HomeMy WebLinkAboutSHR2000-00029 WDFW Army Corps HPA - SHR Reports - 3/14/2002 HYDRAULIC PROJECT APPROVAL State of Washington
d RCW 77.55.100-appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife
Region 6 Office
FISE=d 48 Devonshire Road
WOLN Montesano,Washington 98563-9618
DATE OF ISSUE: March 14, 2002 LOG NUMBER: 00-E5436-04
PER 41TTEE AUTHORIZED AGENT OR CONTRACTOR
Alan Kane Marine Floats
11728 Northeast 48`h Place ATTENTION: Wendell Stroud
Kirkland, WA 98033 Post Office Box 336 E C E I
Tacoma, WA 98401
(253) 383-2740 MAR 2
Fax: (253) 383-1102
PROJECT DESCRIPTION: Construct Pier, Ramp, and Float
PROJECT LOCATION: East 7931 Highway 106, Union, WA 98592
# WRIA WATER BODY TRIBUTARY TO 1/4 SEC. SEC. TOWNSHIP RANGE COUNTY
1 14.MARI Hood Canal Puget Sound SW 34 22 North 03 East Mason
NOTE: This Hydraulic Project Approval pertains only to the provisions of the Washington State Fisheries and Wildlife
Codes. It is the permittee's responsibility to apply for and obtain any additional authorization from other public
agencies(local, state and/or federal) that may be necessary for this project.
Under Section 10 of the Rivers and Harbors Act, the U.S. Army Corps of Engineers (Corps) line of jurisdiction
for navigable waters is mean high water(MHW)and for fresh waters is ordinary high water(OHW). Section
10 regulates the construction of structures or performance of work in navigable waters of the U.S. Piers, floats,
ramps, piling,buoys, breakwaters, and dredging are all considered regulated activities under Section 10. Any of
these activities that occur at or waterward of MHW or OHW may require authorization from the Corps. Prior
to construction, projects in navigable waters should receive written authorization from the Corps stating that
they are (1) authorized under a Nationwide Permit or Standard Permit and (2) that Endangered Species Act
Section 7 consultation has been completed and they may proceed(with special conditions as appropriate). The
Corv,s can be contacted at U.S. Amy Corps of Engineers, Regulatory Branch, Post Office Box 3755, Seattle,
Washington, 98124-3755, telephone (206) 764-6980.
PROVISIONS
1. TIMING LIMITATIONS: The project may begin June 15, 2002 and shall be completed by February 14, 2004,
provided:
a. Work below the ordinary high water line shall not occur from February 15 through June 14 of any year for the
protection of migrating juvenile salmonids.
2. NOTIFICATION REQUIREMENT: The permittee or contractor shall notify the Area Habitat Biologist(AHB) listed
below,by FAX (360) 876-1894 or mail, of the project start date. Notification shall be received by the AHB at least
three working days prior to the start of construction activities. The notification shall include the permittee's name,
project location, starting date for work, and the control number for this Hydraulic Project Approval.
Page 1 of 5
HYDRAULIC PROJECT APPROVAL State of Washington
d RCW 77.55.100-appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife
Region 6 Office
48 Devonshire Road
WIN Montesano,Washington 98563-9618
DATE OF ISSUE: March 14, 2002 LOG NUMBER: 00-E5436-04
3. NOTIFICATION REQUIREMENT: The permittee or contractor shall notify WDFW Enforcement Sergeant Brinson
at the above address or by fax at(360) 902-2942 at least three working days prior to the start of construction
activities. Notification shall include the permittee's name, project location, starting date for work, and the control
number for this Hydraulic Project Approval.
4. Work shall be accomplished per plans and specifications entitled, Revised Plan Drawing for Alan Kane and Revised
Adjacent Structures Drawing for Alan Kane, dated January 31, 2002, and submitted to the Washington Department of
Fish and Wildlife, except as modified by this Hydraulic Project Approval. A copy of these plans shall be available
on site during construction.
5. All manmade debris on the beach shall be removed and disposed of upland such that it does not enter waters of the
state.
6. The pier, ramp, and float centerline shall be re-established during the construction phase using the same methodology
employed to establish the centerline during the vegetation survey to ensure protection of the eelgrass habitat.
7. The pier,ramp, and float structure shall not exceed 57 feet in total length.
8. The solid decked portions of the structure shall not exceed the following widths: the 14-foot long pier, 6 feet; the 32-
foot long ramp, 3 feet; and the 16-foot long rectangular shaped float, 8 feet.
