HomeMy WebLinkAboutLUA-08-151_Report 1CITY OF RENTON
DEPARTMENT OF COMMUNITY & ECONOMIC
DEVELOPMENT
MEMORANDUM
Date:
To:
From:
April 17, 2009
City Clerk's Office
Stacy Tucker
Subject: Land Use File Closeout
Please complete the following information to facilitate project closeout and indexing by the City
Clerk's Office.
Project Name: WDFW Cedar River Smolt Trap
LUA (file) Number: LUA-08-151, SME
Cross-References:
AKA's:
Project Manager: Vanessa Dolbee
Acceptance Date: January 26, 2009
Applicant: Kelly Kiyohara, WDFW
Owner: Washington State Department of Fish & Wildlife (WDFW)
Contact: Same as applicant
PID Number: 1723059033
ERC Decision Date:
ERC Appeal Date:
Administrative Approval: January 26, 2009 ....
Appeal Period Ends: February 9, 2009
Public Hearing Date:
Date Appealed to HEX:
By Whom:
HEX Decision: Date:
Date Appealed to Council:
By Whom:
council Decision: Date:
Mylar Recording Number:
Project Description: The applicant is proposing to place a Smolt Trap In the Cedar River
· downstream of the 1-405 bridge crossing before the BNSF railroad trestle, adjacent to tax parcel
1723059033. The trap would be used to tag and monitor the annual migration of larger juvenile
salmonlds to produce production and survival estimates of various salmon and trout species in the
Cedar River from April through July by means of floating a 30ft by 8ft barge with a rotary trap
attached.
Location: Cedar River between 1-405 bridge and BNSF railroad crossing
Comments:
CITY OF RENTON
CERTIFICATE OF EXEMPTION FROM
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT
DATE: January 26, 2009
LAND USE ACTION FILE NO.: LUAOS-151, SME
PROJECT NAME: WDFW Cedar River Smolt Trap
OWNER: Washington State Department of Transportation
15700 Dayton Ave. North
Shoreline, WA
APPLICANT: Kelly Kiyohara
Washington Department of Fish and Wildlife
600 Capital Way North
Olympia, WA 98501
PROJECT MANAGER: Vanessa Dolbee
Associate Planner
PROPOSAL: The applicant is proposing to place a Smolt Trap in
the Cedar River just downstream of the 1-405 bridge
crossing before the BNSF railroad trestle, adjacent to
tax parcel #1723059033. The trap would be used to
tag and monitor the annual migration of larger juvenile
salmonids to produce production and survival
estimates of various salmon and trout species in the
Cedar River from April through July by means of
floating a 30 foot by 8-foot barge with a rotary trap
attached. The exemption is requested because the
total cost of the project is less than $2,500 and the
project provides understanding of the annual
variations of salmon production and possible
correlations to changes in fish habitat and passage.
Shoreline Exemption 08-151
The Cedar River has many users, as such the
proposal includes precautions to adequately warn
floaters of any kind of potential dangers downstream.
Multiple signs are posted at least 100 yards upstream
to allow for adequate warning and time to move in the
river. The trap's operating times will be limited in the
warmer months when river use is increased. The trap
will operate 24 hours a day from installation to mid-
May and then change to only operating from sundown
to sunup to avoid catching floaters unless river
PROJECT LOCATION:
LEGAL DESCRIPTION:
SEC-TWN-R:
WATER BODY/WETLAND:
conditions are unfavorable to float trips (similar to last
spring's record high water when the Cedar River was
closed to public use).
The Washington State Department of Fish and
Wildlife has made a SEPA Determination of Non-
Significance for the subject Shoreline Exemption on
October 21, 2004. The project has an approved
Hydraulic Project Approval (HPA) as of March 28,
2005 that expires on March 27, 2010.
