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Home My WebLink AboutReport 1CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: December 2, 2009 To: City Clerk's Office From: City Of Renton Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. I Project Name: Black River Pump Station Temporary Flood Protection LUA-09-148, SME ! LUA (file) Number: , j Cross-References: g AKA's: R i Project Manager: Jennifer Henning 1--------------------------------------,! I Acceptance Date: November 9, 2009 ij Applicant: City of Renton l Owner: Same as applicant ii r Contact: Susan McCarthy, King County Water & Land Resources Division '------------------------------------1 1 PID Number: 3779200090, 3779200119, 7229500281, 7229500310, I 1323049080, 1423049008 1------------------------------------I I ERC Decision Date: ' ERC Appeal Date: November 9, 2009 , I Administrative Approval: . Appeal Period Ends: l--'...,;;_----------------------------------1 ! Public Hearing Date: i Date Appealed to HEX: I By Whom: I HEX Decision: Date: I I. Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: I Project Description: King County proposes to place HESCO Bastion Concertainers, Ecology I blocks, and super sacks (large sand bags) on both banks of the Black River, downstream of the , Black River Pump Station, for temporary flood protection. + Location: Black River Pump Station Comments: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT City of PLANNING DIVISION CERTIFICATE OF EXEMPTION FROM SHORELINE SUBSTANTIAL DEVELOPMENT EVALUATION FORM & DECISION DATE OF PERMIT ISSUANCE: LAND USE ACTION FILE NO.: PROJECT NAME: PROJECT MANAGER: OWNER/APPLICANT: CONTACT (if other than Owner): PROJECT LOCATION: LEGAL DESCRIPTION: SEC-TWN-R: WATER BODY/WETLAND: November 9, 2009 LUA09-148, SME Black River Pump Station Temporary Flood Protection Jennifer Henning, Current Planning Manager City of Renton 1055 South Grady Way Renton,WA 98057 Susan McCarthy, Senior Ecologist King County Water & Land Resources Division 201 Jackson Street, Suite 600 Seattle, WA 98104 550 Monster Road King County APN: 3779200090, 3779200119, 7229500281, 7229500310, 1323049080,1423049008 SEC I~-TWN 23 N -R 4 E Black River PROPOSAL DESCRIPTION: King County proposes to place HESCO Bastion Concertainers, Ecology blocks, and super sacks (large sand bags) on both banks of the Black River, downstream of the Black River Pump Station, for temporary flood protection. The maximum height of the measures would be 4 feet. The applicant anticipates that the flood protection measures will be in place until the repair of the Howard Hanson Dam is accomplished. The proposed measures will help to reduce the risk of floodwaters from the City of Renton Deportment of Commu Economic Development Block River Pump Station Temporary Flood Protection Certificate of Exem . ,. from Shoreline Substantial Development LUA09-148, SM£ DATE OF PERMIT: November 9, 2009 Page 2 of 3 Green River backing up into the Black River and overtopping the river banks. This overtopping would compromise the ability of the Black River Pump Station to effectively pump floodwater downstream and back into the Green River. HESCO's would be installed on the west side of 68th Ave South, along the existing path/road. Ecology block would be installed along the north (right) bank of the Black River and would also allow the pump station operators to safely exit the facility in the event of the large flood. Super sacks would be used to anchor the ends of both the Ecology block and HESCO walls. A total of 120 cubic yards of sand would be used to fill both the HESCO and super sacks. No trees would be removed for the project; however, grass and Himalayan blackberry would be removed in the area of installation in order to provide for an adequate seal below the HESCO containers. Installation would occur no closer than 50 feet to the Ordinary High Water Mark (OHWM). Once the Howard Hanson Dam has been repaired, the flood control measures would be removed and the area restored. Fish are not likely to be affected by this project due to the distance from the OHWM, as well as the short duration of installation. Great blue heron and bald eagle may be impacted on a short term basis during installation as the result of construction noise. The project is from State Environmental Policy Act (SEPA) per WAC 197-11-880, in that it is considered an "action that must be undertaken immediately or within a time too short to allow full compliance with this chapter, to avoid an imminent threat to public health or safety [and] to prevent an imminent danger to public or private property ... " Hydraulic Permit Approval has been applied for from WDFW. An exemption from a Shoreline Management Substantial Development Permit is hereby granted on the proposed project in accordance with RMC 4-9-190.C.5. and/or for the following reason(s): 5. Emergency construction necessary to protect property from damage by the elements. a. An "emergency" is an unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time too short to allow for full compliance with this program. b. Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed to be the appropriate means to address the emergency situation, upon abatement of the emergency situation, the new structure shall be removed or any permit which would have been required, absent an emergency, pursuant to chapter 90.58 RCW, chapter 17-27 WAC or this Shoreline Program shall be obtained. c. All emergency construction shall be consistent with the policies of chapter 90.58 RCW and this Program. d. In general, flooding or other seasonal events that can be anticipated and may occur, but that are not imminent are not an emergency. City of Renton Department of Commu1 . Economic Development Certificate of Exem. . from Shoreline Substantial Development Black River Pump Station Temporary Flood Protection LUA09-148, SME DATE OF PERMIT: November 9, 2009 Page3of3 The proposed development is consistent or inconsistent with (check one): CONSISTENT INCONSISTENT xx N/A xx \/ .. • C. E. "Chip" Vincent, Planning Director Planning Division Attachments: Vicinity/Neighborhood Detail Map Site Plan cc: Owner/Applicant Contact City of Renton Official File Policies of the Shoreline Management Act. The guidelines of the Department of Ecology where no Master Program has been finally approved or adapted by the Department. The City of Renton Shoreline Master Program. Date S 1J?adSt N ---t.l r;.;i 0 ""' ./ .:i:: ~~ z ,,., N E- ""' --... E2 -12 T23N R4E W l/2 S ;?H:t, S: s 129lr St -5 Langsto, Rd .. ~ 133rd St S 135th s: --------· -----··-~-----------_____ .. _ ZONING PW TECH'.\'ICA I. SF.R\ "l('F:S 07/15108 RM-F 0 200 400 1-W IF,et 1:4,800 --... _ R-10 .,c co F2 13 T23N R4E W 1/2 4313 "'l N .... (,;, .., N w z :.0 "'" t,j t,j .... ;:. N ~ 1 -------------" i ,' i •.. I . I , . I 1J l ,::: / i" l i:,..z • i ~~: • ' t:s:.: ( ! '(..l~ .. i . i ' r ! I i 11111' ------- !! ' ~. ------- ' & ; ·-.. ~ ! ' .. ·· _.,-·J .-··. ~·"' ' .... " I "'-~ 'l ' .. ~ f, 11 :: . ' ;:'.: . I~· =:'1 \t' ::• ·: r~ '} ,I:: cir-"I • l ~~·~~ '• ~ 1 t 1 "'": :-,.J ' . -:ii ::-1 ;• . , ', ' ,. Lj f:I City of Renton f'_:l LAND USE PERMIT ~ MASTER APPLICATION ~=~= .. ·--~--------------------a L = PROPERTY OWNER($) --------- TELEPHONE NUMBER (Cf'I'.) )1f30· (oloC{) APPLICANT (if other than owner) N,>MF ':::"""v, \WC."' 11-,-.1 . ~r,:,D, t_c()lo\,'o.1 . . ¥..in°', u,u n h/ \,x,J IL , ~. COMPANY (1fappl1cable). Lo-1"'6 W.Y''-'~C.Q'o 1),vi<c.iDvl CONTACT PERSON COM?ANY {if applicable): ADDRESS: i CITY ZIP: ---~------··-----------' ' i Tf'I t:PHONE NUMBER AND EMAlc ADDRcSS I PROJECT INFORMATION I PROJECT OR DEVELOPlv'FNT NAMF \', ln-c.\'.. \2-1 ~ Q ( ?""'\> S10.hD<, l"sn,yo,,"'i fta.:Gr:f;t,\-e..ct·, c», I PRO-JECT/ADDRESS(S)/LOCATION AND ZIP CODE. ; "':f":;O (Y\on'i:,·hx #. , K..D,ibri, U0P, C\ZCf::01 KING COUNTY ASSESSOR'S ACCOUNT NUMGER(S) °")1 l '\ 1..00D"\ () , 'c,ll"\ 1.c-'X:il I"\ , <'J~/ Q c.)_ (Ll'('. \ '"l •y, 0 rc.r•[ ·C2,\ () l ,--\ _J.........} -' l ;,-~-\ ---"-~"'-" '----' i 17:,7"'::,0'19 D'6D .. l'-17'::oO'-I crooi'::, EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: ; PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION i (if applicable) ~ 1 / A ' EXISTING ZONING N'...-(. P ) , P.(__ , I fY-1 I _PROPOSED ZONING (if app:~:) r-, / A I SITEAR~(ins~:arefeet) oLl~~~- SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: /..)IA SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS 'Cf-I 00 V't 1- -------- PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable) µ j A !~-------·----~-----------1 NUMBER OF PROPOSED LOTS (if applicable) f-.) I A NUMBER OF NEW DWELLING UNITS (1f a-pplicab~--1 u/A • PROJECT INFORMATION (continued) ---. ----. ----- , NUMBER OF EXISTING DWELLING UNITS (if applicable) ' t--')P, SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable) t-co/ (\ SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): w/ fl ----- SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable) µ/A SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (1f applicable) N / A NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): N / f\ ' _J -------·-·---- NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (1f applicable): \\.