HPA.pdfWashington HYDRAULIC PROJECT APPROVAL North Puget Sound
Department of 16018 Mill Creek Boulevard
FISH and RCW 77.55.021 -Appeal pursuant to Chapter 34.05
WILDLIFE Mill Creek, WA 98012-1296
(425) 775-1311
Issue Date: July 14, 2008 Control Number. 113676-1
Project Expiration Date: December 31, 2009 FPA/Public Notice #: NIA
PERMITTEE
Nickel Bros House Moving USA
ATTENTION: Candace Montgomery
505 E Marine View Dr
Everett, WA 98201
425-257-2467
Project Name: Chinook House
AUTHORIZED AGENT OR CONTRACTOR
Project Description: Moving house to temporary Nickel Bros storage facility
PROVISIONS
1. TIMING LIMITATIONS: The project may begin .July 15 and shall be completed by
December 31, 2009, provided,
a. SURF SMELT: Due to the lengthy spawning period of surf smelt in this portion of Puget Sound,
work below the ordinary high water line from September 1 through December 31 and January 1
through March 31 of any year may be acceptable if a WDFW certified biologist using WDFW survey
protocols that confirms an absence of forage fish eggs during a site inspection. Work shall .
commence within 48 hours of notification by WDFW and shall be completed within seven days of
project commencement.
b. SANDLANCE: Work below the ordinary high water line shall not occur from October 15 through
December 31 and from January 1 through March 1 of any year for the protection of Pacific sand
lance spawning beds.
2. This project is approved as illustrated in your application subject to the following provisions.
3. Under normal circumstances, the barge shall not be allowed to ground.
4. The ramp element shall extend landward of the -10.91 mean higher. high water (MHHW) tidal
elevation (MLLW = 0.0).
5. Motorized equipment shall not be operated on the beach during the offloading operation.
6. The tug tending the barge shall be operated in a manner that avoids prop scouring of the bed.
The barge landing shall only occur during a high tide cycle to avoid prop scouring of the bed.
7. All depressions or holes created in the beach area shall. be backfilled upon project completion.
8. If kelp, eelgrass, or macroalgae beds are present, vessel operation shall be restricted. to tidal
elevations adequate to prevent propeller related damage to vegetation.
Washington HYDRAULIC PROJECT APPROVAL North Puget Sound
Department of 16018 Mill Creek Boulevard
FISH and RCW 77.55.021 - Appeal pursuant to Chapter 34.05 Mill Creek, VIA 98012-1296
WILDLIFE (425) 775-1311
Issue Date: July 14, 2008 Control Number: 113676-1
Project Expiration Date: December 31, 2009 FPA/Public Notice #: NIA
HABITAT PROVISIONS
9. Eefgrass, kelp, and other macroalgae species shall not be adversely impacted due to any project
activities (e.g., barge shall not ground, anchors and spuds shall not be deployed, equipment shall
not operate, and other project activities shall not occur in eelgrass and kelp).
WATER QUALITY PROVISIONS
10. Project activities shall be conducted.to minimize siltation of the beach area and bed.
1'I . 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.
12. All debris or deleterious material resulting from construction shall be removed from the beach
area and bed and prevented from entering waters of the state.
13. An emergency spill containment kit must be located on site along with a pollution prevention
plan detailing planned fueling, materials storage, and equipment storage. Waste storage areas
must be prepared to address prevention and cleanup of accidental spills.
14. No petroleum products or other deleterious materials shall enter surface waters.
15. Wood treated with preservatives, trash, waste, or other deleterious materials shall not be
burned below the ordinary high water line. Limited burning of untreated wood or similar material
may be allowed at or above the mean higher high water line.
16. Project activities shall not degrade water quality to the detriment of fish life.
PROJECT LOCATIONS
Location #1 Beach Place
WORK START: July 15, 2008
IWORK END: December 31, 2009
WRIA:
Waterbody:
Tributary to:
07.9090
Wria 07 Marine
Puget Sound
114 SEC:
Section:
Township:
Range:
Latitude:
Longitude:
County:
All 123
27 N
03 E
N 47.811
W 122.386
Snohomish
Location #1 Driving Directions
Edmonds waterfront, north of public fishing pier
z . Washington HYDRAULIC PROJECT APPROVAL North Puget Sound
Department of 16018 Mill Creek Boulevard
FISH and RCW 77.55.021 - Appeal pursuant to Chapter 34.05 Mill Creek, WA 98012-1296
WILDLIFE
(425) 775-1311
Issue Date: July /4, 2008 Control Number: 113676-1
Project Expiration Date: December 31, 2009 FPA/Public Notice #: NIA
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 a[[ 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
hundrd dollars per day and/or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment.
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 95501-1091 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 parry 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 forma[ appeal may
be filed.
B. FORMAL APPEALS (WAC 220-110-350) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021
(E=XCEPT agricultural irrigation, stock watering or bank stabilization projects) or 77.55.291:
A nnrcnn whn is annriavarl nr nrltiromohi affartcarl by tha fnlinwinn r)Pnartmant artinnc may rani fact a fnrmal raviaur nf,
Washington HYDRAULIC PROJECT APPROVAL North Puget Sound
Department of 16018 Mill Creek Boulevard
FISH and RCW 77.55.021- Appeal pursuant to Chapter 34.05 Mill Creek, WA 98012-1296
WILDLIFE
(425) 775-1311
Issue Date: July 14, 2008 Control Number: 113676-1
Project Expiration Date: December 31, 2009 FPAIPublic Notice #: NIA
Project Approval;
(S) 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 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 .4321 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
accordance with the provisions of Chapter 43.21L 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.O. 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 Mullins (33) P3
Habitat 13iologist for Director
Laura Arber 425-379-2306 ' — — WDFW
CC: