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Home My WebLink AboutBLD2004-01225 Army Engineers Letter of Permission - BLD Letters / Memos - 8/28/2004 DEPARTMENT OF THE ARMY TO BE KEPT IN THE SEATTLE DISTRICT,CORPS OF ENGINEERS P.O.BOX PARCEL FILE SEATTLE,WASHINGNGTON ON 98124-3755 REPLY TO ATTENTION OF RECEIVED Regulatory Branch AUG 2 8 2004 426 W. CEDAR ST., Mr. Geoffrey and Mrs. Wendy Hill Mr. Kim and Ms. Lynda Anardi t C7 PNB 344. Suite G 23969 Northeast State Route 3 Belfair, Washington 98528 Reference: 200301120 Hill, Geoffrey& Wendy and Kim Anardi Dear Mr.&Mrs. Hill and Mr. &Ms. Anardi: 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 construct a joint use 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 near Tahuya, Mason County, Washington. The purpose of the proposed project is to provide access for private recreation for two existing residences. We have assigned your permit Reference Number 200301120. Please include this reference number in all future correspondence with us concerning this permit. Your authorization to conduct the proposed work under this LOP is contingent upon you conducting the work as shown in the enclosed drawings dated September 24, 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 Hill &Anardi Joint Use Pier, Ramp, and Float Project, dated September 1, 2003, in its entirety. The U.S. Fish and Wildlife Service (USFWS) concurred with a finding of"may affect, not likely to adversely affect"based on this document on August 16, 2004, (USFWS Reference Number 1-3-04-I-0932). The National Marine Fisheries Service (NMFS) concurred with a finding of"may affect, not likely to adversely affect"based on this document on May 21, 2004, (NMFS Reference Number HUC 17110018). 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 (Corps)permit. The USFWS/NMFS is the appropriate authority to determine compliance with ESA. -2- b. A copy of this permit, permit drawings, mitigation planting plan (if applicable), final authorization letter, and joint-use agreement shall be recorded with the Registrar of Deeds and proof provided to the Corps, within 60 days after final Corps authorization, to ensure that subsequent property owners are aware of the construction, use, and mitigation requirements. As this authorization is for a joint-use pier, all co-applicants must voluntarily agree to build no additional overwater structures on their property, except for the maintenance or modification of the joint-use overwater structure. This voluntary agreement and the documentation described above must be recorded on the deeds of all involved properties. c. In order to protect chinook salmon, bull trout, forage fish and wintering eagles, 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. Please be reminded that Special Condition"a", "b" and "c" of your permit requires that you implement and abide by the ESA requirements and/or agreements set forth in the Biological Evaluation (BE) for this project. In particular, note that the BE requires that you: implement the shoreline planting plan, monitor and submit monitoring reports on the planted area to the Corps and Services annually for a period of 5 years, and record the location and description of the planting area on your deed. Failure to comply with the commitments made in the BE constitutes non-compliance with the ESA and your Corps permit. Your authorization to conduct the proposed work under this permit expires AUG 2 4 20 . 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. 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 Endangered Species Act (ESA). After consulting with the NMFS and/or USFWS, we have determined that this project will meet the requirements of the ESA provided you comply with special condition"a" 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 1116, and determined that the proposed action will not adversely affect Essential Fish Habitat for federally managed fisheries in Washington. -3- 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 Substantial Development 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 for a 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..zov/programs/sea/pac% 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. We are interested in your thoughts and opinions concerning your experience with the U.S. Army Corps of Engineers, Seattle District's Regulatory Program. Please complete a Customer Service Survey form. The form is available on our website at: http://per2.nwp.usace.anny.mil/survey.html. At your request, we will mail you a paper copy that you may complete and return to us by mail or fax. A copy of this letter with enclosures is being furnished to Marine Surveys and Assessments, Ms. Amy Leitman, 521 Snagstead Way, Port Townsend, Washington 98368. If you have any questions about this letter or our regulatory program,please contact Olivia Romano, Project Manager, at telephone (206) 764-6960 or via e-mail Olivia.H.Romano(onws02.usace.army.mil. BY AUTHORITY OF THE SECRETARY OF THE ARMY: Debra M. Lewi Colonel, Corp of Engin rs District Engine r Enclosures i -4- cc: USFWS ECOLOGY DNR LOCAL GOVERNMEND Compliance File r 123°05,0001 IN 123002.000' W WGS84 122058.0001 W 1!