Cedar River between 1-405 bridge and BNSF Rail
Road Crossing
C & PS RY R/W OVER NW 1/4 OF NE 1/4 & NE 1/4
OF NW 1/4 & OF GOV LOT 4 & OF HENRY H TOBIN
DONATION CLAIM NO 37 AND PORTION OF LAND
SLY OF CEDAR RIVER AS ESTABLISHED BY KC
SUPERIOR COURT DECREE NO 90072 AND ELY
OF TOWN OF RENTON LESS PORTION TO CITY
OF RENTON UNDER AUDITOR FILE NO 3059250
IN VOL 1856 PAGE 439
S. 17 T. 23N R. 5E
Cedar River (Urban Environment)
An exemption from a Shoreline Substantial Development Permit is hereby granted on
the proposed project in accordance with RMC 4-9-190C 2 & 16:
XX Any development of which the total cost or fair market value does not exceed
two thousand five hundred dollars ($2,500.00), if such development does not
materially interfere with the normal public use of the water or shorelines of the
Sate .
..lQL A public or private project, the primary purpose of which is to improve fish or
wildlife habitat or fish passage, when all of the following apply:
a. The project has been approved in writing by the Department of Fish and
Wildlife as necessary for the improvement of the habitat or passage and
appropriately designed and sited to accomplish the intended purpose.
b. The project has received hydraulic project approval by the Department
of Fish and Wildlife pursuant to chapter 75.20 RCW.
c. The Development Services Division has determined that the project is
consistent with this Master Program.
Shoreline Exemption 08-151
The proposed development is consistent or inconsistent with (check one):
CONSISTENT
xx
N/A
xx
INCONSISTENT
CONDITIONS OF APPROVAL:
Policies of the Washington State
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.
1. Public notification sign age shall be maintained up stream a minimum of 100
yards from the Screw Trap for the duration of the projeact. • A
c_-2-'---'~
C. E. Vincent, Planning Di;;;tor,
Department of Community & Economic
Development
Attachments:
A. Neighborhood Detail Maps A & B
B. Project Narrative
C. Determination of Non-Significance, Dated October 21, 2004
D. HPA, Dated March 28, 2005
E. Site Map
F. Cedar River Screw Trap drawings page 1 & 2.
G. Image of Screw Trap
cc: File
Shoreline Exemption 08-151
City of Renton l'\l'lll'IG
""~ Wo1-1 LAND USE PERMIT -J\:.\.ol'tl' ..,_1:
o£ c1't'I 11313'&
MASTER APPLICATION
0£.C. 1 \
... cc~\\1~0
PROPERTY OWNER(S) PROJECT INFORMATION
NAME: PROJECT OR DEVELOPMENT NAME:
Washington Department of Transportation WDFW Cedar River Smolt Trap
ADDRESS: PROJECT/ ADDRESS(S)/LOCATION AND ZIP CODE:
Cedar River between BNSF railway and the 1-405
CITY: ZIP: overpass over the Cedar River
TELEPHONE NUMBER: KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S):
Tax account #172305903301 and DOT Right of
APPLICANT (if other than owner) Way under and surrounding 1-405
NAME: EXIXTING LAND USE(S):
Kelly Kiyohara DOT Right of Way
COMPANY (if applicable): PROPOSED LAND USE(S):
Washington Department of Fish and Wildlife Floating Fish Trap in Cedar River
ADDRESS: EXISTING COMPREHENSIVE PLAN MAP DESIGNATION:
600 Capitol Way North Incorporated City
CITY: ZIP: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION
(if applicable):
Olympia 98501
TELEPHONE NUMBER: EXISTING ZONING:
360-902-2797, Kelly.Kiyohara@dfw.wa.gov Commerical, DOT Right of Way
CONTACT PERSON PROPOSED ZONING (if applicable):
NAME: SITE AREA (in square feet):
Kelly Kiyohara 400
COMPANY (ii applicable): SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED:
same as above
SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS:
ADDRESS:
PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE
(if applicable):
CITY: ZIP:
NUMBER OF PROPOSED LOTS (if applicable):
TELEPHONE NUMBER AND E-MAIL ADDRESS:
NUMBER OF NEW DWELLING UNITS (if applicable):
,
Q:web/pw/devserv/fonns/planning/rnatserapp.doc 09/19/05
PROJECT INFORMATION (continued) ,---~----~~---------------,
NUMBER OF EXISTING DWELLING UNITS (if applicable):
SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS
(if applicable):
SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS
TO REMAIN (rr applicable):
SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL
BUILDINGS (rr applicable):
SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL
PROJECT VALUE:
IS THE SITE LOCATED IN ANY TYPE OF
ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE
SQUARE FOOTAGE (rr applicable):.
