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HPA 2018-4-234+01 for APP ID 13638.pdfWashington 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: April 09, 2018 Permit Number: 2018-4-234+01 Project End Date: April 08, 2023 FPA/Public Notice Number: N/A Application ID: 13638 PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Puget Sound Energy ATTENTION: Jessica Jackson PO Box 97034, PSE-09N Bellevue, WA 98009-9734 Project Name: 810 Hindley LN Distribution Gas Service Replacement Project Description: This is compliance related work to replace an existing pipe that is in poor condition. The project consists of the replacement of an existing natural gas distribution service that services residents in Edmonds. Approximately 111 feet of existing 1/2" gas pipe that services both 810 and 820 Hindley Ln will be replaced with new 1 1/8" gas pipe, extending south from the tie-in on Hindley Lane. The pipe will cross under Hindley Creek. The crossing will be constructed via horizontal directional drill with no work pits within 6' of the creek. The replacement line will be bored a minimum of 3' under the creek. PROVISIONS 1. TIMING - PLANS - INVASIVE SPECIES CONTROL 1. TIMING LIMITATION: Work may start immediately, provided the stream is dry or in a low -flow period. All work will be bored below the bed of the creek. 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 810 HINDLEY LN DISTRIBUTION GAS SERVICES, dated JANUARY 19, 2018, except as modified by this Hydraulic Project Approval. You must have a copy of these plans 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/wdfwOl490.pdf. NOTIFICATION REQUIREMENTS 4. 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. The notification must include the permittee's name, project location, starting date, and the Hydraulic Project Approval permit number. 5. 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 Page 1 of 7 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: April 09, 2018 Permit Number: 2018-4-234+01 Project End Date: April 08, 2023 FPA/Public Notice Number: N/A Application ID: 13638 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. 6. 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. 7. 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 8. Establish staging areas (used for equipment storage, vehicle storage, fueling, servicing, and hazardous material 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. 9. Use existing roadways or travel paths. 10. Design and locate new temporary access roads to prevent erosion and sediment delivery to waters of the state. 11. Clearly mark boundaries to establish the limit of work associated with site access and construction. 12. Limit the removal of native vegetation to the minimum amount needed to construct the project. 13. Retain all natural habitat features on the bed or banks including large woody material and boulders. You may move these natural habitat features during construction but you must place them near the preproject location before leaving the job site. 14. Station and operate equipment used for this project landward of the ordinary high water line. 15. If wet or muddy conditions exist, in or near a riparian zone or wetland area, use equipment that reduces ground pressure. 16. Check equipment daily for leaks and complete any required repairs in an upland location before using the equipment in or near the water. 17. Use environmentally acceptable lubricants composed of biodegradable base oils such as vegetable oils, synthetic esters, and polyalkylene glycols in equipment operated in or near the water. CONSTRUCTION -RELATED SEDIMENT, EROSION AND POLLUTION CONTAINMENT Work in the dry watercourse (when no natural flow is occurring in the channel, or when flow is diverted around the job Page 2 of 7 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: April 09, 2018 Permit Number: 2018-4-234+01 Project End Date: April 08, 2023 FPA/Public Notice Number: N/A Application ID: 13638 site). 18. Protect all disturbed areas from erosion. Maintain erosion and sediment control until all work and cleanup of the job site is complete. 19. All erosion control materials that will remain onsite must be composed of 100% biodegradable materials. 20. Straw used for erosion and sediment control, must be certified free of noxious weeds and their seeds. 21. Stop all hydraulic project activities except those needed to control erosion and siltation, if flow conditions arise that will result in erosion or siltation of waters of the state. 22. Prevent project contaminants, such as petroleum products, hydraulic fluid, fresh concrete, sediments, sediment - laden water, chemicals, or any other toxic or harmful materials, from entering or leaching into waters of the state. 