HPA Permit_2014-2019.pdfWashington 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: October 03, 2014 Permit Number: 2014-4-269+01
Project End Date: September 30, 2019 FPA/Public Notice Number: N/A
Application ID: 1612
PERMITTEE AUTHORIZED AGENT OR CONTRACTOR
City of Edmonds
ATTENTION: Jerry Shuster
121 5th Ave N
Edmonds, WA 98020-3145
Project Name: Maintenance Activities in City Creeks including the Perrinville Creek Bypass
Project Description: This programmatic permit for stormwater and stream -related maintenance activities involves
existing stormwater conveyance structures within the City right-of-way and stream corridors
along Shell Creek, Perrinville Creek, Willow Creek, Shellabarger Creek, Fruitdale Creek,
Hindley Creek, Northstream, and several unnamed creeks in the City of Edmonds. The project
included 51 separate sites.
The Project Location in this application is 1 of the 51. The remaining locations are shown in
the attachments.
The property where this maintenance will take place is City -owned or consists of conveyance
structures in easements across private property (See attachments 1 and 2 for locations). All of
the property is city right-of-way or private ownership consisting of single-family homes, and
government or educational institutions.
PROVISIONS
1. This is Hydraulic Project Approval (HPA) is for the maintenance of watercourses within
the City of Edmonds by the Maintenance Department. Maintenance authorized by this HPA includes the clearing and
removal of trash, garbage, vehicles, and accumulated sediment, small organic debris, vegetation and dead
livestock or other animals that may be interfering with drainage or posing an environmental hazard.
a. This HPA does not authorize the removal of large organic debris =>6 inches in diameter and => 10 feet long or tree
rootwads >3 feet diameter. Furthermore, this HPA does not authorize the
expansion of the drainage channel beyond the original depth and width, or the excavation of an
entirely new or relocated drainage channel.
b. This HPA applies to authorized work in watercourses within the jurisdiction of WDFW (see WAC
220-110-020(83)), including natural watercourses which have been altered by human activity.
c. This HPA may be reviewed for renewal prior to the completion date listed below.
d. This HPA does not authorize trespass onto property not owned by the permittee. It is the permittee's responsibility to
obtain permission to enter property owned by others.
e. This HPA pertains only to the provisions of the Washington State Fish 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.
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: October 03, 2014 Permit Number: 2014-4-269+01
Project End Date: September 30, 2019 FPA/Public Notice Number: N/A
Application ID: 1612
2. TIMING LIMITATIONS: Maintenance operations to be conducted under this HPA may begin
immediately and shall be completed by September 30, 2019, PROVIDED:
a. Work below the ordinary high water line of a flowing stream shall only occur between July 1 and
September 30 of each year.
b. Emergency instream sediment work may be approved PRIOR to begining the project by contacting the Area Habitat
Biologist listed below.
c. The Perrinville Creek bypass shall be cleaned as needed from March 1 to September 30 in any given year.
d. Work with hand-held equipment may occur year-round as needed in non -fish bearing streams. If a stream is fish -
bearing, approval from the Area Habitat Biologist listed below is required prior to beginning work.
3. NOTIFICATION REQUIREMENT:The Area Habitat Biologist (AHB) listed below shall receive
written notification (FAX or mail) from the person to whom this Hydraulic Project Approval (HPA) is
issued (permittee) or the agent/contractor no less than 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 HPA.
4. BYPASS: All applicable Best Management Practices as described in 'Regional Road
Maintenance, Endangered Species Act, Program Guidelines' (January 18, 2002) shall be
implemented to assure protection of fish life.
5. If the stream is flowing at the time of maintenance, a temporary bypass or other approved
stream diversion method to divert flow around the work area shall be in place prior to initiation of
other work in the wetted perimeter.
6. A sandbag revetment or similar device shall be installed at the bypass inlet to divert the entire
flow through the bypass.
7. A sandbag revetment or similar device shall be installed at the downstream end of the bypass to
prevent backwater from entering the work area.
8. The bypass shall be of sufficient size to pass all expected flows and debris for the duration of
the project.
9. Prior to releasing the water flow to the project area, all maintenance shall be completed.
10. Upon completion of the project, all material used in the temporary bypass or other diversion
method shall be removed from the site and the site returned to pre -project or improved conditions.
11. FISH REMOVAL AND SCREENING: If fish are present in the watercourse, the City of
Edmonds shall screen the project reach to prevent fish access during the maintenance activity,
then a qualified biologist shall capture and safely move food fish, game fish, and other fish life from
the job site. The permittee shall have appropriate fish capture and transportation equipment ready
and on the job site. Captured fish shall be immediately and safely transferred to free -flowing water
downstream of the project site.
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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: October 03, 2014 Permit Number: 2014-4-269+01
Project End Date: September 30, 2019 FPA/Public Notice Number: N/A
Application ID: 1612
12. Any device used for diverting water from a fish -bearing stream shall be equipped with a fish
guard to prevent passage of fish into the diversion device pursuant to RCW 77.55. The pump
intake shall be screened with 1/8-inch mesh to prevent fish from entering the system. The
screened intake shall consist of a facility with enough surface area to ensure that the velocity
through the screen is less than 0.4 feet per second. Screen maintenance shall be adequate to
prevent injury or entrapment to juvenile fish and the screen shall remain in place whenever water is withdrawn from the
stream through the pump intake.