9. The 16 foot by 8 foot rectangular shaped float shall contain 4 foot by 2 foot of grating in the center that passes
sunlight. Floatation shall be located under the solid decked area only. The grated area shall not be used for storage
purposes.
10. No more than 20 percent of the float within the beach area shall ground at any time. Those portions of the float that
will ground shall be constructed to align parallel to the shore and provide a minimum of eight inches clearance
between the beach area and non-grounding portions of the float.
11. Floats shall have been designed and shall have been deployed so that the bed is not damaged.
12. Floatation for the structures shall be fully enclosed in wood, cement, PVC, metal, or rubber tires, and contained to
prevent the breakup or loss of the floatation material into the water.
13. As specified in the application, the six pilings may be Chemonite pilings treated at 1.5 pounds per cubic foot but shall
not be creosote treated pilings.
14. Wooden components which will be in contact with the water shall not contain creosote or pentachlorophenol. This
shall include pilings, beams, structural supports, and decking. These components shall remain free of these toxic
substances for the duration of their functional lives.
15. All piling, lumber, and other materials treated with preservatives shall be sufficiently cured to minimize leaching into
the water or bed.
16. All treated wood piling and lumber to be used for the project shall meet or exceed the standards established in, "Best
Management Practices For the Use of Treated Wood in Aquatic Environments" developed by the Western Wood
Preservers Institute, revised July 1996.
Page 2 of 5
HYDRAULIC PROJECT APPROVAL State of Washington
RCW 77.55.100- appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife
Region 6 Office
FISH ad 48 Devonshire Road
UDLN Montesano,Washington 98563-9618
DATE OF ISSUE: March 14, 2002 LOG NUMBER: 00-E5436-04
17. Sawdust, trimmings, or drill shavings from treated wood shall be completely contained with tarps or other impervious
materials and prevented from entering the beach, bed, or waters of the state.
18. Structures which use treated wood shall incorporate design features, such as metal, plastic, or rubber wear strips or
fender systems to prevent abrasion of the treated wood by floats, ramps, debris, or vessels.
19. The pier, ramp, float, and associated moorings shall have been designed and shall have been located to avoid shading
of eelgrass (Zostera spp).
20. Eelgrass and kelp shall not be adversely impacted due to any project activities (e.g.,barge shall not ground, anchors
or spuds shall not be deployed, equipment shall not operate, and other project activities shall not occur in eelgrass
and kelp).
21. All natural habitat features on the beach larger than 12 inches in diameter, including trees, stumps, logs, and large
rocks, shall be retained on the beach following construction. These habitat features may be moved during
construction if necessary.
22. Project activities shall be conducted to minimize siltation of the beach area and bed.
23. If a fish kill occurs or fish are observed in distress, the project activity shall immediately cease and WDFW Habitat
Program shall be notified immediately.
24. All debris or deleterious material resulting from construction shall be removed from the beach area and bed and
prevented from entering waters of the state.
25. No petroleum products or other deleterious materials shall enter surface waters.
26. Materials shall not be burned below the ordinary high water line.
21. Project activities shall not degrade water quality to the de nment of fist:life.
SEPA: MDNS by Mason County final on September 11, 2000.
APPLICATION ACCEPTED: March 11, 2002 ENFORCEMENT OFFICER: Golden 181 [P3]
Randi Thurston (360) 895-6123 X2
` 0-1 � ' for Director
Area Habitat Biologist "" WDFW
cc: Sandra O'Haleck, Mason County
Permit Reviewer, USACE
Permit Reviewer,NMFS
Permit Reviewer,USFWS
Page 3 of 5
HYDRAULIC PROJECT APPROVAL State of Washington
Depea/ RCW 77.55.100-appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife
Region 6 Offce
pJ�°ar 48 Devonshire Road
1PIIDLN Montesano,Washington 98563-9618
DATE OF ISSUE: March 14, 2002 LOG NUMBER: 00-E5436-04
GENERAL PROVISIONS
This Hydraulic Project Approval (HPA)pertains only to the provisions of the Fisheries Code (RCW 77.55 - formerly
RCW 75.20). Additional authorization from other public agencies may be necessary for this project.
This HPA shall be available on the job site at all times and all its provisions followed by the permittee and operator(s)
performing the work.
This HPA does not authorize trespass.
The person(s) to whom this HPA is issued may be held liable for any loss or damage to fish life or fish habitat which
results from failure to comply with the provisions of this HPA.
Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one
hundred dollars per day or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment.
