr 1 6/ /2O11 Douglas Wampum Point Quilcene July 2006—how spit used to look. •gip .fw rASme t Cy�'y:, ?+ " " afinr, y} $ t t .. } • July 2006—could easily walk to beach and use community property. x • } • } k 2 8/20/2011 III • Douglas Wampum Point Quilcene 1 , January 2009—view i from the spit to Gusosky's(looking east). '„" I t n. 4 • A-� i t t � ., a w �k Cv'e"J.rn� ,�'�. l $ .�.. g�'a. am F • t s ., ' s s y' ' -' ,' ' r - 4,-`` "r "ter.° ` s.' �. • _ January 2009—beach is difficult to access during winter and sometimes impossible. '� '' , ti " ,: -°` T: 3 8/20/2011 Douglas Wampum Point Quilcene January 2009—view from our yard looking west. ti p7. • August 2011—spit has shifted significantly. 4 8/20/2011 • Douglas Wampum Point Quilcene August 2011— community property is • _ t - now unusable uplands. • ., s*. August 2011—muddy ditch to jump over even during summer. _ • • 5 8/20/2011 Douglas Wampum Point Quilcene 1 , ".4' `7n , r ..• C,',,'?''.. .".,;,'N;;,;:'.i',*I''''''' ...,k,,,..,, ,,,, ..,..i-,,,.,:;..4. :. -,..:.6, A t 4, ...„.„,„..., :...._:.;7.,,,-..:,,47..,.. _. - ' - k.1-e y . . �3!'X -...,„'":+0:4;-,." ,_► t q4g`' ,4Vc•§ y .. bk 1 `C' ' - ',,a a.l 4 t +.�it.��S+ts .,t 4 . Ma .$N.�.ar I a 47- *it ._�,u. '$ 1441F-,, .-` Lq�e+ r� 4 may v,. s "' .:. R'bdr xmraM^NYr •C` r 1 . w. r. "- �.• s'•ti. ww`s wIV'. A 1 - d Ij r " :T _w . 1 arm - ap s� : : = 1%a.' + = },. ..a .♦r *. - • ..yam 6 8/27/2011 Douglas Wampum Point C(uilcene Email exchanges with other property owners. 6 You forwarded this message on 818/20118.29 PM. From: Larry Sherman<a rrnn dWccmcast.neta Sent: Sat 1/2412009 2:25 1 To: brTnec'bi dFn.na.gov Cc Kattieen Douglas; kathleenakmdouglas.com; Reimer 1.Douglas' Subject: Regarding Hardship HPA of Gusoskey and stream diversion in Quilcene Dear Mr Byrnes. I I would like to file a complaint I have a home at 183 Wampum Point Road Quilcene.WA This is a waterfront property and I have been working to improve it,recently completing a home on it There are a total of 5 lots on this section and the first lot lot A is owned by the Gusoskey's(John and Carol) I recently visited my home and found that a large trench had been dug from a small stream(see below a'type 3 stream)across the front of their property across the beach itself and ending about 30 feet onto their neighbors property to the North(owned by Reimer and Kathleen Douglas).I was surprised and shocked to learn that the Douglas were not aware of this canal which had been dug on their property I was also surprised to think that anyone could be permitted to so obviously divert a stream from its true course The stream in question quite clearly ran directly Westward along the South boundary of the Gusoskey's property to Quilcene Bay Now it runs across the property and the shoreline and onto the North side of the Gusoskey's lot and onto the neighbors property This appears to me to be inappropriate on several grounds his not necessary for me to enumerate them here,but if you would like I can provide my objections Could you please inform me as to the permit number and where I can access it online?Could you further explain to me why this was allowed as a hardship case and why the diversion of this stream has been allowed to occur?Can you also tell me what recourse I have to this action and to whom to respond? Thank you I Regards. Lawrence and Gail Sherman 183 Wampum Point Road.Quilcene.WA The following is excerpted from other communications to me regarding this matter This may help you to locate the file The Gusoskey's did get a SFR permit under MLA04-612 that was finaled in 2006. Mo-chi stated in her conditions that this is a Type 3 stream per DNR The following was sent to me by Colleen Zmolek Dear Dr Sherman. Michelle has requested that I respond to your email regarding the Gusoskey's project. Mr.Gusoskey was issued a Hardship Declaration and Hydraulic Project Approval (HPA)from Washington Department of Fish and Wildlife(WDFW) We have been in contact with Chns Byres from WDFW after receiving your email Chris issued the HPA and is aware of the situation He will be contacting and working with Mr Gusoskey if any portion of project is out of compliance with the approved HPA Mr Gusoskey is aware that he will be required to permit work done under the hardship and a silt trap that will installed this sprang The silt trap will prevent the stream channel from filling up in the future Colleen Zmo(ek Lawrence Sherman,MD Emergency Physician St.Francis Hospital Cell.206-276-6220 7 8/20/2011 Douglas Wampum Point Quilcene Kathleen and Reimer: This is the Marine Biologist who issues the JARPA permits(Margie Schirato:'schirmms @dfw.wa.gov').The email I sent is below.I sent this same message to Michelle Farfan who was our permit person at Jefferson County.(mfarfan @co.jefferson.wa.us).The more I think about this,the more I am in awe at the audacity of it all.Maybe it is all being done for the benefit of the fish,but I am starting to doubt the friendly intentions or civility of our neighbors to the south.This sure looks like a large excavation to me.Let us see what the state and county have to say.You might want to inquire yourselves so that they know that we are watching to see what happens.The stream has been diverted from their southern border to come out on the northern border of their lot and goes well into your tidal/beach area.Can't believe they can actually dig on your beach without getting your ok.Oh well,the saga goes on.I am beginning to wonder if they just sit up at night trying to figure out ways to irritate you guys.By the way,your lawn looks great.The grass is fantastic.If it continues to hold up Gail and I will be checking with you soon to see how to do it for our place. Larry From:Larry Sherman[mailto:shermld @comcast.net] Sent:Monday,January 19,2009 8:19 PM To:schirmms @dfw.wa.gov Subject:FW:Project at East Quilcene I am attaching several pictures of the excavation in this version.Thanks again for your time. From:Larry Sherman[mailto:shermld @comcast.net] Sent:Monday,January 19,2009 8:11 PM To:'schirmms @dfw.wa.gov' Subject:Project at East Quilcene Hello Ms.Schirato: I requested and received a permit to reinforce my rip rap wall at 183 Wampum Point Road in Quilcene about 6 months ago.Thank you for your help with this.The reason I am writing is that I became aware of a project 3 lots down from mine(I am at 183 Wampum Point Road,just off of Lindsay Hill Road and East Quilcene Road intersection.My lot is on the water and of course I realize this engenders special attention to the marine habitat.The project 3 lots down from mine involves at rather large excavation done with some heavy equipment in which a small stream(which I have been told is salmon spawning habitat)has been diverted from its natural course running more or less directly west into Quilcene bay at the sand spit there.An 8 or 10 foot wide ditch has been dug and now makes a right angle in front of the Gusoskey's house and runs across the front of their small rip rap wall into the bay behind the sandy projection of beach.The diversion is quite a big change and actually passes onto the property of the Gusoskey's neighbors to the north(Kathleen and Reimer Douglas).The Douglas's were not aware of this operation and I am surprised that a construction which diverts a stream onto adjoining property would be allowed without some notification of those involved.Can you inform me of whether this was permitted by your agency and why notification of those in near proximity who would be affected was not made?Thank you for looking into this matter.Protection of the marine habitat is important and I thank you for your efforts. Regards, Lawrence Sherman,MD Emergency Physician St.Francis Hospital Cell 206-276-6220 8 8/20/2011 Douglas Wampum Point Quilcene Kathleen and Reimer: This is the Marine Biologist who issues the JARPA permits(Margie Schirato:'schirmms @dfw.wa.gov').The email I sent is below.I sent this same message to Michelle Farfan who was our permit person at Jefferson County.