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HomeMy WebLinkAboutMLA14-00089 ; r �r.�^ . JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT `'. 621 Sheridan Street, Port Townsend,WA 98368 I Web:www,co.jefferson,wa.us/communitydevelopment Tel: 360.379.4450 I Fax:360.379.4451 I Email:dcd©co.jefferson.wa.us SquareONE Resource Center I Building Permits&Inspections I Development Review I Long Range Planning April 14, 2015 Dear Reviewer, RE: MLA14-00089 Jefferson County has forwarded the attached application to you for review and comment because your agency is responsible for determining compliance with state and federal requirements or may otherwise be affected by the following proposal: SHORELINE CONDITIONAL ADMINISTRATIVE (C(a))AND FLOOD DEVELOPMENT PERMITS for a RESIDENTIAL MOORING BUOY located in South Port Townsend Bay: 48.00329 N lat. /-122.7397 W long. The buoy will be installed by Alpha Marine Installations utilizing a helix anchor with hydraulic drive and mid-line float to moor a recreational vessel. The helix anchor will and buoy system will be installed in accordance with the DNR requirements. Location: Site address: 141 Old ferry Road,Port Hadlock, WA: PORTAGE BAY PARK 10 (ENLGD BY TAX 35) & T.L. FRTG (Parcel Number 989-100-009) Comments must be received within fourteen (14) calendar days or by j'f 9Vi 2Z, 2015. If no written response has been received within fourteen (14) days, your agency will be presumed to have no comments. If necessary, the UDC administrator may grant an extension of time for comment. Please contact at(360)379-4450 if you desire an extension of time or have additional questions regarding this proposal. Thank you in advance for your attention to this matter. Sincerely, Michelle Farfan Michelle Farfan /, ox\ . �, . O6 JEFFERSON COUNTY �c /w0 . J 1 r j DEPARTMENT OF COMMUNITY DEVELOPMENT f' ` 621 Sheridan Street • Port Townsend •Washington 98368 4:‘ 360/379-4450 •• 360/379-4451 Fax S P �� ,q p/ www.co.jefferson.wa.us/commdevelopment S Master Permit Application MLA: 1 q , gq Project Description(include separate sheets as necessary): alt.r‘ buoy o'er- of - re..S1c_tiv_1 ,I Prop"v Tax.Parcel N fiber: . 7/GOOq __— Property Size: '�J (acres/square feet) Site Address and/or Directions to Property: 141 Old Ferro)\ ie-c-I . Pori- I-ittd ocic __ Property Owner(s)of ReVord: TeY'ri,� 4 'EG1rba y-c S . .9 Y Telephone:AD(D 7,-1— .. 3".7 / Fax: 2,p6o 66 col 30 email: rb s( )p ith_and Levy . Mailing Address: f q1 Old FeP-rt� Jed.) o rl-- )- J-l oc.�� W Y}- q 8.33` C. Applicant/Agent(if different from owner): v-b Siv-cap r Telephone: a0(p El "'2 t3 Fax: email: QYb Tit a lQVC •COW Mailing Address: SaYv..e, _y What kind of Permit?(Check each box that applies ❑ Lot or Road Segregation ❑Building ❑ Critical Areas Stewardship Plan ❑ Demolition Permit ❑Variance(Minor, Major or Reasonable Economic Use) ❑ Single Family ❑Garage Attached/Detached ❑Conditional Use[C(a), C(d),or C]** ❑ Manufactured Home .❑ Modular ❑ Discretionary"D"or Unnamed Use Classification �-! Commercial* ❑Special Use(Essential Public Facilities)** ❑ Change of Use ❑ Boundary Line Adjustment ❑ Address ❑ Road Approach_ ❑ Short Plat** ❑ Home Business ❑ Cottage Industry ❑ Binding Site Plan** ❑ Propane ❑ Long Plat** 0 341 ❑ Plannea Rural Residential Development(PRRD)/Amendments** ❑Allowed"Yes"Use Consistency Analysis ❑ Plat Vacation/Alteration** ❑ Stormwater Management ❑ Shoreline Master Program Exemption/Permit Revisions** ❑ Site Plan Approval Advance Determination(SPAAD)* ❑Shoreline Management Substantial Development** C Temporary Use Shoreline Managementlla4auce'G4 a, ❑Wireless Telecommunication* ❑ Comprehensive Plan/UDC/Land Use District Map Amendment ❑ Forest Practices Act/Release of Six-Year Moratorium ❑Jefferson County Shoreline Master Program Amendment *May require a Pre—Application Conference ❑Tree Vegetation Request **Requires a Pre-Application Conference Please identify any other local,state or federal permits required for this proposal, if known: DESIGNATION OF AGENT I hereby designate _ to act as my agent in matters relating to this application for permit(s). OWNER SIGNATURE Date: 1 By signing this application form,the owner/agent attests that the information provided herein,and in any attachments,is true and correct to the hest of I his,her or its knowledge. Any material falsehood or any omission of a material fact made by the owner/agent with respect to this application packet may result in this permit being null and void. I further agree to save,indemnify and hold harmless Jefferson County against all liabilities,judgments,court costs,reasonable attorney's fees and expenses which may in any way accrue against Jefferson County as a result of or in consequence of the granting of this permit. I further agree to provide access and right of entry to Jefferson County and its employees,representatives or agents for the sole purpose of application review and any required later inspections. Staffs access and right of entry will be assumed unless the applicant informs the County in writing at the time of the applicafon that he or s e wants .rior notice. / Signatur— -. ' Date: ? / The action or actions Ap•i(ant will undertake as a result of the issuance of this permit may negatively impact •pon one or more threatened or endangered species and could lead to a potential"take"of an endangered species as those terms are defined in the federal law known as the "Endangered Species Act"or"ESA."Jefferson County makes no assurances to the applicant that the actions that will be undertaken because this permit has been issued will not violate the ESA. Any individual,group or agency can file a lawsuit on behalf of an endangered species regarding your action(s)even if you are in compliance with the J-•-rson County development code.The Applicant acknowledges that he,she or it holds individual and non-transfer respo sibility for adh)Agziror d omplying with the ESA. The Applicant has read this disclaimer and signs and date it it below. Signature: #/ 01 4A. /II■ .',.o,. Date: 7/ i ? // idemark\data\torms\I- BUJ Permit Propane.rpt 6/9izu14 / G:\PemvtCenter\###FORMS##7\DRD-FORMS\Current DRD Forms\Master Permit Application 5-29-08.doc BUILDER STATEMENT The signer of this statement does hereby certify that they are the Owners of the parcel referenced herein,that they are not licensed contractors and that they wit be assuming the responsibility of the General Contractor for the proposed project. Sig .ture: Date: GENERA.CONTRACTOR OR MANUFACTURED HOME INSTALLER: PHONE: FAX: ( ) ( ) MAILING ADDR. S: EMAIL: CONTRACTOR'S L ENSE WAINS NUMBER: NUMBER ARCHITECT/ENGINEER: PHONE ( ) FAX:( ) MAILING ADDRESS: EMAIL Project Type: Frame Type: Bathrooms: S • eline: Type of Sewage Disposal: C. New Wood Existing: E Sewer I_ Addition ❑ eel Proposed: Bank j C Community System • Alteration/Remodel ❑ Co ete Total: Height: ❑ Individual System • Repair 0 Mason • — SEP Permit# L Demolition Other: Bedrooms: Water Supply: Existing: Setback: ❑ Private well ❑ Two Party Type of Heat: Propose.: U Public Total: Name of System: If this is a Commercial Project you must answer t, :following , Number of Parking Spaces: Current: Proposed: N Number of ADA Parking Spaces: Number of occupants(includes owners,tena .,employees, etc) Current\ Proposed • IBC Occupancy: IBC Type construction: \ Will you have Food Service? Yes / No If this is a Propane Tank and/or Ap. *-nce Installation permit,mark all items below that apply: Underground Tank Above gr. nd Tank Size of Propane Tank: Heat Stove Cook Stove Woodstove i Fireplace Insert Hot Water Tank i Pellet Stove ! Other Is this appliance being stalled in a Manufactured/Mobile Home? Yes / No When applying for permit to install a propane tank you must also submit a site plan showing all of the buildings,all property lines, tank loc on and size,distances from the propane tank to all property lines,buildings and septic system components, including -reserve area. Square Footage Current Proposed For Office Use Only Amount Revision Main Floor Heated EH Bld App Review: 2`d Floor Heated co Other Heated ,fie: • S6 t Mezzan e cs�j 4 e �� Heated Bas- ent `© ..°r3 Le 1 ,rd _ Unheated Baseme t State Surcharge fee: Other Unheated ( Pot Water Review fee: Garage/Carport SUBTOTAL Decks 911/Rd Approach fee: y�r Other TOTAL: $ e\ci5J 00 Receipt Number: Cash/Check Number: COST(REQUIRED) Date: •Fair market value of all labor and materials foundation to finish 1 0) a7"/ ('-t Initials: G:\PermitCenter\###FORMS###\DRD FORMS\Current DRD Forms\Master Permit Application 5-29-OS.doc • a,..„; 0 Erni n e, {), es■ -i•-\-0:.-ki 4-,,,-. AGENCY USE ONLY ' o Eng'tr Crosnos s Date received: it -2.i-t P7 Town WASHINGTON STATE Seattle°.stn -Application Fee Received; ZFee N/A Joint Aquatic Resources Permit X New Application; Li Renewal Application Application (JARPA) [help] Type/Prefix#: ; NaturE Use Code: ti(i! LM Initials&BP#: 0'1_, 1; (p I_i l CI RE Assets Finance BP#: New Application Number: Attachment E: Trust(s): ; County: Aquatic Use Authorization on AQR Plate#(s): Department of Natural Resources Govl.o> #(s): Tax Parcel#(s): (DNR)-managed aquatic lands [help] Complete this attachment and submit it with the completed JARPA form only if you are applying for an Aquatic Use Authorization with DNR. Call (360) 902-1100 or visit www.bit.ly/dnr aquatic lease for more information. • DNR recommends you discuss your proposal with a DNR land manager before applying for regulatory permits. Contact your regional land manager for more information on potential permit and survey requirements. You can find your regional land manager by calling (360) 902-1100 or going to http://www.dnr.wa.gov/Publications/aqr land manager map.pdf. [heipi • The applicant may not begin work on DNR managed aquatic lands until DNR grants an Aquatic Use Authorization. • Include a $25 non-refundable application processing fee, payable to the "Washington Department of Natural Resources." (Contact your Land Manager to determine if and when you are required to pay this fee.) [heipl DNR may reject the application at any time prior to issuing the applicant an Aquatic Use Authorization. !help! 9. Applicant Name (bast,f=irst,Middle) 5 TOE, — `j2:,1 A- 2. Organization Name(if applicable) 3. Which of the following applies to Applicant? Check one and if applicable,attach the written authority-bylaws,power of attorney,etc. Their)] ❑ Corporation I1 Individual ❑ Limited Partnership 1/1 Marital Community(Identify spouse): Zi.u'l tv - ire f--' ❑ General Partnership (7 Government Agency E. Limited Liability Company = Other (Please Explain): Home State of Registration: VV A" JARPA Attachment E Revision 2012.1 Page 1 of 2 4. Washington UBI (Unified Business Identifier) number, if applicable: [help} 5. Are you aware of any existing or previously expired Aquatic Use Authorizations at the project location? ❑ Yes rgNo ❑ Don't know If Yes, Authorization number(s): 6. Do you intend to sublease the property to someone else? I I Yes f No If Yes, contact your Land Manager to discuss subleasing. 