HomeMy WebLinkAboutHPA FOR FLOOD PROTECTION
Washington HYDRAULIC PROJECT APPROVAL Department of FISH and WILDLIFE 16018 Mill Creek Boulevard Mill Creek, WA 98012-1296 (425) 775-1311 North Puget Sound RCW 77.55.021 -Appeal Pursuant
to Chapter 34.05 RCW Project Expiration Date: October 21, 2014 Control Number: FPA/Public Notice #: Issue Date: October 22, 2009 118861-1 N/A ATTENTION: Dennis Dowdy 25 West Main Street
Auburn, WA 98001-4998 253-931-3023 PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Director City of Auburn Public Works Fax: 253-931-3053 Project Name: Project Description: City of Auburn Primary
Flood Containment Install temporary flood containment barrier devices adjacent to the Green River and Mill (Hill) Creek in Auburn. The devices include Hesco baskets, Supersacks, georgid
wrapped berms, Jersey barriers, sandbags, culvert covers, other temproary barriers. Locations include 13,000 feet of levee topper along the existing levee on the west side of the river
between 8th St. NE and 40th St. NE and 8,000 feet of temporary setback levee from 40th St. NE to S. 277th St. Culvert covers and sandbags will be installed at railway crossings if Green
River flows exceed 12,000 cubic feet per second. 1. The project may begin immediately and shall be completed by October 21, 2014, provided removal of all temporary flood protection materials
shall occur within one year of the date of successful completion of repairs to restore the flood protection function of Howard Hansen Dam. 2. Work shall be accomplished per plans and
specifications approved by the Washington Department of Fish and Wildlife (WDFW) entitled, "GREEN RIVER LEVEE PROTECTION", dated October 15, 2009, except as modified by this Hydraulic
Project Approval. A copy of these plans shall be available on site during construction. 3. Equipment used for this project shall operate stationed on the tops of and landward sides of
the existing levees. 4. Temporary flood protection shall be installed to ensure its structural integrity up to 100 year peak flows. 5. All waste material such as construction debris,
silt, excess dirt or overburden resulting from this project shall be deposited above the limits of floodwater in an approved upland disposal site. 6. Disturbance waterward of the top
of the levees to the banks and their associated vegetation shall be avoided. Any affected areas waterward of the top of the levees shall be restored to pre-project or improved habitat
configuration. Prior to December 31 of the year of project installation, the disturbed areas of vegetation shall be revegetated with native or other woody species approved by the WDFW
Area Habitat Biologist (AHB) listed below. Vegetative cuttings shall be planted at a maximum interval of three feet (on center). Plantings shall be maintained as necessary for three
PROVISIONS Page 1 of 4
Washington HYDRAULIC PROJECT APPROVAL Department of FISH and WILDLIFE 16018 Mill Creek Boulevard Mill Creek, WA 98012-1296 (425) 775-1311 North Puget Sound RCW 77.55.021 -Appeal Pursuant
to Chapter 34.05 RCW Project Expiration Date: October 21, 2014 Control Number: FPA/Public Notice #: Issue Date: October 22, 2009 118861-1 N/A years to ensure 80 percent or greater survival
of each species or a contingency species approved by the AHB. 7. 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 Emergency Management Division at 1-800-258-5990, and to the AHB. 8. Erosion
control methods shall be used to prevent silt-laden water from entering the river and wetlands associated with the river. These may include, but are not limited to, straw bales, filter
fabric, temporary sediment ponds, check dams of pea gravel-filled burlap bags or other material, and/or immediate mulching of exposed areas. 9. Prior to starting work, the selected erosion
control methods (Provision 8) shall be installed. Accumulated sediments shall be removed during the project and prior to removing the erosion control methods after completion of work.
10. 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 river or wetlands associated with the river. Location #1 Auburn levees west side downstream end WRIA: Tributary to: 1/4 SEC: Section: Township:
Range: 09.0001 Elliott Bay Latitude: Longitude: SW 1/4 08 21 N 05 E N 47.31554 W 122.20611 Duwamish River/Green River County: King WORK START: October 22, 2009 WORK END: October 21,
2014 Waterbody: Location #1 Driving Directions Location #2 Auburn levees west side upstream end WRIA: Tributary to: 1/4 SEC: Section: Township: Range: 09.0001 Elliott Bay Latitude: Longitude:
NW 1/4 31 22 N 05 E N 47.35635 W 122.21907 Duwamish River/Green River County: King WORK START: October 22, 2009 WORK END: October 21, 2014 Waterbody: Location #2 Driving Directions PROJECT
LOCATIONS Page 2 of 4
Washington HYDRAULIC PROJECT APPROVAL Department of FISH and WILDLIFE 16018 Mill Creek Boulevard Mill Creek, WA 98012-1296 (425) 775-1311 North Puget Sound RCW 77.55.021 -Appeal Pursuant
to Chapter 34.05 RCW Project Expiration Date: October 21, 2014 Control Number: FPA/Public Notice #: Issue Date: October 22, 2009 118861-1 N/A 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 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
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 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. Page 3 of 4
Washington HYDRAULIC PROJECT APPROVAL Department of FISH and WILDLIFE 16018 Mill Creek Boulevard Mill Creek, WA 98012-1296 (425) 775-1311 North Puget Sound RCW 77.55.021 -Appeal Pursuant
to Chapter 34.05 RCW Project Expiration Date: October 21, 2014 Control Number: FPA/Public Notice #: Issue Date: October 22, 2009 118861-1 N/A 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 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 43.21L 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 360/459-6327. 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. for Director Larry Fisher 425-313-5683 WDFW ENFORCEMENT: Sergeant Chandler
(34) P2 Habitat Biologist CC: Page 4 of 4