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Home My WebLink AboutDOA Approval for BLD2000-00928 - BLD Letters / Memos - 8/23/2001 i I DEPARTMENT OF THE ARMY SEATTLE DISTRICT,CORPS OF ENGINEERS P.O.BOX 3755 L� O `! SEATTLE,WASHINGTON 98124 3755 I- I'-� REPLY TO ATTENTION OF AUGB 2 A All 2 3 2001 `y 2��1 Regulatory Branch A. C. COMMUNITY DEUELOPMc"IT Montana Reach, Inc. ATTN: Jerry Vermillion 10237 Kiwa Drive Southeast Olympia, Washington 98513 Reference: 1999-1-00931 Montana Reach, Inc. Dear Mr. Vermillion: You are hereby authorized to install a pier, ramp and float in Hood Canal at 8371 East Highway 106 near Union, Mason County, Washington. The purpose of the work is to provide private recreation. The work must be performed as depicted on the enclosed drawings (enclosure 1), and you must meet the enclosed conditions (enclosure 2). Please pay particular attention to "Special Conditions" a. through o. We have reviewed your application for a Department of the Army 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 lengthier public notice procedures. Please note the conditions and limitations contained in enclosure 2. Read them carefully. II The U.S. Army Corps of Engineers (Corps) began a new appeals process for our Regulatory program on March 9, 1999. For more information on how it may apply to your project, see enclosure 3. You should also be aware that any changes in the location or plans for this work will require submittal of a revised drawing to this office, and our written approval, prior to accomplishment. If piling are to be used for your project, we recommend the use of steel or concrete piling. 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 Southwest Regional Spill Response Office at (360) 407-6300. 2 While you need no further authorization from us, 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 that they have a right to attach nets to piers, docks, wharves, and other structures authorized by Department of the Army permits. BY AUTHORITY OF THE SECRETARY OF THE ARMY: NJ if . -I�alph H. Graves Colonel, Corps of Engineers District Engineer Enclosures cc: INTERIOR NOAA DNR STATE COORDINATOR LOCAL GOVERNMENT Compliance File ,F> _ �•— F r I Y 1 t 1 1 '1 • �`.� •,e —/ I� 1 �III rM rT N �•'•' Sri 1 4 f JMNr l Xf •• I (NI ! JKII, 7 �u ..+.,,•i� I e7 I,err •'\I ,.,( i � � �—�—� t•. ..e �' � -_� 1 -yam^ ~�� Ida �� I (rI I t �� •��,'= I i (,:. •� +• ,. I 32 �3 7. i r _. I r^� Is fen' boo - T 1 �•'#. ---- y✓rd I •awl 3 tnr � I t • -1 . '1 r...•• rrr 4 `� 7Cp 1 rf•..ua tl,Ir u117 ! 1$ �If' ! • I 21 `ttT t I • 1 l•n a.:� M••H•fIt I... I • � Ejrf1 J e I � � �A I I •'�, �+ � siin Mn•.w• T , 11 I I �(rf a 11CW •a r rr> G • l^!!!—_ �i— N Q 5 t •� � f I. r•nO1N I , lc I I. IT06•r0 It 1j _ J7{•' 0 0 I �% I r1c i •r.i l•as s�i-• • I .11. I r N r f ts:a , I I7r 4 r 0 f N 0 •31 — TVA.0. •, " li+i " • �` .w • i ' ►Orl&iC" STATE SWEr&art r--- —————— Ioa s. I 122I 9 ! 1 1 S-- r t •" 10 AN N I S CJ'r; :•..•. I '�� `II,• I I I ti ,I o...r JOB SITE VICINITY MAP/NO SCALE LEGAL DESCRIPTION 1/4 SEC: 34-22N-03W TAXLOT #: 342203-9001 GOVERNMENT LOT 1, SECTION 34, TOWNSHIP 22 NORTH, RANGE 3 WEST, W.M., MASON COUNTY, WASHINGTON. EXCEPTING THEREFROM STATE HIGHWAY LAT: 47'-21'-00" LONG: 123'-02'-15" REFERENCE: 1999-1-00931 LOCATION: 8731 E. Hwy 106 COUNTY/STATE: Mason,WA Montana Reach, Inc Longitude: 1230 02' 15" WATERWAY: Hood Canal PROPOSED: Install pier,ramp and float Latitude: 470 21'00" DATE: 22 Feb 2000 PURPOSE: Private recreation SE%Sec. 34,T.22N, R.3W DATUM: NOS PAGE: 1 OF 5 -- -64' -- 43'— 8 • FLOATING - - PIER — GLU—LAM 10" TREATED 8X 10 BEAMS WOOD PILES 4' RAMP - 6' CAPS 45' PLAN EXISTING 12'-13' PLAN VIEW BULKHEAD� � 344 SQ FT WOOD HAND RAILS FLOAT (SEE SECTION SHEET RAMP A FOR DETAIL) 11.8' BEACH GRADE 10" TREATED W WOOD PILING —3.7 1 2't ELEVATION VIEW 14'± FIXED PIER TO BE 64' X 6' WITH A 4' X 45' RAMP DOWN TO AN 8" X 40' FLOATING PIER. ALL PILING SCALE: 1 "-1 6' TREATED WITH ACZA (CHEMONITE) AND DRIVEN @ 10,000 LBS. TO PRACTICAL REFUSAL. ALL CAPS & GLU—LAM BEAMS TO BE TREATED WITH ACZA (CHEMONITE) REFERENCE: 1999-1-00931 LOCATION: 8731 E. Hwy 106 COUNTY/STATE: Mason,WA Montana Reach, Inc Longitude: 1230 02' 15" WATERWAY: Hood Canal PROPOSED: Install pier, ramp and float Latitude: 47'21'00" DATE: 22 Feb 2000 PURPOSE: Private recreation SE '/.Sec. 34, T. 22N, R. 3W DATUM: NOS PAGE: 2 OF 5 1 CONDITIONS FOR LETTERS OF PERMISSION General Conditions: 1. The time limit for completing the work authorized ends on 2 2004 If you find that you need more time to complete the authorized activity, sub- mit 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 acti- vity 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 archeological remains while accomplishing the! activity authorized by this permit, you must immedi- ately 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 a;cees 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 eater 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 cer- tification is attached 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: I. The term "you" and its derivatives, as used in this permit, means the permitter• or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. R(AR/3d6 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal , State, or local authorizations 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 pro— posed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Govern— ment does not assume any liability for the following: a. Damage to the permitted project or uses thereof as a result of ogler 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 