7. If fill material was used previously on DNR-managed aquatic lands, describe below the type of fill material and the purpose for using it. [help] To be completed by DNR and a copy returned to the applicant. Signature for projects on DNR-managed aquatic lands: Applicant must obtain the signature of DNR Aquatics District Manager OR Assistant Division Manager if the project is located on DNR-managed aquatic lands. I, a designated representative of the Dept. of Natural Resources, am aware that the project is being proposed on Dept. of Natural Resources-managed aquatic lands and agree that the applicant or his/her representative may pursue the necessary regulatory permits. My signature does not authorize the use of DNR-managed aquatic lands for this project. 3j(1.,1-9'r s c- --" 7/- c, - /Y Printed Name S'•nature Dept.of Natural Resources Dept. of Natural Resources Date District Manager or Assistant Division Manager District Manager or Assistant Division Manager If you require this document in another format, contact the Governor's Office of Regulatory Assistance(ORA)at(800)917-0043. People with hearing loss can call 711 for Washington Relay Service. People with a speech disability can call(877)833-6341. ORA Publication ENV-049-12 JARPA Attachment E Revision 2012.1 Page 2 of 2 9e. Will the in-water construction work comply with the State of Washington water quality standards for turbidity? [hew.] • Go to httb://www.ecy.wa.govtrograms/walswqs/criteria.htrnI for the standards. X❑ Yes ❑ No ❑ Not applicable 9f. If the project is within the jurisdiction of the Shoreline Management Act, what is the local shoreline environment designation? [help] • If you don't know, contact the local planning department. • For more information, go to:http://www.ecv.wa.govfprc_r=. msiseaismaiiaws rules/173-26/211 designations.html. ❑ Rural ❑ Urban n Natural X❑ Aquatic ❑ Conservancy n Other 9g. What is the Washington Department of Natural Resources Water Type? [help] • Go to http://www.dnr.wa.iov/Business'erg pits/ opi,s/ForestvcacticesApplications/Pages/fp watertvpinq.aspx for the Forest Practices Water Typing System. X❑ Shoreline ❑ Fish ❑ Non-Fish Perennial ❑ Non-Fish Seasonal 9h. Will this project be designed to meet the Washington Department of Ecology's most current stormwater manual? [iel>] • If No, provide the name of the manual your project is designed to meet. ❑ Yes ❑ No Name of manual: 9i. Does the project site have known contaminated sediment? [help] • If Yes, please describe below. ❑ Yes X❑ No 9j. If you know what the property was used for in the past, describe below. (help] 9k. Has a cultural resource (archaeological) survey been performed on the project area? [hgjp] • If Yes, attach it to your JARPA package. ❑ Yes ❑ No JARPA Revision 2012.2 Page 11 of 14 91. Name each species listed under the federal Endangered Species Act that occurs in the vicinity of the project area or might be affected by the proposed work. [hes] Don't know 9m. Name each species or habitat on the Washington Department of Fish and Wildlife's Priority Habitats and Species List that might be affected by the proposed work. [help] Bald Eagle Part 10-SEPA Compliance and Permits Use the resources and checklist below to identify the permits you are applying for. • Online Project Questionnaire at http://apps.ecy.wa.gov/opas/. • Governor's Office for Regulatory Innovation and Assistance at (800) 917-0043 or help{,ora.wa.gov. • For a list of addresses to send your JARPA to, click on agency addresses for completed JARPA. 10a. Compliance with the State Environmental Policy Act (SEPA). (Check all that apply.) [help] • For more information about SEPA, go to wwvr.ecy.wa.gov/programs/seaisepaie-revEe ✓.html. ❑ A copy of the SEPA determination or letter of exemption is included with this application. ❑ A SEPA determination is pending with (lead agency). The expected decision date is ❑ I am applying for a Fish Habitat Enhancement Exemption. (Check the box below in lob.) [Hp] ] ❑ This project is exempt (choose type of exemption below). ❑ Categorical Exemption. Under what section of the SEPA administrative code (WAC) is it exempt? ❑ Other: ❑ SEPA is pre-empted by federal law. JARPA Revision 2012.2 Page 12 of 14 10b. Indicate the permits you are applying for. (Check all that apply.) 1,, ;__ 1 LOCAL GOVERNMENT Local Government Shoreline permits: ❑ Substantial Development C Conditional Use El Variance XE Shoreline Exemption Type (explain): Waterfront property owner Other City/County permits: ❑ Floodplain Development Permit ❑ Critical Areas Ordinance STATE GOVERNMENT Washington Department of Fish and Wildlife: X❑ Hydraulic Project Approval (HPA) ❑ Fish Habitat Enhancement Exemption —Attach Exemption Form Effective July 10, 2012, you must submit a check for$150 to Washington Department of Fish and Wildlife, unless your project qualifies for an exemption or alternative payment method below. Do not send cash. Check the appropriate boxes: X C $150 check enclosed. Check# Attach check made payable to Washington Department of Fish and Wildlife. ❑Charge to billing account under agreement with WDFW. Agreement# ❑My project is exempt from the application fee. (Check appropriate exemption) ❑ HPA processing is conducted by applicant-funded WDFW staff. Agreement # ❑ Mineral prospecting and mining. ❑ Project occurs on farm and agricultural land. (Attach a copy of current land use classification recorded with the county auditor,or other proof of current land use.) ❑ Project is a modification of an existing HPA originally applied for, prior to July 10, 2012. HPA# Washington Department of Natural Resources: X❑Aquatic Use Authorization Complete E f'_rP.`'\Attachment E and submit a check for$25 payable to the Washington Department of Natural Resources. Do not send cash. Washington Department of Ecology: ❑ Section 401 Water Quality Certification FEDERAL GOVERNMENT United States Department of the Army permits (U.S. Army Corps of Engineers): [' Section 404 (discharges into waters of the U.S.) X❑ Section 10 (work in navigable waters) United States Coast Guard permits: ❑ Private Aids to Navigation (for non-bridge projects) JARPA Revision 2012.2 Page 13 of 14 Part 11—Authorizing Signatures Signatures are required before submitting the JARPA package. The JARPA package includes the JARPA form, project plans, photos, etc. [; 11a. Applicant Signature (required) L . .] I certify that to the best of my knowledge and belief, the information provided in this application is true, complete, and accurate. I also certify that I have the authority to carry out the proposed activities, and I agree to start work only after I have received all necessary permits. I hereby authorize the agent named in Part 3 of this application to act on my behalf in matters related to this application. (initial) By initialing here, I state that I have the authority to grant access to the property. I also give my consent to the permitting agencies entering the property where the project is located to inspect the project site or any work related to the project. (initial) Applicant Printed Name Applicant Signature Date 11b. Authorized Agent Signature [help] I certify that to the best of my knowledge and belief, the information provided in this application is true, complete, and accurate. I also certify that I have the authority to carry out the proposed activities and I agree to start work only after all necessary permits have been issued. Authorized Agent Printed Name Authorized Agent Signature Date 11c. Property Owner Signature (if not applicant) L> ,� Not required if project is on existing rights-of-way or easements. I consent to the permitting agencies entering the property where the project is located to inspect the project site or any work. These inspections shall occur at reasonable times and, if practical, with prior notice to the landowner. Property Owner Printed Name Property Owner Signature Date 18 U.S.0§1001 provides that:Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly falsifies, conceals,or covers up by any trick, scheme,or device a material fact or makes any false,fictitious, or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false,fictitious, or fraudulent statement or entry,shall be fined not more than$10,000 or imprisoned not more than 5 years or both. If you require this document in another format, contact the Governor's Office for Regulatory Innovation and Assistance(ORIA)at(800) 917-0043. People with hearing loss can call 711 for Washington Relay Service. People with a speech disability can call(877) 833-6341. ORIA publication number: ENV-019-09 rev.08/2013 JARPA Revision 2012.2 Page 14 of 14 Part 11—Authorizing Signatures Signatures are required before submitting the JARPA package. The JARPA package includes the JARPA form, project plans, photos, etc. [ j 11a. Applicant Signature (required) [.t t [ I certify that to the best of my knowledge and belief, the information provided in this application is true, complete, and accurate. I also certify that I have the authority to carry out the proposed activities, and I agree to start work only after I have received all necessary permits. I hereby authorize the agent named in Part 3 of this application to act on my behalf in matters related to this application. (initial) By initialing here, I state that I have the authority to grant access to the property. I also give my consent to the permitting agencies entering the property where the project is located