(mfarfan @co.ir'. ;son.wa.us).The more I think about this,the more I am in awe at the audacity of it all.Maybe it is all being done for the benefit of the fish,but I am starting to doubt the friendly intentions or civility of our neighbors to the south.This sure looks like a large excavation to me.Let us see what the state and county have to say.You might want to inquire yourselves so that they know that we are watching to see what happens.The stream has been diverted from their southern border to come out on the northern border of their lot and goes well into your tidal/beach area.Can't believe they can actually dig on your beach without getting your ok.Oh well,the saga goes on.I am beginning to wonder if they just sit up at night trying to figure out ways to irritate you guys.By the way,your lawn looks great.The grass is fantastic.If it continues to hold up Gail and I will be checking with you soon to see how to do it for our place. Larry From:Larry Sherman[mailto:shermld @comcast.net] Sent:Monday,January 19,2009 8:19 PM To:schirmms @dfw.wa.gov Subject:FW:Project at East Quilcene I am attaching several pictures of the excavation in this version.Thanks again for your time. From:Larry Sherman[mailto:shermld @comcast.net] Sent:Monday,January 19,2009 8:11 PM To:'schirmms @dfw.wa.gov' Subject:Project at East Quilcene Hello Ms.Schirato: I requested and received a permit to reinforce my rip rap wall at 183 Wampum Point Road in Quilcene about 6 months ago.Thank you for your help with this.The reason I am writing is that I became aware of a project 3 lots down from mine(I am at 183 Wampum Point Road,just off of Lindsay Hill Road and East Quilcene Road intersection.My lot is on the water and of course I realize this engenders special attention to the marine habitat.The project 3 lots down from mine involves at rather large excavation done with some heavy equipment in which a small stream(which I have been told is salmon spawning habitat)has been diverted from its natural course running more or less directly west into Quilcene bay at the sand spit there.An 8 or 10 foot wide ditch has been dug and now makes a right angle in front of the Gusoskey's house and runs across the front of their small rip rap wall into the bay behind the sandy projection of beach.The diversion is quite a big change and actually passes onto the property of the Gusoskey's neighbors to the north(Kathleen and Reimer Douglas).The Douglas's were not aware of this operation and I am surprised that a construction which diverts a stream onto adjoining property would be allowed without some notification of those involved.Can you inform me of whether this was permitted by your agency and why notification of those in near proximity who would be affected was not made?Thank you for looking into this matter.Protection of the marine habitat is important and I thank you for your efforts. Regards, Lawrence Sherman,MD Emergency Physician St.Francis Hospital Cell:206-276-6220 9 8/20/2011 Douglas Wampum Point Quilcene Hi Kathleen! Sorry for being so'short'the other night—been working lots of overtime and am rather beat by the time I get home. Billy has been the only one down their(from our place)recently and says that it hasn't been a barrier(so far)to getting to the beach. Of course,we usually walk on county land as we cross over to beach(ya know). Bill and I have not been down there. We have noticed,though,that the creek has been steadily moving to the right(as it silted up particularly during storms in 2006,versus when we bought in 2005). Prior to the actual work,the Gusoskey's had briefly discussed how the creek had to be dredged to prevent flooding the Palmer's place and that they were working it out with the county as far as where the dredged out material would go. We assume they still need to move the dredged out materials. Due to the affect on the Palmer's place, I had assumed it was their permit but the creek is actually on John and Carole's property so it makes more sense that J and C had to get the permit(I wasn't actually told). BTW: When Bill and I'surveyed'the lot boundaries(early 2007)to determine where the community's tax lot began,we saw that most if not all of the creek was on John and Carole's property at that time. There is a straight line between our shared tax lot and theirs(and the creek was inside that line...their bulkhead is not straight and the creek is probably why). We will most likely go down to look at what's happening next weekend. From:William Wright[mailto:william.wright5 @comcast.net] Sent: Monday,January 26,2009 8:36 PM To: 'Lindsay Wright' Subject: FW:Question re: beach ownership+photos of the dig in front of Lot A From: Kathleen Douglas[mailto:kathleen @kmdouglas.com] Sent:Saturday,January 24,2009 7:06 PM To: william.wright5 @comcast.net Subject: RE: Question re: beach ownership+photos of the dig in front of Lot A Hi Bill and Lindsay, We're not sure if you've been out to Wampum Point recently,but wanted to ask your understanding of the community beach access which we all own. As you can see from the attached photos,a^'8 or 10 foot wide ditch has been dug and now makes a right angle in front of the Gusoskey's house and runs across the front of their small rip rap wall into the bay behind the sandy projection of beach. The stream has been diverted from their southern border to come out on the northern border of their lot and goes well into our tidal/beach area. Per the state,the permit is in Gusoskey's name(SFR permit under MLA04-6)and not Palmer's as you were told. There are a number of concerns,but we wanted to know your understanding of the beach property which we think we all jointly own. As you can see from the photos,the ditch actually prevents crossing onto the beach(see first photo below). Thanks and hope all is well with you, Kathleen 10 8/20/2011 l Douglas Wampum Point Quilcene .. .4..—" ss c ,. -. _.� . , . '''',,, . ,%.