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HomeMy WebLinkAboutSHX2010-00020; JARPA, Specific Project Information - PLN General SIN.STA MASON COUNTY P M C DEPARTMENT OF COMMUNITY DEVELOPMENT s o = Planning Division T Z P O Box 279, Shelton, WA 98584 Z7 N �, � of �,o~ (360)427-9670 1864 Exemption from Shoreline Management Act Case No.: SHX2010-00020 Substantial Development Permit Requirement The Proposal By: JUDITH A. SCHAAF 1030 E SUNSET HILL RD SHELTON,WA 98584 To undertake the following development: MOORING BUOY .,1 Within PICKERING PASSAGE and/or its associated wetlands is exempt from the requirement of substantial development because the development is categorized under WAC 173-27-040(2) as being category A-does not exceed $5,000 Please contact Grace Miller at ext 360 if you have any questions. Issued: 4/19/2010 Expires: 4/19/2012 Authorized Local Government Official cc: APPLICANT WDFW USACOE WDOE TRIBAL COUNCIL-_ , , 2�D 10 - ODDa0 ------------------------------------- 200 AGENCY USE ONLY 9 M us coTe ; ArmyDate received: WASHINGTON STATE �E Joint Aquatic Resources Permit Application (JARPA) Form mio ; Agency reference#• ; Tax Parcel#(s): ' USE BLACK OR BLUE INK TO ENTER ANSWERS IN WHITE SPACES BELOW. Part 1—Project Identification -------------------------------------' 1. Project Name(A unique name for your project that you create. Examples: Smith's Dock or Seabrook Lane Development) hel j Schaaf/Holten Mooring Buoy Part 2—Applicant The person or organization responsible for the project. hem 2a. Name(Last, First, Middle)and Organization(if applicable) Schaaf, Judith Ann 2b. Mailing Address(street or PO Box) 1030 E Sunset Hill Road 2c. City, State, Zip Shelton,WA 98584 2d. Phone(l) 2e. Phone 2) 2f. Fax 2 . E-mail ( 360) 432-5877 (253) 906-0708 (360) 432-5877 schaaf.holten@gmail.com Part 3—Authorized Agent or Contact Person authorized to represent the applicant about the project. (Note: Authorized agent(s) must sign 11b. of this application.) hel 3a. Name(Last, First, Middle)and Organization(if applicable) Holten, Kristin Kay (Additional Contact) 31b. Mailing Address(street or PO Box) 2912 34th Street SE 3c. City, State, Zip Puyallup,WA 98374 3d. Phone(1) 3e. Phone(2) X Fax 3g. E-mail (253)446-1054 (253)279-8190 (253)445-9007 schaaf.holten@gmail.com Part 4—Property Owner(s) heI j Contact information for people or organizations owning the property(ies) where the project will occur. help] ® Same as applicant. (Skip to Part 5.) ❑ Repair or maintenance activities on existing rights-of-way or easements. (Skip to Part 5.) ❑ There are multiple property owners. Complete the section below and use JARPA Attachment A for each additional property owner. 4a. Name(Last, First, Middle)and Organization (if applicable) 4b. Mailing Address(street or PO Box) 4c. City, State, Zip 4d. Phone(1) 4e. Phone(2) 4f. Fax 4 . E-mail Part 5—Project Location(s) Identifying information about the property or properties where the project will occur. [tPjPJ ❑ There are multiple properties or project locations (e.g., linear projects). Complete the section below and use JARPA Attachment B for each additional property. 5a. Street Address (Cannot be a PO Box. If there is no address, provide other location information in 5n.) heI 1030 East Sunset Hill Road 5b. City, State, Zip(If the project is not in a city or town, provide the name of the nearest city or town.) heI Shelton, WA 98584 5c. County heI Mason County 5d. Provide the section, township, and range for the project location. hel ) '/.Section Section Township Range NE 34 21 2W 5e. Provide the latitude and longitude of the project location. Lt2ipj • Example: 47.03922 N lat./-122.89142 W long 47.269444 N. lat. /-122.919287 W. long (approx. using Google Earth) 5f. List the tax parcel number(s)for the project location. [heI • The local county assessor's office can provide this information. 22134-12-90040 (Schaaf property and tide lands to extreme low tide) 22134-22-22222 (State owner aquatic land) 5g. Indicate the type of ownership of the property. (Check all that apply.) [help] ® State Owned Aquatic Land ❑ Tribal ® Private ❑ Other publicly owned (federal,state, county, city, special districts like schools, ports, etc.) 5h. Contact information for all adjoining property owners, lessees, etc. (If you need more space, use JARPA Attachment C.) [help] Name Mailing Address Tax Parcel#(if known) Murray &Jana Hocker PO Box 477 22134-12-90130 Fall City, WA 98024-0477 Ivan & Nilsa Thorsos 854 Cavanaugh Road 22134-12-90160 Glendale, CA 91207-1502 22134-12-90150 Myron Hittinger 41 East Sunset Beach Drive 22134-12-90120 Shelton, WA 98584 Kris &Deborah Thorsos 313 Butte Place 22134-12-90170 Pacific, WA 98047 5i. Is any part of the project area within a 100-year flood plain? hei ] ❑ Yes ® No ❑ Don't know 5j. Briefly describe the vegetation and habitat conditions on the property. hei ] The beach alternates between rocks, sand, and mud. No significant vegetation is visible at low tide. 5k. Describe how the property is currently used. hei ] Single Family Residence with stair access to private beach owned by applicant. No current use on state owned aquatic land—no structures or mooring devices on state land adjacent to applicant's property. 