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Home My WebLink AboutArmy Corps of Engineers Permission Letter - BLD Letters / Memos - 7/12/2005 G AI DEPARTMENT OF THE ARMY SEATTLE DISTRICT,CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE,WASHINGTON 98124-3755 REPLY TO ATTENTION OF JUL 1 2 2005 Regulatory Branch RECE��E° INS Mr. Daniel and Ms. Jill Sullivan please 426 W, CEDAR ST Post Office Box 221 Belfair, Washington 98528 I F To: reference: 200400197 Sullivan, Daniel and Jill Date Sent to Re: -.-- Dear Mr. and Ms. Sullivan: 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 pier, ramp, two floats and 12 piles,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 Union, Mason County, Washington. The purpose of the proposed project is to provide recreational access. We have assigned your permit Reference Number 200400197. 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 January 7, 2004,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 Sullivan Pier,Ramp, and Float Project", dated July 26, 2004, and the addendum dated October 21, 2604, 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 this document on April 13, 2005 (USFWS Reference Number . 1-3-05-I-0081). The National Marine Fisheries Service (NMFS) concurred with a finding of "may affect,not likely to adversely affect"based on this document on December 15, 2005 (NMFS Reference Number 200401752). Both agencies will be informed of this permit issuance. -2- Failure to comply with the commitments made in this.document constitutes non-compliance with the ESA and your U.S. Army Corps of Engineers permit. The USFWS/NMFS is the appropriate authority to determine compliance with ESA. b. In order to protect Chinook salmon,bull trout,Hood Canal summer chum and forage fish, 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. You must provide a copy of the permit transmittal letter, the permit form, and drawings to all contractors performing any of the authorized work. d. 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. Please be reminded that Special Condition"a"of your permit requires that you implement and abide by the Endangered Species Act(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 a 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 J U L 1 2 2008 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 -3- 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/or 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"b"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 not 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 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.gov/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: hLtp://ver2.pM.usace.gM.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. • -4- A copy of this letter with enclosures is being furnished to Ms. Amy Leitman, 521 Snagstead Way, Port Townsend, Washington 98368. If you have any questions about this letter or our regulatory program, please contact Ms. Olivia Romano at telephone (206) 764-6960 or e-mail Olivia.H.Romanona,usace.army.mil. BY AUTHORITY OF THE SECRETARY OF THE ARMY: 4. De wis C rps of gineers District Engineer Enclosures cc: USFWS ECOLOGY DNR LOCAL GOVERNMENT Compliance File a - r .� q i ti /.r -'� t+ , i l� � ,i ,:i., � pyy'�yl'{p T `,.IF'',.:er 1 a3 - ie' iw L� •.r/. $',.;al i�'y9x...ti=, Y. `L � 1, y '�/ � ,{f�,r �/{ 'r �/ ,.� "�v+i.,A � •r<�I" ` � a �?a �4 ` x��r .•� �OC IS "�5,,��h°k•�F�c �t X ti::�' Y,, i Shady Beach,. rry I [� S VL l _ �• F I Q(! t a� • y ��` l r�JrSn�� . �r r<Y l # � Y 'yy.^^�� 00 �'' t ��7 •�!�.jl S �� . ! r laziuYa t;l� Ail f '\\� .,. ;,� ' 1 -;. ., is</ � '' i:` a>. ++��^dci� §��f'R? a'•r `'��'_,k��a{�-G��1��..-.,,..� �� ..1 r%'7 r..;',`O�J !r_.r J'. Project Site � S /, 9 to + S/Stars Points c� �' /i �Y+ "3a 'k vk " 1 i�r ✓ �i},i I (` �C �/ , ��l �l �/ off . fx.zt. fKy pi, / �. J .�-!7, rIT %'� to-.j��„_ �..��" .,�, �• i' i / / ,%/J, 1� t/ �o/ ( .=' Reference: Sullivan,Daniel&Jill , r Sullivan Project Location: t App:Marine Surveys and Assessments In:Hood Canal near Union coon 36 Se J Township 22N,Range 03W Purpose: Recreational use of pier,ramp& 9960 SR 106 Union,WA dy u' �.r float Lat.N 47°21.49 Long:W 123°00.83 Datum:MLLW r _ Adjacent Property Owners: 1) Provident Funding ' 2) George&Erna Brucker Scale: 1 inch equals 2000 feet Sheet] of Date:7 January 2004 Copyright(C)1997,Maptech,Inc 4R5' 1 HOOD CANAL 15' 600' TO PIER, _ TO PIER, RAMP 5, structure Proposed B RAMP AND FLOAT 100' Iong 1 AND FLOAT i from MHHWL T 11, - ---- - - - -- MHHW- - - — R A M i i P 46' � N 130' I SR 106 Reference:Daniel&JiIl Sullivan App:Marine Surveys and Assessments In:Hood Canal near Union Purpose: Recreational use of pier,ramp& 20' I float Datum:MLLW Adjacent Property Owners: 1 4$' , 1) Nghiep&Ethellynn Nguyen 2) George&Erna Bruc r / Sheetjo� Date: Jay. D � R i I P V R E P O W �, p A iE I Y E R T R Y 5ULLIVAN T RESIDENCE Y � L I LI N N E E1 t 5' GARAGE 1 dIE 130' �;a b N T NO H - LIJ n , N d K m z � � o M NO f`3 N Z01 Materials: Pilings:10 9 ACZA treated,class B,Doug fir Floats:2 ACZA framing lumber,flotation is polystyrene foam enclosed in polyethylene resin shells Pier: ACZA framing lumber,galvanized fastenings Ramp:prefabricated aluminum t7C l!J Construction and site details are contained in the H project Biological Evaluation --------- ----- f—1 �H F- b � - -� Reference:Daniel&Jill Sullivan App:Marine Surveys and Assessments in, Hood Canal near Union H Purpose: Recreational use of pier,ramp& float Datum: MLLW Adjacent Property Owners: 1) Nghiep&Ethellynn Nguyen 2) George&Erna Brucker Sheet i3 VJ'5" Date: 19 July 2004 .0 100' 6' by 40' pier 4'by 40' rarnp_ 6'by 26' float MHHW MHHW 11.84' 11.84' — MHW 10.86' 6.5' 16' by ZO' float — MHW 10.86' Float stops Stub*pilirng MLLW on all float pilings Reference:Daniel&Jill Sullivan App:Marine Surveys and Assessments In:Hood Canal near Union Purpose: Recreational use of pier,ramp& float Datum:MLLW Adjacent Property Owners: 1) Nghiep&Ethellynn Nguyen 2) George&Erna BruPC�AJ' Sheet Date: 19 July 2004 OMEYEAe- zv, Zoot Proposed pier, romp and float 5 15 PL Planted on 10' centers Pb = Pacific dogwood (Cornus nuttallii) 0 10 20 PL SP = Shore pine (Pinus contorta) ' I Planted on 3' centers 15' RD = Red osier dogwood (Corpus sericea) 3 RC = Red-flowering currant (Ribes sanguineum) g 5' VM = Vine maple (Ater circinatum) 0 SP T 11' J PC) SP RD RD RD RC RC__..RC VM PI) SPExistingR Existing C SP firs fir PD RD RD RD RC RC RC VM A SP M P I 93' Reference: Sullivan,Daniel&Jill App:Marine Surveys and Assessments SR 106 In:Hood Canal near Union Purpose: Recreational use of pier,ramp& float Datum: MLLW Adjacent Property Owners: I 1) Provident Funding 2) George&Erna Bricker Sheet,Uof 44 6�Date: 7 January 20(14