*:-.i.: ,r.44.;',44K.6::.. - . - .. ' 4, _ « 11 8/20/2011 W W (n I— o Ot® °so ffMM,,�� °oro ^' orLZSZ (ML - NLZ - OZ a/LMS) =M IO^^ -oo9:1 p 7 -\� ��� "-/ 1,- 9 10 1,A00 L 1Cl 1 6 0, NN 'dog, r O ,` \ `� n. f� O ® ^ i mom -s D% �p� x W Owl pK r° \� .695'0 Q)A, ^� w a0 a p o n`t / �o toots,21 6/, M O 00.w-. 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(MI - NLZ - 61 Y/LMS) \ \ • : !r! t`i ¢ ( "f1 x w o f .-• n u 1 7 0 0 0 #' F _ w :••' s • E,-,`8 t z 0 .2° yi k'`1�o o $ o ',32.:c. zo _< i r J Qw t° EN, za Z.Z.:`, 8 . l�i >io iiu aa o o _ iW.3 f ¢m o i>o i m• V¢Z D: o 4 m ¢w 3 o Q : ¢�w o�ia� Donna Frostholm From: Carl Smith Sent: Monday, August 13, 2012 5:10 PM To: Stacie Hoskins; Donna Frostholm Subject: Gusosky meeting Donna and Stacie: I have a management team meeting Tuesday morning and may not get back in time for this (sorry...! will try!). Stacie: Donna can brief you on our site visit last week to the site with Kathleen and an NTI surveyor. I think important points to make with John Gusosky are: • We want to work with all the neighbors (if possible) for a cooperative, voluntary solution to correct the violation of the SMP and the habitat caused by the dredging in the intertidal area. • The Gusosky's may not have been aware that this action in the shoreline needed to go through a shoreline permitting process, even though he did have a HPA from the state. • If all parties agree on a conceptual restoration project for regrading of the beach area and re-alignment of the stream outlet) then Gusosky's should apply for the County shoreline permit. Perhaps all parties can share the cost of the permitting and restoration work). • The county can be a co-applicant or at least agree as land owner to the shoreline permit application for the restoration work. • Corps and State F&W will be parties to the permitting. Hope it goes well! Thanks, Carl Smith,AICP Director, Department of Community Development Jefferson County 621 Sheridan Street Port Townsend, WA 98368 V: 360-379-4493 F: 360-379-4451 csmith@co.jefferson.wa.us www.cajefferson.wa.us i:,SAVE PAPER - Please do not print this e-mail unless absolutely necessary 1 Donna Frostholm From: Kathleen Douglas (KMD Consulting) [v-kadoug @microsoft.com] Sent: Saturday, August 11, 2012 10:47 AM To: Carl Smith; Donna Frostholm Cc: justin @nti4u.com; tomr @nti4u.com; Reimer L. Douglas Subject: Re: beach access photo 6 month after dredge Attachments: beach access 5-2009.jpg; Douglas Home East bay.jpg; image001.png Hi Carl and Donna— You asked what the beach access was like before the dredge, the photo below was taken —6 months post-dredge in May 2009. I've asked the aerial photography if he has any additional photos for comparison pre/post dredge. Thanks, Kathleen III 1 N t a # �v • ... • • • MAY24 200 2 n -.• . .., . ...... t 41., # .t\ftali 141.0 ::'''.4" .•`'-' , .. p. eillir.. . . 1\*■61 .. . , , , , 1 k A ,A' _ .• . : _:;,,,,,:,-1417A:t: ' 1 l'1**.''''*,' . -- .Cb.4.:;,•:' . -,--i 'Of tt-ti•-..a.,:„1, -.1..,.,..•,..1,..,1,..., _ . . - :4•••••• * si-■ - r,.., A. . _ , . to, , _ l's - . . , .,„. N.,40 ..-, 4,— . ill", -- ,t,..° 14; ..,,, "I lIl 4 ti tr. „r, 1 4 r ..t. r ti 4 ,-. toot 11 .. .„... ..r• _ - -- „ Ty • .4-''',.,-.. ,. .,, •f .:• • 1 _ ....,.- ;:41, ..,..-..,... -0.. ....7.. . ,. 'i . ■ . . . .. . . m. ' ,i. 0 * 0 ' t . . . 0 0°' till' < .. , '' . t. . . , ,.. ',...10•0‘.'',0.* , k :- 1 a....16. ....% - 4 .,.t..., _•••....-..for - -• - -aro' ...or- , . ''. y F `#7. w l laiv. :r, 4 s M t t Sil ■ n ,. 1 "'' , 5{. } F, % 5t.! : -1*°'t 5 , \ ■ k • t4 i/ r , , .. ,,,v4 (1. c,r-f) k 1 't 6, 1 :.--, twe ri c...-) „or r,... 1 ,-..,... ....., . , . ,-, ......, ...< ,-„, f -7 6' -- .1,4 CI i IV ( r IN -� w y g � r � ci 4- £ --\ , — � 1 k �. 4, t t r i 1 I . f %,,,,,, , I • Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021(10),(12)-See appeal process at end of HPA Montesano,WA 98563 N. WILDLIFE (360)249-4628 Issue Date: December 12, 2008 Control Number: 115558-1 Project Expiration Date: February 11, 2009 FPA/Public Notice#: N/A PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Jefferson County Conservation District John Gusoskey ATTENTION:Al Latham Post Office Box 397 205 W Patison Street Quilcene, WA 98376 Port Hadlock, WA 98339 360-385-4105 Project Name: Unnamed Quilcene Bay Tributary Stream Dredging Project Description: Dredge stream channel, remove stream bed gravel and sand. PROVISIONS 1. TIMING LIMITATIONS: The project may begin December 12, 2008 and shall be completed by February 11, 2009. 2. There shall be no alteration or disturbance of the bank and bank vegetation. 3. NOTIFICATION REQUIREMENT: The Area Habitat Biologist (AHB) listed below shall receive written notification (FAX, mail or e-mail) 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. 4. Work shall be accomplished per plans and specifications approved by the Washington Department of Fish and Wildlife entitled Wampum Point Creek Project, and submitted to WDFW on October 28, 2008, except as modified by this Hydraulic Project Approval. 5. The above referenced plans and specifications shall be modified so that the channel excavation (dredging) does not extend directly toward the bay and through the beach berm, but the excavated stream channel shall turn to the north, be located directly in front of the rock bulkhead on the Gusoskey parcel and landward of the beach berm. 6. The stream bed excavation (dredging) shall not extend up stream of the two existing large stumps, one located on each side of the stream channel, and each with a live conifer tree growing out of it. The two large stumps shall not be removed or disturbed. 7. Dredged streambed materials shall be disposed of in upland locations so that they will not re- enter state waters. The dredged streambed materials shall not be placed in any location that is below the line of mean higher high water in marine areas or below the ordinary high water line in fresh waters. Page 1 of 4 t • Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021(10),(12)-See appeal process at end of HPA Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date: December 12, 2008 Control Number: 115558-1 Project Expiration Date: February 11,2009 FPA/Public Notice#: N/A 8. Dredging shall be conducted with a hydraulic shovel. The dredging of the stream channel shall only be accomplished when the channel is dry. 9. Upon completion of the dredging, the streambed shall contain no pits, potholes, or large depressions to avoid stranding of fish. 10. Dredging shall be limited to deepening of the streambed. Banks shall not be disturbed. As shown in the above referenced plans and specifications the streambed shall be deepened for no more than a maximum of two feet and a maximum of six feet in width. 11. 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. 12. Equipment used for this project shall be free of external petroleum-based products while 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. 