51. Describe how the adjacent properties are currently used. hei ] Property to the North-Vacant Property to the East-Other Improvement Residential Property to the South- Single Family Residence To the West-Pickering Passage (State Owned Aquatic Land) Sm. Describe the structures (above and below ground) on the property, including their purpose(s), Lhel A single family residence with well and septic system is located outside the shoreline buffer.A gravel driveway provides access from E Sunset Hill Road to the SFR.An approved stair tower providing access to the beach is under construction. Property may also be approached from Pickering Passage.Applicant owns tide lands of this property. No structures above or below ground on adjacent State Owned Aquatic Land where mooring buoy is proposed. 5n. Provide driving directions from the closest highway to the project location, and attach a map. hel From WA-3, Take E Pickering Road Cross Pickering Passage bridge Take Left onto North Island Drive Go 2.3 miles on North Island Drive Take Left onto East Sunset Hill Road Follow Bend to Left Go 0.8 mile to 1030 East Sunset Hill Road (Sign reads SCHAAF HOLTEN 1030) Gate code: (Please contact applicant prior to visit obtain current gate code) Part 6—Project Description 6a. Summarize the overall project. You can provide more detail in 6d. [help] Property owner desires a mooring buoy in front of saltwater property parcel. 6b. Indicate the project category. (Check all that apply.) nel ❑ Commercial ❑ Residential ❑ Institutional ❑ Transportation ® Recreational ❑ Maintenance ❑ Environmental Enhancement 6c. Indicate the major elements of your project. (Check all that apply.) Lbelpj ❑ Aquaculture ❑ Culvert ❑ Float ❑ Road ❑ Bank Stabilization ❑ Dam /Weir ❑ Geotechnical Survey ❑ Scientific Measurement ❑ Boat House ❑ Dike/Levee/Jetty ❑ Land Clearing Device ❑ Boat Launch ❑ Ditch ❑ Marina/Moorage ❑ Stairs ❑ Boat Lift ❑ Dock/ Pier ❑ Mining ❑ Stormwater facility ❑ Bridge ❑ Dredging ❑ Outfall Structure ❑ Swimming Pool ❑ Bulkhead ❑ Fence ❑ Piling ❑ Utility Line ® Buoy ❑ Ferry Terminal ❑ Retaining Wall (upland) ❑ Channel Modification ❑ Fishway ❑ Other: 6d. Describe how you plan to construct each project element checked in 6c. Include specific construction methods and equipment to be used. [Leis] • Identify where each element will occur in relation to the nearest waterbody. • Indicate which activities are within the 100-year flood plain. A private mooring buoy located waterward of the applicant's property. Installation will follow the US Army Corps of Engineers Programmatic ESA Consultation Conditions attached to this JARPA. 6e. What are the start and end dates for project construction?(month/year) hel • If the project will be constructed in phases or stages, use JARPA Attachment D to list the start and end dates of each phase or stage. Start date: As soon as allowed by permitting agencies End date:Installation time expected -one day 6f. Describe the purpose of the work and why you want or need to perform it. [nevi l A moorage buoy would allow marine access to the property from the water without requiring a dock and pier. 6g. Fair market value of the project, including materials, labor, machine rentals, etc. [LeiRl Approx. $1500.00 6h. Will any portion of the project receive federal funding? hel • If yes, list each agency providing funds. ❑ Yes ® No ❑ Don't know Part 7-Wetlands: Impacts and Mitigation ❑ Check here if there are wetlands or wetland buffers on or adjacent to the project area. (If there are none, skip to Part 8.) 7a. Describe how the project has been designed to avoid and minimize adverse impacts to wetlands. [helms,] ❑ Not applicable 7b. Will the project impact wetlands? [Leie] ❑ Yes ❑ No [1 Don't know 7c. Will the project impact wetland buffers? help] ❑ Yes ❑ No ❑ Don't know 7d. Has a wetland delineation report been prepared? [hel • If yes, submit the report, including data sheets, with the JARPA package. ❑ Yes ❑ No 7e. Have the wetlands been rated using the Western Washington or Eastern Washington Wetland Rating System? [Lei ] • If yes,submit the wetland rating forms and figures with the JARPA package. ❑ Yes ❑ No ❑ Don't know 7f. Have you prepared a mitigation plan to compensate for any adverse impacts to wetlands? [Lei ] • If yes,submit the plan with the JARPA package. ❑Yes ❑ No ❑ Not applicable 7g. Use the table below to list the type and rating of each wetland that will be impacted; the extent and duration of the impact; and the type and amount of compensatory mitigation proposed. If you are submitting a compensatory mitigation plan with a similar table, you may simply state (below)where we can find this information in the mitigation plan. [help] Activity causing Wetland type Impact area Duration Proposed Wetland impact(fill, and ratinV (sq. ft. or acres) of impact2 mitigation mitigation area drain, excavate, category type (sq. ft. or acres) flood, etc. Ecology wetland category based on current Western Washington or Eastern Washington Wetland Rating System. Provide the wetland rating forms with the JARPA package. Z Indicate the time(in months or years, as appropriate)the wetland will be measurably impacted by the activity. Enter"permanent"if applicable. 