HomeMy WebLinkAboutDEPT. OF THE ARMY LETTER - PLN General - 10/11/2002 DEPARTMENT OF THE ARMY
SEATTLE DISTRICT,CORPS OF ENGINEERS
P.O.BOX 3755
SEATTLE,WASHINGTON 98124-374%
REPLY TO SEP 1 2 2002
ATTENTION OF vb
Regulatory Branch �/ r
V�
Please
Mr. and Mrs. Calvin Gongwer
1810 Walker Park Road
Shelton, Washington 98584-1151 � �7r►4S
To: I-5�—..�� 3 TL - l �J .
Reference: 1999-1-01306
Gongwer, Calvin and Penny
Date Sent to File:
Dear Mr. Gongwer: 4w---
You are hereby authorized to install pier, stairs, ramp and four floats, in Hammersley Inlet,
near Shelton,Mason County, Washington to provide private recreation access and boat moorage.
The work must be performed as depicted on the enclosed drawings dated August 28, 2002
(enclosure 1), and you must meet all of the enclosed conditions (enclosure 2).
We have reviewed your application for a Department of the Army(DA)permit for this
work. Our review was made pursuant to Section 10 of the Rivers and Harbors Act of
March 3, 1899. We determined that your proposal is minor in nature,will not significantly
impact environmental values, and should encounter no opposition. We are thus issuing you a
"Letter of Permission" to authorize the work, rather than using our public notice procedures.
The U.S. Army Corps of Engineers (Corps)began an appeals process for our Regulatory
program on March 9, 1999. For more information on how it may apply to your project, see
enclosure 3.
I have completed the necessary coordination under Section 7 of the Endangered Species
Act(ESA). Conditions of the concurrences from the U.S. Fish and Wildlife Service (USFWS)
and the National Marine Fisheries Service(NMFS)include timing restrictions on the work for
the protection of chinook, chum and bull trout. The following conditions are added to your DA
permit:
a. You must implement the Endangered Species Act (ESA)requirements and/or
agreements set forth in the biological evaluation titled"Draft Biological Evaluation, Gongwer
Pier, Ramp and Float Project,"prepared by Marine Surveys and Assessments, dated
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May 31, 2001, and addendum#1, dated July 15, 2002, in their entirety. The U.S. Fish and
Wildlife Service(USFWS) concurred with a finding of"may affect, not likely to adversely
affect"based on this document on July 29, 2002 (USFWS Reference Number 1-3-02-I-1605).
The National Marine Fisheries Service (NMFS)concurred with a finding of"may affect,not
likely to adversely affect'based on this document on August 28, 2002 (NMFS Reference
Number WHB-02-231). Both agencies will be informed of this permit issuance and will enforce
any known violations of the commitments made in this document pursuant to the ESA.
b. The following work window will apply to protect chinook,bull trout and wintering bald
eagle: No in-water work shall occur between November 1st and July 15th of any year. In-
water work may occur between July 16th and October 31 st of any year.
c. All floats associated with the pier will have a 2-foot wide strip of grating installed down
the center and the full length of the each float to minimize shading impacts. The offshore float
will have three 2-foot by 10-foot grated strips to minimize shading impacts spaced as shown on
the drawings.
d. All floats will have skid plates attached to minimize grounding impacts during low tide
conditions. The anchor chain on the large offshore float will have a float or buoy attached to the
chain to prevent scour impacts to the benthic environment.
Please note the conditions and limitations contained in enclosure 2. Read them carefully.
You should also be aware that any changes in the location or plans for this work will require
submittal of revised drawings to this office, and our written approval,prior to accomplishment.
Extreme care shall be taken to prevent any petroleum products, chemicals, or other toxic
or deleterious materials from entering the water. If a spill does occur, or if an oil sheen or
distressed or dying fish are observed in the project vicinity,work shall cease immediately and the
Department of Ecology shall be notified of such conditions. Contact Ecology's Northwest
Regional Spill Response Office at(425) 649-7000.
If the project meets all the conditions, you will need no further authorization from us for the
above-described project. You must still comply with other local and State requirements. At a
minimum, you must obtain a Shorelines Substantial Development permit determination from
Mason County and a Hydraulic Project Approval from the Washington State Department of Fish
and Wildlife, and you must contact the Washington State Department of Natural Resources for a
determination of leasing requirements for submerged lands before you begin your work. Please
also be aware that certain Indian Tribes assert a right to attach nets to piers, docks,wharves, and
other structures authorized by DA permits.
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When you have finished the work,please fill out and return the enclosed compliance
statement. If you have any questions,please contact Olivia Romano, Project Manager at
telephone(206) 764-6960.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
e44 -1-e"
AeRalph H. Graves
Colonel, Corps of Engineers
District Engineer
Enclosures
cc: INTERIOR NOAA DNR STATE COORDINATOR LOCAL GOVERNMENT
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Proposed: installation of stairs, pier, ramp and four floats
COE Reference: 1999-1-01306
Applicant: Gongwer, Calvin and Penny
Location: in Hammersely Inlet, near g�helton, Mason County, Washington.