All HPAs issued pursuant to RCW 77.55.100 or 77.55.200 are subject to additional restrictions, conditions or revocation
if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such
action. The permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All HPAs issued pursuant
to RCW 77.55.110 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation
with the permittee: PROVIDED HOWEVER, that such modifications shall be subject to appeal to the Hydraulic Appeals
Board established in RCW 77.55.170.
APPEALS- GENERAL INFORMATION
IF YOU WISH TO APPEAL A DENIAL OF OR CONDITIONS PROVIDED IN A HYDRAULIC PROJECT
APPROVAL, THERE ARE INFORMAL AND FORMAL APPEAL PROCESSES AVAILABLE.
A. INFORMAL APPEALS (WAC 220-110-340) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW
77.55.100, 77.55.110, 77.55.140, 77.55.190, 77.55.200, and 77.55.290:
A person who is aggrieved or adversely affected by the following Department actions may request an informal review
of:
(A) The denial or issuance of a HPA, or the conditions or provisions made part of a HPA; or
(B) An order imposing civil penalties.
It is recommended that an aggrieved party contact the Area Habitat Biologist and discuss the concerns. Most
problems are resolved at this level, but if not, you may elevate your concerns to his/her supervisor. A request for an
INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildlife, 600 Capitol Way North,
Olympia, Washington 98501-1091 and shall be RECEIVED by the Department within 30-days of the denial or
issuance of a HPA or receipt of an order imposing civil penalties. The 30-day time requirement may be stayed by the
Department if negotiations are occurring between the aggrieved party and the Area Habitat Biologist and/or his/her
supervisor. The Habitat Protection Services Division Manager or his/her designee shall conduct a review and
recommend a decision to the Director or its designee. If you are not satisfied with the results of this informal appeal,
a formal appeal may be filed.
B. FORMAL APPEALS (WAC 220-110-350) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW
77.55.100 OR 77.55.140:
Page 4 of 5
HYDRAULIC PROJECT APPROVAL State of Washington
d RCW 77.55.100- appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife
Region 6 Office
48 Devonshire Road
WOLN Montesano,Washington 98563-9618
DATE OF ISSUE: March 14, 2002 LOG NUMBER: 00-E5436--04
A person who is aggrieved or adversely affected by the following Department actions may request an formal review
of:
(A) The denial or issuance of a HPA, or the conditions or provisions made part of a HPA;
(B) An order imposing civil penalties; or
(C) Any other "agency action" for which an adjudicative proceeding is required under the Administrative
Procedure Act, Chapter 34.05 RCW.
A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife, 600 Capitol Way
North, Olympia, Washington 98501-1091, shall be plainly labeled as "REQUEST FOR FORMAL APPEAL" and
shall be RECEIVED DURING OFFICE HOURS by the Department within 30-days of the Department action that is
being challenged. The time period for requesting a formal appeal is suspended during consideration of a timely
informal appeal. If there has been an informal appeal, the deadline for requesting a formal appeal shall be within 30-
days of the date of the Department's written decision in response to the informal appeal.
C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.110, 77.55.200,
77.55.230, or 77.55.290:
A person who is aggrieved or adversely affected by the denial or issuance of a HPA, or the conditions or provisions
made part of a HPA may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the
Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office, 4224 Sixth Avenue SE, Building Two
-Rowe Six, Lacey, Washington 98504; telephone 360/459-6327.
D. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS RESULTS IN FORFEITURE OF ALL
APPEAL RIGHTS. IF THERE IS NO TIMELY REQUEST FOR AN APPEAL, THE DEPARTMENT ACTION
SHALL BE FINAL AND UNAPPEALABLE.
Page 5 of 5
v
R
DEPARTMENT OF THE ARMY
SEATTLE DISTRICT,CORPS OF ENGINEERS
P.O.BOX 3755
SEATTLE,WASHINGTON 98124-3755
REPLY TO
ATTENTION OF JUL 11 2003
D
Regulatory Branch Lk
JUL 14 2003
Mr. Alan Kane 11728 Northeast 48th PlaceHEALTH
SERVICES
Kirkland, Washington 98033
Reference: 200100884
Kane, Alan
Dear Mr. Kane:
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 install a pier, ramp and float, we have determined that
the proposed work meets these requirements and is authorized by this LOP. The proposed work
would occur in Hood Canal at East 7931 State Route 106 near Union, Mason County,
Washington. The purpose of the project is to provide private recreation.
