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Home My WebLink AboutArmy Engineers Letter of Permission - PLN General - 9/8/2017 DEPARTMENT OF THE ARMY SEATTLE DISTRICT,CORPS OF ENGINEERS P.O.BOX 3755 SEATTLE,WASHINGTON 98424-3766 REPLY TO S ATTENTION OF EP 0 8 2017 Regulatory Branch Mr. James and Ms. Joan Hunter ,/ Hunter Family Farm LTD Partnership I / q h . 9 fy o Sj t0141. 9 U Reference: NWS-2015-239 Hunter Family Farm LTD Partnership Dear Mr. and Ms. Hunter: We have completed our review of your application for a Department of the Army permit to construct a joint-use pier,ramp, and float in Hood Canal at Union, Pierce County, Washington. Based on the information you provided to us,we have determined that Regional General Permit (RGP) 6,for Structures in Inland Marine Waters of Washington State, authorizes your proposal as depicted on the enclosed drawings dated January 21, 2016. In order for this RGP authorization to be valid, you must ensure that the work is performed in accordance with the requirements and specifications listed in the RGP, in particular those listed in Appendix A of the RGP. In order for this RGP to be valid,you must ensure that the work is performed in accordance with the following special conditions: a. In order to meet the requirements of the Endangered Species Act and protect Puget Sound salmonids, Coastal-Puget Sound bull trout, and their prey(surf smelt)you may conduct the authorized in-water activities from July 16 through September 14 in any year this permit is valid. If you wish to conduct in-water work from September 15 through February 15, you must,prior to construction, have a qualified biologist confirm, in writing, that no surf smelt are spawning in the area. If a Washington Department of Fish and Wildlife(WDFW) Habitat Biologist has volunteered to conduct a survey as part of the Hydraulic Project Approval,this survey may be submitted to the U.S. Army Corps of Engineers(Corps). The letter or memorandum from the qualified biologist or the WDFW Habitat Biologist must include the date of the inspection, the surf smelt findings,and must be provided to the Corps, Seattle District, Regulatory Branch, FAX (206) 764-6602 (or via email to jason.t.sweeney@usace.army.mil),prior to construction. Address the letter or memorandum to Mr. Jason Sweeney and include reference number NWS-2015-239. If the qualified biologist or WDFW Habitat Biologist confirms that no surf smelt are spawning in the project area, you have one week from the date of the inspection to 2081291 Page 2 of 12 09/25/2017 12:50:58 PM Mason County, WA -2- complete all work below mean high water. You shall not conduct any in-water activities authorized by this permit from February 16 through July 15 in any year. b. In order to meet the requirements of the Endangered Species Act(ESA)programmatic consultation for Structures in Inland Marine Waters of Washington State(National Marine Fisheries Reference Number WCR-2016-4361; U.S. Fish and Wildlife Service Reference Number 01EWFW00-2016-F-0565), you must comply with the conditions included in your application and drawings dated January 21, 2016, in their entirety. If you cannot comply with the terms and conditions of this programmatic consultation and electronic approval, you must, prior to commencing construction, contact the U.S. Army Corps of Engineers, Seattle District, Regulatory Branch for an individual consultation in accordance with the requirements of the ESA and/or the Magnuson-Stevens Fishery Conservation and Management Act. c. You shall implement and abide by the Mitigation Plan for Hunter Family Farm and James &.loan Hunter Joint-use Pier, Ramp, and Float Project NWS-2015-239 dated August 28, 2017. Mitigation shall be implemented before or concurrent with the work authorized by the permit. An as-built report and photographs demonstrating mitigation has been implemented must be submitted to the U.S. Army Corps of Engineers, Seattle District, Regulatory Branch,within 12 months from the date of construction completion. You can meet this reporting requirement by completing and submitting the enclosed Report for Mitigation Work Completion form. d. To insure that light transmission is not impacted, grating must not be covered with or blocked by any objects, such as, but not limited to,buildings,planters, storage