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HomeMy WebLinkAboutDepartment of the Army NWS2007-836-SO-Replace Floats, Piles and Fuel Lines - BLD Permit / Conditions - 11/27/2007 ' DEPARTMENT OF THE ARMY SEATTLE DISTRICT,CORPS OF ENGINEERS P.O.BOX 3755 SEATTLE,WASHINGTONON 98124-3755 REPLY TO ATTENTION OF KV Regulatory Branch North Forty Transportation LLC 22526 SE 64t" Place, Suite 210 Issaquah, Washington 98027 Reference: NWS-2007-836-SO Hood Canal Marina Dear Gentlemen: We have reviewed your application to replace and reconfigure existing floats, replace piles and replace fuel lines and add a effluent line in Hood Canal at Union, Mason County, Washington. Based on the information you provided to us, this "Letter of Permission" (LOP) permit authorizes your proposal as depicted on the enclosed drawings dated August 22, 2007, which are made part of this permit. In order for this LOP authorization to be valid, you must ensure that the work is performed in accordance 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, Union Marina, Union, Washington", dated June 11, 2007, and the addendum dated August 22, 2007, in their entirety. The National Marine Fisheries Service (NMFS) concurred with a finding of"may affect, not likely to adversely affect"based on this document on November 1, 2007 (NMFS Reference Number 2007/05975). 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 October 30, 2007 (USFWS Reference Number 13410- 2007-I-0629). 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 protect PS Chinook, PS steelhead, HC summer chum and CPS bull trout, the permittee may conduct the authorized activities from 16 July through 15 February in any year this permit is valid. The permittee shall not conduct work authorized by this permit from 16 February through 15 July in any year this permit is valid. c. You must take the actions required to record the location and description of the shoreline planting area on your deed with the Registrar of Deeds or other appropriate official charged with the responsibility for maintaining records of title to or interest in real property. Proof of this recorded documentation must be provided to the Olivia Romano, Project Manager, U.S -2- Army Corps of Engineers, Seattle District, Regulatory Branch within 60 days from the date of permit issuance. d. The permittee shall provide a copy of the permit transmittal letter, permit form, and permit drawings to all contractors involved in the authorized work. e. If future operations by the United States require the removal, relocation, or other alteration of the 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, you 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. We have reviewed your project pursuant to the requirements of the Endangered Species Act and the Magnuson-Stevens Fishery Conservation and Management Act in regards to Essential Fish Habitat (EFH). The Corps has determined that this project will comply with the requirements of the above laws provided you comply with special condition "a" and "b" listed above. Please be reminded that Special Condition "a" and"c"of your permit requires that you implement and abide by the ESA requirements and/or agreements set forth in the Biological Evaluation and addendum for this project. In particular, note that the BE and addendum 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. 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. Also, we have completed an approved jurisdictional determination for your project area which can be found on our website at http://www.nws.usaee.army.mil click on Regulatory, Regulatory/Permits, Recent Jurisdictional Determinations. If you object to any terms or conditions of this LOP or the jurisdictional determination, you may request an administrative appeal under our regulations 33 CFR 331 as described in the enclosed Appeal Process Fact Sheet and the Notification of Administrative Appeal Options and Process and Request for Appeal form. Your authorization to conduct the proposed work under this permit expires 3 years from the date of this letter. Within 30 days of 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 -3- the work and any required mitigation in accordance with the terms and conditions of this LOP, including all special conditions. 