Your authorization to conduct the proposed work under this LOP is contingent upon you
conducting the work as shown in the enclosed drawings dated June 5, 2003, 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 and abide by the Endangered Species Act (ESA) requirements
and/or agreements set forth in the Biological Evaluation, Kane Pier, Ramp, and Float Project,
dated March 1, 2002, and the addenda dated April 10, 2002, June 26, 2002, May 19, 2003, and
June 5, 2003, 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 these documents on June 19, 2002
(USFWS Reference Number 1-3-02-I-1290). The National Marine Fisheries Service (NMFS)
concurred with a finding of"may affect, not likely to adversely affect"based on these documents
on June 10, 2003 (NMFS Reference Number 2002/00383). 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 Corps permit. The USFWS/NMFS is the appropriate
authority to determine compliance with ESA.
b. All lumber used for this project that is treated with ammoniacal copper zinc arsenate
(ACZA) must be post-treated by the aqua-ammonia steaming method.
f
-2-
c. In order to protect Puget Sound chinook, Hood Canal summer chum, coastal-Puget
Sound bull trout, and forage fish(surf smelt and Pacific herring) spawning, 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.
Your authorization to conduct the proposed work under this permit, expires exactly three
years from the date of this letter.
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 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"c" 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
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.
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 Management Act 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 fora
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.ecy.wa.gov/programs/sea/pac%
r
-3-
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.
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. A copy of this letter with enclosures is
being furnished to Ms. Patti McLean, Marine Floats, Post Office Box 336, Tacoma, Washington,
98401. If you have any questions about this letter or our regulatory program, please contact
Ms. Maryann Baird at(206) 764-5531.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
Ralph H. Graves
NColonel, Corps of Engineers
District Engineer
Enclosures
cc: USFWS NMFS ECOLOGY DNR LOCAL GOVERNMENT
Compliance File
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REFERENCE: 2001-1-00884 LOCATION: E 7931 State Route 106 WATERWAY: Hood Canal
Kane,Alan Longitude: 122°05'25" NEAR: Union
PROPOSED: Install pier(6 x Latitude: 471 37'57" COUNTY: Mason
4'), ramp(3 x 32'),and float(8 x SE'/.Sec. 19,T.25N, R.6E STATE: WA
16')with 6 piles ADJ PROPERTY OWNERS: REVISED: 5 June 2003
PURPOSE: Private recreation (1) Moors, Marvin DATUM: NOS
2 Winters,Peter SHEET: 1 of 2
(2) W iNTCKS
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ARE BOTH O THE BULKHEAD
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REFERENCE: 2001-1-00884 LOCATION: E 7931 State Route 106 WATERWAY: Hood Canal
Kane,Alan Longitude: 122105'25" NEAR: Union
PROPOSED: Install pier(6 x Latitude: 47137' 57" COUNTY: Mason
4'), ramp (3 x 32'), and float(8 x SE '/<Sec. 19,T. 25N, R. 6E STATE: WA
16')with 6 piles ADJ PROPERTY OWNERS: REVISED: 5 June 2003
PURPOSE: Private recreation (1) Moore, Marvin DATUM: NOS
2 Winters, Peter SHEET: 2 of 2
DEPARTMENT OF THE ARMY or
SEATTLE DISTRICT, CORPS OF ENGINEERSVr
3
P.O. BOX 3755 JUL I103
SEATTLE, WASHINGTON 98124-3755
�ae METER
OFFICIAL BUSINESS 8404378
C'ENUVe -00-RG(,-,)
Mason County
ATTN: Dept. of General Services
Post Office Box 186
Shelton, Washington 98584-0186
1
S&S&A+C�1 $6 r,t I ,{F ltt{,�1,{,{ =l�rl,tlllf�.,j,lil►�i,�ll�►Ir,l�r!{�►{rr,{{
AGENCY USE ONLY
Agency References# ; Date Received:
Other:
JARPA FORM
t a t (to?use In Watshinpton State)
PLEASE TYPE OR PRINT IN 13LUE OR BLACK INK
Based on the preceding checklist,l am sending copies of this application to the foilowing: (check all that apply)
(�) Local Government for shoreline: [—) Substanclal Development ❑ Conditional use ❑Varlance []Exemption;or,If applicable
❑ Fioodplain Management ❑ Critical areas Ordinance
Washington Department of Fish and Wildlife for HPA
_ Washington Department of Ecology: ❑ Approval to Allow Temporary Exceedance of Water Quality Standards
❑ 401 Water Quality Certification Nationwide Permit
Washington Department of Natural Resourses for. ❑ Aquatics Resources Use Authorization Notification
Corps of Engineers for: ❑ Section 404 ❑ Section 10 Permit
Coast Guard for: ❑ Section 9 Bridge Permit
SEC1 ON A•Use for all permits covered by this application. Be sure to also complete Section C(Signature Block)for all permit applicatlons.