sheds or boxes, nets, carpets, boards, tables, lawn furniture, kayaks, SUPs, or utility conduits or boxes. General Condition 3, Deed Restriction, requires that a copy of this verification letter,permit drawings, mitigation plan is recorded with the local government within 60 days from the date of this letter. You must submit proof of the deed restriction to the U.S. Army Corps of Engineers (Corps) within 65 days from the date of this letter. Please remember that a report on mitigation completion or a status report must be submitted to the Corps within 12 months from the date of this letter. We recommend that you complete and submit a Status Report.for Mitigation Work Completion to meet this requirement. Also, monitoring reports of the riparian mitigation planting area are due annually for 5 years from the date the Corps accepts the as-built drawings. We recommend that you complete and submit a Riparian Mitigation Planting Monitoring Report to meet this requirement. These report templates in italicized text can be found on our webpage at www.nws.usace.army.mil, select Regulatory—Regulatory/Permits, select Forms. This permit expires on April 20, 2022. Activities that have commenced (e.g.,are under construction)or are under contract to commence in reliance upon this permit will remain 2081291 Page 3 of 12 09/25/2017 12:50:58 PM Mason County, WA -3- authorized provided that the activity is completed within one year of the date of this permit's expiration, modification,or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend,or revoke the authorization. A copy of this letter with permit drawings will be furnished to Ms. Meg Amos, Marine Surveys and Assessments, 267 Hudson Street, Port Townsend, Washington 98368. If you have any questions about your authorization or our regulatory program, please contact Mr. Jason Sweeney at jason.t.sweeney@usace.army.mil or by phone at (206) 764-3450. Sincerely, Thomas D. Bloxton,Jr., Project Manager Regulatory Branch Enclosures 2081291 Page 4 of 12 09/25/2017 12:50:58 PM Mason County, WA i Figure 3. Plan view of the proposed structure DRAFT 115'STRUCTURE HUNTER FAMILY PROJECT HOOD CANAL Jon 15,2016 One of tow 10'diomoter 901r.steel pilings ED I 30' One of two • 8'diomefer At least Sox Mil,Piles � functionolgrlatirg in the frosts o' to, 25' SO' Akrmirum romp with 100%greti ng 35' One of four 5'diometer Pier Piles 115' 100y grottd alumina Pier 50' PIER 6' MHHW=11.8' 15 ONE FOOT UP THE BULKHEAD ROCK BULKHEA 2'X b'CONCRETE PAD UNDER PIER `y 12' 22' SR 106 Row Nws -Zois- 239 Purpose:On Water recreation Applicant:Hunter Family Farm LTD. Propoacd:Joint use pier,ramp and Datum:C.0'MLLW Partnership and James d Joan Hurter float Job Name Hunter Family Farm LTD. In:Hood Canal Adjacent Property Owners: Partnership and James 8 Joan Hunter Joint- (1)John 6 Joan Peaenpaugh.225M the Pier,Ramp and Float Project At:N 48.357552• W 123,014403, 87"'Place W. Edmonds,WA MM Refererm": County:Mason 12)Daniel&Jill Sullivan.18010 Viking Job Add:9894 E.SR 106,Union.WA 98582 p"ft Jan.21,2018 Way NVV.Pouisbo,WA 98370 Mall Add:Sarre as job address Page: 3 of 8 AASftik Hunter Family Farm and James&t Joan Hunter Joint-Use Pier Ramp and Float Project. 2081291 Page 5 of 12 09/25/2017 12:50:58 PM Mason County, WA Hunter Project NWS 2015-00239 Mitigation Item#1: Buoys to be Removed Details Buoy# 1 Lat 47.3579930 Long-123.014668°. 109' from shore Size=tire filled with concrete—about 1 cu ft Buoy#2 Lat 47.3581190 Long-123.0151000' 212' from shore Size=2' by 2' by 2' concrete block (8 cu ft) Buoy#3 Lat 47.357755' Long -123.015273' 156' from shore Size=55 gal. Barrel (approx. 24" in diameter—7.35 cu ft) 2081291 Page 6 of 12 09/25/2017 12:50:58 PM Mason County, WA a Mitigation Items # 2 and 3: Removing Old Marine Railway Footings & 10'x10' Float 0' 25' 10' 50' Tl T2 T3 T4 T5 T6 T7 T8 T9 T20 T11 10F 1OF 20F 10F 10F 10F 1OF 10F LOG 106 106 106 106 106 106 106 106 106 106 105 1�0 Los 10 S 205 206 105 205 205 205 105 LOS 10F 20F 20F 30F 10F 10F 106 106 106 105 105 106 10G 106 106 10�S 105 10F 1OF 105 105105 160 �- 1 20 F 30 F 10 6 10 6 ` '�' -4.3 20F 20F to 10F 106 106 I I0 1� ...! l :, 6 10 "I"" f06 206 Approximate 210 F. 10 F 30 F 1 � !Oat location 1 NO 14010'x19 "Now 106 1s E6T 20 -3.3 �.■ 10 F 30 F 1 1-30 10 F 120 100 MACROAL6AE AND 0.7 %COVERAGE PER M=SQUARE METER: F Filamentous Reds 6=6racilaria - S.