to inspect the project site or any work related to the project. (initial) Applicant Printed Name Applicant Signature Date 11 b. Authorized Agent Signature [neipi I certify that to the best of my knowledge and belief, the information provided in this application is true, complete, and accurate. I also certify that I have the authority to carry out the proposed activities and I agree to start work only after all necessary permits have been issued. Authorized Agent Printed Name Authorized Agent Signature Date 11c. Property Owner Signature (if not applicant) [help) Not required if project is on existing rights-of-way or easements. I consent to the permitting agencies entering the property where the project is located to inspect the project site or any work. These inspections shall occur at reasonable times and, if practical, with prior notice to the landowner. Property Owner Printed Name Property Owner Signature Date 18 U.S.0§1001 provides that:Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly falsifies,conceals, or covers up by any trick, scheme,or device a material fact or makes any false,fictitious, or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false,fictitious, or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than 5 years or both. If you require this document in another format, contact the Governor's Office for Regulatory Innovation and Assistance(ORIA)at(800) 917-0043. People with hearing loss can call 711 for Washington Relay Service. People with a speech disability can call (877) 833-6341. ORIA publication number: ENV-019-09 rev.08/2013 JARPA Revision 2012.2 Page 14 of 14 , 10b. Indicate the permits you are applying for. (Check all that apply.) [; ,-:3;1 LOCAL GOVERNMENT Local Government Shoreline permits: ❑ Substantial Development ❑ Conditional Use n Variance X❑ Shoreline Exemption Type (explain): Waterfront property owner Other City/County permits: ❑ Floodplain Development Permit ❑ Critical Areas Ordinance STATE GOVERNMENT Washington Department of Fish and Wildlife: X❑ Hydraulic Project Approval (HPA) n Fish Habitat Enhancement Exemption —Attach Exemption Form Effective July 10, 2012, you must submit a check for $150 to Washington Department of Fish and Wildlife, unless your project qualifies for an exemption or alternative payment method below. Do not send cash. Check the appropriate boxes: X ❑ $150 check enclosed. Check# Attach check made payable to Washington Department of Fish and Wildlife. ❑Charge to billing account under agreement with WDFW. Agreement# ❑My project is exempt from the application fee. (Check appropriate exemption) ❑ HPA processing is conducted by applicant-funded WDFW staff. Agreement# ❑ Mineral prospecting and mining. ❑ Project occurs on farm and agricultural land. (Attach a cony of current land use classification recorded with the county auditor_or other proof of current land use Terry Stoeser Authorization No. 23 -XXXXXX WASHINGTON STATE DEPARTMENT OF Authorized Use: Mooring Buoy - Registration Natural Resources Location: South Port Townsend Bay, Jefferson County Petar Goidinark C, T",Goer°`Pub is lams .4044r a • Proposed Location: I. Stoeser Tax Parcel i.a ' 48.0329° N, -122.7397° W 989100009 � . f4; :_ ``' • , II. 1. .. I� t . \ . . 0 0.05 0.1 Oz °" Coordinate System:Washington State Plane South Miles °*, Protection:Lambert'Conformal Conic fiF 4 `w Datum_NAD83 HARN Aerial Photo Legal Description: Every attempt was made to use the most accurate and 48.0329° N, -122.7397° W current geographic data available.However,due to multiple sources,scales,and the currency of the data used to develop this map Washington Department of Natural Resources cannot accept responsibility for errors and omissions in the data.Furthermore,this data is not survey grade information and cannot be substituted for an official survey.Therefore,there are no warranties that accompany this material Prepared By: SC Date: 10/22/2013 ... S . 0 r..., 1:,:::: vl .-• .. . 1- 1 oo In •-,,-;,„ vt, To CS oft, :4•,.. :::3ii:i;>• P/Z1 5 g .4 rcz, A 0 ,...v.: .„..... 4 6 Q ,0 .,..,::... ...4 *ei:•`.7.!. f...,;::. N.i... A A 41:14 ...„, .44 ,..,.., ,,.,. .--,!...,;.,. ft: ,..4.i:. -4. • 1 A , ..... . . ... . _ H ... ..._: 1 1 1 1.:,......6- ::. A .8 ..,. .. 6 -,;.• rn -a-' VS. *:.'is... •.2".,•i‘i: ,,.., 1 kl i ii •,3,z,...• b 4::.-,- 3c ...., 0." la ,.;,:,-::::: 5 J ill I Do - . . g z I i ..... >7.4...A: 5/ g:,.... 8g 1;41 I 1 if — if- 11111 j". I 2 >g 1 fl 2 lii !::1,:i- gi.711 g iu 1111 1j411 1 1 g :. I b el P. ith 11111 11 il $R al 1 4 f .0T Op ,e4 II7 ��, DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS A` R'lllll" P.O. BOX 3755 SEATTLE,WASHINGTON 98124-3755 �fO STArts OF REPLY TO ATTENTION OF OCT 1 5 Regulatory Branch Mr. Terry A. Stoeser 141 Old Ferry Road Port Hadlock, Washington 98339 Reference: NWS-2014-692 Stoeser, Terry A. (Buoy) Dear Mr. Stoeser: We have reviewed your application to install a mooring buoy in Port Townsend Bay near Port Hadlock, Jefferson County, Washington. Based on the information you provided to us, Nationwide Permit(NWP) 10,Mooring Buoys(Federal Register, February 21, 2012, Vol. 77, No. 34), authorizes your proposal as depicted on the enclosed drawings dated October 22, 2013. In order for this authorization to be valid, you must ensure the work is performed in accordance with the enclosed NWP 10, Terms and Conditions and the following special conditions: a. You must implement and abide by the programmatic Endangered Species Act(ESA) consultation requirements and/or agreements set forth in your Specific Project Information Form, dated October 7, 2014. Failure to comply with the commitments made in this document constitutes non-compliance with the ESA and your U.S. Army Corps of Engineers (Corps) permit. 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 Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996. b. 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. We have reviewed your project pursuant to the requirements of the ESA, the Magnuson- Stevens Fishery Conservation and Management Act, and the National Historic Preservation Act. -2- We have determined this project complies with the requirements of these laws provided you comply with all of the permit general and special conditions. Port Townsend Bay is a water of the United States. If you believe this is 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. Our verification of this NWP authorization is valid until March 18, 2017, unless the NWP is modified, reissued, or revoked prior to that date. If the authorized work has not been completed by that date and you have commenced or are under contract to commence this activity before March 18, 2017, you will have until March 18, 2018, to complete the activity under the enclosed terms and conditions of this NWP. Failure to comply with all terms and conditions of this NWP verification invalidates this authorization and could result in a violation of Section 10 of the Rivers and Harbors Act. You must also obtain all local, State, and other Federal permits that apply to this project. 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 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" and then"Contact Us." If you have any questions, please contact me at rafael.a.lopez @usace.army.mil or(206) 316-3165. Sincerely, Rafael A. Lopez, Project . lager Regulatory Branch Enclosures Terry Stoeser 0 Authorization No. 23 XXXXXX Nat Resources WASNINGTON STATF OFPARTMFNT OF Authorized Use: Mooring Buoy - Registration ures! Location: South Port Townsend Bay, Jefferson County re .rotsmas rryT ,°= ,=*rut,Ir,„d, 4 Proposed Location: Stoeser Tax Parcel 48.0329° N, 122.7397° W 989100009 4 t t i t •. V; i kX i,,.,_or.,,Lx,./.41 T..,,,,,,, ,,,,,,,i,,,,,,, , .,41;.:. .ii„,.,..,.. , , „,,,.:. tia ,n* ' ..: .. .,,,, \il .:,,ity, -74440101.441R1” { ' ', 9� i A J h Yak M q`r .p t# ", �� "a. .+ 'a 0,` F 4.05 0.1 0.: ` Coordinate System.Washington State Plane South �Nss PrE ection caSyms iert Confoi at C&nc .Datum NAD83 HARN Aerial Photo Legal Description: Every attempt was made to use the most accurate and 48 0329° N, -122.7397`' W current geographic data available.However,due to multiple sources scales,and the currency of the data i used to develop this map Washington Department of tQ t.AS�Z0)4- 4.A . Natural Resources cannot accept responsibility for �'1 errors and omissions in the data Furthermore,this data is not survey grade information and cannot be substituted for an official survey.Therefore,there are no warranties that accompany this material I Prepared By. SC Date: 10/22/2013 • Terry Stoeser Authorization No.X23 -XXXXXX p Authorized Use: Mooring Buoy - Registration WASHINGTONSTResouvices 9 Y 9 Natural Resources Location: South Port Tr' ,,,r.1 Ord Bay, Jefferson County '&t G°' ,s°°=r°`"°b,<<_^ I I { 1 ■ Proposed Location: Stoeser Tax Parcel t t 989100009°. 48.0329° N, -122.7397°W: , - - - - , i1 lrlI -, ,*.., ,,,,,. ,‘ .4i 1 1,..,,,,,,; ' - :1,,:___T_I _14-11-1--sY". '',_,.,.. .„, ' , ':,' '''''":'1::,:.'i..''-'''Pf.*:-..:?'xi'7;:l':i;,, , s e, i j: 1(1-1_,,,,,,\ , itt.'',:';'t ''' 11131 ",.,',1,e;!'' ": \ \\‘'.\'' I ' • N\,,,,' -ii,, ,.',-..-e_,,,,,,,,4,4,t ,, _ ,-.; ..,. - •-,-.; -- .„-,_, , i r , __,:.____.____,:i , , ,, si. , ,1_ , ,, ,,.,,,_ , : i _ _____i_____ 4 _ L_____ , ,.. ,..„1 \ i 1. V F ,. / _ - k, �„ i _ �fl, ti I + — I 0.05 0.1 -J E. }, `- - _s- 4 'coord,late System'Washington State Plane South Projection Lambert Conformal Conic Miles '0—_.______ __b i i .r l i, Aerial Photo Legal Description: I Every attempt was made to use the most accurate and 48.0329° N, -122.7397' W current geographic data available.However,due to t multiple sources,scales,and the currency of the data used to develop this map Washington Department of W 1 P P 9t P 1� $� '�vl�` b9 Natural Resources cannot accept responsibility for errors and omissions in the data.Furthermore,this data is not survey grade information and cannot be substituted 1 of g► for an official survey.Therefore,there are no warranties that accompany this material I Prepared By: SC Date: 10/22/2013 1 . . ---6 z.) (-- U --.- (.9— - -.... 2 N kr) i'P 0 'V 00 lir) t-- 3 's. ' c •4..,, •v.:^.1"ii.•• a) 4 „, , ...._, .p 0 A A ----) ...•• A La. mil 1.1) .......