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. 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: www.nws.usace.army.mil (select"Regulatory" and then"Regulatory/Permits"). 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. A copy of this letter with enclosures is being furnished to Wendell Stroud, Marina Floats Corporation, 1208 East `D' Street, Tacoma, Washington 98421. If you have any questions about this letter or our regulatory program, please contact Olivia Romano at telephone (206) 764-6960 or via email olivia.h.romano(a usace.army.mil. BY AUTHORITY OF THE SECRETARY OF THE ARMY: Michael McCormick Colonel, Corps of Engineers District Engineer Enclosures Hatch �w� ���,,.>' . _ .�..-'-„ , ':• .•• � J f _ HOOD CANAL MARINA 5101 SR-106 Nhu g' Unions WA.98592.•...__ r N a o d C a - I - 5 101 !106 r �! cam1, ........... ' Nl nzan — H o ,o d C a n a l HOOD CANAL MARINA 5101 SR-106 Union�,WA 98592_ -7,TI--- .......... tF f t .. . .... Scale: NTS Sec NW32 T 22N R 3W Lat/Long 47213N/ 122.051 W Corps Reference 0/vt s dO P7. k.3�v S Purpose Private use recreational dock MARINE FLOATS Proposed: To replace and reconfigure floats and Boat Moorage Tacoma WA(253)383-2740 install(23)steel piling with fuel Datum: 0.0 station.Existing float coverage is Adjacent Property Owners: Job Name: Hood Canal Marina In: Hood Canal (1) Julie Saari Job Add: 5101 E State Route 106 At: Puget Sound 5001 E State Route 106 Union WA 98592 Union WA 98592 County: Mason State:WA (2) William W Lomen Mail Add: 22526 SE 64th Place Suite 210 3912 Sunnyside Avenue N Appl by: North Forty Transportation LLC Tacoma WA 98407 Issaquah WA 98027 Date: 4 4W-e/j 1 0-2 Page I of wart: t_t(_2tivu LOCATION OF LEASE, DOCK AREA, PIER, RAMP, PILINGS AND EDGE OF VEGETATION(AS SHOWN ON ELECTRICAL BREAKER BOX ON BAR W/PLASTIC pBl3• AOUATIC LAND LEASE NO. 20-0126 91. AS RECORDED UNDER AUDITOR'S FILE NO. 1755754, RECORDS �5 15 IRON CAP SET OF MASON COUNTY WASHINGTON) ARE FOR ILLUSTRATIVE PURPOSES ONLY AND MAY NOT REFLECT UNLESS OTHERWISE NOTED -i�j•,� UTILITY POLE W/2-CONDU CURRENT CONDITIONS. l/ O . IRON PIPE AS SHOWN ON . CXISTING POWER METER UNRECORDED SURVEY BY RV HOOK-UP POST W/POW! JOHN SWIFT DATED MAY 1965 UNLESS OTHERWISE NOTED EXISTING WATER METER " - SEPTIC CLEAN-OUT —UGP UNDERGROUND POWER UGI-- UNDERGROUND TELEPHONE CAS PUMP 6' CYCLONE FENCE •• ,` 'a„y„ —OHU-- OVERHEAD UTILITIES n 1.0 o ALE! ,y�O''•.,, '•''' 'OUNO IRON PIPE REFERRED TO AS MEANDER CORNER )N PLAT OF WONDERVUE VOLUME + OF PLATS, PAGE �L"""'•••,,, //. J9, AND UNRECORDED SURVEY BY SWIFT DATED MAY, 965. .. �/ BLOCK A RAMP �. Q••-- .__— COVERNMEN^T MEANDER 1 VEGETATION 1 L S T EDGE OF Q __.__.._.._.._.__._._._. In -ATED) 1 , ` LOC ';' cam 40 3 2 1 \ `© Q � cn K 2 ! LLJ O ¢O ' Joe + Iry 1 1►� ^�/'1 I— I c VE CORNER J SEE 1 0.17 E.. OF Q ICE i DETAIL $g ► i W G. CORNER �.. FIRST ,, rjNU A TEL BOx `N .. ..........�. G 'nN�S'nE 11r1. �•-•_- w ^ VACATED h SET BAR &CAP 158'S SETT ._._..._._._..._._._._.' `1 6 CYCLONE FENCE ) OF CLON NC a _ — MPK UGT --+_acr cr � 30 I 30BL,J K U � 3 ` 2 2'IRON PIPE AS SHOWN ON SURVEY BK, 18 PACE 166E:995971.52 "'•.� :'\ .� lF 1 N:7 24244.03 /QS f SCALE J/+'IRON PIPE AS SHOWN \~` '' `• ON SURVEY BK. 12 PAGE 207 CD 0 20 40 80 O P+`t hOL:EG +r t I.