=S. latissima 80 3.2 - Number and ' E&T= number of Zostera t sz Marina turions r 60 =5.9usz s 4.7 NOTE;Only macroalone PProx at %covera Of or greater are seen }r• �., on this map. 40 .ik 6.6 20 t a 8.3 Distance along T6 F and tidal elevation (MLLW)in feet Concrete bases from old marine 10.0 rai I way 14" w x 7" d x 6' long Some are at or below beach level Approximately 62.9 square feet of concrete debris 2081291 Page 7 of 12 09/25/2017 12:50:58 PM Mason County, WA r . L Figure 2. Site plan 0' 26 75• PROPOSED LOCATION FOR 10, 50' 10(y •E HEM SCREW ANCHOR FOR MOORIN6 BUOY HOOD CANAL JOHN&JOAN DANIEL 6 JILL PECKENPAUGH SULLIVAN 22520 87TH PL W. 18010 VIKTNG WA NW EDMONDS. WA POULSBO,WA 98026 PE tls f om b��heaNNF+r w—� 98370 #32236-50-00006 PL #32236-51-00036 PL PL PROPOSED JOINT USE APPIZOx STRUCTURE APP20X. ear 127' MrIHW=11.8'(MLLW) 15 1'UP THE BULKHEAD { BU H A 2'x 6'concrete pod 22' under pier 2• ROW 30' FOG LINE SR 106 CENTER LINE JOINT USE APPLICANTS f JAMES 6 JOAN HUNTER HUNTER FAMILY FARM LTD.PARTNERSHIP PO BOX 2049 9894 E,SR 106,UNION,WA SHELTON,WA 98584 #32236-50-00010 #32236-50-00007 PL PL NOTE: This is not a survey. All measurements are approx. Pt Contractor should vari all measurements before coristruction. Purpose.On water recreation Applicant Hunter Family Farm LTD Proposed:Joint-usa pier,ramp and Datum:0.0'MLLVU Partnership and James 8 Joan Hunter float Job Name'Hunter Family Farm LTD, In:Hood Carnil ` Adjacent Property Owners: Partnership and James 8 Joan Huller Joint- (1)John S Joan Peckanpaugh 22520 Use Pier,Ramp and Float Project At N 48.357552°W 123.014403 Or Place W.,Edmonds,WA 98022 Referonc.# N W 3— 2015—2 3 County:Mason (2)Daniel d Jill Sullivan.18010 Viking Job Add:9894 E SR 106,Union,WA 98592 Date:Jan 21,2016 Way NW,Poulabo,WA 98370 Mail Add:Same as job address Page:2 of 8 MSFxA Hunter Family Farm and James 8t Joan Hunter Joint-Use Pier Ramp and Float Project. ' 2081291 Page 8 of 12 09/25/2017 12:50:58 PM Mason County, WA Mitigation Item# 4: Planting Plan August 28, 2017 Total Planted Area=Approximately 1440 ft2 Mitigation Planting and Monitoring Plan for Hunter Family A. Mitigation Plan Mitigation is required for this site as the proposed structure will be built on a shoreline of statewide significance and will impact critical habitats.Native plants will be installed along the top of the top of the bulkhead replacing the grass which continues from the road to the edge of the bulkhead. The planting plan area can be seen in Figure 1 (planting plan map)and in Figure 2 (photos). Plants will be installed in a 6 foot by 240 foot area just above the bulkhead. Nootka Roses will be installed at 4 foot centers for approximately 240 feet skipping the area in front of the proposed structure. Other species will be interspersed. The plants selected for this site are all native plants that can tolerate salt spray from the marine environment. They were selected to improve the overall value of the functions in this critical area buffer. Soil stability,nutrient input, and wildlife habitat were all important factors. Following is a table showing the plant species and numbers for the planting area. Plants will be selected from a regional native plant nursery. Plant List Quantity Botanical Name Common Name Size 36 Rosa Nutkana Nootka Rose 2 Gal 4 olodiscus discolor Ocean spray 2 Gal 8 Ribes sanguineumRed-Flowering Currant 2 Gal 6 Vaccinium ovatum Evergreen Huckleberry 2 Gal m' 12 evmus mollis Dunegrass l Gal 10 Gaultheria shallop Sala] 1 Gal Plants should be installed in late fall or early spring following the construction work. During these times plant are semi-dormant and soils are easier to work. Plants will be laid out by hand generally following the spacing specified on the planting plan map (Figure 1). The plants will be installed by digging a one to two foot hole, loosening the soil, placing the plant in the ground after loosening soil around the root ball. The hole must be deep enough to ensure the roots are straight,but not so deep as to bury plants too far above the root collar. Once the plant is in place, the hole will be backfilled and tamped lightly. Mulch should be applied 3" deep around plants,being careful not to touch the stem of the plant.No extraordinary measures are proposed