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HomeMy WebLinkAboutRS_HPA exp 8-7-21PERMITTEE AUTHORIZED AGENT OR CONTRACTOR King County Drainage District No. 1 The Abbey Road Group Land Development Services Company LLC ATTENTION: Morgan Llewellyn ATTENTION: Gil Hulsmann PO Box 297 PO Box 1224 Kent, WA 98302 Puyallup, WA 97371 Project Name:King County Drainage District No. 1 Project Description:The proposed work consists of cutting vegetation and enhancement planting along an estimated 66,359 lineal feet (12.5 miles) along portions of Garrison Creek, Mill Creek, and Springbrook Creek. Brush cutting activities will include cutting existing vegetation from the edge of the existing waterway and removal of (brush cutting) waste material to an approved waste site. Remove invasive plants (primarily reed canary grass and blackberries) within 10 lateral feet of the low flow channels and debris within 25 feet of culvert inlets and restore native woody vegetation landward of the 10 foot "clearing limits" in the Springbrook Creek and Mill Creek Drainage. PROVISIONS 1. TIMING LIMITATION: You may begin the project immediately and you must complete the project by August 7, 2021, provided that vegetation removal shall occur only between September 15 and December 31. 2. 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 entitled, "2016 BRUSH CUTTING AREA", dated May 2, 2016; "KING COUNTY DRAINAGE DISTRICT #1 TYPICAL CHANNEL SECTION", dated May 2, 2016; and "KING COUNTY DRAINAGE DISTRICT NO. 1 ENHANCEMENT PLAN", dated June 26, 2006, except as modified by this Hydraulic Project Approval (HPA). You must have a copy of these plans and this HPA available on site during all phases of the project proposal. 3. INVASIVE SPECIES CONTROL: Thoroughly clean all equipment and gear before arriving and leaving the job site to prevent the transport and introduction of aquatic invasive species. Properly dispose of any water and chemicals used to clean gear and equipment. You can find additional information in the Washington Department of Fish and Wildlife's Invasive Species Management Protocols (November 2012), available online at http://wdfw.wa.gov/publications/01490/wdfw01490.pdf. 4. 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 Habitat Biologist at 425-313-5683 or 425-449-6790 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 5. Establish staging areas (used for equipment storage, vehicle storage, fueling, servicing, and hazardous material Page 1 of 5 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2016-4-597+01 FPA/Public Notice Number: N/A Application ID: 8611 Project End Date: August 07, 2021 Issued Date: August 08, 2016 LOCATION #1:Site Name: Garrison Creek , , WA WORK START:August 8, 2016 WORK END:August 7, 2021 WRIA Waterbody:Tributary to: 09 - Duwamish - Green Garrison Creek Spring Brook Creek 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 07 22 N 05 E 47.422572 -122.221849 King Location #1 Driving Directions LOCATION #2:Site Name: Mill Creek Reach , , WA WORK START:August 8, 2016 WORK END:August 7, 2021 WRIA Waterbody:Tributary to: 09 - Duwamish - Green Mill Creek (Kent)Spring Brook Creek 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 13 22 N 04 E 47.38768 -122.23746 King storage) in a location and manner that will prevent contaminants such as petroleum products, hydraulic fluid, fresh concrete, sediments, sediment-laden water, chemicals, or any other toxic or harmful materials from entering waters of the state. 6. Retain all natural habitat features on the bed or banks including large woody material and boulders. 7. Limit the use of equipment waterward of the ordinary high water line to hand tools only. CONSTRUCTION-RELATED SEDIMENT, EROSION AND POLLUTION CONTAINMENT 8. Deposit waste material from the project, such as cut vegetation and other debris, in an upland area above the limits of anticipated floodwater. 9. Deposit all trash from the project at an appropriate upland disposal location. MITIGATION 10. To mitigate for project impacts on fish life and to encourage the shading out of invasive plant species, implementation of the enhancement plan (Provision 2) is required. A significant portion of the project area shall be planted with native woody species each year during the dormant season (late fall through mid winter) per the approved plan. Maintain plantings for at least three years to ensure at least eighty percent survival of each species or a contingency species approved by the Habitat Biologist. Failure to achieve the eighty percent survival in year three will require you to submit a plan with follow-up measures to achieve requirements or reasons to modify requirements. Page 2 of 5 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2016-4-597+01 FPA/Public Notice Number: N/A Application ID: 8611 Project End Date: August 07, 2021 Issued Date: August 08, 2016 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 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 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. Location #2 Driving Directions LOCATION #3:Site Name: Spring Brook Creek Reach , , WA WORK START:August 8, 2016 WORK END:August 7, 2021 WRIA Waterbody:Tributary to: 09 - Duwamish - Green Spring Brook Creek Black River 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 13 22 N 04 E 47.38901 -122.23334 King Location #3 Driving Directions Page 3 of 5 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2016-4-597+01 FPA/Public Notice Number: N/A Application ID: 8611 Project End Date: August 07, 2021 Issued Date: August 08, 2016 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. Minor modifications do not require you to pay additional application fees or be issued a new HPA. 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. Do not include payment with your request. 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 paid an application fee for your original HPA you must pay an additional $150 for the major modification. If you did not pay an application fee for the original HPA, no fee is required for a change to it. 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, payment if the original application was subject to an application fee, and the requestor's signature. Send your written request and payment, if applicable, 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, but must send a check or money order for payment by surface mail. 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. Page 4 of 5 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2016-4-597+01 FPA/Public Notice Number: N/A Application ID: 8611 Project End Date: August 07, 2021 Issued Date: August 08, 2016 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. 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, 600 Capitol Way North, Olympia, Washington 98501-1091; 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 will conduct an informal hearing 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, 600 Capitol Way North, Olympia, Washington 98501-1091; 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 Larry.Fisher@dfw.wa.gov for Director WDFWLarry Fisher 425-313-5683 Page 5 of 5 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2016-4-597+01 FPA/Public Notice Number: N/A Application ID: 8611 Project End Date: August 07, 2021 Issued Date: August 08, 2016