-80 DRAWN FOR THE USE OF ro T.vE24;:.11F. ` MARINE FLOATS CORP. ANY OTHER USE OR N;7++59o.s7 SITE PLAN WITH EXISTING FLOAT LAYOUT REPRODUCTION IS PROHIBITED E:99596729 Scale: I'=80' Sec NW32 T 22N R 3W Lat/Long 47.213N/ 122.051 W Corps Reference"/ytI/s. ,7 a� Purpose: Private use'recreat Iona I dock MARINE FLOATS Proposed: To replace and reconfigure floats, and Boat Moorage Tacoma WA(253)383-2740 install(23)steel piling with fuel Datum: 0.0 station.Existing float coverage is Job Name: Hood Canal Marina Adjacent Property Owners: In: Hood Canal (1) Julie Saari Job Add: 5101 E State Route 106 At: Puget Sound 5001 E State Route 106 Union WA 98592 Union WA 98592 County: Mason State:WA (2) William W Lomen Mail Add: 22526 SE 64th Place Suite 210 Appl by: North Fort Transportation cation LLC 3912 Sunnysside8 A0venue N Issaquah WA 98027 y Tacoma W d Date: 61.18fA,z `j Eq Page 2 of \ �z \ m \ l / �qfe \\ 0 +b2 \ `y \ 3p• 8;r \ \ P / GOVERMENT MEANDER �----.... LINE � Z, P �iS• {i. (3) EXISTING PILING \ �'9• \ 9. P \ - EX iST1NG FLOAT COVERAGE IS 5622 S0. FT. - (23) EXISTING CREOSOTE PILING TO BE REPLACED WITH STEEL. co DRAWN FOR THE USE OF MARINE FLOATS CORP. 0 10 25 50 EXISTING FLOAT LAYOUT ANY OTHEROR REPRODUCTIONON IS P PROHIBITED SCALE V-50' Scale: 1"=50' Sec NW32 T 22N R W Lai/Long 47.213N/ 122.051W Corps Reference" Purpose: Private use recreational dock MARINE FLOATS Proposed: To replace and reconfigure floats, J and Boat Moorage Tacoma WA(253)383-2740 install(23)steel piling with fuel Datum: 0.0 station.Existing float coverage is .9622,new float coverage is fil-9 Adjacent Property Owners: Job Name: Hood Canal Marina In: Hood Canal (1) Julie Saari Job Add: 5101 E State Route 106 At: Puget Sound 5001 E State Route 106 Union WA 98592 Union WA 98592 County: Mason State:WA (2) William W Lomen Mail Add: 22526 SE 64th Place Suite 210 Appl by: North Forty Transportation LLC 3912 Sunnyssidde8 Avenue N Issaquah WA 98027 Tacoma WW Date: 64*/e7 �y� 7 Page 3 of Ivv I L; LEGEND LOCATION OF LEASE. DOCK AREA, PIER, RAMP, PILINGS AND EDGE OF VEGETATION(AS SHOWN ON AQUATIC LAND LEASE NO. 20-012691. AS RECORDED UNDER AUDITOR'S FILE NO. 1755754,RECORDS /5 IRON BAR W/PLASTIC _��... UTILITY POLE W/2"CONDL OF MASON COUNTY WASHINGTON)ARE FOR ILLUSTRATIVE PURPOSES ONLY AND MAY NOT REFLECT YELLOW CAP SET U CURRENT CONDITIONS. UNLESS OTHERWISE NOTED - EXISTING POWER METER O - IRON PIPE AS SHOWN ON - RV HOOK-UP POST W/POW UNRECORDED SURVEr BY JOHN SWIFT DATED MAY 1965 - EXISTING WATER METER UNLESS OTHERWISE NOTED -UGP-- UNDERGROUND POWER - SEPTIC CLEAN-OUT "ZT"" UNDERGROUND TELEPHONE 6'CYCLONE FENCE -OHU OVERHEAD UTILITIES ,R 9T� O FOUND IRON PIPE REFERRED TO AS MEANDER CORNER ON PLAT OF WONDERWE VOLUME 4 OF PLATS, PAGE ��9'•„'"" ^� 139, AND UNRECORDED SURVEY BY SWIFT DATED MAY, a /•'••'"o l_ 1965. i•, s� ti0 20\ 0,� BLOCK A O'-__________...,CO�'FRNMENT MEAN ,','�40 c`"�````,• o ` EDGE OF VEGETATION N AL ST. ' ..............__..._.._......._.............._.........__.__._.._....._.._......_....._.......... - ........_.._.......... ACATED) 1 _.....,..........._ r 0C 1 t I � 4 � 3 2 � 1 ` tliz) ! CK 2 j W go": t ` t \� � i t � PAVE CORNER ; J SEE ,; t i S.. 0.17 E.. OF Q , CORNER ' DETAIL j t FI R S T fj aNu TEL BOX ' 1In1 „ SET BAR &CAP 3,58'S. serf (VACATED) in -� 6 CYCLONE r...... "•u i_. I 0 30 _ Q • I 2"IRON PIPE AS SHOWN D ON SURVEY BK. 18 PAGE 16`_Q ••,;y4jC, I __ as N:74 7244,03 (p;� C ...... E:995971.51 �� S� ENTER 3/4 IRON PIPE AS SHOWN i SCALE T•, ON SURVEY BK. 12 PAGE 201 0 20 40 80 rr car_., S ,DRAWN FOR THE USE OF FC, NAIN MARINE FLOATS CORP. 'Rs? ANY OTHER USE OR N:744590.57 SITE PLAN WITH PROPOSED FLOAT LAYOUT REPRODUCTION IS PROHIBITED E:995967.29 Scale: 1'•=80' Sec NW32 T 22N R 3W Lat/Long 47.213N/ 122,051 W Corps Reference" SO Purpose: Private use recreational dock MARINE FLOATS Proposed: To replace and reconfigure floats, and Boat Moorage Tacoma WA(253)383-2740 install(23)steel piling with fuel Datum: 0.0 station.Existing float coverage is 5622 Adjacent Property Owners: Job Name: Hood Canal Marina In: Hood Canal (1) Julie Saari Job Add: 5 10 1 E State Route 106 At: Puget Sound 5001 E State Route 106 Union WA 98592 Union WA 98592 County: Mason State:WA (2) William W Lomen Mail Add: 22526 SE 64th Place Suite 210 3912 Sunnyside Avenue N Appl by: North Forty Transportation LLC Tacoma WA 98407 Issaquah WA 98027 Date: 648J$T-G p �.1. (1'� Page 4 ofir \ \ I \ ZZ qOG� \ 49. CD A GOVERNENi MEANDER �'—" LINE ♦ p P 11UL.