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Home My WebLink About04-111 HPA exp 12-20-16HYDRAULIC PROJECT APPROVALWashington Department of FISH and WILDLIFE 16018 Mill Creek Boulevard Mill Creek, WA 98012-1296 (425) 775-1311 North Puget Sound RCW 77.55.021 - See appeal process at end of HPA Project Expiration Date: December 20, 2016 Control Number: FPA/Public Notice #: Issue Date: December 21, 2011 125285-1 N/A King County Drainage District No. 1 PO Box 297 Kent, WA 98302 253-872-8300 PERMITTEE AUTHORIZED AGENT OR CONTRACTOR 253-435-3699 ATTENTION: Gil Hulsmann PO Box 1224 Puyallup, WA 98371 The Abbey Road Group Land Development Services Fax: 253-815-9761 Fax: 253-435-3159 Project Name: Project King County Drainage District No. 1 Cutting vegetation and enhancement planting along an estimated 63,050 lineal feet along portions of Garrison Creek, Mill Creek and Springbrook Creek. 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 zone" in the drainages. 1. The project may begin immediately and shall be completed by December 20, 2016, provided that vegetation removal shall occur only between September 15 and December 31. 2. Work shall be accomplished per plans and specifications approved by the Washington Department of Fish and Wildlife (WDFW) entitled, "2012 - 2019 BRUSH CUTTING AREA"; "5 YEAR PLANTING PLAN 2012 - 2017"; and "STANDARD DRAINAGE DITCH ENHANCEMENT PLAN", except as modified by this Hydraulic Project Approval. A copy of these plans shall be available on site during construction. 3. Cutting of vegetation shall be restricted to invasive species, such as reed canary grass and blackberries. Cutting of woody species shall not occur. 4. Vegetation shall be cut using hand held tools, which will allow the operators to avoid cutting native vegetation. Any activity requiring use of heavy equipment requires additional approval from WDFW. 5. All cut vegetation shall be removed from the stream areas and properly disposed of outside the floodplain of the streams. 6. Small debris (not including large woody material--trees or tree parts larger than four inches in diameter and longer than six feet, and rootwads, wholly or partially within the ordinary high water line--see Provision 7) within stream channels within 25 feet of culvert inlets may also be removed, provided the debris is not embedded in the streambed or banks. PROVISIONS 4Page 1 of HYDRAULIC PROJECT APPROVALWashington Department of FISH and WILDLIFE 16018 Mill Creek Boulevard Mill Creek, WA 98012-1296 (425) 775-1311 North Puget Sound RCW 77.55.021 - See appeal process at end of HPA Project Expiration Date: December 20, 2016 Control Number: FPA/Public Notice #: Issue Date: December 21, 2011 125285-1 N/A 7. If removal or repositioning of large woody material is necessary, the WDFW Area Habitat Biologist (AHB) listed below shall be contacted prior to performing this activity to ensure compliance with WAC 220-110-150. 8. To mitigate for project impacts on fish life and to encourage the shading out of invasive species, a significant portion of the project area shall be planted with native woody species each year during the dormant season (normally November 1 through March 1), until the entire project reach is enhanced. The permittee or authorized agent shall submit an annual report by July 1 of each year providing adequate detail of compliance with this provision to the AHB. 9. 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. 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 streams or wetlands associated with the streams. Location #1 Mill Creek Reach WRIA:Tributary to: 1/4 SEC:Range:Section:Township: 09.0015 Spring Brook Creek Latitude:Longitude: All 13 22 N 04 E N 47.38768 W 122.23746 Mill Creek (Kent) County: King WORK START:WORK END:December 21, 2011 December 20, 2016 Waterbody: Location #1 Driving Directions Location #2 Springbrook Creek Reach WRIA:Tributary to: 1/4 SEC:Range:Section:Township: 09.0005 Black River Latitude:Longitude: All 13 22 N 04 E N 47.38901 W 122.23334 Spring Brook Creek County: King WORK START:WORK END:December 21, 2011 December 20, 2016 Waterbody: Location #2 Driving Directions PROJECT LOCATIONS 4Page 2 of HYDRAULIC PROJECT APPROVALWashington Department of FISH and WILDLIFE 16018 Mill Creek Boulevard Mill Creek, WA 98012-1296 (425) 775-1311 North Puget Sound RCW 77.55.021 - See appeal process at end of HPA Project Expiration Date: December 20, 2016 Control Number: FPA/Public Notice #: Issue Date: December 21, 2011 125285-1 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 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. Requests for any change to an unexpired HPA must be made in writing. Requests for new HPAs must be made by submitting a new complete application. Send your requests to the department by: mail to the Washington 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. 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 220-110-340 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. 4Page 3 of HYDRAULIC PROJECT APPROVALWashington Department of FISH and WILDLIFE 16018 Mill Creek Boulevard Mill Creek, WA 98012-1296 (425) 775-1311 North Puget Sound RCW 77.55.021 - See appeal process at end of HPA Project Expiration Date: December 20, 2016 Control Number: FPA/Public Notice #: Issue Date: December 21, 2011 125285-1 N/A 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 Washington Department of Fish and Wildlife HPA Appeals Coordinator, 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 220-110-350 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 Washington Department of Fish and Wildlife HPA Appeals Coordinator, 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. for Director WDFWLarry Fisher 425-313-5683 ENFORCEMENT: Sergeant Chandler (34) P3 Habitat Biologist CC: 4Page 4 of