D AQUIFER PROTECTION AREA ONE
0 AQUIFER PROTECTION AREA TWO
D FLOOD HAZARD AREA
D GEOLOGIC HAZARD
0 HABITAT CONSERVATION
----
----
----
sq. ft.
sq. ft.
sq. ft.
BUILDINGS TO REMAIN (rr applicable): 0 SHORELINE STREAMS AND LAKES
0WETLANDS
----sq.ft.
NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW sq. ft. ----
PROJECT (rr applicable): 2
LEGAL DESCRIPTION OF PROPERTY
(Attach legal description on separate sheet with the following information included)
SITUATE IN THE NW QUARTER OF SECTION 17 , TOWNSHIP 23 , RANGE
----
OF RENTON, KING COUNTY, WASHINGTON.
TYPE OF APPLICATION & FEES
List all land use applications being applied for:
1. Shoreline Exemption
2.
3.
4.
Staff will calculate applicable fees and postage: $
AFFIDAVIT OF OWNERSHIP
(Signature of Owner/Representative)
Myappointmentexpires: g'j 111/dOIO
-~~~~~~---
Q:web/pw/devserv/fonns/planning/matserapp.doc
5 , IN THE CITY --
09/19/05
Washington State
Department of Transpo. -tion
Applicant -Please print or type all lnfonnation
i -.-)lication for General Permit
a.5-o.
Application is Hereby Made for: l)l:I General.Penni! (No Fee)
D General Pennit $2.50 (Subject to RCW 47.12.140(2)) Reimb. Acct. ____ _
Intended Use of State Right of Way is to Construct, Operate, and Maintain a:
To allow access.lo the Cedar River from an existing access road under the 1-405 bridges /405/18E and 405/18Wl. Work will consist of
placing a fish trap into the Cedar River by crane. Work will take place between April 1 and July 31, 2009.
on a portion of Stale Roule 405
lo begin in the NE1/4 SW1/4
and end in the ________ _
(at/from) Mile Post 3.68 to Mile Post 3. 72 in ~K=·n~-----------County,
Section _,_1.,_7 ____ Township .. 23"--__ North: Range .,5_~ __ West/Easl W.M
Section Township North: Range Wesl/East W.M
Fees in the amount of $ are paid to defray the basic administrative expense incident to the processing of this
application according to RCW 4 7 .12.140(2) and amendments. The applicant further promises lo pay additional costs incurred by the
Department on the behalf of the applicant .
Washington Department of Fish and Wildlife
Applicant (Referred lo as Grantee)
600 Capnol Way North
Address
. Olympia, Wa 98501
City
360-902-2797
Telephone
Applicant Reference (WO) Number
State Zip Code
Print or Type Name
Fish Biologist
Title
10n.
Dated this __ day of ___________ , __
Federal Tax ID Number or Social Security Number
The Washington Stale Department of Transportation referred to as the "Department,• hereby grants this Penni! subject to the lenns and
conditions staled in the -General Provisions, Special Provisions, and Exhibns attached hereto and by this reference made a part hereof:
Construction facilities proposed under this application shall begin within one year and must be completed within three years from dale of
approval.
