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HomeMy WebLinkAboutHPA 2018-4-516+02 for APP ID 15366PERMITTEE AUTHORIZED AGENT OR CONTRACTOR SECO Development, Inc.The Watershed Company ATTENTION: Rocale Timmons ATTENTION: Kenny Booth 1083 Lake Washington Blvd. N Suite 50 750 6th St S Renton, WA 98056 Kirkland, WA 98033-6715 Project Name:Southport Bulkhead Repair and Float Installation Project Description:The purpose of the proposed project is to repair the deteriorating bulkhead. Other work includes finger pier removal, float installation, derelict piling removal, and the creation of a beach cove. PROVISIONS 1. This STANDARD Hydraulic Project Approval (HPA) is issued for the repair and modification of an existing bulkhead and shoreline structure, involving removal of derelict pilings and other derelict structural components; addition of steel sheet piles along the waterward edge of the existing bulkhead (not to extend beyond the existing bulkhead footprint); filling of the area behind the repaired bulkhead with concrete; installation of new navigational/marker buoys; removal of finger piers and dolphins, not to be replaced; and installation of two new floats with 40% grated decking and anchored with piles. To benefit fish life, a shoreline cove will be created with rounded supplemental gravel and a native riparian planting plan. TIMING - PLANS - INVASIVE SPECIES CONTROL 2. TIMING LIMITATION: You may begin the project immediately and you must complete the project by July 16, 2023, provided that work below the OHWL is only performed between July 16 through July 31 AND November 16 through December 31 of a given year. NOTE: This project takes place within a half mile of the mouth of the Cedar River, a significant migratory pathway for salmonids. 3. APPROVED PLANS: You must accomplish the work per plans and specifications submitted with the application and approved by the Washington Department of Fish and Wildlife, except as modified by this Hydraulic Project Approval. You must have a copy of these plans available on site during all phases of the project construction. 4. INVASIVE SPECIES CONTROL: Follow Level 1 Decontamination protocol for low risk locations. Thoroughly remove visible dirt and organic debris from all equipment and gear (including drive mechanisms, wheels, tires, tracks, buckets and undercarriage) before arriving and leaving the job site to prevent the transport and introduction of invasive species. Properly dispose of any water and chemicals used to clean gear and equipment. For contaminated or high risk sites please refer to the Level 2 Decontamination protocol. You can find this and additional information in the Washington Department of Fish and Wildlife's "Invasive Species Management Protocols", available online at http://wdfw.wa.gov/publications/search.php?Cat=Aquatic Invasive Species. NOTIFICATION REQUIREMENTS 5. POST-CONSTRUCTION NOTIFICATION: You, your agent, or contractor must contact the Washington Department of Fish and Wildlife by e-mail at HPAapplications@dfw.wa.gov; mail to Post Office Box 43234, Olympia, Washington 98504-3234; or fax to (360) 902-2946 within thirty days after completing the work. The notification must include the permit number and photographs of the completed project site. The Washington Department of Fish and Wildlife may Page 1 of 7 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2018-4-516+02 FPA/Public Notice Number: N/A Application ID: 15366 Project End Date: July 16, 2023 Issued Date: May 14, 2020 conduct inspections after construction; however, the Washington Department of Fish and Wildlife will notify you or your agent before conducting the inspection. 6. FISH KILL/ WATER QUALITY PROBLEM NOTIFICATION: If a fish kill occurs or fish are observed in distress at the job site, immediately stop all activities causing harm. Immediately notify the Washington Department of Fish and Wildlife of the problem. If the likely cause of the fish kill or fish distress is related to water quality, also notify the Washington Military Department Emergency Management Division at 1-800-258-5990. Activities related to the fish kill or fish distress must not resume until the Washington Department of Fish and Wildlife gives approval. The Washington Department of Fish and Wildlife may require additional measures to mitigate impacts. STAGING, JOB SITE ACCESS, AND EQUIPMENT 7. Clearly mark boundaries to establish the limit of work associated with site access and construction. 8. Retain all natural habitat features on the bed or banks including large woody material and boulders. You may move these natural habitat features during construction but you must place them near the preproject location before leaving the job site. 9. Station and operate equipment used for this project landward of the ordinary high water line or on a construction barge. 10. Check equipment daily for leaks and complete any required repairs in an upland location before using the equipment in or near the water. 11. Use environmentally acceptable lubricants composed of biodegradable base oils such as vegetable oils, synthetic esters, and polyalkylene glycols in equipment operated in or near the water. 12. Operate and anchor vessels and barges during construction in a manner that protects native aquatic vegetation and prevents grounding. CONSTRUCTION-RELATED SEDIMENT, EROSION AND POLLUTION CONTAINMENT 13. Install a containment boom/turbidity curtain so that it surrounds the construction area for the duration of the project. 14. All erosion control materials that will remain onsite must be composed of 100% biodegradable materials. 15. Prevent project contaminants, such as petroleum products, hydraulic fluid, fresh concrete, sediments, sediment- laden water, chemicals, or any other toxic or harmful materials, from entering or leaching into waters of the state. 16. Use tarps or other methods to prevent treated wood, sawdust, trimmings, drill shavings and other debris from contacting the bed or waters of the state. 17. Deposit all trash from the project at an appropriate upland disposal location. CONSTRUCTION MATERIALS 18. To prevent leaching, construct forms to contain any wet concrete. Place impervious material over wet concrete that will come in contact with waters of the state. Forms and impervious materials must remain in place until the concrete is cured. 19. Do not use wood treated with oil-type preservatives (creosote, pentachlorophenol) in any hydraulic project. You may use wood treated with waterborne preservatives (ACZA, ACQ) provided the wood is approved by the Western Wood Preservers Institute for use in the aquatic environment. Any use of treated wood in the aquatic environment must follow guidelines and best management practices available at www.wwpinstitute.org. LAKE SHORELINE STABILIZATION 20. This approval is for the reinforcement, via sheet pile installation, of approximately 500 linear feet of existing bulkhead structure and does not authorize expansion of the structure in any direction. 21. Ensure that the steel sheet piles are securely installed before beginning concrete work. Monitor the project area during all aspects of concrete pouring to ensure that no leaking or leaching concrete enters Lake Washington. If leaking Page 2 of 7 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2018-4-516+02 FPA/Public Notice Number: N/A Application ID: 15366 Project End Date: July 16, 2023 Issued Date: May 14, 2020 or leaching occurs, immediately cease project activities, secure the weak area, and refer to Provision 6. PIER, RAMP, AND FLOAT 22. Remove and do not replace the two finger piers, dolphins, and associated materials, as shown on Sheet 4 of 12. 23. Prior to float construction, establish the ramp and float centerlines using the same methodology used to establish the centerline on the construction drawings to avoid shading native aquatic vegetation. 24. The western float structure must not exceed a total length of 83 feet and a total width of 8 feet, as shown on sheet 6 of 12. The eastern float structure must not exceed a total length of 120 feet; a total width of 8 feet must not be exceeded at any point on the structure, as shown on sheet 7 of 12. The ramps on both float structures must not exceed 4.75 feet in width. 25. All float and ramp structures must include functional grating over the entirety of each structure. The grating material's open area must be at least forty percent. Any objects that are not part of the structure on, above, or below the grating should not block light penetration. 26. Fully enclose and contain flotation for the structure in a shell (tub) or 20 - 25 mm polyethylene or polyurethane wrap. The shell or wrap must prevent breakup or loss of the flotation material into the water. The shell or wrap must not be readily subject to damage by ultraviolet radiation and abrasion. 27. Do not construct skirting or batter fencing around the floats. 28. Use of treated wood for decking is not authorized, but may be used for structural elements. Treated wood subject to abrasion by vessels, floats, or other objects must incorporate approved design features such as rub strips to minimize abrasion of the wood. 29. Use two internal 12" piles and four 12" external piles to secure the floats, as shown in the approved plans. 30. Fit all pilings with devices to prevent perching by fish-eating birds. BUOY CONSTRUCTION 31. Design and locate the buoy anchoring systems to avoid damage to native aquatic vegetation. 32. An embedded anchor must be used for all buoys. 33. Design the buoy system with a mid-water float(s) so that anchor lines do not drag. 34. The buoys must have shells that are resistant to ultraviolet radiation (sunlight) and abrasion caused by rubbing against vessels, the bed, and/or waterborne debris. PILE REMOVAL, DRIVING 35. Remove the 114 existing pilings, as shown on sheets 4/5 of 12. Dispose of them in an appropriate upland area. Do not replace any of these pilings. 36. Piling removal: a. Vibratory or direct pull extraction is the preferred method of pile removal. b. Place the piling on a construction barge or other dry storage site after the piling is removed. The piling must not be shaken, hosed off, left hanging to dry or any other action intended to clean or remove adhering material from the piling near waters of the state. c. If a treated wood piling breaks during extraction, remove the stump from the water column by fully extracting. If the stump cannot be fully extracted, remove the remainder of the stump with a clamshell bucket, chain, or similar means, or cut it off three feet below the mudline. Cap all buried cut stumps and fill holes left by piling extraction with clean sediment that matches the native material. d. When removing creosote piling, containment booms and absorbent booms (or other oil absorbent fabric) must be placed around the perimeter of the work area to capture wood debris, oil, and other materials released into marine waters as a result of construction activities to remove creosote pilings. All debris on the bed and accumulated in Page 3 of 7 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2018-4-516+02 FPA/Public Notice Number: N/A Application ID: 15366 Project End Date: July 16, 2023 Issued Date: May 14, 2020 LOCATION #1:Site Name: Lake Washington 1083 Lake Washington Blvd N 98055, Renton, WA 98055 WORK START:July 17, 2018 WORK END:July 16, 2023 containments structures must be collected and disposed upland at an approved disposal site. 37. As specified in the approved plans, the 4 proposed pilings must be 8 ±inch diameter steel pilings for the ramps and two internal 12" piles and four 12" external piles to secure the floats, as shown in the approved plans. 