20061108082313.pdfWashington HYDRAULIC PROJECT APPROVAL
Department of
FISH and RCW 77.55.021 - Appeal pursuant to Chapter 34.05 RCW
WILDLIFE
Issue Date: October 17, 2006 Control Number:
Project Expiration Date: October 15, 2007 FPAIPublic Notice #:
Ar9�(05 171
North Puget Sound
16018 Mill Creek Boulevard
Mill Creek, WA 9BO12-1296
(425) 775-1311
106771-1
NIA
PERMITTEE 11 AUTHORIZED AGENT OR CONTRACTOR
Elana Shippen
18101 Sunset Way
Edmonds, WA 98026
425-778-6413
Fax: 425-608-2618
Project Name: Shippen Debris Removal
Project Description: Remove debris from creek
PROVISIONS
1. TIMING LIMITATIONS: The project may begin immediately and shall be completed by October
15,2007; PROVIDED:
a. Large debris or debris embedded in the streambed or bank shall only be removed between
between July 1 and October 15.
(NOTE: Overwater work may occur at anytime)
2. Work shall be accomplished per plans and specifications approved by the Washington
Department of Fish and Wildlife entitled 8004 Talbot Rd. Fence and Bridge Plan, undated, except
as modified by this Hydraulic Project Approval. A copy of these plans shall be available on site
during construction.
3. NOTIFICATION REQUIREMENT: The Area Habitat Biologist listed below shall be contacted by
phone or e-mail (holsegh@dfw.wa.gov) within seven days of completion of work to arrange for a
compliance inspection. The notification shall include the permittee's name and the control number
for this HPA.
4. Debris removal shall be accomplished in a manner that eliminates or decreases the chance of
disturbing sediments. This shall be done by removing debris gradually and in a controlled manner.
5. Debris removal shall be accomplished by hand or with hand tools.
6. Debris shall be removed with minimum disturbance to the streambed and banks.
7. All work operations shall be conducted in a manner that causes little or no siltation to adjacent
areas.
8. Disturbed bank areas shall be protected from erosion. Erosion control methods may include, but
are not limited to filter fabric and immediate mulching of exposed areas.
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Washington HYDRAULIC PROJECT APPROVAL Horth Puget Sound
Department of 16018 Mill Creek Boulevard
FISH and RCW 77.55.021 - Appeal pursuant to Chapter 34.05 RCW Mill Creek, WA 98412-1296
WILDLIFE
(425) 775-1311
Issue Cate: October 17, 2006 Control Number: 106771-1
Project Expiration Date: October 15, 2007 FPA/Public Notice #: NIA
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 Department of Ecology at 1-800-258-5990, and to the Area Habitat
Biologist listed below.
10. All waste material such as construction debris, silt, excess dirt or overburden resulting from this
project shall be deposited above the limits of flood water in an approved upland disposal site.
11. If high flow conditions that may cause siltation are encountered during this project, work shall
stop until the flow subsides.
PROJECT LOCATIONS
Location #1 ShioDen Debris Removal
WORK START:
October 18, 2006
WORK END: October 15, 2007
WRIA:
Waterbody:
Tributary to:
08.9998
Unnamed/Unnumbered Stream-
Puget Sound
114 SEC:
Section:
Township:
Range:
Latitude:
Longitude:
County:
All
07
�27 N
�04 E
N 47.8425
W 122.3414
Snohomish
Location #1 Driving Directions
Talbot Creek trib to
Puget Sound
NOTES
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.
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Washington HYDRAULIC PROJECT APPROVAL North Puget Sound
Department of 16418 Mill Creek Boulevard
FISH and RCW 77.55.021 - Appeal pursuant to Chapter 34.05 RCW Mill Creek, WA 98012-1296
WILDLIFE (425) 775-1311
Issue Date: October 17, 2006 Control Number: 106771.1
Project Expiration Date: October 15, 2007 FPA/Public Notice #: N/A
All Hydraulic Project Approvals issued pursuant to RCW 77.55.021 (EXCEPT agricultural irrigation, stock watering or
bank stabilization projects) or 77.55.141 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 agricultural irrigation, stock watering or bank stabilization Hydraulic Project Approvals issued
pursuant to RCW 77.55.021 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 77.55.301.
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 77.55.021,
77.55.141, 77.55.181, and 77.55.291: 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 Technical 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 77.55.021
(EXCEPT agricultural irrigation, stock watering or bank stabilization projects) or 77.55.291:
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 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 MPA Appeals
Coordinator, shall be plainly labeled as'REQUEST FOR FORMAL APPEAL' 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 that is 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 77.55.021 (agricultural irrigation,
stock watering or bank stabilization only), 77.55.141, 77.55.181, or 77.55.241: 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 TAKEN PURSUANT TO CHAPTER 43.21 L RCW: 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 FORMAL APPEAL shall be in
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``-'' ,-• Washington HYDRAULIC PROJECT APPROVAL
Department of
FISH and RCW 77.55.021 - Appeal pursuant to Chapter 34.05 RCW
WILDLIFE
Issue Date: October 17, 2006 Control Number:
Project Expiration Date: October 15, 2007 FPA/Public Notice #:
North Puget Sound
16018 Mill Creek Boulevard
Mill Creek, WA 98012-1296
(425) 775-1311
106771-1
NIA
accordance with the provisions of Chapter 43.21 L RCW and Chapter 199-08 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.Q. Box 40903,
Lacey, Washington 98504; telephone 3601459-6327.
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: Sergeant Lambert (41) P3
Habitat Biologist, for Director
Ginger Holser 425-379-2305 WDFW
CC:
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