3Creation(C), Re-establishment/Rehabilitation(R), Enhancement(E), Preservation(P), Mitigation Bank/In4ieu fee(B) Page number(s)for similar information in the mitigation plan, if available: 7h. For all filling activities identified in 7g., describe the source and nature of the till material, the amount in cubic yards that will be used, and how and where it will be placed into the wetland. hel 71. For all excavating activities identified in 7g., describe the excavation method, type and amount of material in cubic yards you will remove, and where the material will be disposed. [Leie] 7j. Summarize what the compensatory mitigation plan is meant to accomplish, and describe how a watershed approach was used to design the plan. [help] Part 8—Waterbodies (other than wetlands): Impacts and Mitigation In Part 8, `waterbodies" refers to non-wetland waterbodies. (See Part 7 for information related to wetlands.) [Lei] ® Check here if there are waterbodies on or adjacent to the project area. (If there are none, skip to Part 9.) 8a. Describe how the project is designed to avoid and minimize adverse impacts to the aquatic environment. [help] ❑ Not applicable The mooring buoy will be installed to meet permitting requirements that minimize environmental impact on surrounding area. Installation will occur during the appropriate windows of time allowed by the Department of Fish and Wildlife. 8b. Will your project impact a waterbody or the area around a waterbody? heel j ❑ Yes ® No 8c. Summarize impact(s) to each waterbody in the table below. [Leipj Activity Waterbody Impact Duration Amount of Area (sq. ft. or linear causing impact name location' of material to be ft.) of waterbody (clear, dredge, impact? placed in or directly affected fill, pile drive, removed from etc.) waterbody Installation of Pickering In the One day Anchor to be See anchor options buoy anchor Passage waterbody attached to beach listed in ACE system bottom. No Programmatic ESA material Consultation placement or Conditions for Mooring removal. Buoy Indicate whether the impact will occur in or adjacent to the waterbody. If adjacent, provide the distance between the impact and the waterbody and indicate whether the impact will occur within the 100-year flood plain. s Indicate the time(in months or years, as appropriate)the waterbody will be measurably impacted by the work Enter"permanent"if applicable. 8d. Have you prepared a mitigation plan to compensate for the projects adverse impacts to non-wetland waterbodies? heel j • If yes, submit the plan with the JARPA package. ❑ Yes ❑ No ® Not applicable 8e. Summarize what the compensatory mitigation plan is meant to accomplish. Describe how a watershed approach was used to design the plan. • If you already completed 7j.,you do not need to restate your answer here. hel The project will be completed during windows of time that do not disturb endangered or threatened species. A mid-line float system will be used to keep the anchor line from dragging on the bottom. 8f. For all activities identified in 8c., describe the source and nature of the fill material, amount(in cubic yards) you will use, and how and where it will be placed into the waterbody. Lei ] No fill material necessary for this project. 8g. For all excavating or dredging activities identified in 8c., describe the method for excavating or dredging, type and amount of material you will remove, and where the material will be disposed. [help] Anchors will be installed in the shore bottom. No excavating or dredging needed. A small amount of underwater turbidity will occur when anchors are attached. This sediment will settle on the bottom in a short time. Part 9—Additional Information Any additional information you can provide helps the reviewer(s) understand your project. 9a. If you have already worked with any government agencies on this project, list them below. LhgiA Agency Name Contact Name Phone Most Recent Date of Contact Mason County Grace Miller (360)427-9670 ext. 360 March 2010 WA Fish &Wildlife Margie Schirato (360) 427-2179 March 2010 Army Corps of Damn Habel (206) 764-6883 March 2010 Engineers, Seattle 9b. Are any of the wetlands or waterbodies identified in Part 7 or Part 8 on the Washington Department of Ecology's 303(d) List? hel ] • If yes,list the parameter(s)below. • If you don't know, use Washington Department of Ecology's Water Quality Assessment tools at hftp:/twww.ecy.wa.gov/programs/Wq/303d/. ❑ Yes ® No 9c. What U.S. Geological Survey Hydrological Unit Code(HUC) is the project in? [Leipj • Go to http://cfi)ub.epa.ciov/surf/locate/index.cfm to help identify the HUC. Watershed