1.APPL ICAN r
Alan Kane
MAILRJO ADDRESS
11728 No 481h Place , Kirkland WA 98033
WORK PHONE HOME PHONE FAX
if an agent/s acting for the applicant during the permit process,complete#2
2.AUT-11OR17ED AGENT
Wendell Stroud
MAILING ADDRESS
P.O. Box 336, Tacoma, WA 98401
WORK PHONE HOME PHONE FAX t
(253) 383-2740 (253)383-1102
3.RELATIONSHIPOF APPLICANT 7OPROPERTY: ®OWNER ❑ PURCHASER [-,]LESSEE OTHER:
4.NAME,ADDRESS,AND PHONE NUMBER OF PROPERTY OWNER(S),IF OTHER THAN APPLICANT:
S.LOCATION(STREET ADDRESS,INCLUDING CITY,COUNTY AND ZIP CODE,WHERE PROPOSED ACTMTY EXISTS OR WILL OCCUR:
East 7931 Highway 106, Union WA 98592
WATERBODY 7RIBUTARY OF
Hood Canal Puget Sound
114 SECTION TOWNSHIP RANGE GOVERNMENT LOT S14ORELFNE DESIGNATION
SW34 22 N 3 East ZONING DESIGNATION
TAX PARCEL NO, DNR STREAM TYPE,IF KNOWN
32234-34-00180& 32234-34-00190
AppllcoWn Page 1 of 4
B, DESCRIBE THE CURRENT USE OF THE PROPERTY,AND BiRUCTURE EXI87MJZ54 figPROPER�' PORTION OF THE PROPOSED ACTMTY IS ALREADY COMPLETED ON THIS PROPERTY.
INDICATE MONTH AND YEAR OFCOMPLETION. ''JNISI z1j,Y:.\VT •l `
� I.
Single family residence
Jd THE PROPERTY AGRICULTURAL LAND? YES NO „I•, ARE YOU A USDA PARTICIPANT7 DYES [K] NO 41'
In. DESCRIBE THE PROPOSED WORK:COMPLETE PLAIDS A14D SPECIFICAT1011S SHOULD BE PROVIDED FOR ALL WORK WATERWARD OF THE ORDINARY HIGH WATER MARK OR LItJE,114CLUD1110
TYPES OF EQUIPMENT TO BE USED.IF APPLYING FOR A SHORELINE PERMIT,ALL WORK WITHIN AND BEYOND 2W FEET OF THE ORDINARY HIGH WATER MARK.ATTACH A SEPARATE SHEET IF
ADDITIIONAL SPACE IS NEEDED.
Prbpose td bohstrudt a 6`x40'pler,4x361 h9iTlp,'8'x161 A 8'x30'float'611 to the left, and (7) "Cherrion'ltd t�eatad"piling.T`Overall,
length of dock is 901 '., j I •natritsl�sa4't:�:4
'1.'�' .il}t n , .t.' '.��' il'' :1:. .. l'> i ." � •i Intr' ..r!• ') ,n•'::.:fC�:�.'�1�,�'
. "!S'11?Lt°. �.,q° (.. ., , . .� ., .i(t „ { - ! 'L•.1' (lr�'•,I Tt!��I�r..�at"..a
. .t ��; 1, ,,. ,:/•.' .. :'•.+;t.,:l•tt1. ,,.•ll::�!! � �
I
7b. DESCRIBE THE PURPOSE OF THE PROPOSED WORK:
1 •'I.,r
,The purpose of this dock is for recreational use; fishing, swimming and
private boat moorage.
'c. DESCRIBE THE POTENTIAL IMPACTS TO CHARACTERISTICS USES OF THE WATER BUYI.THESE USES MAY INCLUDE FISH AND AQUATIC LIFE,WATER QUALITY,WATER SUPPLY,REgREATION
AND AESTHETICS.IDENTIFY PROPOSED ACTIONS TO AVOID,MINIMIZE,AND MITIGATE DLTkiMENTAL WPACTB,kb PROVIDE PROPER 0ROTECTION OFFISH AND AQUATIC LIFE. ,
