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HomeMy WebLinkAbout1998.08.13 - Hydraulic Project Approvalfrdin{bf,}lparrrr.ntolIlSfl',aWIIDItr&DATE OF ISSUE: August 13. 1998IIYDRATILIC PROJECT APPNOVAI ;RCW 75.20.100 orRCW 75.20.108 i'.'. State of Washington. Dcpartment of Fish and WildlifeRegion 7 OIIicc600 Cepitol Way North, MS 3155Olympia, Washington 98501-1091LOG N{IMBER: 00-A3055-02PERMITTEEPort Townsend Golf CourseATTENTION: Mike Early1948 Blaine StreetPort Torvnsend, Washington 98368(360) 38s-4s47Not ApplicablePROJECT DESCRIPTION: Construct Riparian Plant Contro!PROJECT LOCATION: Port Torvnsend Golf CourseT WRIA WATER BODY TRIBUTARY TO I/4 SEC. SEC. TOWNSHIP RANGE COUNTYI lT.Lake Spring Valley Pond 2 30 North 0l West JeffersonNOTE: At the request of Mike Early, on July 17. 1998, this Hydraulic Project Approval ftIPA), which now supersedes all previous HPAs for thispro.iect, is a ienerval of the original HPA issued July l, 1996.EBAYryl. TIMING LIMITATIONS: The project mal begin Immediately and shall be completed by September 30, 2001.2. Willorv Trees that are located in the pond which is in rhe fainvay that parallels "F street, may be maintained at a height of two feet.3. All vegetation in the pond which is five feet of the tee area (edge of the pond), for the hole that parallels "F' Street, may be maintained at aheight oftrvo feet.SEPA: No SEPA RequiredAPPLICATIONACCEPTED: July 17. 1998ENT'ORCEMENT OFFICER: Tuggle 028 [P3]Chris Byrnes (360) 895-6123Area Habitat Biologistd; q"-Jfor DirectorWDFWGENERAL PROVISIONSThis Hydraulic Project Approval (HPA) pertains only to the provisions of the Fisheries Code (RCW 75.20). Additional authorizationfrom other public agencies may be necessary for this project.This HPA shall be available on the job site at all times and all its provisions followed by the permittee and operator(s) performing thework.This HPA does not authorize trespass.Paee I of3 fodi,rlb6D<ry.d.rlolFlSfr^tWII,DItrEHYDRAULIC PROJECT APPROVAI ;RCW 75.20.100 orRCrJl{ 75.20.108State of WsshingtonDcpartmcnt of Fish and WildlifeRegion 7 Ollice600 Cepitol Way North, MS 3155Olympia, lYashington 98501-1091DATE OF ISSUE: August 13. 1998LOGIIIUMBER: 00-A3055-02The person(s) to whom this HPA is issued may be held liable for any loss or damage to fish life or fish habitat which results fromfailure to conply with the provisions of this HPA.Failure to cornply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollarsper day or a gross misdemeanor charge, possibly punishable by fine and/or imprisonmentAll HPAs issued pursuant to RCW 75.20.100 or 75.20.160 are subject to additional restrictions, conditions or revocation if theDepartment of Fish and Wildlife determines that new biological or physical information indicates the need for such action. Thepermittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All HPAs issued pursuant to RCW 75.20.103 maybe modified by the Department of Fish and Wildlife due to changed conditions after consultation with the permittee: PROVIDEDHOWEVER, that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 75.20.130.APPEALS - GENERAL INFORMATIONIF YOU WISH TO APPEAL A DENIAL OF OR CONDITIONS PROVIDED IN A HYDRAULIC PROJECT APPROVAL,THERE ARE INFORMAL AND FORNTAL APPEAL PROCESSES AVAILABLE.A. INFORMAL APPEALS (WAC 220.110.340) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20.100,75.20. I 03, 7 5.20.t06, AND 75.20. r 60: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 HPA, or the conditions or provisions made part.of a HPA; or(B) An order imposing civil penalties.It is recornrnended that an aggrieved party contact the Area Habitat Biologist and discuss the concerns. Most problems areresolved at this level, but if not, you may elevate your concerns to his/her supervisor. A request for an INFORMAL REVIEWshall be in WRITING to the Department of Fish and Wildlife, 600 Capitol Way North, Olympia, Washington 98501-1091 andshall be RECEIVED by the Department within 30-days of the denial or issuance of a HPA or receipt of an order imposing civilpenalties. The 30-day time reQuirement may be stayed by the Department if negotiations are occurring between the aggrievedpa$' and the Area Habitat Biologist and/or his/trer supervisor. The Habitat Protection Services Division Manager or hiVherdesignee shall conduct a review and recommend a decision to the Director or its designee. If you are not satisfied with the resultsof this informal appeal, a formal appeal may be filed.B. FORN,IAL APPEALS (WAC 220-l 10-350) OF DEPARTMENT ACTIONS TAKEN PLTRSUANT TO RCW 75.20.100 OR7 5.20.106:A person who is aegrieved or adversely affected by the following Department actions may request an formal review of:(A) The denial or issuance of a HPA, or the conditions or provisions made part of a HPA;(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, 600 Capitol Way North,Olympia. Washington 98501-1091, shall be plainly labeled as "REQUEST FOR FORMAL APPEAL" and shall be RECEIVEDDURINC OFFICE HOURS by the Department within 30-days of the Department action that is being challenged. The time periodfor requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informalappeal. tlie deadline for requdsting a formal appeal shall be within 30-days of the date of the Department's written decision inresponse to the informal appeal.C. FOtu\'lAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20.103 or 75.20.160:A person rvho is aggrieved or adversely affected by the denial or issuance of a HPA, or the conditions or provisions made part ofa HPA nray request a forrnal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Boardper \\'AC 259-04 at Environmental Hearings Office, 4224 Sixth Avenue SE, Building Two - Rowe Six, Lacey, Washington98501; te lephone 3601 459-6327 .Pase 2 of3 @klfuaelqtwtiFISf,*aWIIDITTEIIYDRAULIC PROJECT APPROVATT :RCW 7520.100 orRCW 7520.108Statc ofWashingtonIlcpertmcat of Fish end WildlifeRegion 7 Officc6O{l Cepitol Way North, MS 3155Olympia, Weshingtol 98501-1091i-r-ti-t-rDATE OF ISSIJE: August 13. 1998LOGITIUMBER: 00-43055-02D. . FAILURE TO APPEAL WITHIN TI{E REQUIRED TTME PERIODS RESULTS IN FORFEITURE OF ALL APPEALRIGHTS. IF THERE IS NO TIMELY REQUEST FOR AN APPEAL, TTIE DEPARTMENT ACTION SHALL BE FINALAND UN-APPEALABLE.Paee 3 of3