Exhibits Attached
WSDOT Form 224-698 EF
l 3197
Depart:::pproval , ~ fl
By: ~qL~
Title: dfa,,,,;f. -1--{)/J. f:q»f
Date:
Expiration Date: /@ 6/~ 7
State of Washington
Department of Fish and Wildlife
r,nPLANNING
DEV~i(~~~ RENTON
OEC 3 \ 2008
RECE\VEO
Mailing Address: 600 Capitol Way N, Olympia WA 98501-1091, (360) 902-2200, TDD (360) 902-2207
Main Office Location: Natural Resources Building, 1111 Washington Street SE, Olympia WA
December 8, 2008
TO: City of Renton
FROM: Kelly Kiyohara
SUBJECT: Shoreline Exemption Permit Request for Cedar River Screw Trap
Project
The purpose of this project is to trap, tag and monitor the annual migration of larger
juvenile salnionids to produce production and survival estimates of various salmon and
trout species in the Cedar River from April through July by means ofa floating 30'x8'
barge with a rotary trap attached. The purposed site is in the Cedar River just
downstream ofl-405 but before the BNSF railroad trestle adjacent to tax parcel
#1723059033 owned by the Washington State Department of Transportation. An
exemption is requested because the total cost or fair market value of the project is less
than $2,500 and the project provides understanding of the annual variations of salmon
production and possible correlations to changes in fish habitat and passage. The current
site is unused as it is a Right of Way for WSDOT. There are no special site features, no
need for fill, excavation, or removal of trees. There are no critical habitat areas or
wetlands associated with the site. Attached is the SEPA and JARP A permits for the
proposed activities, as well as a Washington Department of Transportation General
Permit granting use of their Right of Way at the site. As the Cedar River has many user
groups, including rafter, kayakers, and canoers, the Department of Fish and Wildlife has
taken precautions to adequately warn floaters of any kind of the potential dangers
downstream, as well as tailor operating hours and gear types to avoid conflicts. Mliltiple
signs are posted at least 1.00 yards upstream to allow for adequate warning and time to
move in the river. The trap also operates primarily at night as the Spring progresses, the
weather warms, and rafters increase. The trap will operate 24 hours a day from
installation to mid-May and then change to only operating from sundown to sunup to
avoid catching floaters unless river conditions are unfavorable to float trips similar to last
spring's record high water when the Cedar River was closed to public use. To further
understand what our trap looks like and how they operate, please visit our website at:
http://wdfw.wa.gov/fish/wild salmon monitor/ and click on the Lake Washington bullet
on the left side of the screen. The picture in the middle of the page on the right side is
our screw trap fishing just upstream of the Logan Street Bridge.
I
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DATE: /0 /3( lot r ,
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1'IZIOII0012
/"
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WDFW Screw (Smolt) Trap
30 ff long by 12 ft w~K.....
172305lllS3
Accessif)Q the trail. will be done on either side of river on .i.arcel #17230
Parcel #"1723059033 is a gravel/dirt lot current used as a Right of Way -
Trap will be accessed by foot on ramp or sm non-motorized boat •
The ordinary high water mark for the WDFW/SPU ckeye
weir just upstream of 1-405 is 31 ft. No ordina igh water mark
has been established for this site.
/r / ,/
S'.J:-: I U. /\'\ ll-p
Trap is equipped with a boat deflectycn the front of the trap to
for safety purposes. Warning sigj)ll'Will be posted upstream at
ect any type of floating object incll,llfl'ng boats and float tubes
foot bridge as well as the next brijllfe upstream of the Riviera Apartments
~-,4 (C)---(l001200Qd1
lot intended for overflow for City q
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State of Washington
DEPARTMENT OF FISH AND WILDLIFE
Mailing Address: 600 Cspltol Way N -Olympia, Washington 98501-1091 -(360) 902-2200, TOD (360) 902-2207 ~\J'f11'II~
Main Office location: Natural Resources Building -1111 Washington Street SE -Olympia, WA !'w,E.~1:.~01'1
October 21, 2004
Washington Department of Fish and Wildlife
Fish Program-Patrick Hanratty
600 Capitol Way North
Olympia, WA 98501
Dear Mr. Hanratty:
1:.\J\;I.,~ cf ~
. 0 Cl l'u'u'& ~c~'
?-.1c.c1c.\'J1c.O
Enclosed is the Washington Department of Fish and Wildlife's (WDFW) Final Detennination of
Nonsignificance (DNS) regarding your application for Temporary Fish Traps, Statewide, along
with any comments that were received on this detennination during the 14 day comment period.
