HomeMy WebLinkAboutDept. of the Army - PLN General - 10/3/1989 CERTIFIED 'MAIL
DEPARTMENT OF THE ARMY
SEATTLE DISTRICT. CORPS OF ENGINEERS
P.O. BON C-3755
R"`.ro
SEATTLE,WASHINGTON 98124-725 D �j Ul
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Arrcnnon OCT or ;•I
1989
Regulatory 3rancn OCT 31989
GENERAL SERVICES
Mr. John 8yerly
Post Office Box 133
%. Ifair, Washington 98529
'fie ferew.e: OY,3-4-013157
8yerly, John
Dear Mr. 8yerly:
During an inspection along Hood Canal, recent work was observed fronting
your property at 3elfair, Washington. This inspection disclosed that you have
placed fill in waters of the United States and on adjacent wetlands without a
Departmaent of the Army periAt. This work is considered to be in violation of
Federal law.
The Following la,.+s, extracts enclosed, apply to the unauthorizefl work:
Clean Water Act.
a. Sei.tion 404 ref-11.1ires Oepartnent of the Ar.,ly :authorization for tie
place;aen,t of any fill or oredged iaterial in Eaters of the United States
including -,!etlanhs.
The ter:► "wetlands" .deans those areas that are inundated or saturates oy
surface or ground water at a frequency and luration sufficient to SUOQOrt, anc
that under nor,�al circumstances do support, a prevalence of vecetation
typically adapted for life insaturated soil conditions. The Coros cf
`Encineers ibis fi'1n res;),onsinility for -teter 7i ryn-r &.int;-ier .i crg,�fi^ .,At 1 rrir
aria 404 uriso cti,m. r
b. Section 309 cites penalties for violation of Section 301 wnic`%
prohibits placer�ent of fill or ft- edged matertal unless authorized under
Section 404.
Ttie U.S. Envirmm ental ;'rotectim Acen^y (EPA) also en orces :section 404.
EPA '•gill receive ? :oUy of this 14tt?r an,, rlay prCvicl vi?'.Ys and/or
recom-ilendstions ::oncernlncn t pis -k:tter.
You are directed to do no further f llinq in tnese ald"acent wetlands at
this site. To assist in ttie evaluation of this violation, t^e follewi.ng,
infor-iation is request•ad:
a. As-built sketch of the work. inclosed for your use is a copy of our
sketch. You should rake any necessary changes to reflect current conditions,
sign, and return with your other comments.
b. Who did the work: If a contractor, please furnish name, address, and
telephone number.
c. Date when the work started.
d. Reasons why the work was started before obtaining a Department of the
Army permit.
e. Property ownership at time of construction.
f. Primary purpose of the fill.
g. Practicable alternatives available that would not involve filling of
wetlands.
This information must be furnished within 30 days from the date of this
letter. Your comments will be beneficial in resolving this matter. If you
have any questions concerning your reply, please contact Mr. Chris McAuliffe,
telephone (206) 764-3495.
Sincerely,
Milton Hunter
Colonel, Corps of Engineers
District Engineer
i Enclosures
i �
cc:
Environmental Protection Agency
Washington State Department of Ecology
Mason County Planning Department/Ms. Lenore Marker j
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