13. SEDIMENT REMOVAL PROVISIONS: Dredging shall not be conducted in fish spawning areas.
14. Dredging shall be accomplished by starting at the upstream end of the project boundary and
working downstream.
15. Dredged streambed materials shall be disposed upland of so they will not re-enter state
waters.
16. Upon completion of the dredging, the streambed shall contain no pits, potholes, or large
depressions to avoid stranding of fish.
17. Dredging shall be limited to deepening of the streambed. Banks shall not be disturbed. Less
than 50 cubic yards of material shall be removed without additional State Environmental Policy Act
(SEPA) review.
18. Equipment shall be operated to minimize turbidity. During excavation of sediments, each pass
with the bucket shall be complete. Dredged material shall not be stockpiled in the watercourse.
19. GENERAL PROVISIONS: Equipment used for maintenance shall be free of external petroleumbased products
while working around state waters. Equipment shall be checked daily for leaks and any necessary repairs shall be
completed prior to commencing work activities along state waters.Fueling of equipment shall not occur near state
waters.
20. Disturbance of riparian vegetation shall be limited to that necessary to conduct the
maintenance. Affected critical area buffers shall be restored to pre -project or improved habitat
configuration following the maintenance activity. Within seven calender days of completion of
maintenance, all disturbed critical area buffers shall be protected from erosion using vegetation or
other means. Prior to the start of the first subsequent growing season (March 1), the disturbed
critical area buffers shall be revegetated with native or other woody species approved by WDFW.
Vegetative cuttings shall be planted at a maximum interval of three feet (on center). Plantings shall
be maintained as necessary for three years to ensure 80 percent or greater survival.
21. 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), operations shall cease and
immediate notification made to the Washington Department of Ecology (DOE) at 800-258-5990 or
425-649-7000 and to the Area Habitat Biologist listed below. For emergency response to an oil
spill, contact the Spill Response Team at360-534-8233. Work shall not resume until the DOE has
notified WDFW that water quality issues have been addressed and WDFW notifies the City of
Edmonds.
22. Erosion and sedimentation control methods shall be used to prevent silt -laden water from
entering state waters. These may include, but are not limited to, straw bales, filter fabric, temporary
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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: October 03, 2014 Permit Number: 2014-4-269+01
Project End Date: September 30, 2019
FPA/Public Notice Number: N/A
Application ID: 1612
sediment ponds, check dams of pea gravel -filled burlap bags or other material, immediate mulchingof exposed areas,
or other effective methods.
23. Prior to starting work, the selected erosion and sedimentation control methods (Provision 23)
shall be installed. Accumulated sediments shall be removed during the project and after
completion of work and disposed of so they will not enter state waters.
24. Wastewater from project activities and water removed from within the work area shall be routed to an area
landward of the ordinary high water line to allow removal of fine sediment and other contaminants prior to being
discharged to the state waters.
25. 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.
26. If high flow conditions that may cause siltation are encountered during this project, work shall
stop until the flow subsides.
27. 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 state waters.
28 MONITORING AND REPORTING: The Area Habitat Biologist may request review of completed
projects to assure compliance with the above provisions and implementation of standard Best
Management Practices as described in 'Regional Road Maintenance, Endangered Species Act,
Program Guidelines' (January 18, 2002).
LOCATION #1: Site Name: MDC-1
7220 N Meadowdale Rd, Edmonds, WA 98026-4548
WORK START: October 1, 2014
WRIA Waterbody:
08 - Cedar - Sammamish
1 /d CFr`• Car+inn
Unknown Stream Number
Township: Range:
WORK END: September 30, 2019
Tributary to:
Unknown
Latitude: Longitude: County:
05 27 N 04 E 47.853399
Location #1 Drivina Directions
-122.331548 Snohomish
APPLY TO ALL HYDRAULIC PROJECT APPROVALS
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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: October 03, 2014 Permit Number: 2014-4-269+01
Project End Date: September 30, 2019 FPA/Public Notice Number: N/A
Application ID: 1612
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. A minor modification to the required work timing means up to a
one -week deviation from the timing window in the HPA when there are no spawning or incubating fish 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. Minor modifications do not require you to pay additional application fees or be
issued a new HPA. 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 do not use APPS you must submit a written request that clearly indicates you are seeking a minor modification to an
existing HPA. Include the HPA number and a description of the requested change and 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. Do not include payment with your request. 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 paid an
application fee for your original HPA you must pay an additional $150 for the major modification. If you did not pay an
application fee for the original HPA, no fee is required for a change to it. 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 do not use APPS you must submit a written request that clearly
indicates you are requesting a major modification to an existing HPA. Include the HPA number, check, and a description
of the requested change. Send your written request and payment, if applicable, by mail to: Washington Department of
Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234. You should allow up to45 days for the department
to process your request.
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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: October 03, 2014 Permit Number: 2014-4-269+01
Project End Date: September 30, 2019 FPA/Public Notice Number: N/A
Application ID: 1612
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 r360) 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.
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: WAC220-110-350 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.
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Washington Department of
Fish & Wildlife
HYDRAULIC PROJECT APPROVAL PO Box43234
w�nn or Olympia, WA 98504-3234
F and WULN
(360) 902-2200
Issued Date: October 03, 2014 Permit Number: 2014-4-269+01
Project End Date: September 30, 2019 FPA/Public Notice Number: N/A
Application ID: 1612
Habitat Biologist Jamie.Bails@dfw.wa.gov ^^ }� for Director
Jamie Bails 425-775-1311, Ext:309 WDFW
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