Based on a review of your original environmental checklist and any comments submitted from
other agencies, WDFW has concluded that no significant environmental impacts are likely to
result from your proposal. Therefore, your proposal has met the requirements of the State
Environmental Policy Act (SEPA) and your application for a Hydraulic Project Approval (HPA)
and any other necessary state, federal and/or county permits can now be processed. Please
contact your regional WDFW office for further details with regard to issuance of the HP A.
Sincerely,
~d-4~
Teresa A. Eturaspe
SEP A/NEPA Coordinator
TAE:tae
Enclosure: Final DNS
cc/enc:
•
\SIIlNGTON DEPARTMENT
OF FISH AND WILDLIFE
State of Washington
· FINAL DETERMINATION OF
NON-SIGNIFICANCE
October 21, 2004
DEPARTMENT OF FISH AND WILDLIFE
Mailing Address: 600 Capltol Way N -Olympia, Washington 98501-1DQ1 -(360) 902-2200, TDD (360) 902-2207
Main Office location: Natural Resources Building -1111 Washington Street SE -Olympia, WA
DETERMINATION OF NONSIGNIFICANCE
Name of Proposal: WDFW-TEMPORARY FISH TRAPS-STATEWIDE
Description of Proposal: Fish Traps are utilized to collect biological data relative to adult and
juvenile species composition and abundance. Traps are strategically located to best accomplish
project goals and minimize impacts to the surrounding environment. Floating screw or scoop
traps are utilized to capture a portion of the downstream migrants. Temporary weirs (adult and
juvenile), which extend to both banks, are utilized when more complete captures of out-migrants
are necessary. Adult hoop traps are strategically positioned in-streams to capture a portion of the
upstream migrant population. All projects and associated trapping gear are designed, installed
and maintained so as to insure stream-bank protection and stability. All required permits from
federal, state, county and local agencies.will be obtained and all installation, operation and
maintenance activities will occur with notification, coordination and concurrence with
appropriate federal, state and local jurisdictions.
Proponent: Washington Department of Fish and Wildlife, Fish Program-Science Division-·
Freshwater Production Unit. 600 Capitol Way North, Olympia, Washington 98501. Contact:
Patrick Hanratty (360) 902-2781
Location of Proposal, including street, if any: Statewide, Washington
Lead Agency: Washington Department of Fish and Wildlife
The lead agency for this proposal has determined that it does not have a probable significant·
adverse impact on the environment. An environmental impact statement (EIS) is not required
under RCW 43.21 C.030(2)( c ). This decision was made after review of the completed
environmental checklist and other information on file with the lead agency. This information is
available to the public on request.
This DNS is issued under WAC 197-11-340(2); the lead agency will not act on this proposal
for 14 days from the date of issue below. Comments must be submitted by: October 20. 2004
Responsible .Official:Teresa A. Eturaspe
Position/fitle: SEPA/NEPA Coordinator, Regulatory Services Section
Address: 600 Capitol Way North, Olympia, WA 98501
•
•
•
Please contact: Teres: Eturaspe Phone: (360) 902-2575 ix: (360) 902-2946 or
e-mail:habitatSEPA@dfw.wa.gov if you have questions or comments about this determination.