- PROPOSED NEW FLOAT COVERAGE IS 5619.53' SO. FT. THE NEW WALKWAYS AND FINGERS WILL HAVE 50% FUNCTIONAL GRATING INSTALLED. �r O A`tCI) DRAWN FOR THE USE OF 0 10 25 50 MARINE FLOATS CORP. SCALE: 1'=50' PRDPQ ED F 0 T LAYOUT THER USE OR REPRODUCTIONYOISPROHIBITED Scale: I`=50' Sec NW32 T 22N R 3W Lat/Long 47.213N/122.051W Corps Reference Purpose: Private use recreational dock MARINE FLOATS Proposed: To replace and reconfigure floats and Boat Moorage Tacoma WA(253)383-2740 install(23)steel piling with fuel Datum: 0.0 station. Existing float coverage is Adjacent Property Owners: Job Name: Hood Canal Marina In: Hood Canal (1) Julie Saari Job Add: 5101 E State Route 106 At: Puget Sound 5001 E State Route 106 Union WA 98592 Union WA 98592 County: Mason State:WA (2) William W Lomen - Mail Add: 22526 SE 64th Place Suite 210 3912 Sunnyside Avenue N Appl by: North Forty Transportation LLC Tacoma WA , Issaquah WA 98027 Date: REVISED 8/22/07 Page 5 of 0 c� 69" \ 49- P �6�• I .� GOVERMENT MEANDER LINE f I Q�4Q' � b./ s �6• Q) t:XISTING PtiANG / I P NOTE, - EXISTING FLOAT COVERAGE IS 5622 SO. FT. - (23) EXISTING CREOSOTE PILING TO BE REPLACED WITH STEEL. - PROPOSED NEW FLOAT COVERAGES IS 5619 SO. FT. .�r O A`tC:) o 10 25 50 DRAWN FOR THE USE OF MARINE FLOATS CORP. SCALE I'=50' ANY OTHER USE OR EXISTING AND PROPOSED FLOAT LAYOUT OVERLAY REPRODUCTION IS PROHIBITED Scale: I"=50' Sec NW32 T 22N R 3W Lat/Long 47.213N/ 122.051W Corps Referencey3�`� ' Purpose: Private use recreational dock MARINE FLOATS Proposed: To replace and reconfigure floats, and Boat Moorage Tacoma WA(253)383-2740 install(23)steel piling with fuel Datum: 0.0 station.Existing float coverage is Adjacent Property Owners: Job Name Hood Canal Marina In: Hood Canal (1) Julie Saari Job Add: 5101 E State Route 106 At: Puget Sound 5001 E State Route 106 Union WA 98592 Union WA 98592 County: Mason State:WA (2) William W Lomen Mail Add: 22526 SE 64th Place Suite 210 3912 Sunn side Avenue N Appl by: North Forty Transportation LLC Tacoma VA 98407 Issaquah WA 98027 Date: 44$197 � W02Page 6 of EXISTING PIER AND RAMP TO REMAIN MHHW .85' MHWL 10. 7' 4' CONCRETE BULKHEAD MHHWL 2'-4' UP (1) OF (21) STEEL PILING DRIVEN TO REFUSAL. -14.0' SEE FIGURE 4 OF BIOLOGICAL EVALUATION FOR DATUM. SECTION VIEW AT HIGH AND LOW WATER .ot O A'� DRAWN FOR THE USE OF MARINE FLOATS CORP. ANY OTHER USE OR REPRODUCTION IS PROHIBITED Scale: 1"=30' Sec NW32 T 22N R 3W Lat/Long 47'213N/ 122.051W Corps Reference" N - 1tJ'J� 3 s� Purpose: Private use recreational dock MARINE FLOATS Proposed: To replace and reconfigure floats, and Boat Moorage Tacoma WA(253)383-2740 install(23)steel piling with fuel Datum: 0.0 station.Existing float coverage is Job Name: Hood Canal Marina Adjacent Property Owners: In: Hood Canal (1) Julie Saari Job Add: 5101 E State Route 106 At: Puget Sound 5001 E State Route 106 Union WA 98592 Union WA 98592 County: Mason State:WA (2) William W Lomen Mail Add: 22526 SE 64th Place Suite 210 3912 Sunn side Avenue N Appl by: North Forty Transportation LLC Tacoma WA 98407 Issaquah WA 98027 Date: 6LI8f07 Page 7 of l 1 1 I .11 +y�QPPS Op� US Army Corps ^ of Engineers Seattle District CERTIFICATE OF COMPLIANCE Se WITH DEPARTMENT OF THE ARMY PERMIT PON Permit Number: NWS-2007-836-SO Name of Permittee: North Forty Transportation LLC/Hood Canal Marina Date of Issuance: NOV 2 7 2007 Upon completion of the activity authorized by this permit, please check the applicable boxes below, sign this certification, and return it to the following address: Department of the Army U.S. Army Corps of Engineers Seattle District, Regulatory Branch Post Office Box 3755 Seattle, Washington 98125-3755 Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with the terms and conditions of your authorization, your project is subject to suspension, modification or revo cation. ocation. The work authorized b the above-referenced-y ove referenced permit has been completed in accordance with the terms and conditions of this permit. ❑ The mitigation required (not including monitoring) by the above-referenced permit has been completed in accordance with the terms and conditions of this permit. Signature of Permittee US Army Corps !