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Home My WebLink AboutLog030 e,.....'.~;.,'1IIlthintIM .. . Dtpll1llrlBlt 0{ .FISHIIlIII WILDLIFE DATE OF ISSUE: September 12,2000 ~. R l>RAULIC PROJECT APPRO~ AL RCW 75.20.100 or RCW 75.20.108 ~, State of Washington Department of Fish and Wildlife Region 7 Office 600 Capitol Way North, MS 3155 Olympia, Washington 98501-1091 LOG NUMBER: 00E2297.02 At the request of, Nichole Fagin, on 5 September 2000, this Hydraulic Project Approval (HP A), which now supersedes all previous HPAs for this project, is a change of the original HPA issued 7 August 2000. PERMITTEE Olympic Property Group Attn John Rose 19245 Tenth Ave NW P,O, Box 1780 Poulsbo, Wa, 98370-0239 PROJECT DESCRIPTION: Replace ramp AUTHORIZED AGENT OR CONTRACTOR Kerry Adams-Lee Reid Middleton 728 134th Street SW Suite 200 Everett Wa, XM f()J -{1D/ :J PROJECT LOCATION: Port Ludlow Marina t1. WRIA WATER BODY I 17.MARI Port Ludlow TRIBUTARY TO Admiralty Inlet 1/4 SEC. SEC. TOWNSHIP RANGE COUNTY NW 16 28 North 01 East Jefferson PROVISIONS, 1. TIMING LIMITATIONS: The project may begin Immediately and shall be completed by September 1,2001, provided: 1. Work below the ordinary high water line shall not occur from February 15 through July 14 of any year for the protection of migrating juvenile salmonids. 2. Work below the ordinary high water line shall not occur from September 15 through October 31 of any year for the protection of surf smelt spawning beds. 3 . 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. The project involves the replacement of an existing ramp, as specified in plans Port Ludlow C dock gangway replacement dated 4.20.2000. The new gangway shall be aluminum, 60' long, and have an overall width of 6', including grating. Replacement shall result in an additional120' of tideland that will be covered by structure, requiring a 2:1 mitigation, or 240 feet of tideland improvements. Mitigation measures will be defined in the Port Ludlow Marina Expansion process. All manmade debris on the beach shall be removed and disposed of upland such that it does not enter waters of the state. 3. No portion gangway shall ground. A minimum space of 8 inches shall be maintained at all times between the bottom of the gangway and the beach grade. 4. Gangway, and associated anchoring systems shall have been designed and shall have been deployed so that the bed is not damaged. Pal!e 1 of 4 LOG ITEM Page -Lot~ # $0__ e. ~ =01 FISH IIIId WILDUFE ~ ~ R llRAULIC PROJECT APPRO ~ AL RCW 75.20.100 or RCW 75.20.108 State of Washington Department of Fish and Wildlife Region 7 Office 600 Capitol Way North, MS 3155 Olympia, Washington 9850H09I DATE OF ISSUE: September 12,2000 LOG NUMBER: 00E2297,02 5. No creosote treated wood shall be used with this project. Treated wood 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. 6. The gangway and associated moorings shall have been designed and shall have been located to avoid shading of eelgrass (Zostera spp). 7. Eelgrass and kelp shall not be adversely impacted due to any project activities (e.g., barge shall not ground, equipment shall not operate, and other project activities shall not occur in eelgrass and kelp). 8. Removal or destruction of overhanging bankline vegetation shall be limited to that necessary for the construction ofthe project. 9. 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. 10. 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. 11. Project activities shall be conducted to minimize siltation of the beach area and bed. 12. If a fish kill occurs or fish are observed in distress, the project activity shall immediately cease and WDFW Habitat Program shall be notified immediately. 13. 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. 14. No petroleum products or other deleterious materials shall enter surface waters. 15. 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. 16. Project activities shall not degrade water quality to the detriment offish life. SEPA: MDNS by Jefferson County final on 28 July 2000 APPLICATION ACCEPTED: 28 July 2000 ENFORCEMENT OFFICER: Henry 126 [P3] I~~ i..OGlrEM # :30 J. Anne Shaffer Page ~ofL -:-. P"ll'P " "f L1 ,.~ lItparl/lltllt 0( . FISHIIIllI WILDUFE DATE OF ISSUE: ,~ h DRAULIC PROJECT APPRO" AL RCW 75.20.100 or RCW 75.20.108 ~, State of Washington Department of Fish and Wildlife Region 7 Office 600 Capitol Way North, MS 3155 Olympia, Washington 98501-1091 September 12. 