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HomeMy WebLinkAboutBLD2005-00813 Army Corps of Engineers Permission Letter - BLD Letters / Memos - 5/26/2005 t a DEPARTMENT OF THE ARMY SEATTLE DISTRICT,CORPS OF ENGINEERS P.O.BOX 3755 . SEATTLE,WASHINGTON 98124-3755 REPLY TO RECEIVED ATTENTION OF L V 2 6 2005 Regulatory Branch 426 W. CEDA11 S-1 Mr. Robert and Ms. Rita Drohman 4326 Legacy Drive Northeast Olympia, Washington 98516 ,y Mr. Robert and Ms. Laurene Turk 4246 Legacy Drive Northeast 3 -a-3 6 WO 3-D- Olympia, Washington 98516 Reference: 200401117 Drohman,Robert and Robert Turk Ladies and Gentlemen: The U.S. Army Corps of Engineers' (Corps)regulatory program provides for the authorization of certain work that is minor in nature,would not have significant individual or cumulative impacts on the environment, and should encounter no appreciable opposition by a type of permit known as a"Letter of Permission" (LOP). After reviewing your application for Department of the Army authorization to construct a pier,build a ramp and float and drive piling, we have determined that the proposed work meets these requirements and is authorized by this LOP. The proposed work would occur in Hood Canal near Union, Mason County, Washington. The purpose of the proposed project is to provide joint-use boat moorage and water access for recreational activities. Your authorization to conduct the proposed work under this LOP is contingent upon you conducting the work as shown in the enclosed drawings dated October 20, 2004, which are made part of this permit; in compliance with the enclosed Letter of Permission General Conditions; and the following special conditions: a. You must implement the Endangered Species Act (ESA)requirements and/or agreements set forth in the Biological Evaluation, Drohman and Turk Joint-Use Pier, Ramp, and Float Project, dated July 9, 2004, and the addendums dated October 27, 2004, and December 2, 2004, in their entirety. The U.S. Fish and Wildlife Service concurred with a finding of"may affect, not likely to adversely affect"base on this document on April 14, 2005 (USFWS Reference# 1-3-05- I-0122). The National Marine Fisheries Service concurred with a finding of"may affect, not likely to adversely affect"based on this document on January 31, 2005 (NMFS Reference# 2004/01850). -2- b. In order to protect Chinook salmon,bull trout, and forage fish, the permittee may conduct the authorized activities from July 16 through September 14 in any year this permit is valid. The permittee shall not conduct work authorized by this permit from September 15 through July 15 in any year this permit is valid. c. A copy of this permit,permit drawings,mitigation planting plan, final authorization letter, and joint-use agreement shall be recorded with the Registrar of Deeds and proof provided to the U.S. Army Corps of Engineers,within 60 days after final U.S. Army Corps of Engineers authorization,to ensure that subsequent property owners are aware of the construction,use, and mitigation requirements. As this authorization is for a joint-use pier, all co-applicants must voluntarily agree to build no additional overwater structures on their property, except for the maintenance or modification of the joint-use overwater structure. This voluntary agreement and the documentation described above must be recorded on the deeds of all involved properties. Your authorization to conduct the proposed work under this permit expires MAY z 6 2008 Please remember that failure to comply with the terms and conditions of this LOP, including any special conditions, invalidates your authorization and could result in a violation of Federal law. Any change in the plans for this work will require that you submit revised drawings to this office and receive our written approval of those changes prior to conducting the work. Upon completing the authorized work, you must fill out and return the enclosed Certificate of Compliance with Department of the Army Permit form to the address indicated on the form. Your signature on this form is our assurance you have conducted the work and any required mitigation in accordance with the terms and conditions of this LOP, including all special conditions. We have reviewed your project pursuant to the requirements of the Endangered Species Act (ESA). After consulting with the National Marine Fisheries Service and U.S. Fish and Wildlife Service,we have determined that this project will meet the requirements of the ESA provided you comply with special conditions "a"through"b"listed above. We have also reviewed your project pursuant to the requirements of the Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996, and determined that the proposed action will not adversely affect Essential Fish Habitat for federally managed fisheries in Washington. Under the provisions of the Corps' Regulatory Program Administrative Appeal Process, you have the right to appeal this permit decision in accordance with the enclosed Notification of Administrative Appeal Options and Process and Request For Appeal. If we have not received an objection from you within 60 days of the date of this letter, or if you conduct the authorized work,we will presume that you have accepted, and will comply with, all terms and conditions of this LOP. -3- While this project will not require further authorization from us,please note that it must comply with all State, local,and other Federal requirements that may apply. For example, you may need to obtain a Shoreline Substantial Development Permit from Mason County and/or a Hydraulic Project Approval from the Washington Department of Fish and Wildlife. You should also contact the Washington State Department of Natural Resources before starting work for a determination of leasing requirements for work over submerged lands. For further information, we recommend you contact the Washington Department of Ecology's Permit Assistance Center at(800) 917-0043 or, on the Internet, at http://www.egy.wa.jzovlprozramslsealpacl, Thank you for your cooperation during the permit process. Your efforts help us protect our nation's aquatic resources. Please remember to fill out and return the compliance certification form within 30 days of completing the authorized work. We are interested in your thoughts and opinions concerning your experience with the U.S. Army Corps of Engineers, Seattle District's Regulatory Program. Please complete a Customer Service Survey form. The form is available on our website at: http://pert.nwp.usace.armv.mil/survey.html. At your request, we will mail you a paper copy that you may complete and return to us by mail or fax. A copy of this letter with enclosures is being furnished to Ms. Amy Leitman, 521 Snagstead Way,Port Townsend, Washington 98368. If you have any questions about this letter or our regulatory program,please contact Rozwin K. Liera at telephone(206) 764-6901 or via email Rozwin.K.Liera(cDusace.army.mil. BY AUTHORITY OF THE SECRETARY OF THE ARMY: ra M. Lewis Colonel, Corps of Engineers District Engineer Enclosures cc: USFWS ECOLOGY DNR LOCAL GOVERNMENT/ Compliance File Figure 1. Project location m c 4 : m � L E 'U C CO r C N obi o - — C -� CD 0 pf0c� � �s CL �• $ O O z ' N cc d C.40 c L C �y' - O C �F M M O OAS CO CL CO CD Cc O CO Drohman and Turk Joint-Use Pier,Ramp and Float Project• 21 Figure 2. Site plan TN MN 18 DEGREES EAST Pier, ramp and floaf approximately 339 HOOD CANAL �p'� These two lots will �p• be sold by Mr. Drohman and will be part of the �' �• joint-use agreement 0 / O O• Parogos,�,e�geer m �yc r SR 106 / "o Re longoat ' G Boat ramp approximately 12 DROHMAN s o0 TURK Qo• �s� 0 n�C -2 o0 y-01117 Dorhman, Robert and Turk, Robert Site.Plan Project:Joint Use Pier, ramp and Corps Reference#20040117 Section 36,Township 22 North floats, in Hood Canal, near Union, Sheet 2 of0,5- Range 3 West Mason County,Washington. Date: July 9, 2003 1 p-,4b.,C) Drohman and Turk Joint-Use Pier,Ramp and Float Project•22 01 b � 3 in b a 3 d� O a �N �O ic, c 0_N Oh d ZCC o > u ly 8 0 t or �B w m 6 0 q+a o CC, Go I Dorhman, Robert and Turk, Robert Plan View Project, Joint Use Pier, ramp and Corps Reference#20040117 Section 36,Township 22 North floats, in Hood Canal, near Union, Sheet 3 of, Range 3 West Mason County, Washington. Date: July 9, 2003 Revised October 20,2004 Figure 3.Elevation view mp7� C Y :E1 ` 11 3� �1 0 b '0 L u :p ts7 0 v a Sc a t e o s— LL H 60 00 tp tl 1 11 �1 ?�00q- 0 17 Dorhman, Robert and Turk, Robert Elevation View Project:Joint Use Pier, ramp and Corps Reference#20040117 Section 36,Township 22 North floats, in Hood Canal, near Union, Sheet 4 of Range 3 West Mason County,Washington. Date: July 9, 2003 /d_j,D_O Proposed pier.ramp and float H �p CAUL 60' \ SR 106 DROHMAN B� TURK PC Pr) \ FC FC 6a OS IP ROAD \ 05 ♦ \ 0' 10' 20' PC a Pacific dogwood(Corns nuttaliii) BC:Bitter cherry(Pr usus emarginata) IP=Indian plum(Osmaronia cerasifarnut) FC n Flowering currant(Rlbes sanyulneum) 05 a Ocean spray(Habdiscut dismbr) \ 1- 00 '-/--0 1117 Dorhman, Robert and Turk, Robert Shoreline Planting Plan Project: Joint Use Pier, ramp and Corps Reference#20040117 Section 36,Township 22 North floats, in Hood Canal, near Union, Sheet 5 of 5 Range 3 West Mason County, Washington. Date: October 20, 2004