DATEOFISSUE: October6,2004 SIGNATURE: 7_:':.d-,,... 4_ h.~-~--·
SEPA Log Number. 04 -077. dns ~
"
'
. • Washington
Department of
FISH and
WILDLIFE
IRAULIC PROJECT APPROVA Statewide
RCW 77.55.100 -Appeal pursuant to Chapter 34.05 RCW 600 Capitol -~Etff pu>-cW\NG
Olympia.~ oij@.Atff
Issue Date: March 28, 2005
Expiration Date: March 27, 2010
PERMITTEE
WDFW
ATTENTION: Jim Scott
600 Capitol Way N
Olympia WA, 98501-1091
360-902-2700( )
Fax: 360-902-2944
Project Name: WDFW Fish Traps
(3so> 902-2200 C 3 \ 200s
Control Number: 100674-1 OE ED
FPNPublic Notice#: 91:,CE\\J
AUTHORIZED AGENT OR CONTRACTOR
Project Description: Install, maintain, and remove traps operated by WDFW in freshwaters
throughout the state for the capture and enumeration of upstream and
downstream migrating fish populations
PROVISIONS
1. TIMING LIMITATIONS: The project may begin March 28, 2005 and shall be completed by March
27, 2010, provided that the traps shall remain in place only during the period that the targeted
species and life stage is present.
2. NOTIFICATION REQUIREMENT: The permittee or contractor shall notify the Washington
Department of Fish and Wildlife Regional Habitat Program Manager (RHPM) for the Region in
which the trap is to be installed of the project start date. Notification shall be received by the RHPM
at least three working days prior to the start of construction activities. The notification shall include
the permittee's name, project location, starting date for work, and the control number for this
Hydraulic Project Approval.
3. REPORTING REQUIREMENT: The permittee shall submit to the Habitat Program at 600 Capitol
Way North, Olympia, WA 98501-1091, a written calendar year annual report of the fish trap projects
conducted under authority of this HPA by February 1 of the following year, or in the final year of the
HPA prior to the expiration of the HPA. An annual report is also required if no work was conducted
under this HPA during the reporting period. The report shall include the name, address, and
telephone number of the reporting agency and contact person; date of the report; reporting period;
control number for the HPA; total number of individual projects by region and statewide; list of
individual projects completed by region, including water body name, location, date of work, and type
of work conducted; and a description of any problems encountered including HPA provision
violations, corrective actions and impacts to fish life or water quality resulting from the problems
encountered.
4. Work shall be accomplished per plans and specifications approved by the Washington
Department of Fish and Wildlife entitled JARPA, including figures entitled WILD SALMON ID
POPULATION MONITORING and dated February 18, 2005 except as modified by this Hydraulic
Project Approval. A copy of these plans shall be available on site during construction.
TRAP INSTALLATION
5. Alteration of the bed or bank shall be kept to the minimum amount necessary to properly install
Page 1 of 6
'
.. ·· Washington
Department of
FISH and
· WILDLIFE
t tRAULIC PROJECT APPROVA Statewide
600 Capitol Way N
Olympia, WA 98501-1091
(360) 902-2200
Issue Date: March 28, 2005
Expiration Date: March 27, 2010
Control Number: 100674-1
FPNPublic Notice#:
the trap.
6. Neither large woody material (defined as trees or tree parts larger than four inches in diameter
and longer than six feet and rootwads, wholly or partially waterward of the ordinary high water line)
embedded in the bed or banks nor boulders shall be disturbed or moved.
7. Floating scoop or screw traps shaUbe secured to existing structures, anchor pins, or blocks.
Other traps may be cabled or otherwise secured to trees or vegetation only if the vegetation is
substantial enough to hold the trap in place during trap operation and the vegetation is protected
from damage.
8. Traps shall be installed to remain in place during all expected flows, shall not result in flow of
· water outside the banks, and shall be secured to prevent loss of parts downstream in the event of
trap failure. Trap parts shall be removed when necessary to prevent high flows from damaging the
bed or banks of the stream. These parts shall not be reinstalled until flows subside sufficiently to
allow trap operation and prevent damage to the stream bed or banks.
