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w�s"'"�'°" HYDRAULICPROJECTAPPROV.4L NorthPugetSound <br />Oepanmenl ol 16018 Mill Creek Bou�evard <br />FISH and RCW 77.55.100 -Appeal pursuant to Chapter 34A5 RCW MiII Creek, WA 98012�1296 <br />WIIDUFE (425) 775-1311 <br />Issue Dale: A�iqust 23, 2005 <br />Project Expiralion Date: December 31. 2006 <br />ConlrolNumber. <br />FPA/Public Notice #: <br />102079-1 <br />N!A <br />24, 2005. The Code Reviser's Office is in the process of compleling the re-codification and conversion of the bill inlo <br />RCW. The RCW referenced at :he top of this HPA has been superseded by Chapter 146, Laws o( 2005. Until the re- <br />codificaticn process has been compleled, lhe (ollowing re0eds the section(s) of Chapter 146, Laws of 2005 under <br />which sections of former Chapter 77.55 KC�N can no.v Le found: <br />FORMER CHAPTER t�c <br />TITLE 77.55 RCW LAWS of 2005 <br />RCW 77.55.010 <br />RCW 77.55.100 <br />RCW 77.55.110 <br />RCW 77.55.750 <br />RCW 77.55.200 <br />RCW 77.55.210 <br />RCW 77.55.220 <br />RCW 77.55.270 <br />RCW 77.55.280 <br />RCW 77.55.290 <br />Sec. 406 <br />Sec. 101, 201, 301 <br />Sec.101,20t <br />Sec. 101, 303, 401 <br />Sec. 501 <br />Sec. 504 <br />Sec.101,502 <br />Sec. 101, 402 <br />Sec. 403 <br />Sec. 505 <br />507,508,601,605 <br />APPEALS INFORMATION <br />IF YOU WISH TO APPEAL "(HE ISSUANCE OR DENIAL OF, OR CONDITIONS PROVIDED IN A HYDRAULIC <br />PROJECT APPROVAL, THERE ARE INFORMAL AND FORMAL APPEAL PROCESSES AVAILABLE. <br />A. INFORMAL APPEALS (WAC 220-110-340) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.100, <br />77.55.110, 77.55.140, 77.55.190, 77.55.200, and 77.55.290: A person who is aggrieved or adversely affected by the <br />following Depariment actions may requesl an informal review of: <br />(A)The denial cr issuance o` a Hydraulic Project Approval, or the condilions or provisions made part of a Hydraulic <br />Project Approval; or <br />(B)An order imposing civil penalties. A request for an INFORMAL REVIEW shall be in WRITING to Ihe Departmenl o( <br />Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia, Washington 98501-1091 and shall be <br />RECEIVED by the Department within 30-days of lhe denial or issuance of a Hydrau!ic Project Approval or receipt of an <br />order imposing civil penalties. If agreed to by the aggrieoed party, and the aggneved party is the Hydraulic Project <br />Approval applicant, resolu�ion of lhe concems will be (acilitated Ihrough discussions with the Area Habitat Biologist and <br />his/her supervisor. If resolution is not reached, or the aggrieved party is not the Hydraulic Projecl Approval applicant, <br />the Habitat Environmental Services Division Manager or his/her designee shall conduct a review and recommend a <br />decision to the Director or his/her designee. If you are not satisfied with the results of this informal appeal, a formal <br />appeal rnay be filed. <br />B. FORMAL APPEALS (VVAC 220-110-350) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.100 <br />OR 7Z55.140: A person who is aggrieved or adversely afiected by the following Department actions may request a <br />formal review of: <br />(A) The denial or issuance of a Hydrautic Project Appra�al, or tha conditions or provisions made part oi a Hydrauhc <br />Pro�ecl Approval; <br />iB) An order imposing civil penalties; or <br />(C) Any olher'agency actior.' for which an adjudicative proceeding is required �mder the Admin�strative Proced��n� Act, <br />Chapter 34.05 RCW. <br />A. request for a FORMAL APPEAL shall be in WRITING to the Departmenl of Fish and �Vildlife HPA A�peals <br />Coordinator, shall be plainly labeled as'RE ]UEST FOR FORMAL APPEAL' and shall be RECEIVED DURING OFFICE <br />HOURS by the Department at 600 Capirol Way North, Otymp�a, Washington 98501-1091, within 30-days of the <br />C�epartment action thal is being challenged. The time penod for requesting a formal appeal is suspended during <br />ronsideration of a timely informal appeal. If there has been zn informal appeal, the deadline for requesling a formal <br />appeal shall ts within 30-days of ihe date of the DepartmenCs written decision in response lo ihe informal appeal. <br />Page 5 of 6 <br />