13. Equipment crossings of the stream are not authorized by this HPA. 14. Erosion control methods shall be used to prevent silt-laden water from entering the stream. These may include, but are not limited to, straw bales, filter fabric, temporary sediment ponds, check dams of pea gravel-filled burlap bags or other material, and/or immediate mulching of exposed areas. 15. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. 16. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, sediments, sediment-laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the stream. PROJECT LOCATIONS Location#1 Gasoskey Unnamed Quilcene Dredging WORK START: December 13, 2008 (WORK END: February 11, 2009 WRIA: Waterbody: Tributary to: 17.0011 Unnamed Quilcene Bay 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: SE 1/4 19 27 N 01 W N 47.81502 W 122.84944 Jefferson Location#1 Driving Directions 83 Wampum Point Road. Off of East Quilcene Bay Road. Project is located on an Unnamed Tributary to Quilcene Bat WRIA, 17.0121. Page 2 of 4 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021(10),(12)-See appeal process at end of HPA Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date: December 12, 2008 Control Number: 115558-1 Project Expiration Date: February 11, 2009 FPA/Public Notice#: N/A 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. 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. Page 3 of 4 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021(10),(12)-See appeal process at end of HPA Montesano,WA 98563 V6-.)i WILDLIFE (360)249-4628 Issue Date: December 12, 2008 Control Number: 115558-1 Project Expiration Date: February 11, 2009 FPA/Public Notice#: N/A 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 ROW: 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 Henry (28) P2 Habitat Biologist for Director Chris Byrnes 360-417-1426 WDFW CC: Page 4 of 4 • MiRNCY 17SE ONLY .FAR .4 FORM LAST JJPDATED:March 19.1207 Agm,cy!reference tl: t/5J✓ g �J Circulated by: t7Wie N1xCivetl c 7 rS(J/0 (Mad govt.at p enoy) Project Tracking Number: 1, „ Washington State JOINT AQUATIC RESOURCES PERMIT APPLICATION (JARPA) Form �- 1. Ft tAr Step 1: Get Ready - Step 2:Complete Form Step 3:Check Work Step 4:Copy and Send In '•` Cie to\t,�,►3,22crnttttin2.c11'k Use black ink. Use Internet"Help" Use final review Six JARPA Contacts at for correct form and Check co reeet buttons to answer checklist at ell i11•il4.O a rfar instructions. permit boxes. questions completely. „„„tl,vni tit iin <tra. correct mailing addresses. _ _... ma- pax w .e a 0 Fish Habitat Enhancement Projects per RCW 77.55,181. You must submit copy of completed JARPA form and Fish Habitat Enhancement JARPA Addition to your Local Government Planning Oep't and WA Dept of Fish and Wildlife(WDFW)Area Habitat Bllologist on s3rne dm. Note for Local Govemtnents:You must submit comments to WDFW within 15 working days. _ Based on instructions at www.epermitting.arg,I am sending copies of this application to the following: (check all that apply) ®Local Government for Shoreline: rlSubstantial Development DLondrtionel Use ❑Variance NExemption ❑Revision QFloodpiain,Management ❑Criticcal Areas Ordinance tge ashington Department of Fish and Wildlife for+,tyctraulic Pr(jectAigroval(Submit 2 copies to WDFW Region) /v VNashington Department of Ecology for 461 Water Quality,Certification(to Regional Office-Federal Permit Unit) - �� [JWashington Department of Natural Resources for Acauatic Resources Use Authorization Notification �( I , ['Corps of Engineers for: f5ection 404 permit (]Section 10 permit 848/747- 2009 oast Guard for. i:Genaral Bridge Ac terror (Private Aids to Navigation(for non-bridge projects) or Department of Transportation projects only: This project will be designed to meet conditions of the most current PR00,9 Ecology/Department of Transportation Water Quality Implementing Agreement AIL/ PROJECT TITLE: Wampum Pt.Cr.improvemeaS PROJECT DESCRIPTION: Remove eccum alsted gravel/sediment from creek channel SECTION A-Use for all permits covered by this application. Be sure to ALSO complete Section C(Signature Block)for all permit applications. ®1.APPLICANT John Gusoskey " MAILING ADDRESS FOS 397,Quilcene 98376 _.._.... WORK PHONE E-MAIL ADDR SS HOME PHONE �FAX# 360 5723"t 4p ' t•csos . oL. ' 360-765-0996 366 741 O$ If an agent is acting for the applIcNit during the permit process,complete#2. Be sure agent signs Section C(Signature Bloc f. _..- all permit applications ME 2.AUTHORIZED AGENT MAILING ADDRESS". __ — _....- WORK PHONE E-NiAif.ADDRESS . HOME PHONE r. ..^ Yy - FAX# WM 3.Relationship of applicant to property: © OWNER 0 PURCHASER [J LESSEE 0 µ~ IMMI 4.Name,address and phone number of property owner(s)if other than applicant 5.Location(street address,including city,county and zip code,where proposed activity exists or will occur) 83 Wampum Pt. Rd.; 1954 East Quilcene Bey Rd..Quilcene,Jefferson,WA 95376 Local government with-urisdiction(city or county Jefferson Waterbody you are working in Unnamed stream 11111111 Tributary of Quitcene Bay OE MIA# 17 Nis Is this waterbody on the 303(d)List I.j YES Cie] NO er l If YES,what parameter(s)7 -- M 11�Shoreline designation Zoning designation Rural Residential 1:5 %Section Section Township Range Government Lot -- SE 19 27N 1W ®DNR stream type if known F ®Latitude and engitude: 47.81502 122/4944 Tax Parcel Number 701194030;701194010 • Offic La Regulatory Assistanch,,1ARPA JARPA FORM LAST UPDATED:March 19.2007 For help call 800-917-0043 or visit www epermitt rg_Dr9 1 2�91dd 2280S9Z092 A SOSIin S2:0T 8002-62-0T • NMI 6: Describe(a)the current use of the property,(b)structures existing on the property,and (c)existing environmental conditions. Have you completed any portion of the proposed activity on this property? Q YES E1 NO For any portion of the proposed activity already completed on this property,indicate month and year of completion. Current use residential. houses on properties. Existing environmental conditions: Stream was relocated and ditched in early to mid 1900's. Property on north bank was developed as log dump and currently for housing. Property on south bank was developed as residence in early to mid 1900's. Culvert at county rd.is perched and a fish passage barrier. Stream channel has filled with gravel/sediment-bottom of stream is 4'higher than house foundation on south bank. Stream used to run straight out on beach but since removal of log dump jetty a spit has developed—stream follows inside edge of spit to the north. Stream is dry from June through November. Some problems associated with county road work—see court settlement attached. i®Is the property agricultural land? ❑ YES 0 NO ®Are you a USDA program participant? ❑ YES INC NO ®7a. Describe the proposed work that needs aquatic permits: Complete plans and specifications should be provided for 24 work waterward of the ordinary high water mark or line,including types of equipment to be used. If applying for a shoreline permit, describe a work within and beyond 200 feat of the ordinary high water mark. If you have provided attached materials to describe your project,you still must summarize the proposed work here. Attach a separate sheet if additional space is needed. Excavate accumulated gravel/sediment from stream channel and through beach berm(see plans). Construct sediment basin to trap future gravel/sediment load and maintain basin yearly, Project extends from approximately mean tide level 600 feet back from mean tide line, total of 700 lineal feet of channel excavation. PREPARATION OF DRAWINGS: See sample drawings and guidance for completing the drawings. ONE SET OF ORIGINAL OR GOOD QUALITY REPRODUCIBLE DRAWINGS MUST BE ATTACHED. NOTE: Applicants are encouraged to submit photographs of the project site,but these DO NOT substitute for drawings. THE CORPS OF ENGINEERS AND COAST GUARD REQUIRE DRAWINGS ON 8-1la X 11 INCH SHEETS. LARGER DRAWINGS MAY BE REQUIRED B Y OTHER AGENCIES. 