EQUIPMENT
9. With the exception of installing and removing floating scoop or screw traps, all traps shall be
installed, maintained and removed only with hand labor and hand tools.
1 O. The drive mechanisms (wheels, tracks, tires, etc.) of equipment used to install floating scoop or
screw traps shall not enter or operate waterward of the ordinary high water line.
· 11. Equipment used for this project shall be free of external petroleum-based products while
working around the stream. · Accumulation of soils or debris shall be removed from the drive ·
mechanisms (wheels, tires, tracks, etc.) and undercarriage of equipment prior to its working below
the ordinary high water line. Equipment shall be checked daily for leaks and any necessary repairs
shall be completed prior to commencing work activities along 'the stream.
12. Equipment crossings of the stream are not authorized by this HPA.
VEGETATION
.13. Aquatic vegetation shall not be removed or disturbed. Alteration of bank vegetation shall be
. limited to that necessary to install the traps.
14. Additional written approval of the Area Habitat Biologist shall be obtained prior to any vegetation
removal necessary to provide equipment access.
PROJECT MATERIALS
15. All treated wood shall be professionally treated and completely cured prior to installation below
the ordinary high water line to minimize leaching into the water or substrate. The use of wood
treated with creosote or pentachlorophenol is not authorized.
Page 2of6
'
'
. ·· Washington
Department of
FISH and
WILDLIFE
)RAULIC PROJECT APPROVA Statewide
Issue Date: March 28, 2005
Expiration Date: March 27, 2010
600 Capitol Way N
Olympia, WA 98501-1091
(360) 902-2200
Control Number: 100674-1
FPA/Public Notice#:
16. All lumber to be used for the project 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, dated July 1996.
17. Gravel bags shall be filled with clean, round gravel transported to the job site. The gravel shall
not be obtained from the streambed. Gravel may be deposited in the stream following project
completion provided fines less than 0.25 inches do not exceed 3.0 percent total volume, and the
used bags are removed from the job site and disposed of or reused properly.
18. Project materials including gravel bags and trap components may be stockpiled at the job site
prior to or following project completion provided they are placed landward of the limits of anticipated
flood flows.
19. Except as provided in Provision 17, sediment shall not be released from gravel bags or from
other materials imported to the job site.
TRAP MAINTENANCE
20. Traps shall be inspected and maintained daily during the period when they are in place.
21. Organic material that collects on the trap shall be removed and returned to state waters
downstream of the project. Man-made trash shall be removed and disposed of so that it does not
reenter waters of the state.
22. With the exception of those cases where WDFW policy requires lethal removal of adult straying
hatchery fish or when juvenile fish must be lethally sampled for fish health testing or recovery of
coded wire tags, fish shall not be harmed as a result of trapping or handling procedures. These fish
shall be immediately and safely released to state waters following data collection.
TRAP REMOVAL
23. All trap components, except gravels as provided in Provision 17, shall be immediately removed
from waterward of the ordinary high water line upon project completion.
SITE RESTORATION
24. Within one year of project completion, the banks shall be revegetated with native or other
approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet·
(on center) and maintained as necessary for three years to ensure 80 percent survival.
PROJECT LOCATIONS
Page 3 of6
•
Washing.ton
Department of
FISH and
WILDLIFE
RAULIC PROJECT APPROVA Statewide
Issue Date: March 28, 2005
Expiration Date: March 27, 2010
Location #1 Freshwater
WRIA WATERBODY --
99.0000 Various
1/4 SEC. Section
All 296
DRIVING DIRECTIONS:
Township:
99
600 Capitol Way N
. Olympia, WA 98501-1091
(360) 902-2200
Control Number: 100674-1
FPA/Public Notice#:
Work Start:03-28-2005 Work End:03-27-2010
TRIBUTARY TO COUNTY
Statewide Thurston
Range: Latitude: Longitude
99 N w
NOTES
At the request of Pat Hanratty, WDFW Fish Program, this statewide Hydraulic Project Approval
(HPA) for WDFW fish traps for the capture and enumeration of upstream and downstream migrant
fish populations is issued to replace HPA GH-09407-08 which was .issued October 25, 2004. This
HPA supersedes all previous HPAs for this project, and allows installation, maintenance, and .
removal of WDFW-operated fish traps statewide.