23. Route construction water (wastewater) from the project to an upland area above the limits of anticipated floodwater. Remove fine sediment and other contaminants before discharging the construction water to waters of the state. CONSTRUCTION MATERIALS 24. Store all construction and deconstruction material in a location and manner that will prevent contaminants such as petroleum products, hydraulic fluid, fresh cement, sediments, sediment -laden water, chemicals, or any other toxic or harmful materials from entering waters of the state. 25. Do not stockpile construction material waterward of the ordinary high water line. 26. Use only clean, suitable material as fill material (no trash, debris, car bodies, tires, asphalt, concrete, etc.). UTILITY CROSSING 27. Align the gas line conduit as perpendicular as possible to the watercourse. 28. Avoid crossing at meander bends, braided streams, alluvial fans, active flood plains, or any other area that is inherently unstable and may lead to eroding and scouring the stream bed. 29. Avoid areas of groundwater upwelling or locations within one hundred feet upstream of documented fish spawning areas. 30. Install the conduit well below scour depth of the watercourse to prevent natural scouring of the stream bed from exposing the pipeline or cable. DEMOBILIZATION AND CLEANUP 31. Do not relocate removed or replaced structures within waters of the state. Remove and dispose of these structures in an upland area above the limits of anticipated floodwater. 32. Before the end of the in -water work period specified in the timing limitations provision, abandon temporary roads in wet or flood -prone areas. 33. Before the end of the in -water work period specified in the timing limitations provision, remove all temporary stream Page 3 of 7 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: April 09, 2018 Permit Number: 2018-4-234+01 Project End Date: April 08, 2023 FPA/Public Notice Number: N/A Application ID: 13638 crossings and restore the bed and banks to preproject condition. 34. Upon completion of the project, restore the disturbed bed, banks, and riparian zone to preproject condition to the extent possible. 35. Completely remove any temporary fill before the end of the in -water timing window if the fill material could erode and deliver sediment -laden water into waters of the state. 36. To minimize sediment delivery to the stream or stream channel, do not return in -stream flows to the work area until all in -channel work is completed and the bed and banks are stabilized. 37. Stabilize the bed with clean material sized to match undisturbed sediments. 38. Seed areas disturbed by construction activities with a native seed mix suitable for the site that has at least one quick -establishing plant species. 39. Upon completion of the project, remove all materials or equipment from the site and dispose of all excess spoils and waste materials in an upland area above the limits of anticipated floodwater. 40. Return water flow slowly to the in -water work area to prevent the downstream release of sediment laden water. If necessary, install silt fencing above the bypass outlet to capture sediment during re -watering of the channel. 41. Remove temporary erosion and sediment control methods after job site is stabilized or within three months of project completion, whichever is sooner. LOCATION #1: Site Name: 810 Hindley Lane 810 Hindley Ln, Edmonds, WA 98020-2621 WORK START: April 9, 2018 WRIA 08 - Cedar - Sammamish 1/4 SEC: Section NW 1/4 24 Location #1 Driving Directions Waterbody: Unknown Stream Number Township: Range: WORK END: April 9, 2023 Tributary to: Unknown 27 N 03 E 47.81942 Longitude: -122.3692 County: Snohomish From Seattle, take 1-5 North, take exit 177 WA-104 W/NE 205th St/Lake Ballinger Way. Turn Right on 95th PI. Turn left on 220th St SW. Turn right on 9th Ave N. Turn left onto Hindley Ln. APPLY TO ALL HYDRAULIC PROJECT APPROVALS Page 4 of 7 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: April 09, 2018 Permit Number: 2018-4-234+01 Project End Date: April 08, 2023 FPA/Public Notice Number: N/A Application ID: 13638 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. 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. Page 5 of 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: April 09, 2018 Permit Number: 2018-4-234+01 Project End Date: April 08, 2023 FPA/Public Notice Number: N/A Application ID: 13638 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. 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. Page 6 of 7 Washington Department of Fish & Wildlife HYDRAULIC PROJECT APPROVAL PO Box43234 W.hmg,n Department of Olympia, WA 98504-3234 FISH.�d WILDLIFE (360) 902-2200 Issued Date: April 09, 2018 Permit Number: 2018-4-234+01 Project End Date: April 08, 2023 FPA/Public Notice Number: N/A Application ID: 13638 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 Jamie Bails Jamie.Bails@dfw.wa.gov 425-775-1311, Ext:309 for Director WDFW Page 7 of 7