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HomeMy WebLinkAboutPermit File BLD-2021-1003 5307 Doon Way (7)Washington Department of Fish & Wildlife HYDRAULIC PROJECT APPROVAL PO Box 43234 W.hmg,o Departmentnf Olympia, WA 98504-3234 FISH.�d WILDLIFE (360) 902-2200 Issued Date: January 18, 2022 Permit Number: 2022-4-43+01 Project End Date: March 15, 2024 FPA/Public Notice Number: N/A Application ID: 27217 PERMITTEE AUTHORIZED AGENT OR CONTRACTOR TZ Engineering, LLC ATTENTION: Tyler Zimmerman 16980 Sargent Ln Burlington, WA 98233 Project Name: Flounder Bay Dock Project - Piling Replacements Project Description: Project will replace existing creosote pilings with galvanized steel pilings. PROVISIONS 1. TIMING LIMITATION: Work may occur from August 1 and March 15 of any year during which this Hydraulic Project Approval (HPA) is active. 2. APPROVED PLANS: Work must be accomplished per plans and specifications submitted with the application and approved by the Washington Department of Fish and Wildlife, entitled "FLOUNDER BAY DOCK PROJECT - PILING REPLACEMENTS," dated December 27, 2021, except as modified by this HPA. You must have a copy of these plans and this HPA available on site during all phases of the project construction. NOTIFICATION 3. PRE- AND 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 at least three business days before starting work, and again within seven days after completing the work. The notification must include the permittee's name, project location, starting date for work or date the work was completed, and the permit number. The Washington Department of Fish and Wildlife may conduct inspections during and after construction; however, the Washington Department of Fish and Wildlife will notify you or your agent before conducting the inspection. 4. PHOTOGRAPHS: You, your agent, or contractor must take photographs of the job site before the work begins and after the work is completed. You must upload the photographs to the post -permit requirement page in the Aquatic Protection Permitting System (APPS) or mail them to Washington Department of Fish and Wildlife at Post Office Box 43234, Olympia, Washington 98504-3234 within 30-days after the work is completed. 5. 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 6. Establish the staging area (used for activities such as equipment storage, vehicle storage, fueling, servicing, and hazardous material storage) in a location and manner that will prevent contaminants like petroleum products, hydraulic fluid, fresh concrete, sediments, sediment -laden water, chemicals, or any other toxic or harmful materials from entering waters of the state. Page 1 of 5 Washington Department of Fish & Wildlife HYDRAULIC PROJECT APPROVAL PO Box43234 W.hmg,o Departmentnf Olympia, WA 98504-3234 FISH.�d WILDLIFE (360) 902-2200 Issued Date: January 18, 2022 Permit Number: 2022-4-43+01 Project End Date: March 15, 2024 FPA/Public Notice Number: N/A Application ID: 27217 7. Check equipment daily for leaks and complete any required repairs before using the equipment in or near the water. 8. Lubricants composed of biodegradable base oils such as vegetable oils, synthetic esters, and polyalkylene glycols are recommended for use in equipment operated in or near water. 9. Operate vessels with minimal propulsion power to avoid prop scour damage to the bed and marine vegetation habitats. 10. Operate vessels during tidal elevations that are adequate to prevent grounding of the barge. 11. Do not deploy anchors or spuds in seagrass or kelp. 12. Do not operate motorized equipment on the beach below the ordinary high water line. PILE REMOVAL, DRIVING 13. Remove the existing creosote piling and dispose of them in an upland area above extreme high tide waters. 14. As specified in the approved plans, the replacement pilings must be 12 — inch diameter steel pilings. 15. Fit all pilings with devices to prevent perching by fish -eating birds 16. The use of both a vibratory and/or an impact hammer is authorized for piling installation under this Hydraulic Project Approval, however a vibratory driver is preferred. 17. Sound attenuation methods are required for the driving or proofing of steel piles with an impact hammer below the ordinary high water line. For impact driving of steel piles that exceed the following criteria, a bubble curtain or other Washington Department of Fish and Wildlife approved sound attenuation device must be used. The specific criteria include sound pressure levels of: a) Greater than or equal to 206 dB (one micropascal squared per second) peak, b) Greater than or equal to 187 dB (one micropascal squared per second) accumulated sound exposure level (SEL) for fish greater than or equal to 2 grams, and c) Greater than or equal to 183 dB (one micropascal squared per second) (SEL) for fish less than 2 grams. d) Install a bubble curtain around the pile during all driving operations to ensure proper sound attenuation. The bubble curtain must distribute air bubbles around 100 percent of the perimeter of the piling over the full length of the pile in the water column. 18. To avoid attracting fish to artificial light at night, limit impact pile driving to daylight hours whenever feasible 19. 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 containments structures must be collected and disposed upland at an approved disposal site. e. Submit post -project surveys (e.g., underwater video, photos at low -tide) along transects within the project area to Washington Department of Fish and Wildlife within two weeks of pile removal to verify debris removal. DEMOBILIZATION/CLEANUP 20. Remove all debris or deleterious material resulting from construction from the beach area or bed and prevent from entering waters of the state. Page 2 of 5 Washington Department of Fish & Wildlife HYDRAULIC PROJECT APPROVAL PO Box43234 W.hmg,o Departmentnf Olympia, WA 98504-3234 FISH.�d WILDLIFE (360) 902-2200 Issued Date: January 18, 2022 Permit Number: 2022-4-43+01 Project End Date: March 15, 2024 FPA/Public Notice Number: N/A Application ID: 27217 LOCATION #1: Site Name: Skyline Marina - Location C 2008 Cove Place, Anacortes, WA 98221 WORK START: January 18, 2022 WORK END: March 15, 2024 WRIA Waterbody: Tributary to: 03 - Skagit Lower - Samish Wria 03 Marine Puget Sound 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: NW 1/4 27 35 N 01 E 48.495-122.67667 Skagit Location #1 Driving Directions From 1-5 Northbound, take Highway 20 exit to the west towards Anacortes. Continue on Highway 20 spur towards the Anacortes ferry landing. Continue past the ferry landing. For Site C continue onto Sunset way, turn left on Anaco Beach Rd, then right onto Sterling Drive, Left on Kingsway, Right on Windsor St and left on Doon Way. Project Site C will be on your right. 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. Page 3 of 5 Washington Department of Fish & Wildlife HYDRAULIC PROJECT APPROVAL PO Box 43234 W.hmg,o Departmentnf Olympia, WA 98504-3234 FISH.�d WILDLIFE (360) 902-2200 Issued Date: January 18, 2022 Permit Number: 2022-4-43+01 Project End Date: March 15, 2024 FPA/Public Notice Number: N/A Application ID: 27217 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 4 of 5 Washington Department of Fish & Wildlife HYDRAULIC PROJECT APPROVAL PO Box 43234 W.hmg,o Departmentnf Olympia, WA 98504-3234 FISH.�d WILDLIFE (360) 902-2200 Issued Date: January 18, 2022 Permit Number: 2022-4-43+01 Project End Date: March 15, 2024 FPA/Public Notice Number: N/A Application ID: 27217 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 Marcus Reaves Marcus. Reaves@dfw.wa.gov 360-466-4345, Ext:251 -- -- for Director WDFW Page 5 of 5