38. The use of a vibratory and/or an impact hammer, or a water jet, is authorized for piling installation under this Hydraulic Project Approval, however a vibratory driver is preferred. 39. For driving or proofing steel piling, 10 inches in diameter or less, install a 6 inch thick wood block, plastic or rubber between the piling and the impact hammer during impact pile driving operations or install a pile sleeve or bubble curtain around the piling during impact pile driving operations that distributes air bubbles around 100% of the perimeter of the piling over the full depth of the water column. 40. To avoid attracting fish to artificial light at night, limit impact pile driving to daylight hours whenever feasible. SHORELINE ENHANCEMENT 41. Stub the approximately 51 pilings as shown in the document "Piling Removal.pdf". Per the document, piles must be stubbed such that they remain buried under the restored shoreline and there is no risk of exposure or erosion of these piles due to wave action or human activities. 42. Boulders and large wood leading into the beach cove must not be placed at a depth greater than 2 feet as measured vertically from the OHWL elevation. 43. Anchor large wood so that it remains stable and functional. 44. This HPA authorizes up to 400 cubic yards of washed, well rounded gravels to be placed in the beach cove. (Per email communication uploaded to APPs and titled "FW_ Southport Bulkhead and Piers Renton.pdf", 300 cubic yards will be placed intially, and up to 25 cubic yards may be placed annually over the life of the permit.) Gravels must meet the specifications outlined on the aforementioned pdf document. The applicant is also authorized to install up to 25 cubic yards of sand, provided that sand is only placed above the OHWL. 45. Plant the job site with the native plant species composition and planting densities outlined in the uploaded project documents. Specifically, the planting plan must include at least 160 square of emergent vegetation and 415 square of upland native plantings, including at least 2 native trees. 46. Complete replanting of riparian vegetation during the first dormant season (late fall through late winter) after project completion per the approved plan. Maintain plantings for at least five years (the life of this permit) to ensure planting survival. Replace any dead or dying plants as needed. 47. Install fencing or other structures to prevent wildlife or unauthorized persons from accessing the replanted riparian sites until the plantings are well established. DEMOBILIZATION AND CLEANUP 48. Upon completion of the project, remove all materials or equipment from the site and dispose of all excess spoils and waste materials in an appropriate upland disposal location. 49. Backfill any trenches, depressions, or holes in the bed that were the result of project actions. 50. Remove temporary erosion and sediment control methods after job site is stabilized or within three months of project completion, whichever is sooner. 51. NOTE: This is a modification to the original HPA and supersedes all prior HPA's for application ID:15366. Page 4 of 7 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2018-4-516+02 FPA/Public Notice Number: N/A Application ID: 15366 Project End Date: July 16, 2023 Issued Date: May 14, 2020 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. 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 civil action against you, including, but not limited to, a stop work order or notice to comply, and/or a gross misdemeanor criminal charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued under RCW 77.55.021 are subject to additional restrictions, conditions, or revocation if the Department of Fish and Wildlife determines that changed conditions require such action. The person(s) to whom this Hydraulic Project Approval is issued has the right to appeal those decisions. Procedures for filing appeals are listed below. WRIA Waterbody:Tributary to: 08 - Cedar - Sammamish Lake Washington Ship Canal 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 08 23 N 05 E 47.502806 -122.205247 King Location #1 Driving Directions Page 5 of 7 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2018-4-516+02 FPA/Public Notice Number: N/A Application ID: 15366 Project End Date: July 16, 2023 Issued Date: May 14, 2020 MINOR MODIFICATIONS TO THIS HPA: You may request approval of minor modifications to the required work timing or to the plans and specifications approved in this HPA unless this is a General HPA. If this is a General HPA you must use the Major Modification process described below. Any approved minor modification will require issuance of a letter documenting the approval. A minor modification to the required work timing means any change to the work start or end dates of the current work season to enable project or work phase completion. Minor modifications will be approved only if spawning or incubating fish are not present within the vicinity of the project. You may request subsequent minor modifications to the required work timing. A minor modification of the plans and specifications means any changes in the materials, characteristics or construction of your project that does not alter the project's impact to fish life or habitat and does not require a change in the provisions of the HPA to mitigate the impacts of the modification. If you originally applied for your HPA