Name: Puget Sound USGS Cataloging Unit: 17110019 9d. What Water Resource Inventory Area Number(WRIA#) is the project in? hel • Go to http://www.ecy.wa.gov/services/gis/maps/wria/wria.htm to find the WRIA A WRIA#14 9e. Will the in-water construction work comply with the State of Washington water quality standards for turbidity? h[tel ] • Go to hftp://www.ecv.wa.gov/progra ns/wq/swqs/crittria.html for the standards. ® Yes ❑ No ❑ Not applicable 91F. If the project is within the jurisdiction of the Shoreline Management Act, what is the local shoreline environment designation? [nelp] • If you don't know,contact the local planning department. For more information, go to: hftp://www.ecy.wa.gov/programs/sea/sma/laws rules/173-26/211 designations.html. ® Rural ❑ Urban ❑ Natural ❑ Aquatic ❑ Conservancy ❑ Other 9g. What is the Washington Department of Natural Resources Water Type? Lhel • Gotohttp://www.dnr.w qov/BusinessPermits/Topics/ForestPracticesApplications/Pages/fp watertvping.aspx for the Forest Practices Water Typing System. ® Shorelines ❑ Fish ❑ Non-Fish perennial ❑ Non-Fish seasonal 9h. Will this project be designed to meet the Washington Department of Ecology's most current stormwater manual? hel • If no, provide the name of the manual your project is designed to meet. ❑ Yes ❑ No ® Does not apply Name of manual: 9i. If you know what the property was used for in the past, describe below. (hell I Undeveloped, vacant land. 9j. Has a cultural resource (archaeological) survey been performed on the project area? hei • If yes, attach it to your JARPA package. ❑ Yes ® No 9k. Name each species listed under the federal Endangered Species Act that occurs in the vicinity of the project area or might be affected by the proposed work. heipel ] Puget Sound Chinook; Puget Sound Steelhead; Bald Eagle—no documented nesting sites in the vicinity of project area; Bull Trout- but not found in area involved with this project; Northern Spotted Owl - no documented nesting sites in proximity to the project site; Marbled Murrelet—no documented nesting sites or potential nesting trees surrounding project area. 91. Name each species or habitat on the Washington Department of Fish and Wiildlife's Priority Habitats and Species List that might be affected by the proposed work. [heel ] Puget Sound Chinook; Bull trout. Part 10—Identify the Permits You Are Applying For Use the resources and checklist below to identify the permits you are applying for. • Online Project Questionnaire at http://apps.ecy.wa.gov/opas/. • Governor's Office of Regulatory Assistance at(800) 917-0043 or helpo-ora.wa.gov. 10a. Compliance with the State Environmental Policy Act(SEPA). (check all that apply.) hel • For more information about SEPA, go to www.ecy.wa.gov/programs/sea/sepa/e-review.html. ❑ A copy of the SEPA determination or letter of exemption is included with this application. ❑ A SEPA determination is pending with (lead agency). The expected decision date is ❑ I am applying for a Fish Habitat Enhancement Exemption. (check the box below in 10b.) Submit the Fish Habitat Enhancement Project form with this application. The form can be found at: http://www.epermitting.wa.gov/site/alias_resourcenter/jarpa_jarpa_form/9984/jarpa_form.aspx. ® This project is exempt(choose type of exemption below). ❑ Categorical Exemption. Under what section of the SEPA administrative code (WAC) is it exempt? ® Other: Mason County Shoreline Exemption ❑ SEPA is pre-empted by federal law. help] 10b. Indicate the permits you are applying for. (check all that apply.) hel LOCAL GOVERNMENT Local Government Shoreline permits: ❑ Substantial Development ❑ Conditional Use ❑ Variance ® Shoreline Exemption Type (explain): 5 (Placement of Buoy) Other city/county permits: ❑ Floodpiain Development Permit ❑ Critical Areas Ordinance STATE GOVERNMENT Washington Department of Fish and Wildlife: ® Hydraulic Project Approval (HPA) ❑ Fish Habitat Enhancement Exemption Washington Department of Ecology: ❑ Section 401 Water Quality Certification Washington Department of Natural Resources: ® Aquatic Resources Use Authorization FEDERAL GOVERNMENT United States Department of the Army permits (U.S. Army Corps of Engineers): ❑ Section 404 (discharges into waters of the U.S.) ® Section 10 (work in navigable waters) United States Coast Guard permits: ❑ General Bridge Act Permit ❑ Private Aids to Navigation (for non-bridge projects) Part I I—Authorizing Signatures Signatures required before submitting the JARPA package. 11 a. Applicant Signature (required) h[�ei ] I certify that to the best of my knowledge and belief, the information provided in this application is true, complete, and accurate. I also certify that I have the authority to carry out the proposed activities, and I agree to start work only after I have received all necessary permits. I hereby aut rile the agent named in Part 3 of this application to act on my behalf in matters related to this application. 