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).
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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.
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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
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Drohman and Turk Joint-Use Pier,Ramp and Float Project• 21
Figure 2. Site plan
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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
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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
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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
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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)
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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