- 9 _.... )4 -+ f -- 'e- .1:.!;:.:: ''':'?:;•, .g P 72, - -.". -:- .:.':::7'• 1 .,:.- A 1 ) .c. i ! A 0 r:14.6 Cn 4...."‘- -:-.-F.,... : 2 "t1 §w Ef 12 0.-..:::'..- § 111 51 A Alk NW P r 11111 I §2 1.• . i NI V- 1111i 2 i 141,4 1. 8 a2 Plv 1 a 2 k o 4 5'. -i...-....,:..:...,.'1:.:.1...." IN -1,4- 3 . eit iv 14 P 11I e, 2 1 I I OORPS°PF I NATIONWIDE PERMIT 10 US Army Corps nn of Engineers A Terms and Conditions oG �p Seattle District kir r„o° Effective Date: June 15, 2012 A. Description of Authorized Activities B. Corps National General Conditions for all NWPs C. Corps Seattle District Regional General Conditions D. Corps Regional Specific Conditions for this NWP E. State 401 Certification General Conditions F. State 401 Certification Specific Conditions for this NWP G. Coastal Zone Management Consistency Response for this NWP In addition to any special condition that may be required case-by-case ed on a case b ca p y se basis by the District Engineer, q y y ngmeer, the following terms and conditions must be met,as applicable,for a Nationwide Permit authorization to be valid in Washington State. A. DESCRIPTION OF AUTHORIZED ACTIVITIES 10. Mooring Buoys.Non-commercial,single-boat, mooring buoys. (Section 10) B. CORPS NATIONAL GENERAL CONDITIONS FOR ALL NWPs Note: To qualify for NWP authorization,the prospective permittee must comply with the following general conditions,as applicable, in addition to any regional or case-specific conditions imposed by the division engineer or district engineer. Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs, has been and is on notice that all of the provisions of 33 CFR§ 330.1 through 330.6 apply to every NWP authorization.Note especially 33 CFR § 330.5 relating to the modification, suspension, or revocation of any NWP authorization. 1.Navigation. (a)No activity may cause more than a minimal adverse effect on navigation. (b)Any safety lights and signals prescribed by the U.S. Coast Guard,through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c)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. 2.Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate 14. Proper Maintenance.Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions,as well as any activity-specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. 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 appropriate Federal agency with direct management responsibility for such river,has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river(e.g.,National Park Service, U.S. Forest Service, Bureau of Land Management,U.S. Fish and Wildlife Service). 17. Tribal Rights.No activity or its operation may impair reserved tribal rights, including,but not limited to, reserved water rights and treaty fishing and hunting rights. 18. Endangered Species. (a)No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation,as identified under the Federal Endangered Species Act(ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species.No activity is authorized under any NWP which"may affect"a listed species or critical habitat,unless Section 7 consultation addressing the effects of the proposed activity has been completed. (b)Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements.The district engineer will review the documentation and determine whether it is sufficient to address ESA compliance for the NWP activity, or whether additional ESA consultation is necessary. (c)Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project,or if the project is located in designated critical habitat,and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat,the pre-construction notification must include the name(s)of the endangered or threatened species that might be affected by the proposed work or that utilize the designated critical habitat that might be affected by the proposed work. The district engineer will determine whether the proposed activity"may affect"or will have"no effect"to listed species and designated critical habitat and will notify the non-Federal applicant of the Corps' determination within 45 days of receipt of a complete pre- construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the project, and has so notified the Corps,the applicant shall not begin work until the Corps has provided notification the proposed activities will have "no effect"on listed species or critical habitat, or until Section 7 consultation has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days,the applicant must still wait for notification from the Corps. (d)As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific regional endangered species conditions to the NWPs. (e)Authorization of an activity by a NWP does not authorize the"take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization(e.g.,an ESA Section 10 Permit, a Biological Opinion with"incidental take"provisions,etc.)from the U.S. FWS or the NMFS, 3 (e) Prospective permittees should be aware that section 110k of the NHPA(16 U.S.C. 470h-2(k)) prevents the Corps from granting a permit or other assistance to an applicant who,with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps,after consultation with the Advisory Council on Historic Preservation(ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance,the Corps is required to notify the ACHP and provide documentation specifying the circumstances,the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic,cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit,you must immediately notify the district engineer of what you have found, and to the maximum extent practicable,avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal,Tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include,NOAA-managed marine sanctuaries and marine monuments,and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment,additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a)Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17,21,29, 31, 35,39, 40,42,43, 44,49, 50, 51,and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b)For NWPs 3, 8, 10, 13, 15, 18, 19,22, 23,25,27,28,30,33, 34,36, 37, and 38,notification is required in accordance with general condition 31, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters.The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal: (a)The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent,to waters of the United States to the maximum extent practicable at the project site(i.e., on site). (b)Mitigation in all its forms(avoiding, minimizing, rectifying, reducing, or compensating for resource losses)will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal. (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10-acre and require pre-construction notification,unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse effects of the proposed activity are minimal, and provides a project-specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre-construction notification,the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that 5 permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse effects of the project to the minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons.The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. Where States and authorized Tribes, or EPA where applicable,have not previously certified compliance of an NWP with CWA Section 401, individual 401 Water Quality Certification must be obtained or waived(see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained,or a presumption of concurrence must occur(see 33 CFR 330.4(d)).The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer(see 33 CFR 330.4(e))and with any case specific conditions added by the Corps or by the state, Indian Tribe,or U.S.EPA in its section 401 Water Quality Certification,or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits.The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14,with associated bank stabilization authorized by NWP 13,the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification,the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer.A copy of the nationwide permit verification must be attached to the letter,and the letter must contain the following statement and signature: "When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions,will continue to be binding on the new owner(s)of the property.To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions,have the transferee sign and date below." (Transferee) (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and any required compensatory mitigation. The success of any required permittee-responsible mitigation, including the 7 sites, and other waters, such as lakes and ponds,and perennial, intermittent,and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation,especially if the project site is large or contains many waters of the United States. Furthermore,the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (5) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required,the prospective perrnittee must submit a statement describing how the mitigation requirement will be satisfied,or explaining why the adverse effects are minimal and why compensatory mitigation should not be required. As an alternative,the prospective permittee may submit a conceptual or detailed mitigation plan. (6) If any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat,for non-Federal applicants the PCN must include the name(s)of those endangered or threatened species that might be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work.Federal applicants must provide documentation demonstrating compliance with the Endangered Species Act;and(7)For an activity that may affect a historic property listed on,determined to be eligible for listing on, or potentially eligible for listing on,the National Register of Historic Places,for non-Federal applicants the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. Federal applicants must provide documentation demonstrating compliance with Section 106 of the National Historic Preservation Act. (c)Form of Pre-Construction Notification: The standard individual permit application form(Form ENG 4345)may be used,but the completed application form must clearly indicate that it is a PCN and must include all of the information required in