7b. Describe the purpose of the proposed work and why you want or need to perform it at the site. Please explain any specific needs that have influenced the design. Existing conditions threaten houses adjacent to creek and riparian improvements on north bank. Due to upstream land use changes over the years additional sediment flows are expected. Sediment basin will allow landowners to keep the channel open and preclude larger scale dredging in future, MR 7c, Describe the potential impacts to characteristic uses of the water body. These uses may Include fish and aquatic life,water quality,water supply, recreation and aesthetics. Identify proposed actions to avoid,minimize,and mitigate detrimental impacts and provide proper protection of fish and aquatic life. Identify which guidance documents you have used. Attach a separate sheet if additional space is needed. Will improve fish access to stream when it is flowing, up to the county rd. (1,000 ft). IMP 7d. For in-water construction work,will your project be in compliance with the State of Washington water quality standards for turbidity(WAC 173-201A-410)? ® YES ❑ NO work done when creek is dry. ina 8. Will the project be constructed in stages? ❑ YES ® NO Proposed starting date: ASAP Estimated duration of activity: 1 week ®9. Check if any temporary or permanent structures will be placed: • Waterward of the ordinary high water mark or line for fresh or tidal waters AND/OR ❑ Waterward of the mean higher high water for tidal waters? El 10. Will till material(rock,fill,bulkhead,or other material) be placed: Waterward of the ordinary high water mark or line for fresh waters? if YES,VOLUME(cubic yards) 10 cu yds /AREA (acres) logs or rock for sediment basin controls ❑ Waterward of the mean higher high water for tidal waters? If YES,VOLUME(cubic yards) /AREA (acres) Office of 13eguletgry Assistance,ate,Pe DARPA FORM r.AST LWDA'rED Mantra to 2007 For help call 800-917-0043 or visit www.euermictina,orq 2 £39bld ££80S9L09£ A3Nsosno 92:01 8002-92-0ti ®11. Will material be placed in wetlands? ❑ YES ® NC) If YES: ®A.Impacted area.in acres: s9L4,1 f� MIN B.Has a delineation been completed? If YES,please submit with application. 0 YES NO /UM dg MB C.Has a wetland report been prepared? If YES,please submit with application 0 YES ..p' NO At 119 ®D.Type and composition of fill material(e.g„sand,etc.) 44 /!raaV E't IMMI E.Material source: °p, "ir e/bow , r col-% tog ®F.List all soil series(type of soil)located at the project site,and indicate if they are on the county's list of hydric soils. Soils information can be obtained from the natural Resources Conservation Service(NRCS). , t N MI G.WILL PROPOSED ACTIVITY CAUSE FLOODING OR DRAINING OF WETLANDS? ❑ YES [g NO If YES, IMPACTED AREA IS ACRES OF DRAINED WETLANDS, NOTE It your project eel iropeet greater than 1110 of an acre of wetland.submit a mitigation plan t°the Corps and Ecology for approval along with the JARPA form. NOTE:A 401 water quality certification may be required from Ecology in addition to an approved mitigation plan If your project wetland Impacts are greater than 1110 acre in size. Please submit the DARPA fam and mitigation plan to Eoology for 401 certification ravlaw. IMMI 12. Stormwater Compliance: This project is(or will be)designed to meet ecology's most current stormwater manual,or an Ecology approved local stormwater manual. ® YES ❑ NO If YES—Which manual will your project be designed to meet? ®If NO—For Clean Water Act Section 401 and 404 permits only—Please submit to Ecology for approval,along with this JARPA application,documentation that demonstrates the stormwater runoff from your project or activity will comply with the water quality standards,WAC 173-201 A 0111 13. Will excavation or dredging be required in water or wetlands? ❑ YES ® NO excavation done in dry channel. If YES: A. Volume: (cubic yards) /area (acre) B. Composition of material to be removed: C. Disposal site for excavated material: D. Method of dredging: ®14_ Has the State Environmental Policy Act(SEPA)been completed (] YES ® NO SEPA Lead Agency: WDFW? Jefferson Co.? SEPA Decision:DNS,MANS,EIS,Adoption,Exemption Decision Date(end of comment period) SUBMIT A COPY OF YOUR SEPA DECISION LETTER TO WDFW AS REQUIRED FOR A COMPLETE APPLICATION MI 15. List other Applications, approvals or certifications from other federal,state or local agencies for any structures,construction discharges or other activities described in the application(i.e,preliminary plat approval,health district approval,building permit, SEPA review,federal energy regulatory commission license(FERC), Forest practices application,etc.)_ Also,indicate whether work has been completed and indicate all existing work on drawings. NOTE:For use with Corps Nationwide Permits,identify whether ••ur project has or will need an NPDES permit for discha :Ing wastewater and/or stormwater. TYPE OF APPROVAL ISSUING AGENCY IDENTIFICATION DATE OF APPLICATION OATS APPROVED COMPLETED? NO. IMIIIIIII111111111.11111.11.111111 1111111111111111111111111111.1111111 MON MEM ®16. Has any agency denied approval for the activity you're applying for or for any activity directly related to the activity described herein? 0 YES NO If YES,ex•lain: • Office of fiegutatyry_ASSistance,JARPA JARPA FORM LAST UPDATED:March 19 2007 For help calf 800-917-0043 or visit www.r};ttriuthricu ay 3 b391dd £28099L092 A3)609119 92:0T 8002-82-0T SECTION B - Use for Shoreline and Corps of Engineers permits only: UM 17a. Total cost of project. This means the fair market value of the project,including materials,labor,machine rentals.etc. $5,000.00+1- ®17b. If a project or any portion of a project receives funding from a federal agency,that agency is responsible for ESA consultation. Please indicate if you will receive federal funds and what federal agency is providing those funds. FEDERAL FUNDING [] YES ] NO If YES,please list the federal agency. !18. Local government with jurisdiction: [Jefferson Co. 19. Provide names,addresses and telephone numbers of adjoining property owners, lessees,etc. Please note: Shoreline Management Compliance may require additional nonce--consult your local government. NAME ADDRESS PHONE NUMBER Robert Palmer Jr. POB 1580,Port Townsend WA 98388 360-385-4165 SECTION C-This section MUST be oorn IA eted for any permit covered by this application In 20. Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the Information contained in this application,and that to the best of my knowledge and belief,such information is true,complete, and accurate. I further certify that I possess the authority to undertake the proposed activities. I hereby grant to the agencies to g which this application is made,the right to enter the above-described location to inspect the proposed, in-progress or completed work. i agree to start work ONLY after all necessary permits have been received. DATE ,. . � fis: SIGNATURE OF APPLICANT �7 oc r DATE SIGNATURE OF AUTHORIZED AGENT I HEREBY DESIGNATE, TO ACT AS MY AGENT IN MATTERS RELATED TO THIS APPLICATION FOR PERMIT(S). I UNDERSTAND THAT IF A FEDERAL PERMIT IS ISSUED,I MUST SiGN THE PERMIT. SIGNATURE OF APPLICANT DATE SIGNATURE OF LA •OWNER(EXCEPT •UBLIC ENTITY LANDOWNERS, E.G.ONR) THIS APPLICATION MUST SE SIGNED BY THE APPLICANT AND THE AGENT,IF AN AUTHORIZED AGENT IS DESIGNATED. 18 U.S.0§1001 provides that: Whoever,in any manner within the jurisdiction of any department or agency of the United States knowingly fslsiftes,conceals,or covers up by any trick,scheme,or device a material fact or makes any false,fictitious,or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false,fictitious,or fraudulent statement or entry,shall be fined not more than$10,000 or imprisoned not more than 5 years or both. COMPLETED BY LOCAL OFFICIAL A- Nature of the existing shoreline. (Describe type of shoreline,such as marine,stream,lake,lagoon,marsh,bog,swamp,flood plain,floodway,delta;type of beach,such as accretion,erosion,high bank,low bank,or dike;material such as sand,gravel, mud,day, rock,riprap:and extent and type of bulkheading,if any) B. In the event that any of the proposed buildings or structures will exceed a height of thirty-five feet above the average grade level, Indicate the approximate location of and number of residential units,existing and potential,that will have an obstructed view; ( C. If the application Involves a conditional use or variance,set forth in full that portion of the master program which provides that the proposed use may be a conditional use,or,in the case of a variance,from which the variance is being sought: These Agencies are Equal g q Opportunity and Affirmative Action employers. For special accommodation needs,please contact the appropriate agency in the instruction Office of Reoulatory.Assistance,.IARPA ,14RPA FORM LAST UPDATED;March 18.2007. For help call 800-917-0043 or visit www rprrtrul:rrig qrt 4 S991:id 2280S9L092 A3 scisnJ 92:0T 8002-82-05 PP 8k a ' gc aT /06... _. : ....ism„,..,.. ., GI C o Pr g.. , 2 2 ; 0 w Ilk IV r; CO DIPZZ.:4("Z - o CO w ' a : 3 ; o. ' ±r °tt- ° 3 Q ear m Q, az a 3 v x s 1 C) C ag -r3 un r ea t) ` g (Tt a a i Ilki' 0 51 i o 1 t .40....,'..'-'''' #‘'..-.--- ------C...." .1.-"-- .. ST3938 ££80S9L09£ J,3?{SOSf1J E2:0T 8002-82-0T Mievation(1111LLWEO) ce,..t.mea./..thot,imcoct.omw.11..thm.41mmg!ItSNAINgigtgglInnW SI i WI • 1 ' , : ; 111 : 1 . ill 1.i ,I • • ' i ...-; ! ! ; II . 1 I . : 11 : • . ' 1 : t !`"" i ` I I „1 : . ' t . • ! , 1 ! 1 , •, , , ! 1 . 1 I • I ' ' ! I 11 t ! I . I : . a! : • 1., 1 , ; 1 • • • • • I . I • • : • ' . i : .0; i 1 i , [ 1 • I I I. ! 1 1. I i i i, I • IS. i „I I I iii I ' 1 i ' . ! ! • . . 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"0 ,ate - x�.g _ s .. j r fi ;•, + , - !±a - � py -t�, gg 4 ..,, -. a t . x ,,., .. .s..-.,. �Sx..... _.M..' - ., ii'-:. --:: i- .'• irt.... Be ow iccessabte At '� modem e''tide ( feet) s '.- '4-i-4,4'6 44. .- - .'t t xry k�i'x� 1 _ 4 MEMO June 13, 2012 TO: Donna Frostholm FROM: Kathleen Douglas RE: Shoreline restoration Hi Donna, First let me thank you for meeting with us last Thursday. I realize that in the scheme of things are issue may not seem important, but to my husband and myself it is extremely important and something we lose sleep over. Justin Wilson at NTI said that he was contacting Margie Shirato at DFW today so hopefully this will go smoothly. I'll keep you informed. Enclosed please find a flash drive with numerous photos (right click on properties and use the details tab to find the date), and other docs listed below. J� Pre&post dredge photos 6/13/2012 9:48 AM Microsoft',,'dorcl D. 7,143 KB Topigraphic maps 6./13/2012 8:49 AM Microsoft',Nord D... 6,859 KB Jj Photo 4+,ith property lines v1.0 6/13/2012 9:49 AM Microsoft Poo,erP... 3,814 KB t Jeff County Shoreline Restoration Plan 6/13/2012 9:03 AM Adobe Acrobat D... 2,157 KB 1977 &later site photos with annotations 6'13/2012 8:50 AM Adobe Acrobat D... 1,922 KB County DFW records from attorney 2/3/2012 10:09 AM File folder Photos pre-dredge, dredging, recent 6,13/2012 9:04 AM file folder If you need anything else from me, please do not hesitate to ask. We just want the beach restored. Sincerely, Kathleen Douglas 206-335-2991 (cell) 206-524-6640 (home) ., Washington HYDRAULIC PROJECT APPROVAL C043MM Deportment of 48 LK:vont:Iwo RO Ks its++and RCW/7 hs.021003(12)•Appual Pu.Sooni n,ra,.iitar ya.o',RCW Montesano.WA 085E.3 •••,• WILDLIFE. ("An)249-012R • Issue Date: December 12,2008 Control Number. 1155558-1 Project Expiration Date:February 11,2009 FPA/Public Notice#: N/A PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Jefferson County Conservation District John Gusoskey ATTENTION:At Latham Post Office Box 397 203 W Patison Street Quilcene,WA 98376 Port Hadtock, WA 98339 360-385-4105 Project Name: UnnarnOd Quilc ene Bay Tr ibutary Stream Dredging Project Description: Dredge stream channel, remove stream bed gravel and sand. PROVISIONS 1. TIMING LIMITATIONS: The project may begin December 12,2008 and shall be completed by February 11, 2009. 2. There shall be no alteration or disturbance of the bank and bank vegetation. 3. NOTIFICATION REQUIREMENT: The Area Habitat Biologist(AHB)listed below shall receive r;: written notification (FAX, mail or e-mail)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 sta of construction activities. The notification shall include the permittee's name, project location, starting date for work, and the control number for this HPA. 4. Work shall be accomplished per plans,and specifications approved by the Washington Department of Fish and Wildlife entitled Wampum Point Creek Project, and submitted to WDFW on October 28, 2008, except as modified by this Hydraulic Project Approval. 5. The above referenced plans and specifications shall be modified so that the channel excavation (dredging)does not extend directly toward the bay and through the beach berm, but the excavated stream channel shall turn to the north, be located directly in front of the rock bulkhead on the Gusoskey parcel and landward of the beach berm. 6. The stream bed excavation (dredging)shall not extend up stream of the two existing large stumps, one located on each side of the stream channel, and each with a live conifer tree growing out of it. The two large stumps shall not be removed or disturbed. 