to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted wort_ 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 issu— ance 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 its 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 �- above ). C. Significant new information surfaces which this offlr_� 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 =n 33 C'FR 325.7 or enforcement procedures such as those contained in 33 CFR 126.4 and 326 .5. The referenced enforcement procedures provide for thr issuance of an 2 administrative order requiring you to comply with the terms and 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, Vermillion Pier, Ramp and Float Project, Corps of Engineers File # 1999-1-00931, Montana Reach, Inc. approved by the Corps on 19 December 2000, in their entirety. The U.S. Fish and Wildlife Service concurred with a finding of "may affect, not likely to adversely affect" based on this document on July 19, 2001 (USFWS Reference Number 1-3-01-I-0487) . The National Marine Fisheries Service concurred with a finding of "may affect, not likely to adversely affect" based on this document on August 9, 2001 (NMFS Reference Number WSB-00-568) . 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. Construction activity authorized by this Department of the Army permit shall only occur from July 16 through September 1 of any year to avoid impacts to species that may occur in the project vicinity and are protected under the ESA. No work authorized by this permit shall occur from September 2 through July 15 of any year. C. Prior to installation of ACZA-treated piling, the piling must be soaked in fresh water for a period of at least two weeks, or must be stored outdoors for more than a year in order for rainwater to dissipate leachate. d. Pile-driving activity will be limited to 10 August through 1 September of any year to allow sufficient time for stragglers of various species to leave the action area. e. You must provide a copy of the letter of permission and drawings to all contractors performing any of the authorized work. f. Your use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. g. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or 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, the permittee 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. h. You must install and maintain, at your own expense, any safety lights, signals and/or other markings on piling prescribed by the United States Coast Guard (USCG) , through regulations or otherwise, on your authorized facilities. i. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. j . Skirting is prohibited around the pier unless specifically authorized by a permit. 3 k. All construction debris shall be properly disposed of on land in such a manner that it cannot enter into the waterway or cause water quality degradation (Section 13, Rivers and Harbors Act) . 1. Work in or near the waterway shall be done so as to minimize turbidity, erosion, and other water quality impacts. M. All piling and lumber treated with protective material shall be completely dry before use in or near the waterway. The Department of Ecology discourages the use of toxic wood preserves and recommends that concrete, steel, plastic, or less- toxic wood piling be used. n. All construction debris shall be properly disposed of on land in such a manner that it cannot enter into the waterway or cause water quality degradation to State waters. o. To avoid adverse impacts to bottom organisms, no more than 20 percent of the area of a float shall be allowed to ground on the substrate. 4 DEPARTMENT OF THE ARMY _ SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE,WASHINGTON 98124-3755 REPLY TO 3 O 1999 ATTENTION OF NOVII 1 Regulatory Branch Mr. Jerry Vermillion Montana Reach, Inc. 10237 Kiwa Drive Southeast Olympia, Washington 9$513 Reference: 1999-1-00931 Montana Reach, Inc. Dear Mr. Vermillion: We have received your request for Department of the Army (DA) permit to installl a new 8- by 20-foot float with anchor system within Hood Canal, near Union, Mason County, Washington, (sec. 34, T. 22N., R. 3W.). I will be the project manager for this project to which we have assigned the File Number 1999-1-00931. Please cite this number in any correspondence with us concerning this project. I have completed a preliminary review of the application and need additional information. Please provide a map of existing conditions, including where the lind bf mean higher high water (MHHW) falls on the shoreline. The MHHW is elevation 11.84 in this area (enclosure 1). Please include this elevation on all other drawings submitted for this project. In addition, please send drawings of the proposed float,'the dimensions of each feature of the float, and indicate how far from shore this structure will be placed. A plan and section view map of the proposed float is needed. including the depth of the water where the float will be laced, length of chain to secure the float, and a drawing of the concrete anchor blocks. Tease indicate an estimate of fill needed for placement of the concrete anchor blocks. If your ` proposed project has been modified during other permitting processes i.e., Mason P P P j g P g p (� County., Washington,;Department of Fish and Wildlife, etc.) please include those revisions with your submittal. Please ensure that each drawing has a north arrow, a scale, the line of MHHW, and is completed on 8-1/2 by 11-inch paper. All drawings should be easily reproduced. During the process of coming to a permit decision, the U.S. Army Corps of Engineers (Corps) must