+ � Letter of Permission PPS OF a` " of Engineers n Seattle District General Conditions February 24, 2003 l. Reliance on Permittee's Information. In authorizing this work under this Letter of Permission (LOP),the Department of the Army has relied, in part,on the information provided by the permittee. If this information proves to be false, incomplete, or inaccurate,the permittee's authorization may be modified, suspended, or revoked, in whole or in part. 2. Compliance with Terms and Conditions. Projects authorized by this LOP shall comply with all terms and conditions herein and any case-specific conditions added or required by the District Engineer. Failure to abide by these terms and conditions invalidates this authorization and may result in a violation of federal law,wh ich ma y re that y require q the permittee restore the site or take other remedial action. Activities requiring Department of the Army authorization that are not specifically authorized by this LOP are prohibited unless authorized by another Department of the Army permit. 3. Contractor's Copy of Permit. The permittee shall provide a copy of the LOP(letter, drawings, and general conditions)to each contractor involved in the project and keep a copy of the LOP available for inspection at the project site. 4. Compliance Certification. Within 30 days of completing the authorized work,the permittee shall submit to the issuing office certification that the work, including any required compensatory mitigation,was conducted in accordance with the provisions of this LOP. 5. Access for Inspection. The permittee shall allow the District Engineer or his/her authorized representative to inspect the project whenever deemed necessary to assure that the work is being, or has been, accomplished in accordance with the terms and conditions of this pen-nit. 6. Limits of Authorization. This permit does not: a. Obviate the requirement to obtain all state, local, or other federal authorizations required by law for the activity authorized herein, including any authorization required from Congress; b. Convey any property rights,either in real estate or material, or any exclusive privileges; c. Authorize any injury to property, invasion of rights, or any infringement of federal, state, or local laws or regulations; or d. Authorize the interference with any existing or proposed federal project. 7. Limits of Federal Liability. This permit is not an approval of the design features of any authorized project or an implication that such work is adequate for the intended purpose; a Department of the Army permit merely expresses the consent of the Federal Government to conduct the proposed work insofar as public rights are concerned. In issuing this LOP,the Federal Government does not assume any liability for the following: a. Design or construction deficiencies associated with the authorized work; b. Damages to the permitted project or rises thereof as a result of other permitted activities or from natural causes, such as flooding; c. Damages to persons,property, or to other permitted or unauthorized activities or structures caused by the activity authorized by this permit; d. Damages associated with any future modification, suspension, revocation of this permit; or e. Damage to the permitted project or uses thereof as a result of current or future activities undertaken by, or on behalf of,the United States in the public interest. 8. Obstruction of Navigation. 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 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. If the permittee fails to comply with the direction of the Corps of Engineers,the District Engineer may restore the navigable capacity of the waterway, by contract or otherwise, and recover the cost thereof from the permittee. 9. Navi ation. The authorized work shall not interfere with the public's right to free navigation on navigable waters of the United States. 