at this time to protect installed plants other than mulching,weeding and watering. Substitutions might be necessary for species or individuals that cannot be found at local 2081291 Page 9 of 12 09/25/2017 12:50:58 PM Mason County, WA r nurseries. All plant substitutions will be approved by the project biologist prior to installation to ensure their suitability for the site. B. Performance Standards Performance standards are measurable criteria for determining if the goals and objectives of the mitigation project are being achieved. If the proposed benchmarks are not achieved by comparing the surveys to the mitigation goals, then contingency plans will need to be implemented. Performance Standard#1 (survival rate): Immediately after planting, all plants will be counted and documented. At the end of each growing season(late Aug-early Sept)plots will be visited and a count of surviving plants will be documented. The percent survival for the plots will be calculated by dividing the total number of plants after planting by the total number of surviving plants at the end of the season. Photo stations for the replanting site will be determined and a photograph of each transplant location will be taken on an annual basis. Individual plants that die must be replaced with native species I order to meet the survival performance standards. Performance Standard#2 (percent cover): The percent cover standard will be monitored by looking at each monitoring unit of the enhanced areas from above and estimating the area covered by the individual species. The percent cover within an area can be quantified as a total greater than 100%because plants (in tree,high/low shrub and herbaceous layers) overlap uncover. C. Monitoring Plan An as-built drawing and report will be submitted as documentation of the implementation of the approved planting plan within one month of installation. The plan will include vegetation description and photo documentation from established photo stations. A panoramic photo of the entire mitigation site will also be provided. Photos should be taken June-August, during the growing season. Monitoring will take place over a period of five years at the end of the growing season (late August or early September)of each monitoring year. The performance standards will be monitored by measuring plots in zones within the planting area that will be established and mapped after planting occurs, on the as-built plan. There will be photo points for each plot and they will be referenced on the as-built plan. Each year, the photo points established at each site will be used for comparison. Photos will be taken at all points for all years as visual documentation of the performance standard's progress, or lack thereof. In addition to photos at designated points,photo documentation must include a panoramic view of the entire planting area. Submitted photos must be formatted on standard 8 1/2"by I I" paper, dated with the date the photo was taken and clearly labeled with the direction from which the photo was taken. The photo location points must be identified on an appropriate drawing. Collected data and photos will be compiled into an annual Riparian Planting Report each year and submitted by November 30 of each monitoring year for five years. Each annual monitoring report shall include written and photographic documentation on plant mortality and replanting efforts and must document whether the performance standards are being met. Monitoring results will determine whether or not contingency measures will be needed. Performance Standards#1 & 2 Year 1: Achieve 100% survival success of replanted natives into mitigation areas. Year 2: Achieve 100% survival success at end of second year into mitigation areas. Year 3: Achieve 80%survival success at end of third year into mitigation areas. 