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19-104208-Hydraulic Project Approval-01-25-2021-V1PERMITTEE AUTHORIZED AGENT OR CONTRACTOR North Fork Environmental ATTENTION: Amy Grealish William Rehe 212 SW 292nd St 8305 Dogwood Ln NW Federal Way, WA 98023 Gig Harbor, WA 98332-6724 Project Name:Grealish Bulkhead Repair/Replacement Project Project Description:Replace the existing concrete bulkhead with a concrete bulkhead approximately 1 foot landward of its current location. PROVISIONS 1. TIMING LIMITATION: To protect fish and shellfish habitats at the job site, work below the ordinary high water line must occur from AUGUST 1 and SEPTEMBER 30 of any year. Due to the lengthy spawning period for surf smelt in this portion of Puget Sound work will also be allowed from OCTOBER 1 through DECEMBER 31 and JANUARY 1 through FEBRUARY 15 of any year if a biologist approved by the Department of Fish and Wildlife does not detect surf smelt eggs during a beach survey. Work must begin within seventy-two hours of survey and you must complete the work within two weeks of the survey. The biologist must follow the department-approved intertidal forage fish spawning protocol and use the standard department data sheets when conducting forage fish spawning beach surveys. A list of certified biologists, the approved protocol and data sheets are available on the department's web site http://wdfw.wa.gov/licensing/hpa/technical_assistance.html. The biologist must submit the completed, data sheets to the department within seventy-two hours of completing the survey to WDFW by e-mail at HPAapplications@dfw.wa.gov; mail to Post Office Box 43234, Olympia, Washington 98504-3234; or fax to (360) 902- 2946. In addition, the biologist must preserve the winnowed portion of the sediment samples and retain them for a minimum of four weeks. The sediment samples must be provided to WDFW staff upon request. 2. APPROVED PLANS: Work must be accomplished per plans and specifications submitted with the application and approved by the Washington Department of Fish and Wildlife, entitled AMY GREALISH BULKHEAD REPLACEMENT, dated JUNE 20, 2020, 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. NOTIFICATION 3. 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 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. 4. 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 Page 1 of 7 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2021-4-59+01 FPA/Public Notice Number: N/A Application ID: 23696 Project End Date: December 31, 2024 Issued Date: January 21, 2021 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. 5. 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 6. Establish the staging area (used for activities such as equipment storage, vehicle storage, fueling, servicing, and hazardous material storage) in a location and manner that will prevent contaminants like petroleum products, hydraulic fluid, fresh concrete, sediments, sediment-laden water, chemicals, or any other toxic or harmful materials from entering waters of the state. 7. Clearly mark boundaries to establish the limit of work associated with site access and construction. 8. Limit the removal of native bankline vegetation to the minimum amount needed to construct the project. 9. Retain all natural habitat features on the beach larger than twelve inches in diameter including trees, stumps, logs, and large rocks. These natural habitat features may be moved during construction but they must be placed near the preproject location before leaving the job site. 10. Confine the use of equipment to specific access and work corridor shown in the approved plans. 11. Check equipment daily for leaks and complete any required repairs before using the equipment in or near the water. 12. Lubricants composed of biodegradable base oils such as vegetable oils, synthetic esters, and polyalkylene glycols are recommended for use in equipment operated in or near water. 13. Operate vessels with minimal propulsion power and in adequate water depth to prevent impacts from grounding and propeller wash to seagrass, kelp, and forage fish spawning beds. 14. Operate vessels with minimal propulsion power to avoid prop scour damage to the bed and marine vegetation habitats. 15. Restrict vessel operation to tidal elevations adequate to prevent propeller related damage to seagrass and kelp. 16. Do not deploy anchors or spuds in seagrass or kelp. 17. Relocate vessels moored over seagrass between March 21 and September 21 every 4th day to minimize shading of seagrass. CONSTRUCTION-RELATED SEDIMENT, EROSION AND POLLUTION CONTAINMENT 18. Do not conduct project activities when the work area is inundated by tidal waters. Page 2 of 7 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2021-4-59+01 FPA/Public Notice Number: N/A Application ID: 23696 Project End Date: December 31, 2024 Issued Date: January 21, 2021 19. Prevent contaminants from the project, 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. 20. Use tarps or other methods to prevent treated wood, sawdust, trimmings, drill shavings and other debris from contacting the bed or waters of the state. CONSTRUCTION MATERIALS 21. Do not use native bed material, other than material excavated for bulkhead footings or placement of bulkhead base rock, for project construction or fills. 22. To prevent leaching, construct forms to contain any wet concrete. Place impervious material over any exposed wet concrete that will come in contact with waters of the state. Forms and impervious materials must remain in place until the concrete is cured. 23. Do not use wood treated with oil-type preservative (creosote, pentachlorophenol) in any hydraulic project. Wood treated with waterborne preservative chemicals (ACZA, ACQ) may be used if the Western Wood Preservers Institute has approved the waterborne chemical for use in the aquatic environment. The manufacturer must follow the Western Wood Preservers Institute guidelines and the best management practices to minimize the preservative migrating from treated wood into aquatic environments. To minimize leaching, wood treated with a preservative by someone other than a manufacturer must follow the field treating guidelines. These guidelines and best management practices are available at www.wwpinstitute.org. BULKHEAD ±CONCRETE 24. Project activities include removing the existing concrete bulkhead and replacing with a new concrete bulkhead, and extending the height from 3 ft to 6 ft, matching the height of neighboring bulkheads, as illustrated in your plans, except as modified by this Hydraulic Project Approval. 