10. Tribal Rights. No activity authorized by this permit may impair reserved tribal rights, including, but not limited to,reserved water rights and treaty fishing and hunting rights. Please be aware that certain Tribes assert a right to attach nets to piers, docks,wharves, and other structures that may have been authorized by Department of the Army permits. 11. USACE Coordination. The permittee shall contact the appropriate office of the U.S. Army Cos rp of Engineers prior to commencing any construction in a federally maintained channel and/or waterway. 12. Stability. The permittees shall design projects to be stable against the forces of flowing water, wave action, and the wake of passing vessels. 13. Maintenance. The permittee must maintain all structures and work authorized by this LOP in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this responsibility if you abandon the authorized activity unless you complete a good faith transfer to a third party in compliance with General Condition 14, below. Should you wish to cease to maintain the authorized activity or abandon it without a good faith transfer, you must obtain a modification of this LOP from this office,which may require restoration of the area. 14. Transfer of Ownership. If you sell the property associated with this permit,the new owner must agree in writing to comply with all terms and conditions of this permit. A copy of that written agreement must be submitted to the issuing office to validate the transfer of this authorization. 15. Marking Structures. Permittees shall install and maintain any lights, signals, or other appropriate markers necessary to clearly designate the location of structures or work that might pose a hazard to public safety. Permittees shall abide by U.S. Coast Guard requirements concerning the marking of structures and work in navigable waters of the United States. 16. Endangered Species. This LOP does not authorize any activity that is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Endangered Species Act(ESA). Prospective pennittees must notify the District Engineer if any listed species or designated critical habitat might be affected by, or is in the vicinity of, the project and shall not begin work until notified by the District Engineer that the requirements of the ESA have been satisfied and that the activity is authorized. 17. Historic Properties. This LOP does not authorize any activity that may affect historic properties listed,or eligible for listing, in the National Register of Historic Places (NRHP)until the provisions of 33 CFR 325,Appendix C,have been satisfied. Historic properties include. — prehistoric and historic archeological sites, and areas or structures of cultural interest. A prospective permittee must notify the District Engineer if the proposed activity may affect an historic property that is listed, eligible for listing,or may be eligible for listing in the NRHP, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. If a previously unknown historic property is encountered during work authorized by this LOP,the pertnittee shall cease work immediately,notify the District Engineer of the situation within one day of discovering the impact, and avoid any further impact to the property until the District Engineer verifies that the requirements of 33 CFR Part 325,Appendix C, have been satisfied. 18. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System or in a river officially designated by Congress as a"study river"for possible inclusion in the system while the river is in an official study status unless the federal agency(e.g., National Park Service,U.S. Forest Service, Bureau of Land Management,U.S. Fish and Wildlife Service)with direct management responsibility for that river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. 19. Alternatives. Activities authorized by LOP shall be designed and constructed to avoid and minimize adverse impacts to waters of the United States to the extent practicable through the use of alternatives. 