2081291 Page 10 of 12 09/25/2017 12:50:58 PM Mason County, WA t Year 4: Achieve 80%survival success at end of fourth year into mitigation areas. Year 5: Achieve 80%survival success at end of into mitigation areas. D. Maintenance and Contingency Maintenance shall occur at least twice during the growing season to ensure the survival of all native species within the mitigation area, including volunteer natives.Watering by hand or sprinkler may be necessary during year number one until the plants are established. Water requirements will depend on the timing of planting with the seasons and weather conditions. Once plants are established, extra watering may not be necessary. Hand weeding will be necessary around all plants that are being monitored to ensure survival and coverage. if the required rate is not met by the end of any monitoring year,plants lost to mortality will be replaced to achieve the percentage cover called for in the performance standard described above. Prior to replacement,an appropriate assessment will be performed to determine if the survival was affected by species/site selection, animal damage, or some other factor. Subsequent contingency actions must be designed to respond directly to the stressor(s), which are increasing mortality of planted native species. If a particular species is shown not to endure site conditions then another, more appropriate species will be selected. If excessive damage is observed,protective measures will be introduced. Monitoring years may be added if significant replanting becomes necessary. Monitoring on an annual basis for five years will occur with photographs to determine the survival rate of the transplanted area. If 100%success is achieved during the first two years or 80%success rate during the last three years, monitoring will continue without extra replanting efforts. Within the five year time period, transplanting will occur on an annual basis to replace any plants that are lost until 80%success is achieved. 2081291 Page 11 of 12 09/25/2017 12:50:58 PM Mason County, WA Figure 1. Site location .^L:-^:ti:U'••Y` ..- •'3 L•J+i• .••• iVL�1.`Y•1 'Ll•.•iV 1.' Dack Jr, 15-VkTS-C 1-0el _ i IF*t�k l ,fir i 16T PROJECT SITE 4 0 •l.J� fe TxE r rEET ' P1�i!ed!tr-"OPO!y`:4S�S1`iiD,rnePrnl�.{iowiR-a-.•r;pp.p�� Purpose:On water recreation Applicant:Hunter Family Farm LTD. Proposed.Joint-use pier,ramp and Datum:0.0'MLLW Partnership and James&Joan Hunter float Job Name:Hunter Family Farm LTD. In:Hood Canal Adjacent Property Owners: Partnership and James&Joan Hunter Joint- (1)John&Joan Peekenpaugh.22520 p oat Use Pier.Ram and Float Project At:N 48.3575521 W 123.014403' 870 Place W..Edmonds.WA 98022 Reference# NWS—201- —2 3 9 County:Mason (2)Daniel&Jill Sullivan.18010 Viking Job Add:9894 E.SR 106,Union,WA 98592 Date:Jan.21,2016 Way NW.Poulsbo,WA 96370 Mail Add:Same as job address Page:1 of 8 MSEtA Hunter Family Farm and James&Joan Hunter Joint-Use Pier Ramp and Float Project- Figure 2. Site plan 0' 25• 75' PROPOSED LOCATION FOR 10, 50, 100, •-—HELIX SCREW ANCHORFOR MOORING BUOY HOOD CANAL 125' JOHN&JOAN DANIEL&JILL PECKENPAUGH SULLIVAN 22520 87TH PL W. 18010 VIKING WA NW EDMONDS,WA POULSBO,WA 98026 D1 115'frombulkhead/MHFIW_�,. - #3223983700036 #32236-50-00006 I I PL PL PROPOSED JOINT USE APPROX. STRUCTURE APPROX. 20U 12T MHHW=11.8'(MLLW) IS r LP THE BULKHEAD W BULKHEA CCV �oc ,,co ms 11 2'x 6'concrete pod 22• under pier 2• ROW 30' — — — —FOG LINE SR 106 CENTER LINE JOINT USE APPLICANTS JAMES&JOAN HUNTER HUNTER FAMILY FARM LTD.PARTNERSHIP PO BOX 2049 9894 E.SR 106,UNION,WA SHELTON,WA 98584 #32236-50-00010 #32236-50-00007 PL PL NOTE: This is not a survey. All measurements are approx. PL Contractor should verify all measurements before construction. Purpose:On water recreation Applicant Hunter Family Farm LTD. Proposed:Joint-use pier,ramp and Datum:0.0 MLLW Partnership and James&Joan Hunter float Job Name:Hunter Family Farm LTD. In:Hood Canal Adjacent Property Owners: Partnership and James&Joan Hunter Joint- (1)John&Joan Peckenpaugh,22520 Use Pier,Ramp and Float Project At:N 48.357552°W 123.014403, 87"Place W.,Edmonds,WA 98022 Reference* N W3- 20{5•—2 11 County:Mason (2)Daniel&Jill Sullivan.18010 Uking Job Add:9894 E.SR 106,Union.WA 98592 Date:Jan 21,2016 Way NW,Poulsbo,WA 98370 Mail Add:Same as job address Paga:2 of 8 MS&A Hunter Family Farm and James Et Joan Hunter Joint Use Pier Ramp and Float Project. �' A try, • boa PF RECEIVED 15, AM WHO PROJECT SI�T� s _ i 0' 25` 75' 1D Nootka Rose 10' 50' 100' Red Flowering Currant /V ' Oceanspray PL115 from bulkhead/MHHW Q Dunegrass 3: r Evergreen Huckleberry > Salal PL ° U c ~' O PROPOSED {--JOINT USE STRUCTURE a 00 LO n U) N MHHW = 11.8' (MLLW) r 15 I' UP THE BULKHEAD ►� BULKHEAD �' � o LO 4 rp .� ROW T 30' N -- FOG LINE 5R 106 CENTER LINECD a N r Co O N