7. Dredged-streambed materials shall be disposed of in upland locations so that they will not re- - enter state waters. The dredged streambed materials shall not be placed in any location that is below the line of mean higher high water in marine areas or below the o •_nu- 1 rD)i eD fresh waters. D jIAy - 9 2011 Page 1of_4 JEFFERSON COUNTY • - • DEPT OF COMMUNITY DEVELOPMENT 2391old £MaS92_09 -I La 5:2; 0t02-60-20 Washington HYDRAULIC PROJECT APPROVAL Department of 4R Devonshire Road •Vii'. FISH and RCN(77.r>r.n21(10),(12)-Appeal Pursuant to Ch piur 34.05 liCW Montesano.WA 98563 efi. °w WILDLIFE (360)249-4628 ' Issue Date:December 12,2008 Control Number: 115558-1 Project Expiration Date:February 11,2009 FPANPublic Notice it: N/A 8. Dredging shall be conducted with a hydraulic shovel. The dredging of the stream channel shall only be accomplished when the channel'is dry. 9. Upon completion of the dredging,the streambed shall contain no pits, potholes, or large depressions to avoid stranding of fish. 10. Dredging shall be limited to deepening of the streambed. Banks shall not be disturbed. As shown in the above referenced plans and specifications the streambed shall be deepened for no more than a maximum of two feet and a maximum of six feet in width. 11 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. 12. Equipment used for this project shall be free of external petroleum-based products while 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. ' .13...Equipment crossings of the stream are not authorized by this HPA. 14. Erosion control methodsshall be used to prevent silt-laden water from entering the stream. These may include, but are not limited to,.straw bales,filter fabric;temporary sediment ponds, check dams of pea gravel-filled burlap bags or other material, and/or immediate mulching of exposed areas. 15. If high flow conditions that may cause siltation are encountered during this project,work shall stop until the flow subsides. 16. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid,sediments, sediment-laden water, chemicals,or any other toxic or deleterious materials are allowed to enter or leach into the stream. PROJECT LOCATIONS • Location#1 Gasoskey Unnamed Quileene Dredging WORK START: December 13, 2008 IWORK END: February 11_2009 WRIA_ lvvplierbody: Tributary to: -- 17.0011 Unnamed Quilcene Bay • 191 SEC: Section Township. Range: Latitude.: Longitude: County: SE 114 19 27 N 01 W N 47.81502 W 122.84944 Jefferson _._ Location 41 Driving t)1rcctinnc 83 Wampum Point Road.Off of East Quileene Bay Road. Project is located on an Unnamed Tributary to Quileene Bat WRIA, 17.0121- ___... Page 2 of 4 ZB ii80S9L092 AB)ISOSf E r@:2t.ata2-60-20 HYDRAULIC PROJECT APPROVAL Department 48 Dcvonstliro Road - peparimeni yr � iISM and RCW 77.55.021(1U),(12)-Appeal Pursuant to Chapter 34,05 RCW Montano.WA 98563 4.71 WILRiFE OW)249.4628 Issue Date: December 12,2008 Control Number: 115558-1 Project Expiration Date:February 11,2009 FPA/Public Notice 4: N/A APPLY TO ALL HYDRAULIC PROJECT APPROVALS This Hydraulic Project Approval pertains only to those requirements of thc 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 limes and all its provisions followed by the person(s)to whom this Hydraulic Project Approval is issued and oporator(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-Is)performing the work may be held liable for any lossor 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'rrtisdemeaner charge,possibly punishable by fine and/or imprisonment. All Hydraukc 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. I he 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 I AKN 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 96501-1091 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. _ Ss1on the Habitat Technical Services Division Manager or his/her designee shall cond ( 'l r I �_�+ a to the Director or his/her designee.-If you are not satisfied with thc results of thi'lire/ tea l ., y be filed. V MAY - 9 Mile 3 oe 4 i JEFF• I 1UNTYii •` °.12-6°-2° t'B el . £ B@S94 0 ,ird r ��IEVELHH M..f£ OF HYDRAULIC PROJECT APPROVAL `"'sty' . " . , . . . . . . Department 4U L)Cvunsture Nt.J FISH Department FISH and RCW 77.55•021(In),(12)•rtpppat rhrrsur+nt In Chapter 34.05 RCW Mwr4:sairu,WA 913663 WILDLIFE -(360)249 4152a3 Issue Date:December 12,2008 Control Number: 115558-1 ' Project Expiration Date:February 11,2009 FPAIPubtic Notice#: N/A 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 Fictions 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 format 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.Ruilding Two- Rowe Six,Lacey,Washington 98504;telephone 360/459-6327. D.FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO CHAPTER 43.21L RCW: A Pierson 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 43.21L ROW 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 art appeal,the department action shall be final and unappcalable. ENFORCEMENT: Sergeant Henry(28) P2 Habitat Biologist . .;. for Director [-- 360-417-1426 - �•' - _ ' "- WDFW Chris Byrnes -CC: Page 4 of 4 S39tid M30S9L09E A3)1SOSf19 20:25 oto2-60-z0 1 t LS, -(L i'14:-%, f... , j "�_ j .) I :)j3 ��STA 7.4,0 r= C ,n ,-7; Washington rtment of HYDRAULIC PROJECT APPROVAL Coastal Depa 48 Devonshire Road FISH and RCW 77.55.021(10),(12)-Appeal Pursuant to Chapter 34.05 RCW WILDLIFE Montesano.WA 98563 (360)249-4628 Issue Date: December 12, 2008 Control Number: 115558-1 Project Expiration Date: February 11, 2009 FPA/Public Notice#: N/A PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Jefferson County Conservation District John Gusoskey ATTENTION: Al Latham Post Office Box 397 205 W Patison Street Quilcene, WA 98376 Port Hadlock, WA 98339 360-385-4105 Project Name: Unnamed Quilcene Bay Tributary Stream Dredging Project Description: Dredge stream channel, remove stream bed gravel and sand. PROVISIONS 1. TIMING LIMITATIONS: The project may begin December 12, 2008 and shall be completed by February 11, 2009. 2. There shall be no alteration or disturbance of the bank and bank vegetation. 3. NOTIFICATION REQUIREMENT: The Area Habitat Biologist (AHB) listed below shall receive written notification (FAX, mail or e-mail) 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. 4. Work shall be accomplished per plans and specifications approved by the Washington Department of Fish and Wildlife entitled Wampum Point Creek Project, and submitted to WDFW on October 28, 2008, except as modified by this Hydraulic Project Approval. 