25. The length of the new concrete bulkhead must not exceed 54 lineal feet as shown in the approved plans. 26. Establish the waterward distance of the concrete bulkhead from a permanent benchmark(s) (fixed objects) before starting work on the project. The benchmarks must be located and shown on the approved plans, marked in the field, and protected to serve as a post-project reference for ten years. 27. Remove the existing concrete bulkhead and associated materials from the beach and deposit the bulkhead in an upland area above the limits of extreme high tidal water. 28. The waterward face of the concrete bulkhead must be located one foot landward of the face of the existing bulkhead as specified in the approved plans. 29. The inset stairway must be installed no further waterward than the toe of the new bulkhead. 30. Bury the top of the footing a minimum of 18 inches below the preproject natural beach grade. 31. Sand and gravel placed on the beach should be appropriately sized to provide forage fish spawning substrate following the provisions below: a. For surf smelt spawning beaches, material placed must be in compliance with the following specifications: Page 3 of 7 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2021-4-59+01 FPA/Public Notice Number: N/A Application ID: 23696 Project End Date: December 31, 2024 Issued Date: January 21, 2021 Sieve Size Percent passing by weight 5/8-inch 100 3/8-inch 90-100 1/16-inch 40-50 1/100-inch (.25mm) 0-5 b. Spread the material along the entire length of the bulkhead (54 lf) waterward for a distance of 9 lineal feet to a uniform depth of 6 inches. c. Use clean, round gravel, not crushed or angular rock. d. The mix must not contain fine silt or clay type soils. e. The sand and gravel mix must be placed within 72 hours following bulkhead construction. 32. Keep the use of equipment on the beach to a minimum, confined to a single access point, and limited to a 25-foot work corridor waterward of the footing. Construction material must not touch the beach outside beach outside this work corridor. 33. Do not stockpile excavated materials containing silt, clay, or fine-grained soil waterward of the ordinary high water line. 34. You may stockpile coarse excavated material waterward of the ordinary high water line provided the material is placed within the 25-foot work corridor waterward of the footing. 35. If sand, gravel, and other coarse excavated material is to be temporarily placed where it will come into contact with tidal waters, this material must be covered with filter fabric and adequately secured to prevent erosion and/or potential entrainment of fish. 36. Prior to tidal inundation, backfill all trenches, depressions, or holes created during construction waterward of the ordinary high water line. 37. Remove all stockpiled and excavated material from the beach within 72 hours of bulkhead construction. 38. Reshape beach area depressions created during project activities to preproject beach level upon project completion. DEMOBILIZATION/CLEANUP 39. Remove all trash and unauthorized fill in the project area, including concrete blocks or pieces, bricks, asphalt, metal, treated wood, glass, floating debris, and paper, that is waterward of the ordinary high water line and deposit upland. 40. Reshape beach area depressions created during project activities to preproject beach level upon project completion. 41. Remove all debris or deleterious material resulting from construction from the beach area or bed and prevent from entering waters of the state. 42. Do not burn wood, trash, waste, or other deleterious materials waterward of the ordinary high water line. 43. Alteration or disturbance of the bank and bank vegetation must be limited to that necessary to construct the project. Within seven calendar days of project completion, all disturbed areas must be protected from erosion using vegetation or other means. Replace damaged or destroyed riparian vegetation during the first dormant season (late fall through Page 4 of 7 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2021-4-59+01 FPA/Public Notice Number: N/A Application ID: 23696 Project End Date: December 31, 2024 Issued Date: January 21, 2021 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. 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 civil action against you, including, but not limited to, a stop work order or notice to comply, and/or a gross misdemeanor criminal charge, possibly punishable by fine and/or imprisonment. LOCATION #1:Site Name: Grealish Project Site 212 SW 292nd St, Federal Way, WA WORK START:January 21, 2021 WORK END:December 31, 2024 WRIA Waterbody:Tributary to: 09 - Duwamish - Green Wria 09 Marine Puget Sound 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: NE 1/4 06 21 N 04 E 47.341036 -122.336875 King Location #1 Driving Directions From Interstate 5: Take exit 143 for S. 320th St Turn left onto S. 320th St Turn right onto 1st Ave S Turn left onto SW 292nd St Destination is on the right. late winter) after project completion. Maintain plantings for at least three years to ensure at least eighty percent of the plantings survive. Failure to achieve the eighty percent survival in year three will require you to submit a plan with follow-up measures to achieve requirements or reasons to modify requirements. Page 5 of 7 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2021-4-59+01 FPA/Public Notice Number: N/A Application ID: 23696 Project End Date: December 31, 2024 Issued Date: January 21, 2021 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. 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. Page 6 of 7 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2021-4-59+01 FPA/Public Notice Number: N/A Application ID: 23696 Project End Date: December 31, 2024 Issued Date: January 21, 2021 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. 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 Laura.Arber@dfw.wa.gov for Director WDFWLaura Arber 425-379-2306 Page 7 of 7 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2021-4-59+01 FPA/Public Notice Number: N/A Application ID: 23696 Project End Date: December 31, 2024 Issued Date: January 21, 2021