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HomeMy WebLinkAboutARMY Corps Utilites Letter - SHX Letters / Memos - 1/19/2006 : r DEPARTMENT OF THE ARMY S1 SEATTLE DISTRICT,CORPS OF ENGINEERS P.O. BOX 37 SEATTLE,W/�Att11ISHiNGTON 98124-3755 REPLY TO ��A fY � 9 2006 ATTENTION OF Regulatory Branch Mason County Department of Utilities Mr. Doug Micheau Post Office Box 578 Shelton, Washington 98584 Reference: 200500432 Mason, County of(Hartstene) Dear Mr. Micheau: Our regulatory program utilizes a series of nationwide permits (NWPs) to authorize specific categories of work that have minimal impact on the aquatic environment when conducted in accordance with the permit conditions (Federal Register, January 15, 2002, Vol. 67, No. 10). Based on the information you provided to us, NWP 12 — Utility Line Activities, authorizes your proposal to extend an existing sewage outfali pipe an additional 2,220 feet into Case Inlet, as depicted on the enclosed drawings dated April 6, 2005. The project would occur in Case Inlet off Puget Sound, near Shelton, Mason County, Washington. In order for this NWP authorization to be valid, you must ensure that the work is performed in accordance with the enclosed Nationwide Permit 12, Terms and Conditions and the following special conditions that we have added to ensure that this project would have no more than a minimal adverse impact on the aquatic environment: a. You must implement and abide by the Endangered Species Act (ESA) requirements and/or agreements set forth in the Biological Evaluation Mason County Hartstene Pointe Wastewater Treatment Facility Improvements and Outfall Modifications, dated April 8, 2005, and the addendum dated September I, 2005, in their entirety. The National Marine Fisheries Service (NMFS) concurred with a finding of"may affect, not likely to adversely affect"based on this document on October 17, 2005 (NMFS Reference Number 2005/05143). The U.S. Fish and Wildlife Service (USFWS) concurred with a finding of"may affect, not Iikely to adversely affect"based on this document on November 25, 2005 (USFWS Reference Number 1-3-05-I-0648). Both agencies will be informed of this permit issuance. Failure to comply with the commitments made in this document constitutes non-compliance with the ESA and your U.S. Army Corps of Engineers permit. The USFWS/NMFS is the appropriate authority to determine compliance with ESA. b. In order to protect coastal Puget Sound bull trout and Puget Sound Chinook, the permittee may conduct the authorized activities from July 16 through February 15 in any year this permit is valid. The permittee shall not conduct work authorized by this permit from February 16 through July 15 in any year this permit is valid. Ok- -2- c. 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 Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. You are cautioned that any change in project location or plans will require that you submit a copy of the revised plans to this office and obtain our approval before you begin work. Deviating from the approved plans could result in the assessment of criminal or civil penalties. Please note that we may need to reinitiate ESA Section 7 consultation with the NMFS and/or USFWS in order to authorize any work not already included in the enclosed plans. For certain NWP authorizations to be valid, the Washington State Department of Ecology (Ecology) must have concurred with or waived a Coastal Zone Management (CZM) consistency determination. Because this project does not require Clean Water Act authorization, CZM consistency is approved. You do not need to contact Ecology concerning this requirement. We have reviewed your project pursuant to the requirements of the ESA. After consulting with the NMFS and the USFWS, we have determined that this project meets the requirements of NWP National General Condition 11 provided you comply with Special Conditions "a" and "b"listed above. Our verification of this NWP is valid for 2 years from the date of this letter unless the NWP is modified, reissued or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. This verification includes a preliminary jurisdictional determination that is not appealable. If this project complies with all terms and conditions of this NWP, you will need no further authorization from us. However, you must still obtain all State and local permits that apply to your project. Also, we remind you that failure to comply with all terms and conditions of this NWP verification invalidates your authorization and could result in a violation of Section 404 of the Clean Water Act and/or Section 10 of the 1899 Rivers and Harbors Act. Y -3- Upon completing the authorized work, please 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 that the completed work and any required mitigation was conducted in accordance with the terms and conditions of this NWP. Thank you for your cooperation during the permit process. Your efforts help us protect our nation's aquatic resources, including wetlands. We are interested in your thoughts and opinions concerning your experience with our Regulatory Program and encourage you to complete a customer service survey form. This form and information about our administrative appeal process is available on our website at: www.nws.usace.army.mil/rep,.htmi. A copy of this letter with enclosures will be furnished to Mr. Jim Dougherty of Gray & Osborne, Inc. at 701 Dexter Avenue North, Suite 200, Seattle, Washington 98109. If you have any questions about this letter or our regulatory program, please contact me at (206) 764-6878 or via email at Koko.Z.Cronin(a)usace.army.mil. Sincerely, �oko Cronin, Project Manager South Application Review Section Enclosures