7 (initial) By initialing here, I state that I have the authority to grant access to the property. I also give my consent to the permitting agencies e ringe property where the project is located to inspect the project site or any work related to the project. (initial) Ap f ant Date 11 b. Authorized Agent Signature [help] I certify that to the best of my knowledge and belief, the information provided in this application is true, complete, and accurate. I also certify that I have the authority to carry out the proposed activities and I agree to start work only after all necessary permits have been issued. 41 Authorized Agent Date 11c. Property Owner Signature (if not applicant) hei I consent to the permitting agencies entering the property where the project is located to inspect the project site or any work. These inspections shall occur at reasonable times and, if practical, with prior notice to the landowner. Property Owner Date 18 U.S.0§1001 provides that:Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false,fictitious, or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious,or fraudulent statement or entry, shall be fined not more than$10,000 or imprisoned not more than 5 years or both. If you require this document in another format, contact The Governor's Office of Regulatory Assistance(ORA). People with hearing loss can call 711 for Washington Relay Service. People with a speech disability can call(877)833-6341. ORA publication number: ENV-019-09 PROGRAMMATIC ESA' CONSULTATION Specific Project Information Form US Army corps For Mooring Buoys i of Engineers c Seattle District Version: February 2010 Eligibility for Programmatic Consultation This application: ® Meets all of the requirements of this programmatic consultation ❑ Does not meet all of the requirements of this programmatic consultation. This form constitutes a reference biological evaluation in association with: NMFS reference: 2005/07506 USFWS reference: 13410-2009-I-0421 1. Programmatic Activity: Mooring Buoys 2. Drawings-Drawings and photographs must be submitted Drawings must include a vicinity map; plan,profile, and cross-section drawings of the proposed structures;and overwater structures on adjacent properties. (For assistance with the preparation of the drawings,please refer to our Drawing Checklist located on our website at www.nws.usace.army.mil Select Regulatory— Regulatory/Permits—Forms.) 3. Date: 4-3-10 4. Applicant: Judith A Schaaf Corps Reference No.: Address: 1030 East Sunset Hill Road City: Shelton State:WA Zip: 98584 5. Agent: Kristin K Holten Address: 2912 34`h St SE City: Puyallup State: WA Zip: 98374 6. Project Name(e.g.,Alice's Restaurant): Schaaf/Holten Mooring Buoy 7. Location(s)of Activity: Address: 1030 East Sunset Hill Road City: Shelton State:WA Zip: 98584 Section: NE 34 Township: 21 Range: 2W Latitude: 47.269444 N Longitude: -122.919287 W approx. using Google Earth Waterbody: Pickering Passage County: Mason 8. Listed or Proposed Fish Species and their Critical Habitat Present:Puget Sound Chinook; Puget Sound Steelhead• Bull Trout 'Endangered Species Act 9. Listed Non-Fish Species and their Critical Habitat Present: Northern Spotted Owl:Marbled Murrelet Bald Eagle 10. Description of Work: Describe what is being placed, installed,or constructed and the type of material used: Mooring Buoy anchored using the Army Corps Programmatic ESA Consultation Conditions. Construction Techniques—Describe how the work will be done: Machinery(types): Small boat will be used to deliver buoy and anchor system By Hand: See Programmatic ESA Conditions for approved installation options. 11. Forage Fish Habitat—only complete this section if the project is in tidal waters. Check box if Washington Department of Fish and Wildlife(WDFW)documented habitat is present. Go to the WDFW website for this information: bitp:Hwdfw.wa.gov/fish/foraize/forage.htm,then search for each species under the link to Biology,then the link to Documented Spawning Grounds(if available,please attach a copy of the Hydraulic Project Approval from WDFW): Surf Smelt: Pacific Herring: ❑ Sand Lance: ❑ If there is no WDFW documented habitat present,please describe the type of substrate and elevation and presence of aquatic vegetation at the project area. For example: At+10 to+5 feet above MLLW,there is no aquatic vegetation,the substrate consists of large cobbles. At+5 to+1 foot above MLLW,there is eelgrass and the substrate consists of fine sand. In addition,please submit an eelgrass survey and photographs showing the entire project area. The photographs should be taken at ground level and at low tide and should show a panoramic view of the entire project area in the dry. Photographs should clearly show the presence or absence of vegetation and the substrate composition. Close up photographs of the substrate and/or vegetation should be included if there are any areas of particular interest. To most accurately reflect vegetation distribution,photos should be taken at low tide during June 1 through October 1. Eelgrass survey is required for all mooring buoys installed landward of-30 MLLW. Survey must meet the state HPA requirements. 