paragraphs(b)(1)through(7)of this general condition. A letter containing the required information may also be used. (d)Agency Coordination: (1)The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental effects to a minimal level. (2) For all NWP activities that require pre-construction notification and result in the loss of greater than 1/2- acre of waters of the United States, for NWP 21,29, 39,40,42,43, 44, 50, 51, and 52 activities that require pre-construction notification and will result in the loss of greater than 300 linear feet of intermittent and ephemeral stream bed, and for all NWP 48 activities that require pre-construction notification,the district engineer will immediately provide(e.g.,via e-mail, facsimile transmission, overnight mail, or other expeditious manner)a copy of the complete PCN to the appropriate Federal or state offices(U.S.FWS, state natural resource or water quality agency,EPA, State Historic Preservation Officer(SHPO)or Tribal Historic Preservation Office(THPO), and, if appropriate,the NMFS). With the exception of NWP 37,these agencies will have 10 calendar days from the date the material is transmitted to telephone or fax the district engineer notice that they intend to provide substantive, site-specific comments.The comments must explain why the agency believes the adverse effects will be more than minimal. If so contacted by an agency,the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity's compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects to the aquatic environment of the proposed activity are minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies' concerns were considered. For NWP 37,the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (3)In cases of where the prospective permittee is not a Federal agency,the district engineer will provide a response to NMFS within 30 9 3. If the district engineer determines that the adverse effects of the proposed work are more than minimal,then the district engineer will notify the applicant either: (a)That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (b)that the project is authorized under the NWP subject to the applicant's submission of a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level; or(c)that the project is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment,the activity will be authorized within the 45-day PCN period, with activity-specific conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation or a requirement that the applicant submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level. When mitigation is required,no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. Further Information 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2.NWPs do not obviate the need to obtain other federal, state,or local permits,approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4.NWPs do not authorize any injury to the property or rights of others. 5.NWPs do not authorize interference with any existing or proposed Federal project. C. CORPS SEATTLE DISTRICT REGIONAL GENERAL CONDITIONS 1. Aquatic Resources Requiring Special Protection. Activities resulting in a loss of waters of the United States in a mature forested wetland,bog, bog-like wetland, aspen-dominated wetland,alkali wetland, wetlands in a dunal system along the Washington coast,vernal pools, camas prairie wetlands,estuarine wetlands, and wetlands in coastal lagoons cannot be authorized by a NWP,except by the following NWPs: NWP 3 —Maintenance NWP 20—Oil Spill Cleanup NWP 32—Completed Enforcement Actions NWP 38—Cleanup of Hazardous and Toxic Waste In order to use one of the above-referenced NWPs in any of the aquatic resources requiring special protection,you must submit a pre-construction notification to the District Engineer in accordance with Nationwide Permit General Condition 31 (Pre-Construction Notification)and obtain written approval before commencing work. 2.Commencement Bay. The following NWPs may not be used to authorize activities located in the Commencement Bay Study Area(see Figure 1 at www.nws.usace.army.mil, select Regulatory Permits then Permit Guidebook,then Nationwide Permits)requiring Department of the Army authorization: NWP 12—Utility Line Activities(substations) NWP 13 —Bank Stabilization NWP 14—Linear Transportation Projects NWP 23 —Approved Categorical Exclusions NWP 29—Residential Developments 11 g. A planting plan using native riparian plant species unless the applicant demonstrates a planting plan is not appropriate or not practicable. 5. Crossings of Waters of the United States. Any project including installing, replacing, or modifying crossings of waters of the United States, such as culverts, requires pre-construction notification to the District Engineer in accordance with Nationwide Permit General Condition 31 for Pre-Construction Notification. This requirement does not apply to maintenance work exempt by 33 CFR 323.4(a)(2). Each notification must also include the following information: a.Need for the crossing. b. Crossing design criteria and design methodology. c. Rationale behind using the specific design method for the crossing. 6. Cultural Resources and Human Burials. Permittees must immediately stop work and notify the District Engineer within 24 hours if,during the course of conducting authorized work, human burials, cultural resources, or historic properties,as identified by the National Historic Preservation Act, are discovered. Failure to stop work in the area of discovery until the Corps can comply with the provisions of 33 CFR 325 Appendix C,the National Historic Preservation Act,and other pertinent laws and regulations could result in a violation of state and federal laws. Violators are subject to civil and criminal penalties. 7. Essential Fish Habitat. An activity which may adversely affect essential fish habitat,as identified under the Magnuson-Stevens Fishery Conservation and Management Act(MSA),may not be authorized by NWP until essential fish habitat requirements have been met by the applicant and the Corps. Non- federal permittees shall notify the District Engineer if essential fish habitat may be affected by, or is in the vicinity of,a proposed activity and shall not begin work until notified by the District Engineer that the requirements of the essential fish habitat provisions of the MSA have been satisfied and the activity is authorized. The notification must identify the type(s)of essential fish habitat(e.g.,Pacific salmon, groundfish, and/or coastal-pelagic species) managed by a Fishery Management Plan that may be affected. Information about essential fish habitat is available at www.nwr.noaa.gov/. 8. Vegetation Protection and Restoration. Permittees must clearly mark all construction area boundaries before beginning work. The removal of native vegetation in riparian areas and wetlands, and the removal of submerged aquatic vegetation in estuarine and tidal areas must be avoided and minimized to the maximum extent practicable. Areas subject to temporary vegetation removal shall be replanted with appropriate native species by the end of the first planting season following the disturbance except as waived by the District Engineer. If an aquaculture area is permitted to impact submerged aquatic vegetation under NWP 48,the aquaculture area does not need to be replanted with submerged aquatic vegetation. 9. Access. You must allow representatives of this office to inspect the authorized activity at any time deemed necessary to ensure the work is being, or has been, accomplished in accordance with the terms and conditions of your permit. 10. Contractor Notification of Permit Requirements. The permittee must provide a copy of the nationwide permit verification letter,conditions,and permit drawings to all contractors involved with the authorized work,prior to the commencement of any work in waters of the U.S. D. CORPS REGIONAL SPECIFIC CONDITIONS FOR THIS NWP 13 http://www.ecy.wa.gov/programs/sea/tii'etlands/ratingsystems or by contacting Ecology's Federal Permit staff. (c) A statement describing how the mitigation requirement will be satisfied.A conceptual or detailed mitigation or restoration plan may be submitted. Mitigation plans submitted for Ecology review and approval shall be based on the guidance provided in Wetland Mitigation in Washington State,Parts 1 and 2 (Ecology Publications#06-06- 011 a and 406-06-011b). (d) Coastal Zone Management Program"Certification of Consistency"Form if the project is located within a coastal county(Clallam, Grays Harbor, Island, Jefferson,King,Kitsap, Mason, Pacific, Pierce, San Juan, Skagit, Snohomish,Thurston, Wahkiakum,and Whatcom counties). Note: CZM Certification of Consistency forms are available on Ecology's Federal Permit website:http://www.ecy.wa.gov/programs/sea/fed-permit/index.html or by contacting Ecology's Federal Permit staff. (e) Other applicable requirements of Corps Nationwide Permit General Condition 31, Corps Regional Conditions, or notification conditions of the applicable NWP. Note:Ecology has 180 days from receipt of applicable documents noted above and a copy of the final authorization letter from the Corps providing coverage for a proposed project or activity under the NWP Program to issue a WQC and CZM consistency determination response. If more than 180 days pass after Ecology's receipt of these documents,your requirement to obtain an individual WQC and CZM consistency determination response becomes waived. 4. Aquatic resources requiring special protection. Certain aquatic resources are unique,difficult-to- replace components of the aquatic environment in Washington State. Activities that would affect these resources must be avoided to the greatest extent possible. Compensating for adverse impacts to high value aquatic resources is typically difficult,prohibitively expensive, and may not be possible in some landscape settings. Individual 401 review is required for activities in or affecting the following aquatic resources(and not prohibited by Regional Condition 1): (a)Wetlands with special characteristics(as defined in the Washington State Wetland Rating Systems for western and eastern Washington, Ecology Publications#04-06-025 and#04-06-015): • Estuarine wetlands • Natural Heritage wetlands • Bogs • Old-growth and mature forested wetlands • Wetlands in coastal lagoons • Interdunal wetlands • Vernal pools • Alkali wetlands (b)Fens, aspen-dominated wetlands,camas prairie wetlands, and marine water with eelgrass(Zostera marina)beds(except for NWP 48). 