HomeMy WebLinkAboutArmy Corps of Engineers Letter of Permission - PLN General - 10/31/2008 DEPARTMENT OF THE ARMY
SEATTLE DISTRICT,CORPS OF ENGINEERS
- � P.O.BOX 3755
SEATTLE,WASHINGTON 981243755
REPLY TO RECEIVED
ATTENTION OF
OCT 3 1 2008 NOV o1 10JR,
Regulatory Branch 426 W.
CEDAR ST:
TO BE KEPT IN THE
PARCEL FILE
Mr. Joel and Angie Kramer
Post Office Box 524
Union, Washington 98592 3 a a 3 5 aW�w
Mr. Wayne and Janett Souza
10190 East State Route 106
Union, Washington 98592
Reference: NWS-2007-288
Kramer, J &A and
W &J Souza
Dear Messrs. Kramer and Souza:
We have reviewed your application to construct a pier and install a ramp, float and two
mooring buoys in Hood Canal near Union, Mason County, Washington. Based on the
information you provided to us, this "Letter of Permission" (LOP) permit authorizes your
proposal as depicted on the enclosed drawings dated October 31, 2008, which are made part of
this permit. In order for this LOP authorization to be valid, you must ensure that the work is
performed in accordance with the enclosed Letter of Permission General Conditions and the
following special conditions:
For compliance with the Endangered Species Act:
a. You must implement and abide by the ESA requirements and/or agreements set forth in
the Biological Evaluation for Kramer and Souza Joint-use Pier, Ramp, and Float Project dated
January 10, 2007, and the addendum dated January 16, 2008, in their entirety. The National
Marine Fisheries Service (NMFS) concurred with a finding of"may affect, not likely to adversely
affect"based on this document on October 29, 2008 (NMFS Reference Number 2006/07415).
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 November 20, 2007 (USFWS Reference Number
13410-2007-0512). 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.
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b. In order to protect Puget Sound Chinook,bull trout and Hood Canal Summer Chum, 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.
c. The permittee may drive the piles from July 16 through January 14. Prior to any pile
driving construction,the permittee will have a qualified biologist from Marine Surveys and
Assessments conduct a survey to confirm that no surf smelt are spawning in the area. A letter
from the qualified biologist with the date of the inspection and the findings will be provided to
the Corps prior to construction. The permittee shall not conduct work authorized by this permit
from January 15 through July 15 in any year this permit is valid.
We have reviewed your project pursuant to the requirements of the Endangered Species Act
and the Magnuson-Stevens Fishery Conservation and Management Act in regards to Essential
Fish Habitat(EFH). The Corps has determined that this project will comply with the
requirements of the above laws provided you comply with special condition"a" and"c" listed
above.
Please be reminded that Special Condition"a"of your permit requires that you implement
and abide by the ESA requirements and/or agreements set forth in the Biological Evaluation and
Addendum for this project. In particular, note that the BE and Addendum requires that you
remove two single moorage floats from the site. Failure to comply with the commitments made
in the BE and Addendum constitutes non-compliance with the ESA and your Corps permit.
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. Also,
we have completed an approved jurisdictional determination for your project area which can be
found on our website at http://www.nws.usace.army.miU click on Regulatory,
Regulatory/Permits, Recent Jurisdictional Determinations. If you object to any terms or
conditions of this LOP or the jurisdictional determination,you may request an administrative
appeal under our regulations 33 CFR 331 as described in the enclosed Appeal Process Fact Sheet
and the Notification of Administrative Appeal Options and Process and Request for Appeal form.
Your authorization to conduct the proposed work under this permit expires 3 years from the
date of this letter. Within 30 days of 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. 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.
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Thank you for your cooperation during the permit process. We are interested in your
experience with our Regulatory Program and encourage you to complete a customer service
survey form. This form and information about our program is available on our website at:
www.nws.usace.army.mil (select"Regulatory" and then "Regulatory/Permits").