\ / f\ cc IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable) D AQUIFIER PROTECTION AREA ONE D AQUIFIER PROTECTION AREA TWO D FLOOD HAZARD AREA sq. ft. D GEOLOGIC HAZARD ___ sq. ft. D HABITAT CONSERVATION sq. ft iJY'sHORELINE STREAMS & LAKES 'u--lffiq ft D WETLANDS sq. ft. r -. --~Attach leaal desc~~t~~~n ~~o:~:l:h:~~:t~~~~~:i~Ri~rmation included) [ I SITUATE IN THE 'f:>E QUARTER OF SECTION I::>, TOWNSHIP 23 N, RANGE Lf[_ , IN THE CITY OF RENTON, KING COUNTY, WASHINGTON TYPE OF APPLICATION & FEES List all land use applications being appliecl for: 1. 2. 3. 4. I Staff will calculate applicable fees and postage: $ _____ _ [.:=. .. ~· AFFIDAVIT OF OWNERSHIP '1>,ni.e. I i _ "-'t . , ' I, (Print Name/s) 1..L±'s_.:...:..:..=::s_L±L\ __ ______ ·.\ ___ ··· ____ .declare under penalty of perjury under the laws of the State of Washington that 1 ;)rn 1r;i:l:1:;r. chec:< 011ef' !he: cL1rren1 owner of lhc property involved in this application or ......--lhe authorized representative to ac1 for a corporation (please attach proof of authorization) and that ihe foregoing statements and answers herein contained and the information herewith are in c.111 respects true and correct to the t:est of my kno.vledge and belief. ·. \ I '. ' .. .. . ., •. -__ j_ __ , -----~---- :S1·:11°.-11urc oi u,,;r1,;c/i{e;1fe:::.cnt;ilivei I certify that I know or have satisfactory evidence that -¥~r>i>!l.lS~!'.'._'!r:f- signed this instrument and acknowledge ii lo be his/her/their free and volunta act for the uses and purposes mentioned in the instrument ,,\\\\\\• s-'-t\NN H?•,, ::-(l0..'. ·--~"\lt)lt1--~'." -,~,,, ;.l ,,',_. 0 .i, . -~ ~'!-' "':; 1 .•,i, -·. T~-·,. ·!£ ~ ~ Notary(Print) 'f\r.Jo,e C .i...,vw,Uo~~ ~,c, --.~i ~~.,\~<-19.\C#'"-oz ,\1v ;,pp01ntr,;1.::1! c:)l.f:;res __ ~ .. J_'i, .. __ \ 0 "''IJ,,>;. ;•~I\\\""';~'"$ 111, -"' 'iNAS '""'' LH\\\\\''' ·,/.'·.!·/ City of Renton Shoreline Exemption -Application Materials Project Narrative Name: Black River Pump Station Temporary Flood Protection Size: 1326 LF, 204 CY temporary fill Location: right and left banks of the Black River, downstream of the pump station Background: The Black River Pump Station was initially constructed in 1971. The Black River Pump Station consists of a dam across the historic Black River channel and eight pumps that sit atop the dam. The dam prevents flooding of the levee-protected area in the northeast portion of the lower Green River valley that would otherwise backflow via the Black River Channel. The pumps convey Springbrook Creek and flows from local drainages system from the landward side of the levee system to the Green River via the Black River Channel. The Howard Hanson Dam, which provides flood control for the lower Green River Valley has structural deficiencies ( discovered in January 2009) which has caused the Army Corps of Engineers to enforce pool restrictions. This is likely to result in increased flood flows in the Green River, which have the potential to overtop and/or damage the existing levee system on the lower Green River. Proposed Project Description: King County proposes to place HESCO Bastion Concertainers (www.hcsco.com), Ecology blocks, and super sacks (large sandbags) on both banks of the Black River ( downstream of the Black River Pump Station) for temporary flood protection until the Howard Hanson Dam is repaired. The alignment will help reduce the risk of floodwaters backing up into the Black River and ove11opping the river banks. This overtopping would compromise the ability of the Black River Pump Station to effectively pump floodwater downstream and back into the Green River. The Ecology block alignment along the north (right) bank of the Black River will also allow Pump Station operators to safely exit the facility in the event of a large flood. There will be no fill placed in the waterbody. The dimensions of the flood protection structures arc: HESCO -3' length x 3' width x 4' height; Super Sack -3' x 3' x 3 '; Ecology block-6' length x 2' width x 2' height. The total volume of temporary fill in the floodplain will be 204 CY ( 120 CY sand+ 84 CY Ecology blocks). The temporary flood protection will remain in place until a permanent fix is completed at Howard Hanson Dam. Basisfor Exemption: King County requests a Shoreline Exemption from the City of Renton because the project is "emergency construction necessary to protect property from damage by the elements." Dates of Work. November 10-November 30, 2009 Other Permits Required: SEPA -This project is exempt from SEPA compliance under WAC 197-11-880, in that it is considered an "action that must be