15 Note: This State General Condition does not apply to projects or activities authorized under NWP 33, Temporary Construction, Access, and Dewatering 7. Stormwater discharge pollution prevention: All projects that involve land disturbance or impervious surfaces must implement prevention or control measures to avoid discharge of pollutants in stormwater runoff to waters of the state. For land disturbances during construction, the permittee must obtain and implement permits where required and follow Ecology's current stormwater manual. Note:Stormwater permit information is available at Ecology's Water Quality website: http://www.ecy.wa.gov/programs/wq/stormwater/index.html. Ecology's Stormwater Management and Design Manuals are available at: http://www.ecy.wa.gov/programs/wq/stormwater hnunicipal/StrmwtrMan.htnrl. Information is also available by contacting Ecology's Federal Permit staff. 8. State Certification for PCNs not receiving 45-day response.In the event the U.S. Army Corps of Engineers does not respond to a complete pre-construction notification within 45 days, the applicant must contact Ecology for Individual 401 review. F. STATE 401 CERTIFICATION SPECIFIC CONDITIONS FOR THIS NWP:NONE G. COASTAL ZONE MANAGEMENT CONSISTENCY RESPONSE FOR THIS NWP: Concur 17 /ppPPS ppFNp CERTIFICATE OF COMPLIANCE '( n �'� US Army Corps WITH DEPARTMENT OF THE ARMY PERMIT '• ' of Engineers Seattle District ���DFr(I.% Permit Number: NWS-2014-692 Name of Permittee: Terry A. Stoeser Date of Issuance: OCT 1 5 ?014 Upon completion of the activity authorized by this permit,please check the applicable boxes below, date and 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 98124-3755 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 revocation. The work authorized by the above-referenced permit has been completed in accordance with the ❑ terms and conditions of this permit. Date work complete: n Photographs and as-built drawings of the authorized work are attached. If applicable,the mitigation required (not including monitoring(e.g., construction and plantings) in the above-referenced permit has been completed in accordance with the terms and conditions of this permit. Date work complete: n Photographs and as-built drawings of the mitigation are attached. Printed Name: Signature: Date: PROGRAMMATIC ESA' CONSULTATION WI Specific Project Information Form (( I7\i US Army e Engineers For Mooring Buoys i i v.' Seattle District Version: May 2012 ' Eligibility for Programmatic Consultation To be filled out by Corps This application: E Meets all of the requirements of this programmatic consultation n Does not meet all of the requirements of this programmatic consultation. This form constitutes a reference biological evaluation in association with: NMFS reference: 2005/07506 USFWS reference: 13410-2009-1-0421 1. Programmatic Activity: Mooring Buoys 2. Drawings and Photographs-Drawings and photographs must be submitted. Photographs must be submitted showing shoreline, existing overwater structures, and location of the proposed project. Drawings must include a vicinity map; plan, profile, and cross-section drawings of the proposed structures; and over- and in-water structures on adjacent properties. (For assistance with the preparation of the drawings, please refer to our Drawing Checklist located on our website at vc«vv.11«s.usace.arm), iI Select Regulatory—Regulatory/Permits—Forms.) If the work is in a tidal area, please see Section 11 of this form for additional photo requirements. 3. Date: October 6, 2014_ 4. Applicant name: Mailing address: 141 Old Ferry Road,Port Hadlock,WA 98339 Work phone: Home phone: Email: 206 285 6130 206 285 6191 206 755 5374 bal1,s( pi\oiand1c`_p__conm 5. Joint-use applicant name(if applicable): Mailing address: Work phone: Home phone: Email: Fax: 6. Authorized agent name: Mailing address: Work phone: Home phone: Email: Fax: 7. Location where ro osed work will occur P P Address (street address, city, county): 141 Old Ferry Road, Port Hadlock, WA 98339 Location of joint-use property (street address, city, county): Waterbody:Port Townsend Bay 1/4 Section: Section: Township: Range: Latitude: 48.0329 degrees N lat. Longitude: 122.7397 degrees W long Endangered Species Act 8. To be filled out by Corps Federally Listed or Proposed Species and their Critical Habitat Present or affected by the proposed action: 9. Description of Work: Describe what type of mooring buoy is being installed/replaced(include dimensions and materials used). Helix Anchor installed with hydraulic drive. There will be a mid-line float to keep line off the seabed. 9.a. Is the mooring buoy already in place? ❑ Yes X No 9.b. If already in place, on what date was the buoy installed? 10. Construction Techniques. Describe method of installation: Helix single point anchors don't disturb the seabed. All attachments except for the anchor itself, are above the sea bed. A mid-line float will keep line off seabed. 11. Forage Fish Habitat—only complete this section if the project is in tidal waters. Check box if Washington Department of Fish and Wildlife(WDFW)documented habitat is present. Go to the WDFW website for this information: httj± di , NN fish forat:t.. fora .c hi�ni, then search for each species under the link to Biology, then the link to Documented Spawning Grounds (if available, please attach a copy of the Hydraulic Project Approval from WDFW): Surf Smelt: ❑ Pacific Herring: ❑ Sand Lance: ❑ Check box if the proposed action will occur in potentially suitable forage fish spawning habitat: Surf Smelt: Pacific Herring: gj Sand Lance: 0 lino boxes are checked, please explain why site is not suitable as forage fish spawning habitat. Please describe the type of substrate and elevation and presence of aquatic vegetation at the project area. For example: At+10 to+5 feet above MLLW, there is no aquatic vegetation,the substrate consists of large cobbles. At+5 to +1 foot above MLLW, there is eelgrass and the substrate consists of fine sand. At+7 to+1 foot above MLLW,there is eelgrass and the substrate is sand and mud. 2 At+15 to+7 feet above MLLW there is no aquatic vegetation and the substrate consists of sand and mud. In addition,please submit an eelgrass and macroalgae survey and photographs showing the entire project area. The photographs should be taken at ground level and at low tide and should show a panoramic view of the entire project area in the dry. Photographs should clearly show the presence or absence of vegetation and the substrate composition. Close up photographs of the substrate and/or vegetation should be included if there are any areas of particular interest. To most accurately reflect vegetation distribution, photos should be taken at low tide during June 1 through October 1. Eelgrass survey is required for all mooring buoys installed landward of-30 MLLW. Survey must meet the state HPA requirements. 12. Programmatic Conditions and General Conditions. In order to meet all ESA requirements for this programmatic consultation,all programmatic conditions and general conditions listed below must be met. Check each condition that you will meet. Check each item "not applicable"if they do not apply to your project. If you checked"will not meet" for any of the conditions,you must complete the "Will Not Meet"section at the end of this document. Will Will Not PROGRAMMATIC CONDITIONS Meet Not Applicable Meet X ❑ [ 1. Work will be performed within the approved work windows for listed species and forage fish. The action shall only occur once within one approved work window for a single and complete project. The approved work windows are described in Programmatic Consultation—Phase I: Approved Work Windows. (Note: These work windows are located on our website at www.nws.usace.army.mil. Select Regulatory—Regulatory/Permits —Permit Guidebook—Chapter VIa. -Endangered Species.) X ❑ ❑ 2. Activity is limited to placement of mooring buoys for single boat, non-commercial use. X ❑ ❑ 3. Buoy location will be accessed by a small boat or dinghy after installation. X ❑ ❑ 4. One or two SCUBA divers will screw a helical anchor into the substrate. ❑ n X 5. If the substrate is too hard for a helical screw,a 5-gallon bucket filled with cured concrete will be used. ❑ ❑ X 6. If substrate is too hard for a helical screw and a 5-gallon bucket filled with concrete is not adequate, a fully cured concrete block or steel anchor up to a maximum weight of 2.5 tons and maximum size of 4 cubic yards dependent on buoy size can be used. X n _ 7. Uncured concrete will not be allowed to come into contact with surface water. X n ❑ 8. Buoys will be placed at a tidal elevation of-15 feet MLLW or deeper or, in freshwater, at a depth of greater than 15 feet. 3 Will Will Not PROGRAMMATIC CONDITIONS Meet Not Applicable Meet X ❑ ❑ 9. The buoy will 3 feet or less in diameter, made of Styrofoam ball with plastic coating and a steel rod through the center with key holes at the top and bottom: one for the anchor attachment and one for the boat moorage. X ❑ ❑ 10. Construction barges will not ground or rest on substrate and structures and attendant features (the anchor, buoy, and moored vessel)will not be located over or adjacent to(within 25 feet of) vegetated shallows(except where such vegetation is limited to State-designated noxious weeds). The anchor must be located at least 25 feet plus the length of the moored structure from vegetated shallows.Attach eelgrass survey if project is landward of-30 MLLW. Survey must meet HPA standards. ❑ ❑ X 11. The anchor, buoy, and moored vessel will not be located over or within 25 feet of spawning habitat for listed or proposed fish species. The anchor must be located at least 25 feet plus the length of the moored structure from spawning habitat. Length of moored structure: feet X ❑ ❑ 12. The anchor, buoy, and moored vessel will not be located over or within 25 feet of spawning habitat for forage fish species. The anchor must be located at least 25 feet plus the length of the moored structure from spawning habitat. ❑ n X 13. Buoys will not exceed four per acre at any time(and no more than three existing buoys within 120-foot radius of proposed buoy). X ❑ 14. Buoy anchors will be installed so that the anchor line does not drag or scour. X ❑ ❑ 15. Flotation will be completely contained to prevent breakup. X ❑ C 16. Moored vessels will not ground out at low water. Will Will Not GENERAL CONDITIONS meet not Applicable meet X ❑ ❑ G1. No new access roads,routes,or trails will be included as part of the proposed action. ❑ ❑ X G2. Any fill material (e.g., sand, gravel,and rock)will be washed and cleaned prior to being brought to the site. n ❑ X G3. All fill material will be obtained from a commercial source that is operating in compliance with the Endangered Species Act. n H X G4. No stockpiling or staging of material will occur below OHW or MHHW. ❑ n X G5. No trenching will occur through any water of the U.S. (i.e., for electrical cables). 