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2010, 07-12 Hydraulic Project Approvaltil -e l, Washington Department of FISH and WILDLIFE HYDRAULIC PROJECT APPROVAL RCW 77.55.021 - See appeal process at end of HPA Issue Date: July 02, 2010 Project Expiration Date: August 31, 2010 Ectc„ m 2315 N DiscoveryRIKEIVED Spokane, WA 99218 (509) 892-1001 JUL 12 2010 Control Number: 12029 FPA/Public Notice #: N/A 6Spokane Valley Permit Center PERMITTEE Monarch Development Inc 11354 N Government Wy Hayden, WA 83835 208-772-9333 Fax: 208-772-9484 Project Name: Project Description: AUTHORIZED AGENT OR CONTRACTOR North Idaho Maritime 1682 W Blackwell Mill Rd Coeur d'Alene, ID 83814 208-664-8215 11029 E Coyote Rock Ln Lot 9 Pre -constructed modular floating dock designed for pleasure craft only for the private non-commercial use of the contract purchaser of a single family residence as allowed. Dock to be installed with as little impact to natural landscape (sic) and minimal construction activities on site. PROVISIONS 1. TIMING LIMITATIONS: The project may begin July 2, 2010 and shall be completed by August 31, 2010. 2. Work shall conform to plans and specifications received by the Washington Department of Fish and Wildlife (WDFW) entitled JARPA and dated April 26, 2010, except as modified by this Hydraulic Project Approval (HPA). 3. NOTIFICATION REQUIREMENT: The Area Habitat Biologist (AHB) listed below shall receive notification (Fax: 921-2440 or phone: 892-1001) from the person to who this Hydraulic Project Approval (HPA) is issued (permittee) or the agent/contractor 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. NOTIFICATION REQUIREMENT: WDFW Enforcement Officer Mosman shall receive notification (Fax: 921-2440 or phone: 892-1001) from the person to whom this Hydraulic Project Approval (HPA) is issued (permittee) or the agent/contractor prior to start of work. The notification shall include the permittee's name, project location, starting date for work or completion date of work, and the control number for this HPA. 5. Floatation for the structure shall be enclosed and contained to prevent the breakup or loss of the floatation material into the water. 6. All work operations shall be conducted in a manner that causes little or no siltation to adjacent areas. 7. The use of equipment below the ordinary high water line shall be limited to hand held tools only. 8. Alteration or disturbance of the shoreline and shoreline vegetation shall be limited to that Page 1 of 4 Washington Department of FISH and WILDLIFE HYDRAULIC PROJECT APPROVAL RCW 77.55.021 - See appeal process at end of HPA Issue Date: July 02, 2010 Project Expiration Date: August 31, 2010 Eastern 2315 N Discovery Place Spokane, WA 99218 (509) 892-1001 Control Number: 120296-1 FPA/Public Notice #: N/A necessary to construct the project. This should be minimal. Within seven calendar days of project completion, all disturbed areas shall be protected from erosion using vegetation or other means.Within one year of project completion, the banks shall be revegetated with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet (on center) and maintained as necessary for three years to ensure 80 percent survival. 9. Aquatic vegetation shall not be removed or disturbed, except for that incidental to the physical placement of piles into or anchoring material on the substrate. 10. All treated wood shall be professionally treated and completely cured prior to installation below the ordinary high water line to minimize leaching into the water or substrate. The use of wood treated with creosote or pentachlorophenol is not authorized. 11. Wooden components that will be in contact with the water shall not contain creosote or pentachlorophenol. This shall include pilings, beams, structural supports, and decking. These components shall remain free of these toxic substances for the duration of their functional lives. 12. 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. 13. 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 water. 14. Removal of any existing structures shall be accomplished so the structure and associated material does not re-enter the water body. PROJECT LOCATIONS Location #1 11029 E Covote Rock Ln WORK START: July 02, 2010 (WORK END: August 31, 2010 WRIA: Waterbody: Tributary to: Columbia River Spokane River (lb) 54.0002 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: Spokane N 47.68994 W 117.25667 25 N 44 E SW 1/4 04 Location #1 Driving Directions Page 2 of 4 Washington Department of FISH and WILDLIFE HYDRAULIC PROJECT APPROVAL RCW 77.55.021 - See appeal process at end of HPA Issue Date: July 02, 2010 Project Expiration Date: August 31, 2010 Eastern 2315 N Discovery Place Spokane, WA 99218 (509) 892-1001 Control Number: 120296-1 FPA/Public Notice #: 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 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. Requests for any change to an unexpired HPA must be made in writing. Requests for new HPAs must be made by submitting a new complete application. Send your requests to the department by: mail to the Washington Department of Fish and Wildlife, Habitat Program, 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. APPEALS INFORMATION If you wish to appeal the issuance, denial, conditioning, or modification of a Hydraulic Project Approval (HPA), you may request an informal or formal appeal. A. INFORMAL APPEALS: WAC 220-110-340 is the rule describing how to request an informal appeal of Washington Department of Fish and Wildlife (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. Page 3 of 4 Washington Department of FISH and WILDLIFE HYDRAULIC PROJECT APPROVAL RCW 77.55.021 - See appeal process at end of HPA Issue Date: July 02, 2010 Project Expiration Date: August 31, 2010 Eastern 2315 N Discovery Place Spokane, WA 99218 (509)892-1001 Control Number. 120296-1 FPA/Public Notice #: N/A B. FORMAL APPEALS: WAC 220-110-350 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. ENFORCEMENT: Sergeant Rahn (39) P3E Habitat Biologist Jeff Lawlor lawlojjl@dfw.wa.gov 509-892-1001 fWDFWor Director `�- CC: City of Spokane Valley Michael Maher, WDOE Dave Harsh, WDNR Rick Eichstaedt Center For Environmental Justice Page 4 of 4