HomeMy WebLinkAboutDepartment of the Army Corps Engineers - PLN General - 9/9/2009 DEPARTMENT OF THE ARMY
SEATTLE DISTRICT,CORPS OF ENGINEERS
P.O.BOX 3755
SEATTLE,WASHINGTONON 981243755
REPLY TO
ATTENTION OF
Regulatory Branch
Mr. Neil Werner
Hood Canal Salmon Enhancement Group
Post Office Box 2169
Belfair, Washington 98528
Reference: NWS-2010-604
Hood Canal Salmon
Enhancement Group
Dear Mr. Werner:
We have reviewed your application to install a maximum of 3 engineered logjams, 3 habitat
logjams, and 2 Y-log structures that are associated with the restoration of a 3 acre salt marsh,
removal of a 30" fish blocking culvert, removal of an access road and the associated grading. In
addition, in order to complete the work, a 350-foot by 30 foot section of the Hama Hama River
would be diverted into a temporary diversion channel, in the Hama Hama River at Eldon,
Mason County, Washington. Based on the information you provided to us,Nationwide Permit
(NWP)27,Aquatic Habitat Restoration, Establishment, and Enhancement Activities (Federal
Register, March 12, 2007 Vol. 72,No. 47), authorizes your proposal as depicted on the enclosed
drawings dated September 9, 2009. In order for this NWP authorization to be valid, you must
ensure the work is performed in accordance with the enclosed Nationwide Permit 27, Terms and
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 Appendix G, Programmatic Biological Assessment
Consistency Form for USFWS Restoration Activities, dated August 17, 2009 in its entirety. The
National Marine Fisheries Service (NMFS) concurred with a finding of"may affect, not likely to
adversely affect"based on the 4 (d)Rule, Limit 8 form dated July 2, 2009. 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.
b. In order to meet the requirements of the ESA and for the protection of Puget Sound
Chinook, Puget Sound steelhead, Summer-run Chum, and Puget Sound Coastal bull trout, the
permittee may conduct the authorized activities from July 16 through February 15 in any year
this permit is valid. The permittee shall not conduct work authorized by this permit from
February 16 through July 15 in any year this permit is valid.
-2-
c. If human remains, historic resources, or archaeological resources are encountered during
construction, all ground disturbing activities shall cease in the immediate area and the permittee
shall immediately(within one business day of discovery) notify the U.S. Army Corps of
Engineers (Corps), Seattle District,Regulatory Branch. The permittee shall perform any work
required by the Corps in accordance with Section 106 of the National Historic Preservation Act
and Corps regulations.
The authorized work complies with the Washington State Department of Ecology's
(Ecology) Water Quality Certification and the Coastal Zone Management Act requirements for
this NWP. No further coordination with Ecology is required.
For this project,the U. S. Fish and Wildlife Service is the Federal lead agency responsible
for compliance with Section 7 of the ESA, the Magnuson-Stevens Fishery Conservation and
Management Act, and Section 106 of the National Historic Preservation Act. For the purpose of
this Department of the Army authorization, the Corps has determined that this project will
comply with the requirements of the above laws provided you comply with special conditions
"a"through"c"listed above.
We have determined that the Hama Hama River is a water of the U.S. in the project area.
We have completed an approved jurisdictional determination for your project area dated
May 18, 2010, which can be found on our website at http://www.nws.usace.ariny.mil/click on
Regulatory, Regulatory/Permits, Approved Jurisdictional Determinations. If you object to this
determination, you may request an administrative appeal under our regulations (33 CFR 331) as
described in the enclosed Appeal Process Fact Shedt and the Notification ofAdministrative
Appeal Options and Process and Request for Appeal form.
Upon completing the authorized work, you must fill out and return the enclosed
Certificate of Compliance with Department of the Army Permit form. 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 http://www.nws.usace.army.mil/.
A copy of this letter without enclosures will be furnished to Mr. Pat McCullough of
ESA Inc. 210 Northeast Cherokee Beach Road, Belfair,Washington 98528. If you have any
questions about this letter,please contact me at(206) 764-6883 or via email at
Darren.Habel(a,usace.army.mil.
Sincerely,
Mt*/ 4�Q
Darren Habel, Project Manager
Regulatory Branch
Enclosures