This HPA does not authorize the installation, maintenance, or removal of traps at WDFW hatcheries
for the capture of broodstock.
This Hydraulic Project Approval pertains only to the'provisions of the Washington State Fisheries
and Wildlife Codes. It is the permittee's responsibility to apply for and obtain any additional
authorization from other public agencies (local, state and/or federal) that may be necessary for this
project. Incidental take coverage under the Endangered Species Act is required for this project.
Consult with the NOAA Fisheries (formerly National Marine Fisheries Service (NMFS)) and United
States Fish and Wildlife Service (USFWS) prior to commencement of project activities to acquire
necessary authorization. NOAA Fisheries may require a 10A-1A permit or other authorization.
USFWS may have additional requirements.
This Hydraulic Project Approval (HPA) does not constitute an after-the-fact HPA for work previously ·
conducted below the ordinary high water line without a valid HPA, nor does it relieve the person(s)
to whom this HPA is issued from any legal responsibilities for that previously conducted work.
APPLY TO ALL HYDRAULIC PROJECT APPROVALS
This Hydraulic Project Approval pertains only to the provisions of the Washington State Fisheries
and Wildlife Code, specifically RCW 77.55 (formerly RCW 75,20). Additional authorization frorn
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.
Page4 of6
•
'
" Washington
Department of
FISH and
WILDLIFE
>RAULIC PROJECT APPROVA Statewide
600 Capitol Way N
Olympia, WA 98501-1091
(360) 902-2200
Issue Date: March 28, 2005
Expiration Date: March 27, 2010
Control Number: 100674-1
FPA/Public Notice#:
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 or a gross misdemeanor charge, possibly punishable by fine
and/or imprisonment.
All Hydraulic Project Approvals issued pursuant to RCW 77.55.100 or 77.55.200 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 Hydraulic Project Approvals issued pursuant to RCW 77.55.110 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
77.55.170.
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 77.55.100, 77.55.110, 77.55.140, 77.55.190, 77.55.200, and 77.55.290: 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 Environmental 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 77.55.100 OR 77.55.140: 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
Page 5 of6
•
-Washington
Department of
FISH and
· WILDLIFE
1RAULIC PROJECT APPROVA Statewide
600 Capito! Way N
Olympia, WA 98501-1091
(360) 902-2200
Issue Date: March 28, 2005
Expiration Date: March 27, 2010
Control Number: 100674-1
FPA/Public Notice#:
part of a Hydraulic Project Approval;
(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 of Fish and Wildlife HPA
Appeals Coordinator, shall be. plainly labeled as 'REQUEST FOR FORMALAPPEAL' 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 thatis 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 77.55.110,
77.55.200, 77.55.230, or 77.55.290: 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 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 TAKEJI! PURSUANT TO CHAPTER 43.21L
RCW: A person wtio is aggrieved or adversely affected by Ttie 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
Chapter43.21L RCWand Chapter 1~9-08.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 OFFICER: Sergeant Rahn (39) P3
Pat Chapman
Habitat Biologist ·
cc: Pat Hanratty, Fish Program
Regional Habitat Program Managers
Regulatory Services Section Staff ·
for Director
WDFW
Sergeants Charron, Jundt, Anderson, Brown, Ward, Grani, McIntosh, Holden, Webb, Jackson,
Makoviney, Nixon
Page6 of6
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