2000 LOG NUMBER: 00E2297.02 (360) 457-2634 Area Habitat Biologist for Director WDFW cc: Jefferson County Permit Center (Peters) DNR Olympic region (Shreck) DoE Shorelines (Stewart) CoE (Gossett) NMFS (Longenbach) GENERAL PROVISIONS This Hydraulic Project Approval (HPA) pertains only to the provisions of the Fisheries Code (RCW 75.20). Additional authorization from other public agencies may be necessary for this project. This HPA shall be available on the job site at all times and all its provisions followed by the permittee and operator(s) performing the work. This HP A does not authorize trespass. The person( s) to whom this HP A is issued may be held liable for any loss or damage to fish life or fish habitat which results from failureto comply with the provisions of this HPA. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All HPAs issued pursuant to RCW 75,20,100 or 75.20.160 are subject to additional restrictions, conditions orrevocation if the Department ofFish and Wildlife determines that new biological or physical information indicates the need for such action, The permittee has the right pursuant to Chapter 34,04 RCW to appeal such decisions. All HPAs issued pursuant to RCW 75,20,103 may be modified by the Department ofFish and Wildlife due to changed conditions after consultation with the permittee: PROVIDED HOWEVER, that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 75,20.130, APPEALS-GENERALINFO~ATION IF YOU WISH TO APPEAL A DENIAL OF OR CONDITIONS PROVIDED IN A HYDRAULIC PROJECT APPROVAL, THERE ARE INFORMAL AND FORMAL APPEAL PROCESSES AVAILABLE. A. INFORMAL APPEALS (WAC 220-110-340) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20,100, 75,20.103,75.20.106, AND 75.20,160: 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 HP A, or the conditions or provisions made part of a HP A; or (B) An order imposing civil penalties. It is recommended that an aggrieved party contact the Area Habitat Biologist and discuss the concerns. Most prol;>lems are resolved at this level, but if not, you may elevate your concerns to his/her supervisor. A request for an INFORMAL REVIEW shall be in WRITING to the Department ofFish and Wildlife, 600 Capitol Way North, Olympia, Washington 98501-1091 and shall be RECEIVED by the Department within 30-days of the denial or issuance of a HP A or receipt of an order imposing civil penalties. The 30-day time requirement may be stayed by the Department if negotiations are occurring between the aggrieved party and the Area Habitat Biologist and/or his/her supervisor, The Habitat Protection Services Division Manager or his/her designee shall conduct a review and recommend a decision to the Director or its designee, If you are not satisfied with the results of this informal appeal, a formal appeal may be filed. Page 3 of 4 LOGITE~ # -Zo .. ----. Page ~Of-!/- dI;:~ ~WILDUFE DATE OF ISSUE: ~, R .JRAULIC PROJECT APPRO) AL RCW 75.20.100 or RCW 75.20.108 /--..", State of Washington Department of Fish and Wildlife Region 7 Office 600 Capitol Way North, MS 3155 Olympia, Washington 9850H09I September 12. 2000 LOG NUMBER: 00E2297.02 B, FORMAL APPEALS (WAC 220-110-350) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75,20.100 OR 75.20,106: A person who is aggrieved or adversely affected by the following Department actions may request an formal review of: (A) The denial or issuance of a HP A, or the conditions or provisions made part of a HP A; (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 ofFish and Wildlife, 600 Capitol Way North, Olympia, Washington 98501-1091, shall be plainly labeled as "REQUEST FOR FORMAL APPEAL" and shall be RECEIVED DURING OFFICE HOURS by the Department within 30-days of the Department action that is being challenged, The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, the deadline for requesting a formal appeal shall be within 30-days of the date of the Department's written decision in response to the informal appeal. C, FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20,103 or 75.20.160: A person who is aggrieved or adversely affected by the denial or issuance of a HP A, or the conditions or provisions made part of a HPA may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office, 4224 Sixth Avenue SE, Building Two - Rowe Six, Lacey, Washington 98504; telephone 360/459-6327. D, FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS RESULTS IN FORFEITURE OF ALL APPEAL RIGHTS. IF THERE IS NO TIMELY REQUEST FOR AN APPEAL, THE DEPARTMENT ACTION SHALL BE FINAL AND UNAPPEALABLE. LOG ITEM # ~C) Page LOfL .,t-' Page 4 of 4