20. Minimization of Environmental Impact. Permittees shall make every reasonable effort to conduct the authorized work in a manner that minimizes the adverse impact of the work on water quality and stream flow, fish and wildlife,and the natural environment,including adverse impacts to migratory waterfowl breeding areas, spawning areas, shellfish beds, and aquatic resource buffer zones. Work should be limited to periods of low flow and/or low tide when practicable. 21. Compensato . Mitigation. Appropriate and practicable compensatory mitigation shall be required to the extent necessary to ensure that the authorized activities would not have more than a minor adverse impact on the aquatic environment. 22. Soil Erosion and Sediment Controls. Permittees shall use and maintain appropriate erosion and sediment controls in effective operating condition and permanently stabilize all exposed soil and other fills, including any work below the ordinary high water mark or high tide line(in Seattle District,the high tide line is located at the"mean higher high water"line), at the earliest practicable date using native vegetation to the maximum extent practicable. The permittee shall remove all installed controls as soon as they are no longer needed to control erosion or sediment. 23. Equipment. Permittees shall place heavy equipment working in wetlands on mats, and take all other appropriate measures to minimize soil disturbance. 24. Disposal of Construction Debris. Except as specifically authorized by this LOP,all construction debris and excess materials resulting from the authorized work shall be properly disposed of, and in a manner that does not allow it to enter into a waterway or otherwise degrade water quality. 25. Aquatic Life Movements. The work shall not substantially disrupt the necessary life-cycle movement of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area. 26. Skirtine. The attachment of skirting to a pier, dock, float or similar structure is prohibited-unless specifically authorized. 27. Water Supply Intakes. Permittees shall ensure that activities authorized by this LOP have no more than a minimal adverse impact on public water supply intakes. 28. Hazardous Materials. Permittees shall take all reasonable precautions to prevent any petroleum "` 1 - -j �t product, chemical, or other toxic or deleterious material �_ from entering any waterbody. Should a spill occur,or if ? . iNorthwe� .. i an oil sheen or distressed or dying fish are observed inJg the project vicinity, the permittee shall immediately saiif6ftsi cease work and contact the appropriate Washington Department of Ecology regional spill response office: ---- (360)407-6300, Southwest Region; (425)649-7000, •__:: - Northwest Region; (509)575-2490, Central Region; or (509)456-2926, East Region. 29. Re-evaluation of Decision. The Corps may re-evaluate it's decision to authorize the work by a LOP whenever circumstances warrant. Such circumstances may include, but are not limited to,a failure on the part of the permittee to comply with the terms and conditions of the LOP; the permittee having submitting information in support of the permittee's application that proves to be false, incomplete,or inaccurate; or this office receiving pertinent new information that it did not consider during its original public interest review. Subsequent to its re-evaluation, the Corps may suspend, modify, or revoke its authorization pursuant to 33 CFR 325.7 or initiate an enforcement action as provide for in 33 CFR 326.4 and 326.5. 30. Extension of Time. A permittee may request an extension of the time allowed to complete the authorized activity,providing the reasons for the extension. The request must be submitted to this office well in advance of the above expiration date. Unless there are circumstances requiring either a prompt completion of the authorized activity or a re-evaluation of the public interest decision, the Corps normally gives favorable consideration to a request for an extension of this time limit.