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HomeMy WebLinkAboutPermit File BLD-2021-1040 5203 Doon Way (2) DEPARTMENT OF THE ARMY M\l'17z CORPS OF ENGINEERS,SEATTLE DISTRICT 4735 EAST MARGINAL WAY SOUTH,BLDG 1202 r>� SEATTLE,WA 98134-2388 4G �P O � 2`F STAPES 04 PSr'�1G Regulatory Branch April 11, 2022 Mr. Jason Smith 5203 Doon Way Anacortes, Washington 98221 Reference: NWS-2021-908 Smith, Jason (Float Replacement) Dear Mr. Smith: We have reviewed your application to replace an existing float and ramp with a new 180-square foot float and 160-square foot ramp in Flounder Bay, Puget Sound at Anacortes, 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 June 5, 2021, 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. In order to meet the requirements of the Endangered Species Act (ESA) and Magnuson-Stevens Fishery Conservation and Management Act (MSA) programmatic consultation for Structures in Inland Marine Waters of Washington State (National Marine Fisheries Service (NMFS) Reference Number WCRO-2016-00012, U.S. Fish and Wildlife Service (USFWS) Reference Number 01 EWFW00-2016-F-0565), you must implement and abide by the ESA requirements and/or agreements set forth in the Biological Opinions (BOs) dated September 13, 2016 and January 20, 2017, respectively, and the enclosed NMFS West Coast Region Programmatic Tracking and Response Form dated March 27, 2022, in their entirety. The BOs are available on the U.S. Army Corps of Engineers (Corps) website (Permit Guidebook, Permitting, Regional General Permits, Resources and Templates for Regional General Permit 6 for Structures in Inland Marine Waters). The National Marine Fisheries Service (NMFS) certified the proposed project meets the terms and conditions of the programmatic consultation on March 27, 2022 (NMFS Reference Number WCRO- 2016-00012-4185). Failure to comply with the commitments made in this consultation constitutes non- compliance with the ESA and your Corps permit. The USFWS/NMFS is the appropriate authority to determine compliance with the ESA. If you cannot comply with the terms and conditions of this programmatic consultation, you must, prior to commencing construction, contact the Corps, Seattle District, Regulatory Branch for an individual consultation in accordance with the requirements of the ESA and/or the MSA. -2- b. You shall implement and abide by the mitigation plan, Compensatory Mitigation Plan for Flounder Bay Dock Project — Smith dated February 17, 2022. Mitigation shall be constructed before or concurrent with the work authorized by the permit. c. In order to meet the requirements of the Endangered Species Act you may conduct the authorized activities from July 16 through February 15 in any year this permit is valid. You shall not conduct work authorized by this permit from February 16 through July 15 in any year this permit is valid. d. To ensure that light transmission is not impacted, grating must not be covered with or blocked by any objects, such as, but not limited to, buildings, planters, storage sheds or boxes, nets, carpets, boards, tables, lawn furniture, or utility conduits or boxes. 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. The U.S. Army Corps of Engineers has determined that this project will comply with the requirements of the above laws provided you comply with special condition "a" listed above. Please be reminded that Special Condition "a" of your permit requires that you implement and abide by the Endangered Species Act (ESA) requirements set forth in the programmatic Biological Opinion (BO) for this project. In particular, within 60 days you must provide an As-Built Report, as described in the BO. The Washington State Department of Ecology determined your project does not trigger the need for a Water Quality Certification or a Coastal Zone Management consistency determination. Puget Sound is a water of the U.S. The Section 10 jurisdictional boundaries are shown on the enclosed permit drawings. If you believe these boundaries are inaccurate, you may request a preliminary or approved jurisdictional determination (JD). If one is requested, please be aware that we may require the submittal of additional information to complete the JD and work authorized in this letter may not occur until the JD has been completed. 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 any terms or conditions of this LOP or the JD, you may request an administrative appeal under our regulations (33 CFR Part 331) as described in the -3- enclosed 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. Your signature on this form is our assurance you have conducted the work and any required mitigation in accordance with the terms and conditions of this LOP, including all special conditions. All compliance reports should be submitted to the U.S. Army Corps of Engineers, Seattle District, Regulatory Branch at nws.compliance@usace.army.mil. Please remember that failure to comply with the terms and conditions of this LOP, including any special conditions, will invalidate your authorization and could result in a violation of Federal law. Thank you for your cooperation during the permitting 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 Branch, Permit Information"). While this project will not require further authorization from us, please note that it must comply with all local, State, and other Federal requirements that may apply. A copy of this letter and permit drawings will be furnished to Mr. Tyler Zimmerman, of TZ Engineering, LLC, at tyler@tzengineering.com. If you have any questions about this letter or our regulatory program, please contact Ms. Colleen Anderson at colleen.c.anderson@usace.army.mil or at (206) 764-3262. BY AUTHORITY OF THE SECRETARY OF THE ARMY: Alexander "Xander" L. Bullock Colonel, Corps of Engineers District Engineer Enclosures cc: USFWS (wfwoctap@fws.gov) Ecology (ecyrefedpermits@ecy.wa.gov) DNR (lale.amiotte@dnr.wa.gov) NMFS (owco.wa.consultationrequest@noaa.gov)