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Washinglon HYDRAULIC PROJECT APPROVAL Dopaemenl of �� FISH and RCW 77.55.100 - Appeal pursuant lo Chapter 34.05 RCW WILDLIFE Issue Date: December 08, 2005 Conlrol Number: Project Expiration Date: October 15, 2006 FPA1Public Nr":e t�: Nohh PugolSourW 76010 MIII Creek Boulevard Mill Creek, WA 980124296 (425I775-1311 103283-1 N/A Project Approval; or (8)An order imposing civil penalties. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildiife HPA Appeals Coordinator, 600 Capitol Way Norlh, Olympia, Washington 98501-1091 and shali be RECEIVED by the DepaAment wilhin 30-days of the denial or issuance of a Hydraulic Project Approval or receipt o( an order imposing civil penalties. If agreed lo by the aggrieved party, and the aggrieved parh,� is the Hydraulic Project Approval applicanl, resolution o( Ihe concems will be facilitaled ihrough discussions with the Area Habitat Biologist and his/her supervisor. If resolution is not reached, or tlie aggrieved party is nol the Hydraulic Project Approval applicant, the Habitat Environmental Services Division Manager or hislher designee shall conducl a review and recommend a decision to ihe Director or his/her designee. If you are not satisfied wilh the results of this informal appeal, a formal appeal may be filed. B. fORMAL APPEALS (WAC 220-110350) OF DEPARTMEN7 ACTIONS TAKEN PURSUANT TO RCW 77.55.100 OR 77.55.140: A person who is aggrieved or adversely affected by the following Departmenl actions may requesl a formal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made paA of a Hydreulic Project Approval; (B) An order imposing civil penallies; or (C) Any other'agency aclion'tor which an adjudicative proceeding is required under tlie Administrative Pror.�dure 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 HOUR� by lhe Department at 600 Capitot Way Norlh, Olympia, Washington 98501-1091, wilhin 30-days oi the Depariment action that is being challenged. The time period tor requesting a(ormal appeal is suspended duriny consideration of a timely informal appea�. I( ther:r has been an informal appeal, the deadline for requesting a formal appeal shall be within 30-days of lhe date of the Departmenl's written decision in response to the informal appeal. C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCV'J 77.55.110, 77.55.200, 77.55.230, or 77.55.290: A person who is aggrieved or adversely aftected by lhe denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made parl of a Hydraulic Projecl Approval may requesl a formal appeal. The requesl for FORMAL APPEAL �hall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 al Environmental Hearinps OKce, 4224 Sixlh Avenue SE, Buildinp Two - Rowe Six, Lacey, Washinpton 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 aflecled by the denial or issuance o( a Hydraulic Projecl Approval, or the conditions or provisions made part of a Hydraulic Projecl Approval may requesl 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 tor FORMAL APPEAL shall be in WRITING lo the Environmental and Land Use Hearings Board at Environmental Hearings Oifce, Environmenlal and Land Use Hearings Board, 4224 Sixlh Avenue SE, Building Two - Rowe Six, P.O. Box 40903, Lacey, Washinpton 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 UNAPPEALAELE. ENFORCEMENT: Sergeant Lambert (41) P3 Ginger Holser 425-379-2305 for Director Habital Biolor�ist �"'� ��`— WDFW CC: Page 6 of 6