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Home My WebLink AboutArmy Corps of Engineers - PLN General - 8/10/2005 I DEPARTMENT OF THE ARMY SEATTLE DISTRICT,CORPS OF ENGINEERS - P.O.BOX TOSS SEATTLE,WASHINGTON 99124-3755 REPLY TO ATTENTION OF AUG 10 2005 Regulatory Branch R E C E"'v Mr.and Mrs.Lorren and Jeannie Fladseth 426 W 10248 2151 Ave SW Seattle,Washington 98146 and Mr.and Mrs.Raymond and Barbara Sebastian 5066 Turkey Track Road Placerville,CA 95667 Reference: 200401431 Fladseth and Sebastian Dear Mr.And Mrs.Fladseth and Sebastian: 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 13 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 Belfair,Washington. The purpose of the proposed project is to provide joint use recreational access. We have assigned your permit Reference Number 200401431. 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 May 12,2005,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 ESA requirements and/or agreements set forth in the`Biological Evaluation Fladseth and Sebastian Joint-Use Pier,Ramp,and Float Project', dated January 10,2005,and the addendum dated February 15,2005,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 June 3,2005(USFWS Reference Numb 1-3-05-I- 0312). The National Marine Fisheries Service(NMFS)concurred with a finding of"may affect, not likely to adversely affect'based on this document on July 12,2005(NMFS Reference Number 2004/00402). Both agencies will be informed of this permit issuance. Failure to comply 2 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. 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.A copy of this permit,permit drawings,mitigation planting plan,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. d. You must provide a copy of the permit transmittal letter,the permit form,and drawings to all contractors performing any of the authorized work. e. 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 ESA requirements and/or agreements set forth in the Biological Evaluation for this project. In particular,note that the BE requires that you:to record and implement joint use agreement,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 10 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. -3- 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 terns 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 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 terns 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.Qov/proQrams/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.armv.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 Olivia Romano at telephone(206)764-6960 or e-mail Olivia.H.Romanona,usace.armv.mil. BY AUTHORITY OF THE SECRETARY OF THE ARMY: i Debra M.Le 's Colonel,Corps Enginee District Engineer Enclosures cc: USFWS ECOLOGY DNR LOCAL GOVERNMENT 123901.000' W WGS84 123000.000' W D _ 1J.. ✓ 0 0 `y f, �Vt •' ,tit• Fladseth TO yF N.' } App:hhu*SwvWs&Assessments In:Hu d Canal aw Belfair ri p�Ptrr��poae:-Recreational gse of pier ramp and RL R*beWSebasdanProjedLocation: --------_---•-_---. Datap:MLLW Adjacent Prg"`.t n. Seetion 24,Township 22N,Range 03W 1)Allen dt C Black } 10731/10743 North Shore Rd.Belfriir,WA :?? 2)Helm ICraslop ET AL <at:47°22 77' 123°00.79' Sheet 1 of 4 Date:Octobaei 27, —/ 123001.000' W WGS84 123000.000' W TN IllyrlI2 1 hNIE 18`/* 1000 FEET 0 urn 1000m ,:P- 31 0 10' 20� App:Marine Surveys&Assessments In:Hood Canal near Belfair Purpose:Recreational use of pier ramp and float. Datum:MLLW 'Adjacent Property Owners: NORTH SHORE ROAD 1)Allen&Geria Black 2)Helene Krasko ET AL 0.v`i �r •0.i f Sheet 2 of 4 Date:October 27,2004 „f All dimensions are approximate 1 f 1 g 13' SEBASTIAN FLADSETH l'� i '` < 1 6' f Bulkhead ' 15' Wood deck LARGE EXISTING FIR Stairs to beach SEE PHOTOGRAPHS IN canny wy It should be noted that in THE BE Bulkhead addition to the 3 oceanspray TN 51, shrubs and shorepine.along' the MN 1 bulkhead,there are the Padne dogwood ti following included in the Proposed pier, planting plan: R s�ON ramp and float 2 oceanspray and 1 0 o«Qy PL Pacific dogw�ad on the HOOD CANAL west side of the Flodseth ,d.n a. t ' residence 2 vine maple and 1 shorepine 500'to pier,ramp and float between the Flodseth and Sebastian residences 3 vine maple and 1 dogwood r on the northern edge of the PL Sebastian property 5, ASTO BEAtTEEAEL BASTIA, . LAWN BULKHEAD FLADSETH WOOD DACH O C BULKHEAD PILING Corrected ACZA PILING depth (one of 12) -4.6' 50%OF PIER GRATED 6' 65' _ JOOg01 `f3 ( 115' App:Marine Surveys&Assessments In:Hood Canal near Belfair Purpose:Recreational use of pier ramp and float Datum:MLLW Adjacent Property Owners: 10, 1)Allen&Gena Black 2)Helene Krasko ET AL Sheet 3 of 4 Date:October 27,2004 Ramp v.ill be fuily grated { TN NMN 34 4 FLADSETH/SEBASTIAN HOOD CANAL REVISED PLAN VIEW MAY 12,2005 6'WIDE FLOAT —� 2'WIDE&RATING 8 4'WIDE GRATING 40' 6'by 65'pier FLADSM WOOD DECK W by 40'romp M"M Funy grated 12.r_.. MHHW -- Ux IACZtAPILING SINGLE14' of 12) STEEL PILING 20' MW u. oa — fits mow---- Corrected depth= +4.6' 10' Foot stops SEBASnAN P LAWN on the small float FLADSETH / SEBASTIAN PROJECT a2 oo Lf p I L/3 J Revised elevation view App:Marine Surveys&Assessments Revised May 12,2005 I In:Hood Canal near Beltair Purpose:Reereatibnal use of pier ramp and float. Datum:MLLW Adjacent Property Owners: 1)Allen&Gena Black 2)Helene Krasko ET AL 4.v u-,t 671 Sheet 4 of 4 Date:October 27,2004