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Home My WebLink AboutDepartment of the Army Ref. 200601082 - PLN General - 9/4/2007 DEPARTMENT OF THE ARMY SEATTLE DISTRICT,CORPS OF ENGINEERS P.O.BOX 3755 • SEATTLE,WASHINGTON 98124-3755 REF 4 LoU1 RECEIVED REPLY TO v ATTENTION OF � AA '/ Regulatory Branch �� ova O� _17 —D 005 o KP 10 2001 426 W. CEDAR ST. Ms. Edwina Bent and Mr. Gorden Kauhanen 1165 Castro Road Monterey, California 93940 Reference: 200601082 Bent, Edwina & Kauhanen, Gorden Dear Ms. Bent and Mr. Kauhanen: 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 a moorage float using existing piling, we have determined that the proposed work meets these requirements and is authorized by this LOP. The proposed work would occur in Hood Canal, Puget Sound near Belfair, Mason County, Washington. The purpose of the proposed project is to provide water related recreation and boat moorage. Your authorization to conduct the proposed work under this LOP is contingent upon you conducting the work as shown in the enclosed drawings dated September 8, 2006, 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 Biological Evaluation dated August 18 and/or agreements set forth in the informal gi gu , 2006 in its 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 August 15, 2007 (USFWS Reference Number 1-3-03-I-0093). The National Marine Fisheries Service (NMFS) concurred with a finding of"may affect, not likely to adversely affect"based on this document on May 3, 2007(NMFS Reference Number 2006/05329). 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 U.S. Army Corps of Engineers permit. The USFWS/NMFS is the appropriate authority to determine compliance with ESA. -2- b. In order to protect Chinook salmon,bull trout, surf smelt and pacific herring, 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. Failure to comply with the commitments made in the Biological Evaluation constitutes p to non-compliance with the ESA and your Corps permit. Your authorization to conduct the proposed work under this permit expires SEP 4 2010 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. If you object to this permit decision, you may request an administrative appeal under our regulations as described in the enclosed Appeal Process Fact Sheet and the Notification of Administrative 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 to the address indicated on the form. Your signature on this form is our assurance you have conducted the work 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 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"and"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. 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://�,m,w.eey.wa. oilpro�ramslvea/pacl, r -3- 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 www.nws.usace.anny.mil click on Regulatory—Regulatory/Permits. At your request, we will mail you a paper copy that you may complete and return to us by mail or fax. A copy of this letter without enclosures is being furnished to Marine Surveys &Assessments at 521 Snagstead Way, Port Townsend, Washington 98368. If you have any questions about this letter or our regulatory program, please contact Mr. Jim Green at telephone (206) 764-6906 or via email fames.d.grreen(a,,usace.army.mil. BY AUTHORITY OF THE SECRETARY OF THE ARMY: ichael McCormick Colonel, Corps of Engineers District Engineer Enclosures ry� .J��aJY �"ter��\\\\ \�\b/�`a'..a► // _I� •' fir} f��.....` `\\"y�Il� � � _ r/I;/`� ��f � l• � � �. �_ •Lid/ i woI wit n IMM CIA lot I •. 1 ' 1• 1 71 1 era � � m r i rr HOOD CANAL 0' 25' 50' 100, are e Xr`5`fi�+►g, - 200' PROPOSED FLOAT STRUCTURE - 150' 78' 96' — 100, • 150' EXISTING PIER,RAMP AND FLOAT — 50' All dimensions are approximate 85' � NATURAL SHORELINE SR 106 BENT AND KAUHANEN FLOAT PROJECT SITE PLAN 08/16/06 s�ee+ z. o�3 g S ep 2 � 2' .E One of four existing piles Bent and Kauhanen 22' One-foot Gratin Moorage Float grating g Depth ranges from -5.0' to -8.0' in the float area • 6' IE 5'�tF-15'iI 0' 5' 10' TN Approximately 78' Zoo<Po l 082. Existing pier, gc►�t f ;'�Q�ka�� ramp and f ioat�.-` structure i I 100' to beginning of �heG� 3 o-F 3 pier Z-0erG I