undertaken immediately or within a time too short to allow full compliance with this chapter, to avoid an imminent threat to public health or safety [and] to prevent an imminent danger to public or private property ... " King County is the lead agency for this project. Hydraulic Project Approval -King County applied for an expedited HP A from the Washington Department offish & Wildlife on November 2, 2009. Current and proposed use of site: The site is currently used for utility, public use, vacant (industrial), vacant (commercial), and right-of-way/utility road. The proposed project will not change these land uses. The City of Tukwila owns Fort Dent Park (which is within Renton's city limits). The City of Renton owns most of the land and the property is undeveloped and mainly covered in invasive plants. Union Pacific Railroad owns the westernmost parcel. Special sitefeatures.· The site is adjacent to the Black River channel (see Habitat and Stream Assessment below). Soils/Drainage: The Ecology blocks on the north (right) bank and HESCOs on the west side of 68'11 Ave S will be placed on existing path/road. The HESCOs on the left bank of the Black River will be placed on an area that appears to be predominantly Puyallup fine sandy loam (NRCS Soil Survey), which is a well-drained soil. J\"one of the flood protection barriers will impede soil drainage. Fair market value: $35,000 Quantity and nature of materials (temporary fill): Ecology blocks -concrete, 84 cubic yards HESCOs/Super Sacks -filled with sand from ICON in Seattle, 120 cubic yards Trees: No trees will be removed as part of this project. Closest distance to OHWM: 50 feet Existing shoreline: riprap and vegetation Project height: The maximum project height is four feet (HESCO). Habitat and Stream Assessment The pump station has minimal vegetation on the property, with the exception of a few trees (but mostly grass and Himalayan blackberry) around the fenceline. The project area is minimally vegetated with a mixture of grass and invasive plant species (primarily Himalayan blackberry). The area upstream of the pump station and the project area is densely vegetated with coniferous and deciduous vegetation, and serves as a Great blue heron rookery. The habitat impacts of this project will be minimal, as we will only clear grass and Himalayan blackberry when necessary to provide for an adequate seal below the BESCO containers. No trees will be removed in the course of this project. The site will be returned to its previous condition and all materials will be removed once a permanent fix at Howard Hanson Dam has been implemented. The HESCOs, Ecology blocks, and Super Sacks will only come in contact with river water during a catastrophic flood event, and are being placed in a set-back position, as opposed to directly on the river bank. Salmon habitat upstream of the pump station is limited by water quality; however, salmonids do migrate up the Black River and through a fish ladder in the pump station and juveniles rear in Springbrook Creek. Bull trout use in this system is unknown; however, Springbrook Creek provides rearing and spawning habitat for threatened Chinook salmon and steelhead. Fish species are not likely to be affected by this project due to the distance from the ordinary high water mark, as well as the short duration of work. However, various bird species ( e.g., bald eagle, great blue heron) may be impacted due to noise and construction disturbance adjacent to nesting and perching habitat. V\iashington Department of FISH and WILDLIFE lRAULIC PROJECT APPROVA RCW 77.55 021 -Appeal Pursuant lo Chapter 34.05 RCW Issue Date: November 04, 2009 Control Number: Project Expiration Date: September 30, 2010 FPA/Public Notice#: North Puget Sound 16018 Mill Creek Boulevard Mill Creek, WA 98012-1296 (425) 775-1311 118968-1 N/A PERMITTEE AUTHORIZED AGENT OR CONTRACTOR King County WLRD River and Floodplain Mgmt ATTENTION: Sarah McCarthy 201 S Jackson St KSC-NR-0600 Seattle, WA 98104-3855 206-263-0492 Fax: 206-205-5134 Project Name: Black River Pump Station Temp. Flood Protection Project Description: Install HESCO boxes, ecology blocks, and supersacks to provide temporary flood protection near the Black River Pump Station at 550 Monster Road in Renton. PROVISIONS 1. The project may begin immediately and shall be completed by September 30, 2010, provided all temporary flood protection materials shall be removed from the site within one year of the date of successful completion of repairs to restore the flood protection function of Howard Hansen Dam. 2. Work shall be accomplished per plans and specifications submitted to and approved by the Washington Department of Fish and Wildlife (WDFW) entitled, "KING COUNTY BLACK RIVER PUMP STATION CONTAINMNT PLAN", dated October 21, 2009, except as modified by this Hydraulic Project Approval. A copy of these plans shall be available on site during construction. 