(1) A person shall obtain an HPA before conducting a hydraulic project.
(2) Receipt by the department of any one of the following documents constitutes an application for a written HPA:
(a) A joint aquatic resources permit application (JARPA) submitted to the department;
(b) A forest practice application submitted to the department of natural resources, if the hydraulic project is part of a forest practice as defined in WAC 222-16-010
(c) A section 10 or 404 public notice circulated by the United States Army Corps of Engineers or United States Coast Guard.
(3) You shall request a written HPA by submitting a complete written application to the department. You shall request a pamphlet HPA by following the procedures in WAC 220-110-031
. Your application for a written HPA shall contain general plans for the overall project, complete plans and specifications for the proposed construction or work waterward of the MHHW line in salt water, or waterward of the OHWL in fresh water, complete plans and specifications for the proper protection of fish life, and notice of compliance with any applicable requirements of the State Environmental Policy Act, chapter 43.21C
RCW, unless otherwise provided for in chapter 77.55
RCW. You and your authorized agent, if one is acting for you, must sign and date the application.
(4) The department shall grant or deny approval within forty-five calendar days of the receipt of a complete written application. The department shall strive to issue HPAs in less than thirty days. The forty-five day requirement shall be suspended if:
(a) The site is physically inaccessible for inspection;
(b) You or your authorized agent, if one is acting for you, remains unavailable or unable to arrange for a timely field evaluation of the proposed project after ten working days of the department's receipt of the application;
(c) You or your authorized agent, if one is acting for you, requests a delay;
(d) The department is issuing a permit for a storm water discharge and is complying with the requirements of RCW 77.55.161
(e) The department is reviewing the application as part of a multiagency permit streamlining effort and all participating permitting agencies and the permit applicant agree to an extended timeline longer than forty-five calendar days.
(5) Immediately upon determination that the forty-five day period is suspended, the department shall notify the applicant in writing of the reasons for the delay.
(6) The department or the county legislative authority may determine an imminent danger exists. The county legislative authority shall notify the department, in writing, if it determines that an imminent danger exists. In cases of imminent danger, the department shall issue an expedited written permit, upon request, for work to remove any obstructions, repair existing structures, restore banks, protect fish resources, or protect property.
(7) The department may issue an expedited written HPA in those instances where normal processing would result in significant hardship for the applicant, or unacceptable environmental damage would occur.
(8) Expedited HPA requests require a complete written application and shall take precedence over other nonemergency applications. These will be issued within fifteen calendar days of receipt of a complete written application. The provisions of the State Environmental Policy Act, chapter 43.21C
RCW, are not required for expedited written HPAs.
(9) The county legislative authority or the department may declare an emergency or continue an existing declaration of an emergency where there is an immediate threat to life, the public, property, or of environmental degradation. Upon the declaration of an emergency, the department shall grant verbal approval immediately upon request for a stream crossing, or work to remove any obstructions, repair existing obstructions, restore streambanks, protect fish life, or protect property threatened by the stream or a change in the stream flow. The verbal approval shall be obtained prior to commencing emergency work and the department must issue a written HPA reflecting the conditions of the verbal approval within thirty days. The provisions of the State Environmental Policy Act, chapter 43.21C
RCW, are not required for emergency HPAs.
(10) The department may accept written or verbal requests for time extensions, renewals, or alterations of an existing HPA. The request must be processed within forty-five calendar days of receipt of the request. Approvals of such requests shall be in writing. Transfer of an HPA to a new permittee requires written request by the original permittee or their authorized agent, if one is acting for the permittee, and such request shall include the HPA number. This written request shall be in a form acceptable to the department and shall include a statement that the new permittee agrees to be bound by the conditions in the HPA. The new permittee shall not conduct any project activities until the department has issued approval.
(11) Each HPA is usually specific to a watercourse, stating the exact location of the project site, and usually consists of general, technical, and special provisions.
(12) The written HPA, or clear reproduction, shall be on the project site when work is being conducted and shall be immediately available for inspection.
(13) The department may grant HPAs for a period of up to five years. Permittees shall demonstrate substantial progress on construction of that portion of the project relating to the HPA within two years of the date of issuance. The following types of HPAs issued under RCW 77.55.021
shall remain in effect without the need for periodic renewal, provided the permittee notifies the department before commencing work each year:
(a) Work of a seasonal nature that diverts water for irrigation or stock watering purposes; and
(b) Stream-bank stabilization projects if the problem causing the erosion occurs on an annual or more frequent basis as demonstrated by the applicant. Evidence of erosion may include, but is not limited to, history of permit application, approval, or photographs. Periodic floodwaters by themselves do not constitute a problem that requires an HPA.
(14) An HPA shall be denied when, in the judgment of the department, the project will result in direct or indirect harm to fish life, unless adequate mitigation can be assured by conditioning the HPA or modifying the proposal. If approval is denied, the department shall provide the applicant, in writing, a statement of the specific reason(s) why and how the proposed project would adversely affect fish life.
(15) Protection of fish life shall be the only grounds upon which the department may deny or condition an HPA.
(16) The department may place specific time limitations on project activities in HPAs to protect fish life.
(17) HPAs do not exempt the applicant from obtaining other appropriate permits and following the rules or regulations of local, federal, and other Washington state agencies.
(18) The department shall administer this chapter in compliance with SEPA, chapter 43.21C
RCW, and chapters 197-11
(19) The department may, after consultation with the permittee, modify an HPA due to changed conditions. The modification becomes effective unless appealed as specified in RCW 77.55.021
(4) and WAC 220-110-340 and 220-110-350.
[Statutory Authority: RCW 77.12.047
and 77.55.021. WSR 10-19-051 (Order 10-242), § 220-110-030, filed 9/13/10, effective 10/14/10. Statutory Authority: RCW 77.55.091
(2), 77.12.047, and 77.04.020. WSR 09-02-017 (Order 08-318), § 220-110-030, filed 12/29/08, effective 4/3/09. Statutory Authority: RCW 75.08.080
. WSR 94-23-058 (Order 94-160), § 220-110-030, filed 11/14/94, effective 12/15/94; WSR 87-15-086 (Order 87-48), § 220-110-030, filed 7/20/87. Statutory Authority: RCW 75.08.012
, 75.08.080 and 75.20.100. WSR 84-21-060 (Order 84-176), § 220-110-030, filed 10/15/84; WSR 84-04-047 (Order 84-04), § 220-110-030, filed 1/30/84. Statutory Authority: RCW 75.20.100
and 75.08.080. WSR 83-09-019 (Order 83-25), § 220-110-030, filed 4/13/83.]