assure that pertinent concerns, policies, goals, and requirements contained in several Federal statutes have been considered and followed. The Endangered Species Act (ESA) is one such Federal statute. The ESA requires that Federal agencies take action as necessary to ensure that they do not authorize, fund, or carry out actions that are likely to -2- jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of critical habitat for such species [33 CFR 320.3(i), 33 CFR 320.40)(4), 50 CFR Part 17, and 50 CFR Part 402]. Under our program, permit applications are reviewed for the potential impact on threatened and endangered species pursuant to Section 7 of the ESA, as amended. We must evaluate information on the presence of listed species (including timing and life stages), habitat for such species or their prey sources, and other parameters. To expedite the review of your application, we encourage you to submit any information you may have about the project site and/or construction techniques. Enclosed is a list of requested information that would greatly assist us in reviewing your application (enclosure 2). In the Hood Canal area where you are proposing to complete work, bald eagle, Hood _ Canal summer chum, and Coastal/Puget Sound bull trout are listed as threatened species under the ESA. All of these species are known to occur within the project area. We will be evaluating the impacts of your project on these species and suggest that you provide this additional information if you can. Please tell me if you plan to submit the requested information or collect the information and write a biological document yourself. If you elect not to provide this additional information, and do not write a biological document for the proposed work, the Corps' Regulatory Branch will collect this information and I may contact you in the future to clarify project details. I must perform this review for the majority of applications I receive, so I request your patience as I attempt to serve all applicants in as timely and equitable a manner as possible. We will process your application as quickly as possible. However, you must actively , pursue gathering the requested information. We will cancel your application if no additional information is received within 30 days from the date of this letter. If you have questions, you may -y contact a.,t me at telephone (206) 764 6909. Sincerely, Lori Morris Project Manager Enclosure June 25, 1999 Enclosure 2 ADDITIONAL INFORMATION NECESSARY TO EXPEDITE ENDANGERED SPECIES ACT REVIEW Under the Endangered Species Act, the Corps must evaluate the potential impacts of the proposal to listed and proposed species and their critical habitat before we can reach a permit decision. The following information will help the Corps' assessment of the impacts of the proposed work on fish and their habitat. Marine/Estuarine Environment: 1. Description of substrate to be dredged, filled, moved, and/or stockpiled onto, or built over (e.g., mud, sand, gravel, cobble, bedrock, other). 2. Distribution of eelgrass and macroalgae (preferably by underwater survey) in the project area. 3. Species and distribution of vegetation along banks on the applicant's property, including any intertidal vascular plants (e.g., pickleweed). 4. Construction techniques a. Excavation area, even if reestablished after construction. b. Equipment to be used, such as backhoe or clam shell. c. Describe method to access work area (e.g., barge mounted or route by land), including new access roads required. d. Describe sediment control methods. 5. Photographs of the project site: Overall view from one end parallel to the shoreline and one or more photos of the substrate at low tide. 6. Forage fish spawning areas present? Salmonid rearing or migration areas present? (Can check with WDFW staff or data base.) 7. Description of proposed project elements that are in the action area but not in waters of the U.S., including removal of vegetation, creation of impervious surfaces; and proposed work timing. (Under ESA, the action area is "all areas to be affected directly or indirectly by the [work allowed by Federal permit] and not merely the immediate area involved in the action.") Freshwater Environment: 1. Description of substrate to be dredged, filled, moved, and/or stockpiled onto, or built over (e.g., mud, sand, gravel, cobble, bedrock, other). 2. Species and distribution of riparian, emergent, and submerged aquatic vegetation in the project area. 3. Description of existing natural structure in the water (e.g., logs, rocks, overhanging bank, shallow slope bank), including number, size, etc. 4. Construction techniques a. Excavation area, even if reestablished after construction. b. Equipment to be used, such as backhoe or clam shell. -2- c. Describe method to access work area (e.g., barge mounted or route by land), including new access roads required. d. Describe sediment control methods. 5. Salmonid or bull trout spawning areas or habitat present? (Can check with WDFW staff or data base.) a. area of stream basin above project (square miles or kilometers). b. type of stream (perennial or intermittent). 6. Photographs of the project site parallel to shoreline showing the water and land. 7. Description of proposed project elements that are in the action area but not in waters of the U.S., including removal of vegetation, creation of impervious surfaces; and proposed work timing. (Under ESA, the action area is "all areas to be affected directly or indirectly by the [work allowed by Federal permit] and not merely the immediate area involved in the action.") l I