12. Programmatic Conditions. In order to meet all ESA requirements for this programmatic consultation,all programmatic conditions listed below must be met. Check each condition that you 2 will meet. Check each item"not applicable"if they do not apply to your project. If you checked "will not meet"for any of the conditions,you must complete the"Will Not Meet"section at the end of this document. Will Will Not Programmatic Conditions Meet Not Applicable Meet ® ❑ ❑ Work will be performed within the approved work windows for listed species and forage fish. ® ❑ ❑ No new access roads, routes, or trails will be included as part of the proposed action. ® ❑ ❑ No stockpiling or staging of material will occur below OHW or MHI IW. ® ❑ ❑ Activity is limited to placement of mooring buoys for single boat, non-commercial use. ® ❑ ❑ Buoy location will be accessed by a small boat or dinghy. ® ❑ ❑ One or two SCUBA divers will screw a helical anchor into the substrate. Meets NMFS and FWS requirements. ® ❑ ❑ If the substrate is too hard for a helical screw, a 5-gallon bucket filled with cured concrete will be used. Meets NMFS and FWS requirements. ® ❑ ❑ If substrate is too hard for a helical screw and a 5-gallon bucket filled with concrete is not adequate, a fully cured concrete block or steel anchor up to a maximum weight of 1.5 tons and maximum size of 4 cubic yards dependent on buoy size can be used. Meets FWS requirements, but will need NMFS concurrence. ® ❑ ❑ Uncured concrete will not be allowed to come into contact with surface water. ® ❑ ❑ Buoys will be placed at a water depth from 15 to 30 feet. ® ❑ ❑ The buoy will be I to 3 feet in diameter,made of Styrofoam ball with plastic coating and a steel rod through the center with key holes at the top and bottom: one for the anchor attachment and one for the boat moorage. ® ❑ ❑ All activities will be completed within a few hours,and any leftover material will be collected and disposed of off-site. ® ❑ ❑ No solvents or other chemicals will be used in or over the water during the construction or operation of the proposed action. ® ❑ ❑ No waste material, including material associated with treated wood decks,will enter the waterbody. ® ❑ ❑ All waste material and construction debris will be collected and disposed of at an approved facility that is in compliance with the Endangered Species Act. ® ❑ ❑ All floating debris generated during construction will be retrieved, removed,and disposed of at an approved upland location. 3 ® ❑ ❑ All natural habitat complexity features will be retained. Moved downed wood will be returned to its previous position following completion of the work. ® ❑ ❑ All equipment that will operate over water or below OHWM or MHI-IW will be cleaned of accumulated grease,oil,or mud. All leaks will be repaired prior to arriving on site. Equipment will be inspected daily for leaks,accumulations of grease, etc.,and any identified problems will be fixed before operating over water or below the OHWM or MHHW. ® ❑ ❑ No work will be performed and structures and fill materials will not be placed in or adjacent to vegetated shallows(except where such vegetation is limited to State-designated noxious weeds),wetlands, special aquatic sites, or suitable forage fish spawning habitat. ® ❑ ❑ If work will be done in or within 25 feet of an existing or previously designated Superfimd site or Washington State Model Toxic Control Act(MICA)site, BMPs established by EPA during CERCLA coordination or Washington State Department of Ecology during MTCA will be followed. ® ❑ ❑ Barges will not ground or rest on substrate and structures and attendant features(the anchor,buoy, and moored vessel)will not be located over or adjacent to(within 25 feet of)vegetated shallows (except where such vegetation is limited to State-designated noxious weeds). The anchor must be located at least 25 feet plus the length of the moored structure from vegetated shallows.Attach eelgrass survey if project is landward of-30 MLLW. Survey must meet HPA standards ® ❑ ❑ Structures and attendant features(the anchor,buoy,and moored vessel)will not be located over or within 25 feet of spawning habitat for listed or proposed fish species. The anchor must be located at least 25 feet plus the length of the moored structure from spawning habitat. ® ❑ ❑ Structures and attendant features(the anchor,buoy,and moored vessel)will not be located over or within 25 feet of spawning habitat for forage fish species. The anchor must be located at least 25 feet plus the length of the moored structure from spawning habitat. ® ❑ ❑ Buoys will not exceed four per acre at any time(and no more than three existing buoys within 120-foot radius of proposed buoy). ® ❑ ❑ Buoy anchors will be installed so that the anchor line does not drag or scour. ® ❑ ❑ Flotation will be completely contained to prevent breakup. ® ❑ ❑ Vessels will not ground out at low water. ® ❑ ❑ The bottom of any structure,vessel,watercraft grid,or watercraft lift will be at least 1 foot above the level of the substrate during all water levels. 