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<br /> <br /> <br /> <br />August 18, 2021 <br />DEPARTMENT OF THE ARMY <br />SEATTLE DISTRICT, CORPS OF ENGINEERS <br />P.O. BOX 3755 <br />SEATTLE, WASHINGTON 98124-3755 <br /> REPLY TO <br /> ATTENTION OF <br />Regulatory Branch <br /> <br /> <br /> <br /> <br />Mr. Greg Van Zandt <br />5301 Doon Way <br />Anacortes, Washington 98221 <br /> <br /> Reference: NWS-2021-209 <br /> Van Zandt, Greg <br /> <br />Dear Mr. Van Zandt: <br /> <br />We have reviewed your application to replace piling and floats in Flounder Bay (Skyline <br />Marina) at Anacortes, Skagit County, Washington. Based on the information you provided to us, <br />Nationwide Permit (NWP) 3, Maintenance (Federal Register January 6, 2017, Vol. 82, No. 4), <br />authorizes your proposal as depicted on the enclosed drawings dated August 7, 2021. In order <br />for this authorization to be valid, you must ensure the work is performed in accordance with the <br />enclosed NWP 3, Terms and Conditions and the following special condition: <br /> <br />a. No residue from construction activity shall be allowed to remain in waters of the <br />U. S. The permittee must install and maintain debris collection measures until all project <br />operations are complete. <br /> <br />b. In order to meet the requirements of the Endangered Species Act (ESA) and Magnuson- <br />Stevens Fishery Conservation and Management Act (MSA) Phase I programmatic consultation <br />(National Marine Fisheries Service (NMFS) Reference Number 2005-07506; U.S. Fish and <br />Wildlife Service (USFWS) Reference Number 01EWFW00-2015-I-0104), you must implement <br />and abide by the List of Requirements for Piling Replacement dated May 3, 2017, available on <br />the U.S. Army Corps of Engineers (Corps) website (Permit Guidebook, Endangered Species, <br />Programmatic Consultations, Various Activities throughout Washington State typically <br />authorized by Nationwide Permit (Phase I)). In addition, you must comply with the relevant <br />conservation measures in the General Implementation Conditions also available on the Corps <br />website. Failure to comply with the commitments made in this document constitutes non- <br />compliance with the ESA and your Corps permit. If you cannot comply with the terms and <br />conditions of this programmatic consultation, you must, prior to commencing construction, <br />contact the Corps, Seattle District, Regulatory Branch for an individual consultation in <br />accordance with the requirements of the ESA and/or the Magnuson-Stevens Fishery <br />Conservation and Management Act. The USFWS/NMFS is the appropriate authority to <br />determine compliance with the ESA.