4 Will Will Not GENERAL CONDITIONS meet not Applicable meet X ❑ C G6. No work will be performed and structures and fill materials will not be placed in or adjacent to vegetated shallows(except where such vegetation is limited to State-designated noxious weeds), wetlands, special aquatic sites, or suitable forage fish spawning habitat. X ❑ n G7. Barges will not be used within 25 feet and material will not be placed in or on vegetated shallows(except where such vegetation is limited to State-designated noxious weeds)or other special aquatic sites. X ❑ ❑ G8. If a barge is used to deliver material,the barge or other structures shall not ground out on the bottom. X n ❑ G9. The bottom of any structure, vessel, watercraft grid or watercraft lift will be at least 1 foot above the level of the substrate during all water levels. X n ❑ G10. All equipment that will operate over water or below OHWM or MHHW will be cleaned of accumulated grease, oil,or mud. All leaks will be repaired prior to arriving on site. Equipment will be inspected daily for leaks, accumulations of grease, etc., and any identified problems will be fixed before operating over water or below the OHWM or MHHW. X ❑ ❑ G11. No solvents or other chemicals will be used in or over the water during the construction or operation of the proposed action. X n n G12. No waste material, including material associated with treated wood decks,will enter the waterbody. X ❑ ❑ G13. All waste material and construction debris will be collected and disposed of at an approved facility that is in compliance with the Endangered Species Act. X ❑ ❑ G14. Any leftover construction materials will be collected and disposed of off-site. X ❑ ❑ G15. All floating debris generated during construction will be retrieved, removed, and disposed of at an approved upland location. X n ❑ G16. Two oil absorbing floating booms, appropriate for the size of the work area,will be available onsite whenever heavy equipment operates within 150 feet of open water and there is a potential for hazardous materials to enter surface waters. The booms will be stored in a location that facilitates immediate deployment in the event of a spill. X n ❑ G17. Fueling and servicing of equipment will be confined to an established staging area that is at least 150 feet from open water or wetlands. Spill containment systems must be adequate to contain all fuel leaks. 5 Port Angeles/Bremerton Region 3 360-415-4054 Will Will Not GENERAL CONDITIONS meet not Applicable meet X ❑ ❑ G18. Equipment and vehicles will be stored in established staging areas when not in use(excluding cranes, which cannot be easily moved). ❑ ❑ X G19. A written spill prevention,control, and countermeasures plan will be prepared for activities that include the use of heavy equipment. The plan will describe measures to prevent or reduce impacts from accidental leaks or spills, and will contain a description of all hazardous materials that will be used, proper storage and handling,and monitoring methods. A spill kit will be available onsite during construction and stored in a location that facilitates immediate deployment if needed. ❑ ❑ X G20. If work will be done in or within 25 feet of an existing or previously designated Superfund site or Washington State Model Toxic Control Act(MTCA)site, BMPs established by EPA during CERCLA coordination or Washington State Department of Ecology during MTCA will be followed. ❑ ❑ X G21. All activities that may result in sound levels of 92 dBA or more within suitable marbled murrelet nesting habitat,or less than 92 dBA and located within 11 yards of suitable marbled murrelet nesting habitat, will occur outside the breeding period(April 1 to September 15). ❑ n X G22. All activities that may result in sound levels of 92 dBA or more within suitable northern spotted owl nesting, roosting,and/or foraging habitat, or less than 92 dBA and located within 20 yards of suitable northern spotted owl nesting,roosting, and/or foraging habitat, will occur outside the early breeding period(March 1 through July 15). ❑ ❑ X G23. Projects located within Wahkiakum and Cowlitz Counties, west of Longview and east of Skamokawa,will not alter woodland or tidal spruce forest that are suitable Columbia white-tailed deer habitat and will not enable higher traffic speeds or volumes. ❑ n X G24. Projects constructed on islands in the Columbia River between 2 miles east of Cathlamet and 2 miles west of Skamokawa will not occur from June 1 through June 30 to protect Columbia white-tailed deer fawning. ❑ ❑ X G25. Projects within 1/4 mile of suitable western snowy plover nesting or foraging habitat will not occur from March 15 through September 30. X ❑ n G26. The project will comply with the General Implementation Conditions for our programmatic consultations(Note: These are located on our website at w w.nws.usace.army.mil. Select Regulatory—Regulatory/Permits—Forms.) 2 6 Parcel Details Page 2 of 2 If the applicant has checked "Will Not Meet" for any of the above conditions, or there are associated project activities not covered by this Programmatic Consultation or new species and/or critical habitat is not covered under this Programmatic Consultation,then this section must be completed and the applicant must sign below. Please contact the Corps if you have any questions. I. Why can't you meet all of the conditions of this programmatic consultation? 2. Are there associated project activities not covered by this Programmatic Consultation? If so,what are the impacts of associated project activities not covered by this Programmatic Consultation: 3. Are there species and/or critical habitat in the vicinity of the project that are not covered under this Programmatic Consultation? If so,what are the impacts to species not covered under this Programmatic Consultation: 4. Why are the impacts of the proposed project"Not Likely to Adversely Affect" ESA species?How have you minimized impacts? (Note: If your effect analysis is lengthy,you may attach an addendum.) I,as the applicant,have read all the USFWS and NMFS requirements for their Programmatic Consultations dated September 9, 2009 and January 16, 2008, respectively. These requirements are listed on the Seattle District Corps webpage at http://www.nws.usace.armi.mil/PublicMenu/Menu.cfm?sitename=REG&pagename=Phase E. I understand that informal consultation with National Marine Fisheries Service and U.S. Fish and Wildlife Service will be initiated with this form. I will not proceed with construction until I receive written notification from the U.S. Army Corps of Engineers that the proposed work is authorized. _ --_ Cat 1 Applicant Date 7 http://www.co.j efferson.wa.us/assessors/parcel/parceldetail.asp?Parcel_NO=984000311 10/22/2014 Below to be completed by the Corps Note to PM: If the applicant meets all of the conditions of this programmatic consultation, complete this section. If the applicant does not meet all of the conditions of this programmatic consultation,do not complete this section; instead,complete a Memorandum for the Services—Reference Biological Evaluation Form. ❑ I have reviewed the Department of the Army application and this form for consistency with the USFWS and NMFS requirements Programmatic Consultations dated September 9, 2009 and January 16, 2008, respectively. Additional Information(complete as applicable): 1. Summary of ESA consultation for associated project activities not covered by the Programmatic Consultation (e.g.,work that is out of our jurisdiction,work that is considered NE to listed species not covered under the programmatic): 2. Approved Work Window: to 3. Federally listed species or critical habitat not covered under this programmatic: 4. Summary of ESA Consultation for listed species or critical habitat not covered under this programmatic (e.g., "no effect" analysis for newly listed species or newly designated critical habitat): Corps Project Manager Date Corps Senior Scientist Date 8 • Washington Department of Fish& Wildlife HYDRAULIC PROJECT APPROVAL °�� �' PO Box 43234 Olympia, WA 98504-3234 (360)902-2200 Issued Date: August 19, 2014 Permit Number: 2014-6-147+01 Project End Date: September 15, 2014 FPA/Public Notice Number: N/A Application ID: 493 PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Terry Stoeser 141 Old Ferry Rd Port Hadlock, WA 98339-9732 Project Name: Stoeser's Buoy Project Description: We will hire Alpha Marine Installations to install a Helix Mooring System. The Helix anchor will be installed with hydraulic drive. There will be a mid-line float to keep the line off the seabed. The square shaft Helix anchors are installed with the aid of hydraulics to screw the anchor through resisting soils. PROVISIONS 1. The project may begin August 20, 2014 and shall be completed by March 15, 2015. 