4 ® ❑ ❑ Fueling and servicing of equipment will be confined to an established staging area that is at least 150 feet from open water or wetlands. Spill containment systems must be adequate to contain all fuel leaks. ® ❑ ❑ Equipment and vehicles will be stored in established staging areas when not in use(excluding cranes,which cannot be easily moved). ® ❑ ❑ A written spill prevention,control,and countermeasures plan will be prepared for activities that include the use of heavy equipment. The plan will describe measures to prevent or reduce impacts from accidental leaks or spills,and will contain a description of all hazardous materials that will be used,proper storage and handling, and monitoring methods. A spill kit will be available onsite during construction and stored in a location that facilitates immediate deployment if needed. ® ❑ ❑ The project will comply with the General Implementation Conditions for our programmatic consultations(Note: These are located on our website at www.nws.usace.army.mil. Select Regulatory—Regulatory/Permits—Forms.) ® ❑ ❑ Projects within 1/4 mile of suitable western snowy plover nesting or foraging habitat will not occur from March 15 through September 30. If the applicant will meet all of the above conditions, then the applicant must sign below: I,as the applicant,have read all the USFWS and NMFS requirements for their Programmatic Consultations dated September 9,2009 and January 16,2008,respectively. These requirements are listed on the Seattle District Corps webpage at http://www nws usace.army.mil/PubIlcMenu/Mcnu.cfm?sitcname=REG&pagename=Phase I. I certify that this project meets all applicable requirements of the programmatic consultations. In the event that the U.S. Army Corps of Engineers, Seattle District,the U.S. Fish and Wildlife Service,and/or the National Marine Fisheries Service/NOAA Fisheries determine that the requirements have not been met, I agree to comply with all resolution measures in accordance with Corps regulations. n q -10 A icant Date 5 If the applicant has checked "Will Not Meet"for any of the above conditions,or there are associated project activities not covered by this Programmatic Consultation or new species and/or critical habitat is not covered under this Programmatic Consultation,then this section must be completed and the applicant must sign below: 1. Why can't you meet all of the conditions of this programmatic consultation? 2. Are there associated project activities not covered by this Programmatic Consultation? If so,what are the impacts of associated project activities not covered by this Programmatic Consultation: 3. Are there species and/or critical habitat in the vicinity of the project that are not covered under this Programmatic Consultation? If so,what are the impacts to species not covered under this Programmatic Consultation: 4. Why are the impacts of the proposed project"Not Likely to Adversely Affect"ESA species?How have you minimized impacts? (Note: If your effect analysis is lengthy,you may attach an addendum.) I,as the applicant,have read all the USFWS and NMFS requirements for their Programmatic Consultations dated September 9,2009 and January 16,2008,respectively. These requirements are listed on the Seattle District Corps webpage at http://www nws usace.army.mil/PublicMenu/Menu.cfm?sitename=REG&pa,gename=Phase I. I understand that informal consultation with National Marine Fisheries Service and U.S. Fish and Wildlife Service will be initiated with this form. I will not proceed with construction until I receive written notification from the U.S. Army Corps of Engineers that the proposed work is authorized. Applicant Date 6 --------------------------------Below to be completed by the Corps----------------------------- Note to PM: If the applicant meets all of the conditions of this programmatic consultation,complete this section. If the applicant does not meet all of the conditions of this programmatic consultation,do not complete this section; instead,complete a Memorandum for the Services-Reference Biological Evaluation Form. ❑ I have reviewed the Department of the Army application and this form for consistency with the USFWS and NMFS requirements Programmatic Consultations dated September 9,2009 and January 16, 2008,respectively. Additional Information(complete as applicable): 1. Summary of ESA consultation for associated project activities not covered by the Programmatic Consultation: 2. Approved Work Window: to 3. Summary of ESA Consultation for species not covered under this consultation: 4. Summary of ESA Consultation for critical habitat not covered under this consultation(e.g., "no effect"analysis for newly designated critical habitat,date consultation completed,etc): Corps Project Manager Date Corps Senior Scientist Date 7 MOORING BUOY PLAN SCALE: 11" 40' KEY: means approximately Overhanging Vegetation PICKERING PASSAGE North Property Line Tide Ebbs and Flows from both directions. 