. 1
1. The float may•ground at_minus tide. The design of the float will comply with WDFW grounding criteria.
2. Floatation will be permanently encapsulated.
3. Piling pfdpotdd eye%h6tli6h1te"tfdAWd. '%r ".. „ ,;•. :n ;r.n,. . .,. , . ,..
4. Care will be taken to contain all construction residue. ;,.;,.` :;�f ,�r,,,•, ;�.
5. A floating pile driver will operated for about 6 hours; it does not.go aground.., , �•__ .
1EPARATION OF DRAWINGS:SEE APPENDIX A-SAMPLE DRAWINGS AND CHECKLIST FOR COMPLETING THE DRAWINGS.ONE SET OF ORIGINAL OR GOOD QUALITYREPRODUCIBLE DRAWINGS
UST BE ATTACHED. NOTE:APPLICANTS ARE ENCOURAGED TO SUBMIT PHOTOGRAPHS OF THE PROJECT SITE,BUT THESE DO NOT SUBSTITUTE FOR DRAWINGS.THE CORPS OF ENGINEERS
VD COAST GUARD REQUIRE DRAWING ON 8-f/2 X If INCH SHEETS.LARGER DRAWINGS MAYBE REQUIRED BY OTIfER AGENCIES
Application Papa 2 of 4
8. tLL THE PROJECT BE CONSTRUCTED IN STAGES? YES Q NO
PROPOSED STARTING DATE August 1,.15, 2000
ESTIMATED DURATION OF ACfMTY: 6 day
9. CHECK IF ANY STRUCTURES WILL BE PLACED:
FXJ WATERWARD OF THE ORDINARY HIGH WATER MARK OR LINE FOR FRESH OR TIDAL WATERS.AND/OR
X WATERWARD OF MEAN HIGH WATER UNE IN TIDAL WATERS
10. WILL FILL MATERIAL(ROCK,FILL,BULKHEAD,PILING OR OTHER MATERIAL)BE PLACED:
X❑WATERWARD OF THE ORDINARY HIGH WATER MARK OR LINE FOR FRESH WATERS? IF YES,VOLUME(CUBIC YARDS) (ACRES)
X WATERWARD OF THE MEAN HIGH WATER FOR TIDAL WATERS? IF YES,VOLUME(CUBIC YARDS) (ACRES)
11. WILL MATERIAL BE PLACED IN WETLANDS? a YES r-Xl NO
IF YES:
A IMPACTED AREA IN ACRES:
B HAS A DELINEATION BEEN COMPLETED? IF YES,PLEASE SUBMIT WITH APPLICATKN. YES NO
C HAS WETLAND REPORT BEEN PREPARED?IF YES,PLEASE SUBMIT WITH APPLICATION El YES D NO
D TYPE AND COMPOSITION OF FILL MATERIAL(E.G..SAND,ETC.):
E MATERIAL SOURCE:
F LIST ALL SOIL SERIES(TYPE OF SOIL)LOCATED AT THE PROJECT SITE,&INDICATE IF THEY ARE ON THE COUNTY'S LIST OF HYDRIC SOILS,SOILS INFORMATION CAN BE
OBTAINED FROM THE NATURAL RESOURCES CONSERVATION SERVICE(NRCS):
12 WILL PROPOSED ACTIVITY CAUSE FLOORING OR DRAINING OF WETLANDS? Q YES FX-1 NO
IF YES,IMPACTED AREA IS ACRES.
13. WILL EXCAVATION OR DREDGING BE REQUIRED IN WATER OR WETLANDS? YES FX NO
A VOLUME (CUBIC YARDSVAREA (ACRES)
B COMPOSITION OF MATERIAL TO BE REMOVED:
C DISPOSAL SITE FOR EXCAVATED MATERIAL.
D METHOD OF DREDGING:
14. LIST OTHER APPLICATIONS,APPROVALS,OR CERTIFICATIONS FROM OTHER FEDERAL,STATE OR LOCAL AGENCIES FOR ANY STRUCTURES,CONSTRUCTION,DISCHARGES,OR
OTHER ACTIVITIES DESCRIBED IN THE APPLICATION(I.E.,PRELIMINARY PLAT APPROVAL,HEALTH DISTRICT APPROVAL,BUILDING PERMIT,SEPA REVIEW,FERC LICENSE,FOREST
PRACTICES APPLICATION, ETC.) ALSO INDICATE WHETHER WORK HAD BEEN COMPLETED AND INDICATE ALL EXISTING WORK ON DRAWINGS.
TYPE OF APPROVAL ISSUING AGENCY IDENTIFICATION NO. DATE OF APPLICATION DATE APPROVED COMPLETED?