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. A copy of this letter
with enclosures is being furnished to Amy Leitman, Marine Survey and Assessments, 521
Snagstead Way, Port Townsend, Washington 98368. If you have any questions about this letter
or our regulatory program, please contact Mr. John Pell at telephone (206) 764-6914 or via email
John.L.P eIKDusace.army.mil.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
o O. Wright
olonel, Corps of Engineers
District Engineer
Enclosures
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PROJECT SITE. T e:
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PURPOSE:On water recreation APPLICANT: Krmer/Souza PROPOSED:New pier,ramp&float
DATUM:MLLW REFERENCE# NWS-2007-288 M.Hood Canal
NEAR:Union
ADJACENT PROPERTY LOCATION. 10190 E SR 106 Union, COUNTY:Mason STATE:WA
OWNERS: WA 98592,
1. Thomas&Wendy Bauer NW%+,Sec 36,722N,R03W SHEET 7 of 3
2. Stephen&Pamela Drugee Lat:N 47.36088°; W 123.009670
18`E
Scale: 1 inch equals 1538 feet
Copyright(C)1997,Maptecn,Inc.
II
I
O 115'
8 45% FUNCTIONAL GRATING
20' 1 OF 7
GRATED PIER SECTIONS
33%FUNCTIONAL 4' By 6'
O GRATING 35' I 51%FUNCTIONAL GRATING 55'
10' i
O FULLY GRATED RAMP 4' 4' 6' 7'—
bE
► {I
1 OF 3 STUB PILES
e• I
MHHW/OHWM LOCATED
33'FROM HIGHWAY
106 CENTERLINE
6' BY 55' PIER
4' BY 40'
FULLY GRATED
8" GALV.
RAMP
STEEL PILINGS MHW=10.8'
2' BY 6' OHWM
BY B"
CONCRETE
PAD
1' MINIMUM DISTANCE 0 15'
MLLW FLOAT STOPS 5'
0.0' ON ALL FLOAT
PILES KRAMER,SOUZA AND SAUER
REVISED PLAN AND ELEVATION
JAN. 15,2008
Ref: Kramer,J&A and W&J Souza
Purpose: Recreational Boat Moorage NWS-2007-288
Datum: MLLS Date: October 31,2008
Adjacent Owners: 1. Thomas&Wendy Bauer Page 2 of 3
2. Stephen& Pamela Drugee
PL PL PL X X PL HOOD CANAL
I Approx. locations of PL TN
proposed moorage buoys I
Approx. 0' 25'
4'
Pier will rest on I 10, 50,
48' framing members
that ore attached
to a concrete
2'by 6 by 8' Approx. 220'
K
R
M `
E 1 i
R
I115' 108' I
I I
25'
OHWM/MHHW BAUER
k� HOUSE � � j HOUSE
33' 40' 11
WHITE LINE
—CENTER LINE — — — — — — — —
SR 106
75
I � 100' I Purpose: Recreation Boat Moorage
Datum: MLLS
TR10 i W 1/2 I
1 OFT 9 I
Adjacent Owners: I. Thomas&Wendy Bauer
1 2. Stephen& Pamela Drugee
SOUZA i
I HOUSE Ref: Kramer,J&A and W&J Souza
INWS-2007-288
Date: October 31,2008
KRAMER Page 3 of 3
HOUSE
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TRS 6-7&TL � TRS 4-5&TL
256' TR 10 S OF R/W& I PEBBLE BEACH PARK BEBBLE BEACH PARK
W 1/2 TR 9&TL Z57' I
PL I I
ses Pos?-
'DISTRICT ENGINEER
T CORPS OF ENGINEERS
EAT TLE DISTRICT Pfffav scmws
GENWS-OU4107, (C) 02 1A $ 00-590
PO BOX 3755 0004623160 NOV 03 2008
SEATTLE,WA 98124-3755 MAILED FROM ZIP CODE 9 812 4
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