5. The above referenced plans and specifications shall be modified so that the channel excavation (dredging) does not extend directly toward the bay and through the beach berm, but the excavated stream channel shall turn to the north, be located directly in front of the rock bulkhead on the Gusoskey parcel and landward of the beach berm. 6. The stream bed excavation (dredging) shall not extend up stream of the two existing large stumps, one located on 'each side of the stream channel, and each with a live conifer tree growing out of it. The two large stumps shall not be removed or disturbed. 7. Dredged streambed materials shall be disposed of in upland locations so that they will not re- enter state waters. The dredged streambed materials shall not be placed in any location that is below the line of mean higher high water in marine areas or below the ordinary high water line in fresh waters. Page 1 of 4 Washington HYDRAULIC PROJECT APPROVAL Department of Coastal FISH and RCW 77.55.021(10),(12)-Appeal Pursuant to Chapter 34.05 RCW 48 Devonshire Road wq " WILDLIFE Montesano,WA 98563 (360)249-4628 Issue Date: December 12, 2008 Control Number: 115558 1 Project Expiration Date: February 11, 2009 FPA/Public Notice#: N/A 8. Dredging shall be conducted with a hydraulic shovel. The dredging of the stream channel shall only be accomplished when the channel is dry. 9. Upon completion of the dredging, the streambed shall contain no pits, potholes, or large depressions to avoid stranding of fish. 10. Dredging shall be limited to deepening of the streambed. Banks shall not be disturbed. As shown in the above referenced plans and specifications the streambed shall be deepened for no more than a maximum of two feet and a maximum of six feet in width. 11. 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. 12. Equipment used for this project shall be free of external petroleum-based products while 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. 13. Equipment crossings of the stream are not authorized by this HPA. 14. Erosion control methods shall be used to prevent silt-laden water from entering the stream. These may include, but are not limited to, straw bales, filter fabric, temporary sediment ponds, check dams of pea gravel-filled burlap bags or other material, and/or immediate mulching of exposed areas. 15. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. 16. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, sediments, sediment-laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the stream. PROJECT LOCATIONS Location #1 Gasoskey Unnamed Quilcene Dredging WORK START: December 13, 2008 WORK END: February 11, 2009 WRIA: Waterbody: Tributary to: - 17.0011 Unnamed Quilcene Bay 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: SE 1/4 19 27 N 01 W N 47.81502 W 122.84944 Jefferson Location#1 Driving Directions 83 Wampum Point Road. Off of East Quilcene Bay Road. Project is located on an Unnamed Tributary to Quilcene Bat WRIA, 17.0121. Page 2 of 4 e , Washington HYDRAULIC PROJECT APPROVAL Department of Coastal FISH and RCW 77.55.021(10),(12)-Appeal Pursuant to Chapter 34.05 RCW 48 Devonshire Road Montesano,WA 98563 (360)249-4628 Issue Date: December 12, 2008 Control Number: 115558-1 Project Expiration Date: February 11,2009 FPA/Public Notice#: N/A 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. 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. Page 3 of 4 HYDRAULIC PROJECT APPROVAL Coastal 48 Devonshire Road • . * DeWashington partment of FISH and RCW 77.55.021(10),(12)-Appeal Pursuant to Chapter 34.05 RCW Montesano.WA 98563 ii(''' WILDLIFE (360)249-4628 Issue Date: December 12,2008 Control Number: 115558-1 Project Expiration Date: February 11, 2009 FPA/Public Notice#: N/A 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 43.21L 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 Henry (28) P2 — Habitat Biologist ,.- �� for Director Chris Byrnes 360-417-1426 --_ -4-� �' --F-- WDFW CC: Page 4 of 4 Donna Frostholm From: Bigelow Schirato, Margaret M (DFW) [Margaret.BigelowSchirato @dfw.wa.gov] Sent: Friday, June 15, 2012 8:23 AM To: Donna Frostholm Subject: RE: Douglas Pre-application Meeting Follow-up Attachments: 115558-02-42439-115558[1].pdf This is the JARPA for the permit I wrote then rescinded because they had not done SEPA. I'm not sure if this is the HPA he was referring to. I can also look to see if Chris's permit is in the system and I'll send that info if I can find it. From: Donna Frostholm [mailto:dfrostholm @co.jefferson.wa.us] Sent: Thursday, June 14, 2012 2:50 PM To: Mraz, Richard A. (ECY); Bigelow Schirato, Margaret M (DFW); Kaminski-Richardson, Bridget (DNR); Jordan, Jess NWS Subject: Douglas Pre-application Meeting Follow-up Hello All: This is a follow up to a County pre-app held last week to re-direct a stream in Quilcene Bay. The portion of the stream that the applicants want to divert is on intertidal County land. The pre-application submittal came in as restoration of a spit for shellfish. During the pre-app, the applicants stated that they believe that previous dredging of an unnamed stream (on the Gusoskey and Palmer parcels immediate south) went beyond what was allowed under the HPA(as I understand it, an emergency HPA was issued in 2008 to protect the residence just south of the stream). At the pre-app, the applicants noted that the proposal would also allow them the access to the shoreline that they had prior to the 2008/2009 stream dredging. Rick: One of the applicants, Kathleen Douglas, has had communications with you about work previously completed in Quilcene Bay. She indicated that she will be contacting you again to further discuss the proposal. Margie: The applicants consider this proposal to be restoration of habitat conditions for shellfish. I explained to them that fish and shellfish are not my areas of expertise, so the representative for the project (Justin Wilson with NTI) will be contacting you soon to discuss, if they have not done so already. In the Jefferson County Code, there is a shoreline exemption for habitat improvements, and the applicants are hoping to use that shoreline exemption. Since the applicants say that the extent of excavations completed under HPA 115558-1 (which was issued in 2008 for Gusoskey)go beyond what was permitted, I will be contacting Chris Byrnes to see about getting copies of the plans submitted for that HPA. Bridget: Please see the attached file for location of the proposed project. I gave the project representative,Justin Wilson with NTI, a copy of the DNR handout (the one with the stop sign) so he knows to contact you before submitting an application. Jess: The applicants or their representative will be contacting you about Corps requirements. Regards, Do-vu/tai frolthOIM'v .associate Planner/WetlandSpecialist Jefferson County Department of Community Development 621 Sheridan Street Port'Totivnsend, 'Washington 98368 dfrostholm@cojefferson.wa.us 360.379.4466 1 Department of Community Development is open from 9:00 to 4:30 Monday through Thursday;DCD is closed on Friday. All e-mails sent to and from this address will automatically be archived by Jefferson County and emails maybe subject to Public Disclosure under Chapter 42.56 RCW. 2