SSD Mason County
HPA WDFW
Corps of Engineers
SEPA LEAD AGENCY: Mason County SEPA DECISION: SEPA DECISION DATE:
15. HAS AGENCY DENIED APPROVAL FOR THE ACTIVITY DESCRIBED HEREIN OF FOR ANY ACTIVITY DIRECTLY RELATED TO THE ACTIVITY DESCRIBED
HEREIN? YES ❑X NO IF YES,EXPLAIN:
Application Page 3 of
SECTION B-Use for Shoreline and Corps of engineers permits only:
's
16. TOTAL COST OF PROJECT. THIS MEANS THE FAIR VALUE OF THE PROJECT,INCLUDING MATERIALS,LABOR,MACHINE RENTALS,ETC.
$31,000
17. LOCAL GOVERNMENT WITH JURISDICTION
Mason County
18, FOR CORPS,COAST GUARD,AND DNR PERMITS,PROVIDE NAMES,ADDRESSES,AND TELEPHONE NUMBERS OF ADJOINING PROPERTY OWNERS,LESSEES,ETC.
PLEASE NOTE. SHORELISlE MANAGEMENT COMPUANCE MAY REOUiRE ADDITIONAL NOTICE-CONSULT YOUR LOCAL GOVERNMENT.
NAME ADDRESS PHONE NUMBER
Moore, Marvin Ken=a St. , Port Orchard
Winters, Peter 1211 East Newton, Seattle WA 98102-4103
SECTION C-This section MUST be completed for any permit covered by this application
19, APPLICATION IS HEREBY MADE FOR A PERMIT OR PERMITS TO AUTHORIZE THE ACTIVITIES DESCRIBED HEREIN. I CERTIFY THAT I AM FAMILIAR WITH THE
INFORMATION CONTAINED IN THIS APPLICATION,AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF,SUCH INFORMATION is TRUE,COMPLETE,AND
ACCURATE. I FURTHER CERTIFY THAT I POSSESS THE AUTHORITY TO UNDERTAKE THE PROPOSED ACTIVITIES. I HEREBY GRANT TO THE AGENCIES TO WHICH
THIS APPLICATIP14 IN MADE,THE RIG TTCF R THE ABOVE-DESCRIBED LOCATION TO INSPECT THE PROPOSED,IN-PROGRESS OR COMPLETED WORK. I
AGREE TO ST WORK ONLY AF R AL1_7`HENECESSARY PERMITS HAVE BEEN RECEIVED.
SIGNATUpt,6FAPPLIC(APT OR A T DATE
I HEREBY DESIGNATE Wendell Stroud
TO ACT AS MY AGENT IN MATTERS RELATED TO THIS APPLICATION FOR PERMIT(S) I UNDERSTAND THAT IF A FEDERAL PERMIT IS ISSUED.
I MUST SIGN THE PERMIT
3 7 oa
SIGNATURE OF APPLICAl' DATE
SIGNATURE OF LANDOWNER xCEPT PUBLIC ENTITY LANDOWNERS,E.G.DNR) DATE
-3L710 0
THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND THE AGENT,IF AN AUTHORIZED AGENT IS DESIGNATED.
18 U.S.C. 1001 provided that Whoever,in any manner within the jurisdiction or 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 of makes or used any false writing or document knowing same to contain any false,fictitious
or fraudulent statement of entry,shall be fined not more than$10,000 or imprisoned not more that 5 years or both.
COMPLETED BY LOCAL OFFICIAL
A. Nature of the existing shoreline. (Describe type of shoreline, such as marine, stream, lake, lagoon, marsh, bog, swamp,
flood, plain, floodway, delta; type of beach, such as accretion, erosion, high bank, low bank, or dike; material such as sand,
gravel, mud, clay, rock, riprap; and extent and type of bulkheading, if any:)
B. In the event that any of the proposed buildings or structures will exceed a height of thirty-five feet above the average grade
level, indicate the approximate location of and number of residential units, existing and potential, that will have an obstructed
view.
C. If the application involves a conditions use or variance, set forth in full that the position of the master program which
provides that the proposed use may be a conditional use, or, in the case of a variance, from which the variance is being
sought
These Agencies are Equal Opportunity and Affirmative Action employees.
For special accommodation needs,please contact the appropriate agency from Appendix B
Application Page 4 of 4
OWNER/APPLICANT AGREEMENT
The undersigned is owner(s) of record of property identified by the Mason
County Assessor's Account Number 32234-34-00180 located at
East 7931 Highway 106, Union, WA
The undersigned hereby give consent and approval to an application for a
Shoreline Substantial Development Permit of the land referenced above as initiated
by
Wendell Stroud
acting for the undersigned.