2. NOTIFICATION REQUIREMENT: The Area Habitat Biologist(AHB) listed below shall receive written notification (FAX 360-427-2139 or email Margaret.Bigelow @dfw.wa.gov) from the person to whom this Hydraulic Project Approval (HPA) is issued (permittee)or the agent/contractor no less than three working days prior to the start of construction activities. The notification shall include the permittee's name, project location, starting date for work, and the control number for this HPA. 3. NOTIFICATION REQUIREMENT: The Enforcement Sergeant listed below shall receive written notification (FAX 36C -664-0689 or email Theodore.Jackson @dfw.wa.gov)from the person to whom this Hydraulic Project Approval (HPA) is issued (permittee) or the agent/contractor no less than three working days prior to start of work, and again within seven days of completion of work to arrange for a compliance inspection. The notification shall include the permittee's name, project location, starting date for work or completion date of work, and the control number for this HPA. 4. Work shall be accomplished per plans and specifications approved by the Washington Department of Fish and Wildlife entitled Mooring Buoy and dated July 18, 2014, except as modified by this Hydraulic Project Approval. A copy of these plans shall be available on site during construction. 5. The mooring buoy should be marked with a Department of Natural Resources issued identification number, or a Washington Department of Fish and Wildlife (WDFW) identification number consisting of the Hydraulic Project Approval (HPA) Control Number followed by WDFW. For example, if the HPA Control Number is 0000566456-01, then the mooring buoy identification number is 566456-01 WDFW. 6. The preliminary level eelgrass/macroalgae habitat survey, conducted by a qualified diver/biologist and submitted to WDFW with the approved application, verifies the absence of eelgrass, kelp, or other significant macroalgae species in a documented spawning location of Pacific herring; therefore, the mooring buoy system shall use either an embedment style anchor or a surface anchor. 7. The line length between the anchor and surface float shall not exceed the water depth as measured at extreme high tide plus a maximum of 20 percent additional line for scope. 8. Project activities shall not degrade water quality to the detriment of fish life. Pang 1 of 4 Washington Department of Fish & Wildlife HYDRAULIC PROJECT APPROVAL PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Issued Date: August 19, 2014 Permit Number: 2014-6-147+01 Project End Date: September 15, 2014 FPA/Public Notice Number: N/A Application ID: 493 9. No petroleum products or other deleterious materials shall enter surface waters. 10. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), immediate notification shall be made to the Washington Military Department's Emergency Management Division at 1-800-258-5990, and to the Area Habitat Biologist listed below. LOCATION #1: 141 Old Ferry Rd, Port Hadlock, WA 98339-9732 WORK START: August 19, 2014 WORK END: September 15, 2014 WRIA Waterbody: Tributary to: 17- Quilcene- Snow Wria 17 Marine 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: SE 1/4 01 29 N 01 W +48.0329 -122.7397 Jefferson Location#1 Driving Directions APPLY TO ALL HYDRAULIC PROJECT APPROVALS This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW. Additional authorization from other public agencies may be necessary for this project. The person(s) to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies (local, state and/or federal)that may be necessary for this project. This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s)to whom this Hydraulic Project Approval is issued and operator(s) performing the work may be held liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day and/or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued under RCW 77.55.021 are subject to additional restrictions, conditions, or revocation if the Department of Fish and Wildlife determines that changed conditions require such action. The person(s) to whom this Hydraulic Project Approval is issued has the right to appeal those decisions. Procedures for filing appeals are listed below. PanP 2 of 4 ' sr Washington Department of Fish& Wildlife HYDRAULIC PROJECT APPROVAL PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Issued Date: August 19, 2014 Permit Number: 2014-6-147+01 Project End Date: September 15, 2014 FPA/Public Notice Number: N/A Application ID: 493 MINOR MODIFICATIONS TO THIS HPA: You may request approval of minor modifications to the required work timing or to the plans and specifications approved in this HPA. A minor modification to the required work timing means up to a one-week deviation from the timing window in the HPA when there are no spawning or incubating fish present within the vicinity of the project. You may request subsequent minor modifications to the required work timing. A minor modification of the plans and specifications means any changes in the materials, characteristics or construction of your project that does not alter the project's impact to fish life or habitat and does not require a change in the provisions of the HPA to mitigate the impacts of the modification. Minor modifications do not require you to pay additional application fees or be issued a new HPA. If you originally applied for your HPA through the online Aquatic Protection Permitting System (APPS), you may request a minor modification through APPS. A link to APPS is at http://wdfw.wa.gov/licensing/hpa/. If you do not use APPS you must submit a written request that clearly indicates you are seeking a minor modification to an existing HPA. Include the HPA number and a description of the requested change and send by mail to: Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington 98504- 3234, or by email to HPAapplications @dfw.wa.gov. Do not include payment with your request. You should allow up to 45 days for the department to process your request. MAJOR MODIFICATIONS TO THIS HPA: You may request approval of major modifications to any aspect of your HPA. Any approved change other than a minor modification to your HPA will require issuance of a new HPA. If you paid an application fee for your original HPA you must pay an additional$150 for the major modification. If you did not pay an application fee for the original HPA, no fee is required for a change to it. If you originally applied for your HPA through the online Aquatic Protection Permitting System (APPS), you may request a major modification through APPS. A link to APPS is at http://wdfw.wa.gov/licensing/hpa/. If you do not use APPS you must submit a written request that clearly indicates you are requesting a major modification to an existing HPA. Include the HPA number, check, and a descriptior of the requested change. Send your written request and payment, if applicable, by mail to: Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234. You should allow up to 45 days for the department to process your request. APPEALS INFORMATION If you wish to appeal the issuance, denial, conditioning, or modification of a Hydraulic Project Approval (HPA), Washington Department of Fish and Wildlife (WDFW) recommends that you first contact the department employee who issued or denied the HPA to discuss your concerns. Such a discussion may resolve your concerns without the need for further appeal action. If you proceed with an appeal, you may request an informal or formal appeal. WDFW encourages you to take advantage of the informal appeal process before initiating a formal appeal. The informal appeal process includes a review by department management of the HPA or denial and often resolves issues faster and with less legal complexity than the formal appeal process. If the informal appeal process does not resolve your concerns, you may advance your appeal to the formal process. You may contact the HPA Appeals Coordinator at p60) 902-2534 for more information. A. INFORMAL APPEALS: WAC220-110-340 is the rule describing how to request an informal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete informal appeal procedures. The following information summarizes that rule. Pang! of 4 ' Washington Department of Fish& Wildlife HYDRAULIC PROJECT APPROVAL PO Box 43234 Olympia, WA 98504-3234 (360)902-2200 Issued Date: August 19, 2014 Permit Number: 2014-6-147+01 Project End Date: September 15, 2014 FPA/Public Notice Number: N/A Application ID: 493 A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request an informal appeal of that action. You must send your request to WDFW by mail to the Washington Department of Fish and Wildlife HPA Appeals Coordinator,600 Capitol Way North, Olympia, Washington 98501-1091; e-mail to HPAapplications @dfw.wa.gov; fax to (360) 902-2946; or hand-delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. WDFW must receive your request within 30 days from the date you receive notice of the decision. If you agree, and you applied for the HPA, resolution of the appeal may be facilitated through an informal conference with the WDFW employee responsible for the decision and a supervisor. If a resolution is not reached through the informal conference, or you are not the person who applied for the HPA, the HPA Appeals Coordinator or designee will conduct an informal hearing and recommend a decision to the Director or designee. If you are not satisfied with the results of the informal appeal, you may file a request for a formal appeal. B. FORMAL APPEALS: WAC 220-110-350 is the rule describing how to request a formal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete formal appeal procedures. The following information summarizes that rule. A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request a formal appeal of that action. You must send your request for a formal appeal to the clerk of the Pollution Control Hearings Boards and serve a copy on WDFW within 30 days from the date you receive notice of the decision. You may serve WDFW by mail to the Washington Department of Fish and Wildlife HPA Appeals Coordinator,600 Capitol Way North, Olympia, Washington 98501-1091; e-mail to HPAapplications @dfw.wa.gov;fax to (360) 902-2946;or hand-delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, you may request a formal appeal within 30 days from the date you receive the Director's or designee's written decision in response to the informal appeal. C. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS: If there is no timely request for an appeal, the WDFW action shall be final and unappealable. Habitat Biologist Margaret.Bigelow@dfw.wa.gov for Director Margie Bigelow 360-427-2179 WDFW Pane 4 of 4