3. Equipment used for this project shall be free of external petroleum-based products while working around the river and wetlands associated with the river. Equipment shall be checked daily for leaks and any necessary repairs shall be completed prior to commencing work activities along the river and wetlands associated with the river. 4. Temporary flood protection shall be installed to ensure its structural integrity up to 100 year peak flows. 5. All waste material such as construction debris, silt, excess dirt or overburden resulting from this project shall be deposited above the limits of floodwater in an approved upland disposal site. 6. Disturbance of the streambed and banks and their associated vegetation shall be limited to that necessary to perform the project. Any affected areas of vegetation which will not be impacted by the permanent project shall be restored to pre-project or improved habitat configuration. Prior to December 31 of the year of flood protection removal, the disturbed areas of vegetation which will be shall be revegetated with native or other woody species approved by the WDFW Area Habitat Biologist (AHB) listed below. Vegetative cuttings shall be planted at a maximum interval of three feet (on center). Plantings shall be maintained as necessary for three years to ensure 80 percent or greater survival of each species or a contingency species approved by the AHB. Page 1 of 4 Washington Depar1ment of FISH and WILDLIFE lRAULIC PROJECT APPROVA RCW 77.55.021 -Appeal Pursuant to Chapter 34.05 RCW Issue Date: November 04, 2009 Control Number: Pro1ect Expiration Date: September 30, 2010 FPNPublic Notice#: Nor1h Puget Sound 16018 Mill Creek Boulevard Mill Creek, WA 98012-1296 (425) 775-1311 118968-1 N/A 7. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), immediate notification shall be made to the Washington Emergency Management Division at 1-800-258-5990, and to the AHB. 8. Erosion control methods shall be used to prevent silt-laden water from entering the river and wetlands associated with the river. 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. 9. Prior to starting work, the selected erosion control methods (Provision 8) shall be installed. Accumulated sediments shall be removed during the project and prior to removing the erosion control methods after completion of work. 10. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, fresh cement, sediments, sediment-laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the river or wetlands associated with the river. PROJECT LOCATIONS Location #1 Downstream from 550 Monster Road I WORK START: November 04, 2009 IWORK END: September 30, 2010 I WRIA: Waterbody: Tributary to: -~ 09.0004 Black River Duwamish River 1 1/4 SEC· Section: Township: Range: Latitude: Longitude: County: ------ SE 1/4 13 23 N 04 E N 47.4754 W 122.24555 King Location #1 Driving Directions APPLY TO ALL HYDRAULIC PROJECT APPROVALS This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW (formerly RCW 77.20). Additional authorization from other public agencies may be necessary for this project. The person(s) to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies (local, state and/or federal) that may be necessary for this project. This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. Page 2 of 4 ' I I I Washington Department of FISH and WILDLIFE lRAULIC PROJECT APPROVA RCW 77.55.021 -Appeal Pursuant to Chapter 34.05 RCW Issue Date: November 04, 2009 Control Number: Project Expiration Date: September 30, 2010 FPNPublic Notice#: North Puget Sound 16018 Mill Creek Boulevard Mill Creek, WA 98012-1296 (425) 775-1311 118968-1 N/A 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. 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; (8) 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 Page 3 of4 Washington Depanrnent of FISH and WILDLIFE I >RAULIC PROJECT APPROVA RCVV 77.55.021 -Appeal Pursuant to Chapter 34.05 RCW Issue Date: November 04, 2009 Control Number: Pro1ect Expiration Date: September 30, 2010 FPNPublic Notice#: North Puget Sound 16018 Mill Creek Boulevard Mill Creek, WA 98012-1296 (425)775-1311 118968-1 N/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 Chandler (34) P2 ! Habitat Biologist : Larry Fisher CC: 425-313-5683 for Director WDFW Page 4 of4