200' t� Buoy N1HWL Elev. 13.3' 100' MHHWL Top of Bank Elev. 14.3' Toe of Bank Helix Anchor Mooring System South Property Line Line to Mooring Vessel Buoy 0 } Chain w/ Swivels Mldline Float Helix Anchor System Mean Higher High Water Line(MHHWL)and Mean Permit applications submitted for this project: High Water Line(MHWL)determined by Ch. 17.50 Mason Co. Shoreline Exemption Mason County Shoreline Master Program Use US Army Corps of Engineers Section 10 Permit Regulations and a professional survey. Tide Ebbs and DNR Aquatic Resources Use Authorization Flows from both directions through Pickering Passage WDFW Hydraulic Project Approval (University of Washington College of Engineering). Adiacent Property Owners Reference: aterbod : Pickering Passage © Murray&Jana Hocker Applicant: Judith A Schaaf Lat/Long: PO Box 477 7.2694" N. lat/-122.919287 W Ion Fall City,WA 98204-0477 Proposed Project: Location: Judith A Schaaf Ivan &Nilsa Thorsos New Schaaf/Holten Mooring Buoy Sec/Twp/Rng: NE S:34/T: 21 /R:2W 854 Cavanaugh Rd. Purpose:Access from water County: Mason State:WA Glendale. CA 91207-1502 Date:April 3, 2010 IPage 2 of 5 a , MOORING BUOY PROFILE VIEW Stair Tower t ------I---------------------------------------------------------- ----------------------- ---------- ---- T4— M144HWL/0HWL - 4' MY ------ ---------------------- ------------------------- Min 15'Depth Beach Grade MHWL 13.3' < 200' (depending on slope of bed below ——> minus 4'tide level) Helix Anchor Mooring System Line to Mooring Vessel Buoy Mean Higher High Water Line(MHI-1WL)and Mean i Chain w/ High Water Line(M14WL)and Ordinary High Water I Swivels Line(OHWL)determined by Ch. 17.50 Mason County Shoreline Master Program Use Regulations and a professional survey. Midline Float KEY: SCALE: F' =40' means approximately ® Helix Anchor System Adiacent Property Owners Reference: aterbod : ickering Passage In Murray&Jana Hocker Applicant: Judith A Schaaf Lat/Long: PO Box 477 7.269444 N. lat/-122.919287 W long Fall City,WA 98204-0477 Proposed Project: Location:Judith A Schaaf New Schaaf/Holten Mooring Buoy ec/Twp/Rng: NE S: 34/T: 21 /R: 2W Q Ivan&Niisa Thorsos Purpose:Access from waterCounty: Mason State:WA 854 Cavanaugh Rd. Ka�,­AprilGlendale, CA 91207-1502 3, 2010 Page 3 of 5 MOORING BL10Y VICINITY `Microsof , Tarluyr� Allly Virtual Earth'" Schaaf/Holten 0U r lun a 1030 E Sunset Hill Road Fair Harbo o veug Little hn0 a Shelton, WA 98584 QHoq,iam �3 Grapeview (14.84 miles to Shelton) From Shelton: Oakland i lartsrene morona a Fiorrre a • Take WA 3 heading North 7.1 miles. nt • Turn Right onto E Pickering Road. B,�yshore c'aharn Pamta plallow U$�j aLab • Follow 3.5 miles to Harstine Bridge Road. tors Agate Har Island dland r � • Cross bridge (0.5 miles). a a Lori • From bridge, go 0.2 miles to E North Island Arcadia Drive. 0� • Turn Left onto E North Island Drive and _ �� follow for 2.3 miles. �r �ptt��' Boston I Harbor 0 2008 NatdQq • Turn Left onto E Sunset Hill Road and follow 0N.;.r ]llche y -Sian Beach ° 020081ulor' soft 0.8 miles to subject property. Virtual a a,, «�`• �, �Q 'y. lEmnd Vies.Ro Pa Jarrell 's og cove Q V�No Park Oakland 0 F Subject - Harslene _ Property E ° Su�v5t1�iNl Rd Proposed �, 5chaaflHoltetT"♦ aa, Lake o o Mooring � Buoy Spence a £ r'e.(dc� ,. � F IMMHnn Ril e E Clay Rd v Gran: -iE Al °Rh Graham Point �Fu2Aatin Fb \ IIa+E.unc].,and Ballow r L De*. Vim G�Je or Bridge J 5 2 y P - Mile i l 1 i '/a '/2 ] T Adiacent Property Owners Reference: Waterbody: Pickering Passage Murray &Jana Hocker Applicant: Judith A Schaaf Lat/Long: PO Box 477 47.269444 N. lat/-122.919287 W Ion Fall City, WA 98204-0477 Proposed Project: Location: Judith A Schaaf New Schaaf/Holten Mooring Buoy Sec/Twp/Rng: NE S: 34/T: 21 /R: 2W a Ivan & Nilsa Thorsos Purpose: Access from Water County: Mason State: WA 854 Cavanaugh Rd. Date: April 3, 2010 Page 1 of 5 Glendale, CA 91207-1502 MOORING BUOY SITE PHOTOGRAPHS Looking West WAN -� - - •.iw .... .-..- -..r'SY �..-Alta..^V d _ �-6, W.� Adjacent Property Owners Reference: Waterbody: Pickering Passage Murray &Jana Hocker Applicant: Judith A Schaaf Lat/Long: PO Box 477 47.269444 N. lat/-122.919287 W long Fall City,WA 98204-0477 Proposed Project: Location: Judith A Schaaf New Schaaf/Holten Mooring Buoy Sec/Twp/Rng: NE S: 34/T: 21 /R: 2W Ivan& Nilsa Thorsos Purpose: Access from water County: Mason State:WA 854 Cavanaugh Rd. Glendale, CA 91207-1502 Date: April 3, 2010 Page 4 of 5 MOORING BUOY SITE PHOTOGRAPHS Looking Southwest WN r� .. ay_ - t- `� e'S<< - r •mot c:t����. � Looking Northwest • y.Ly Adjacent Property Owners Reference: aterbody: Pickering Passage a Murray &Jana Hocker Applicant: Judith A Schaaf Lat/Long: PO Box 477 7.269444 N. lat/-122.919287 W long Fall City, WA 98204-0477 Proposed Project: Location: Judith A Schaaf New Schaaf/Holten Mooring Buoy Sec/Twp/Rng: NE S: 34/T: 21 /R: 2W F2-1 Ivan & Nilsa Thorsos Purpose: Access from water County: Mason State:WA 854 Cavanaugh Rd. Glendale, CA 91207-1502 Date: April 3, 2010 Page 5 of 5