through the online Aquatic Protection Permitting System (APPS), you may request a minor modification through APPS. A link to APPS is at http://wdfw.wa.gov/licensing/hpa/. If you did not use APPS you must submit a written request that clearly indicates you are seeking a minor modification to an existing HPA. Written requests must include the name of the applicant, the name of the authorized agent if one is acting for the applicant, the APP ID number of the HPA, the date issued, the permitting biologist, the requested changes to the HPA, the reason for the requested change, the date of the request, and the requestor's signature. Send by mail to: Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234, or by email to HPAapplications@dfw.wa.gov. You should allow up to 45 days for the department to process your request. MAJOR MODIFICATIONS TO THIS HPA: You may request approval of major modifications to any aspect of your HPA. Any approved change other than a minor modification to your HPA will require issuance of a new HPA. If you originally applied for your HPA through the online Aquatic Protection Permitting System (APPS), you may request a major modification through APPS. A link to APPS is at http://wdfw.wa.gov/licensing/hpa/. If you did not use APPS you must submit a written request that clearly indicates you are requesting a major modification to an existing HPA. Written requests must include the name of the applicant, the name of the authorized agent if one is acting for the applicant, the APP ID number of the HPA, the date issued, the permitting biologist, the requested changes to the HPA, the reason for the requested change, the date of the request, and the requestor's signature. Send your written request by mail to: Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234. You may email your request for a major modification to HPAapplications@dfw.wa.gov. You should allow up to 45 days for the department to process your request. APPEALS INFORMATION If you wish to appeal the issuance, denial, conditioning, or modification of a Hydraulic Project Approval (HPA), Washington Department of Fish and Wildlife (WDFW) recommends that you first contact the department employee who issued or denied the HPA to discuss your concerns. Such a discussion may resolve your concerns without the need for further appeal action. If you proceed with an appeal, you may request an informal or formal appeal. WDFW encourages you to take advantage of the informal appeal process before initiating a formal appeal. The informal appeal process includes a review by department management of the HPA or denial and often resolves issues faster and with less legal complexity than the formal appeal process. If the informal appeal process does not resolve your concerns, you may advance your appeal to the formal process. You may contact the HPA Appeals Coordinator at (360) 902-2534 for more information. A. INFORMAL APPEALS: WAC 220-660-460 is the rule describing how to request an informal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete informal appeal procedures. The following information summarizes that rule. Page 6 of 7 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2018-4-516+02 FPA/Public Notice Number: N/A Application ID: 15366 Project End Date: July 16, 2023 Issued Date: May 14, 2020 A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request an informal appeal of that action. You must send your request to WDFW by mail to the HPA Appeals Coordinator, Department of Fish and Wildlife, Habitat Program, PO Box 43234, Olympia, Washington 98504-3234; e-mail to HPAapplications@dfw.wa.gov; fax to (360) 902-2946; or hand-delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. WDFW must receive your request within 30 days from the date you receive notice of the decision. If you agree, and you applied for the HPA, resolution of the appeal may be facilitated through an informal conference with the WDFW employee responsible for the decision and a supervisor. If a resolution is not reached through the informal conference, or you are not the person who applied for the HPA, the HPA Appeals Coordinator or designee may conduct an informal hearing or review and recommend a decision to the Director or designee. If you are not satisfied with the results of the informal appeal, you may file a request for a formal appeal. B. FORMAL APPEALS: WAC 220-660-470 is the rule describing how to request a formal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete formal appeal procedures. The following information summarizes that rule. A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request a formal appeal of that action. You must send your request for a formal appeal to the clerk of the Pollution Control Hearings Boards and serve a copy on WDFW within 30 days from the date you receive notice of the decision. You may serve WDFW by mail to the HPA Appeals Coordinator, Department of Fish and Wildlife, Habitat Program, PO Box 43234, Olympia, Washington 98504-3234; e-mail to HPAapplications@dfw.wa.gov; fax to (360) 902-2946; or hand-delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, you may request a formal appeal within 30 days from the date you receive the Director's or designee's written decision in response to the informal appeal. C. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS: If there is no timely request for an appeal, the WDFW action shall be final and unappealable. Habitat Biologist Ezekiel.Rohloff@dfw.wa.gov for Director WDFWEzekiel Rohloff 425-420-0601 Page 7 of 7 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2018-4-516+02 FPA/Public Notice Number: N/A Application ID: 15366 Project End Date: July 16, 2023 Issued Date: May 14, 2020