Sheet 4 of 4 Date 8/21102 C i,oe'�, 0-7-ewL, -
Army Corps
of Engineers<� Conditions for Letters
of
Seattle District
of Permission
General Conditions:
1. The time limit for completing the work authorized ends on SEP 1 2005 If you
find that you need more time to complete the authorized activity, submit your request for a time
extension to this office for consideration at least 1 month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith transfer
to a third party in compliance with General Condition 4 below. Should you wish to cease to
maintain the authorized activity or should you desire to abandon it without a good faith transfer,
you must obtain a modification of this permit from this office,which may require restoration of
the area.
3. If you discover any previously unknown historic or archaeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this office of
what you have found. We will initiate the Federal and State coordination required to determine if
the remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
4. If you sell the property associated with this permit, you must obtain a written statement from
the new owner in which the new owner agrees to comply with all terms and conditions of this
permit. A copy of the written statement must be forwarded to this office to validate the transfer
of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply
with the conditions specified in the certification as special conditions to this permit. For your
convenience, a copy of the certification is enclosed if it contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time
deemed necessary to ensure that it is being or has been accomplished in accordance with the
terms and conditions of your permit.
Further information:
1. The term "you" and its derivatives, as used in this permit, means the permittee or any future
r transferee. The term "this office" refers to the appropriate district or division office of the
U.S. Army Corps of Engineers having jurisdiction over the permitted activity or the appropriate
official of that office acting under the authority of the commanding officer.
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, State, or local authorization
required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. ,This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
I Limits of Federal Liability. In issuing this permit, the Federal Government does not assume
any liability for the following:
a. Damage to the permitted project, or uses thereof, as a result of other permitted or
unpermitted activities or from natural causes.
b. Damages to the permitted project, or uses thereof, as a result of current or future activities
undertaken by or on behalf of the United States in the public interest.
c. Damages to persons,property, or other permitted or unpermitted activities or structures
caused by the activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this
permit.
4. Reliance on Applicant's Data. The determination of this office that issuance of this permit is
not contrary to the public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate it's decision on this permit at
any time the circumstances warrant. Circumstances that could require a reevaluation include,but
are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have
been false, incomplete, or inaccurate (see 4 above).
c. Significant new information surfaces which this office did not consider in reaching the
original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension,
modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures
such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures
provide for the issuance of an administrative order requiring you to comply with the terms and
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conditions of your permit and for the initiation of legal action where appropriate. You will be
required to pay for any corrective measures ordered by this office, and if you fail to comply with
such directive, this office may in certain situations (such as those specified in 33 CFR 209.170)
accomplish the corrective measures by contract or otherwise and bill you for the cost.
6. Extensions. General Condition 1 establishes a time limit for the completion of the activity
authorized by this permit. Unless there are circumstances requiring either a prompt completion
of the authorized activity or a reevaluation of the public interest decision, the Corps will
normally give favorable consideration to a request for an extension of this time limit.
Special Conditions:
a. You must implement the Endangered Species Act(ESA)requirements and/or agreements
set forth in the biological evaluation titled"Draft Biological Evaluation, Gongwer Pier,Ramp
and Float Project,"prepared by Marine Surveys and Assessments, dated
May 31, 2001, and addendum#1, dated July 15, 2002, in their entirety. The U.S. Fish and
Wildlife Service(USFWS) concurred with a finding of"may affect, not likely to adversely
affect"based on this document on July 29,2002 (USFWS Reference Number 1-3-02-I-1605).
The National Marine Fisheries Service(NMFS) concurred with a finding of"may affect, not
likely to adversely affect"based on this document on August 28, 2002 (NMFS Reference
Number WHB-02-231). Both agencies will be informed of this permit issuance and will enforce
any known violations of the commitments made in this document pursuant to the ESA.
j b. The following work window will apply to protect chinook,bull trout and wintering bald
eagle: No in-water work shall occur between November lst and July 15th of any year. In-
water work may occur between July 161h and October 31st of any year.
c. All floats associated with the pier will have a 2-foot wide strip of grating installed down
the center and the full length of the each float to minimize shading impacts. The offshore float
will have three 2-foot by 10-foot grated strips to minimize shading impacts spaced as shown on
the drawings.
d. All floats will have skid plates attached to minimize grounding impacts during low tide
conditions. The anchor chain on the large offshore float will have a float or buoy attached to the
chain to prevent scour impacts to the benthic environment.
e. If future operations by the United States require the removal,relocation, or other
alteration of the work herein authorized, or if, in the opinion of the Secretary of the Army or his
authorized representative, said structure or work shall cause unreasonable obstruction to the free
navigation of the navigable waters, you will be required,upon due notice from the U. S Army
i
Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused
j thereby,without expense to the United States. No claim shall be made against the United States
on account of any such removal or alteration.
j f. No activity or its operation may impair reserved tribal rights, including,but not limited to,
reserved water rights and treaty fish and hunting rights.
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g. The authorized work shall not interfere with the public's right to free navigation on
navigable waters of the United States.
h. You must install and maintain, at your expense, any safety lights and signals prescribed
by the United States Coast Guard (USCG), through regulations or otherwise,on your authorized
facilities.
i. All construction debris shall be properly disposed of on uplands in such a manner that it
cannot enter into the waterway or cause water quality degradation.
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