\ L 1� �,} r�ti++' _ ..:•-1.r'� y a�.. "`F, f" { --i•_: 1 4y 4 a T» _ t �'V'.. ♦ f '�' ��y j ^rr /�'p►1•,.Q� 'r r— ! 1. ♦ J err_ '•�+e-. r 66 al f} — o O vf)H 7 Locke H WAnardi Project Site ✓' •—.�'=.�, - ��_ `� �• ,"` �,•��—.,��• U5. it t: ! r i_ VVT- ¢ WIC STAVE '�~ - LIFE 'REG•AREA kyll wa*z r f"ti i r ,_! Corxcvf f + T815{f -.4 7._ Reference:Hill/Anardi O 1 "" ' kti ~`+�- �� r� ' ; ' App:Marine Surveys and Assessments O O f t---ter` { �` ~' In:Hood Canal n O ti �... , _.�__ ear Belfair O } ,. �` ./ 3Y Purpose: Recreational use of joint pier,ramp __v .r �...' - _ _.... �- ! &float ,-4 - `t ., + f . J ... S!lU�'110^� Cr Datum:MLLW ,► ^';' } �,..�_ , Adjacent Property Owners: o 1) Douglas&Beverly Bellle d- �11 �r. 2) Marshall&Christine Foerster •' _--- J�=w, "�, �vx 3 Ell 1 . r „ ti5 r �' / Sheet 1 of 5 Date:24 September 2003 123°05.000' W 123°02,000' VV WGSE34 122°58,000' W TN 0 1 2 3 4 miles f p 1 2 3 4 5 6 7 km uer �'/ ' /` -;.^\`•11G59�� : ,.lt '1 �' LV t,� �� ``�� .�.•.. ✓� f��. `� I'\`S:,��/ �/ �r a _-- "�'S..4i��Y��fit, + Tahuy __._ _. .. .�< (r } ?, ):,,. ''e� e k r J5,` � �'��'3A��Y a i�`;`y � i ..• +''it �` � "_�i?" .1�f �,:. 21 x y�, } � � vex" .�i - I ff ,{• fy V ✓�t$ & a� S1�f@iS: floicctsite NPoint's S %• �' ri �.. � .'/.�Er 4��'E'1 A 6�4j�•c P x S' 3.,2 i,�� ; � } �J4�'� Reference:HilUAnardi ++ App:Marine Surveys and Assessments "fit In:Hood Canal near Belfair Purpose: Recreational use of joint pier,ramp ,�* r F �t &float - Datum:MLLW Adjacent Property Owners: HilUAnardi Project Location: 1) Douglas&Beverly Bell A 2) Marshall&Christine Foerster Section 35 �.� .K ,;-• ''"'� i ,T ownsh ip 22N,Range 03W _ 12403& 12401 North Shore Rd.Belfair,WA Sheet 2 of Date:24 September 2003 _ 1 •�-- Lat N 4T°21 b0- Long:W 1 173 Scale: 1 inch equals 1666 feet Copyright(C)1997,Maptech,Inc. I - Reference: HillfAnardi App:Marine Surveys and Assessments In:Hood Canal near Belfair Purpose: Recreational use of joint pier,ramp &float II i Tlgir q;SAT i W i Adjacent Property Owners: 1) Douglas&Beverly Bell 2) Marshall&Christine Foerster c 0<:,.3 01 1---C) Sheet 3 of.6 Date:24 September 2003 PROPERTY PROPERTY i`--LINE i LINE I I ' ' 1 I I � 1 n t II 0' 10' 20' I ANARDI I C co I N r HILL , I CD x I � I > Bulkhead 9 � 1 o 0e xxxxx ❑ o n t 75'to Bulkhead Proposed location I IvIIIIiW 230'to a C a marine fol the pier,ramp pier,ramp railway and float and float v 9 1 189, 120' 0 m b ti o" 0 N Reference:HilliAnardi App:Marine Surveys and Assessments In:Hood Canal near Belfair Purpose: Recreational use of joint pier,ramp &float Datum:MLLW Adjacent Property Owners: 1) Douglas&Beverly Bell 2) Marshall&Christine Foerster 11 Sheet 4 of.5 Date:24 September 2003 J PROPERTY ° PROPERTY �— LINE LINE r r HILL ANARDI ►� Existing fir and madrona trees b iv Red-Osier Dogwood Hairy Manzanita I M (Cornus stolonifera) (Arctostaphylos Bulkhead 10 Columbiana) t c 9 p o XXXXX D C Mountain Ash Oregon Grape Bulkhead Hooker Willow Location of (Sorbus sitchensis) (Mahonia aquifolium) (Salix hookeriana) proposed joint-use MHHW pier,ramp " and float t The areas planted with native w NORTH vegetation will be maintained in a natural state for the life w of the pier,tamp and float i 1 ro �---- 189, 0 I N Materials: Reference:Hill/Anardi 14 ACZA treated class B Doug fir, App:Marine Surveys and Assessments Pilings g , In:Hood Canal near Belfair &3 stub pilings. Purpose: Recreational use of joint pier,ramp Floats:3 ACZA framing lumber,flotation is &float polystyrene foam enclosed in polyethylene Datum:MLLW resin shells Adjacent Property Owners: Pier:ACZA framing lumber,galvanized 1) Douglas&Beverly Bell fastenings 2) Marshall&Christine Foerster Ramp:prefabricated aluminum '�)n0 3 0J 1 Construction and site details are contained in Sheet'$of 5 Date:24 September 2003 the project Biological Evaluation G' float 6 by 67 NORTH 4'by 40' 6'by g' pier ramp float stub z pilings Float stops 'KID on all float pilings 2-wide giating 1 I I 115' I I I q r 3-----MNNK/ �g� 10' —___ MEW 10.9' Stub piling ——--— I of 3 MLLW 0.0'