`3 Gc3 7 0 0
Owner of Record Date Owner of Record Date
STATE OF WASHINGTON )
, ) SS.
COUNTY OF I+mm4 r )
On this Tth day of ah N,f� , 19, , before me, the undersigned, a
Notary Public in and for the State of Washington duly commissioned and sworn, personally appeared
� �, I<k4iy -to- I�10/"72?f� � kW N(-r—
to me known as the individual (s)described in and who executed the foregoing instrument, and
acknowledged to me that they signed and sealed the said instrument, as their free and voluntary act and
deed of said corporation for the uses and purposes therein mentioned, and on oath stated that__f-he�[
w (ter-ems authorized to execute said instrument.
WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year in this certificate above
written. The 7�t day of ` yl&'t&f"v
BEVERLY A. ULisjte
NOTARY PUBLIC otary Public to and for the State of Washington
STATE OF WASHINGTON esiding at
IPA
COMMISSION EXP RES
OCTOBER 1. 2002
sTAT.o� I V E C
4 RECE
c = Y
SEP 2 8 2111
ia n*
a°Y
State of Washington MCCD - PLANNING
DEPARTMENT OF FISH AND WILDLIFE
Region 6 Office:48 Devonshire Road-Montesano,Washington 98563-9618-(360)249-4628
September 26, 2001
Alan Kane
11728 Northeast 481h Place
Kirkland, WA 98033
Dear Mr. Kane:
SUBJECT: Request for Information; Construction of a New Ramp and Floats, Hood
Canal, Tributary to Puget Sound, Kitsap County, WRIA 15.MARI
A revised Joint Aquatic Resource Permit Application form and drawings was received by
Washington Department of Fish and Wildlife (WDFW) on July 24, 2001. The overall length for
the proposed dock was shortened from 90 feet to 57 feet to migrate potential adverse impacts to
the eelgrass bed.
A Memorandum of Agreement between WDFW,National Marine Fisheries Service (NMFS) and
U.S. Fish and Wildlife Service (USFWS) dated September 1999 requires WDFW to confer with
NMFS and/or the USFWS as appropriate, prior to approving or denying the Hydraulic Project
Approval for a proposed project occurring in an area with a Federally proposed or listed fish or
shellfish species or its habitat. Notification and review is required when eelgrass or other
significant aquatic vegetation would be impacted.
It appears from the plan and the site review conducted August 16, 2001 by WDFW that the
proposed dock will not be constructed within 10 feet of the eelgrass bed. However, WDFW and
the Services are concerned about the potential adverse impacts to the eelgrass bed from prop
wash. To protect the eelgrass bed from the impacts of prop wash,the eelgrass bed should
covered with 5-6 feet of water. Amy Leitman, qualified diver/biologist, conducted an
eelgrass/macroalgae habitat survey this summer at your location. In order to determine if the
proposed dock design will avoid adverse impacts, please send a drawing indicating the elevation
and location of the inner and outer boundary eelgrass bed (MLLW) from the habitat survey.
In addition, the first plan submitted included a 40 foot-long pier, 36 foot-long ramp and one 8
foot-wide by 16 foot-long float. The revised plan submitted includes a 32 foot-long ramp and
two 8 foot-wide by 16 foot-long floats. Float systems which ground at moderate tides can
hinder migration of juvenile salmonids along the shoreline. Juvenile salmonids migrate in very
shallow water during early spring to avoid predators. Structures on the shoreline can force these
fish into deeper water and increase predation.
Mr. Kane
September 26, 2001
Page 2
Float structures can also impede movement of beach material (littoral drift) essential to spawning
habitat for forage fish (e.g. surf smelt) and adversely affect beach habitat conditions for fish life
including shellfish. The higher on the beach the structure, the more pronounced the effect
appears.
In order to address these impacts, we recommend the installation of one float as originally
proposed be considered.
If WDFW and the Services determine that the proposed dock will not mitigate potential adverse
impacts to fish resources, WDFW will be unable to issue a Hydraulic Project Approval (HPA)
for the project as proposed.
Thank you for the opportunity to provide this information. If you have any questions, please
contact me at(360)895-6123
Sincerely,
Randi L. Thurston jvv(�
Area Habitat Biologist
RLT:rlt:E5436.03G �
cc: Wendell Stroud, Marine Floats
Rachel Friedman,NMFS —
Tim Romanski, USFWS
Lori Morris, USACE
Shoreline Planner, Mason County Community � �D► . pea