HomeMy WebLinkAboutWetland Delineation ACE 977700081
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REPLY TO
ATTENTION OF
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DEPARTMENT OF THE ARMY
SEATTLE DISTRICT, CORPS OF ENGINEERS
P.O. BOX 3755
SEATTLE, WASHINGTON 98124-3755
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Regulatory Branch
Mike Zimmerman and Hope Borsato
253 Wansboro Road
Norland, Washington 98358
Reference: 200500123
Zimmerman, Mike and Hope Borsato
Dear Mr. Zimmerman and Ms. Borsato:
The regulatory program of the U.S. Army Corps of Engineers (Corps) utilizes a series of
nationwide permits (NWPs) to authorize specific categories of work that have minimal impact on
the aquatic environment when conducted in accordance with the permit conditions (Federal
Register, January 15,2002, Vol. 67, No. 10). Based on your information, NWP 18, for minor
Discharges, authorizes your proposal to construct a 12 ft wide driveway across wetlands, as
depicted on the enclosed drawings dated January 26,2005, provided you implement the
mitigation plan dated March 2005. The project would occur in wetlands near Nordland, in
Jefferson County, Washington.
Your application was subject to the pre-construction notification (PeN) requirements
described by NWP General Condition 13. This condition prohibits a prospective permittee from
conducting the proposed work before submitting a complete PCN to the Corps and waiting up to
45 days for written notification from the Corps that the activity either (1) may proceed under the
NWP, subject to any special permit conditions, or (2) requires authorization by individual permit
In this case, we did not notify you before 45 days passed since receiving your PCN. You are
authorized to conduct the proposed work provided you do so in full accordance with the enclosed
Nationwide Permit 18, Terms and Conditions.
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In order for this NWP authorization to be valid, the Washington State Department of
Ecology (Ecology) must have issued or waived Section 401 Water Quality Certification (WQC)
and, for Washington's 15 coastal counties, concurred with or waived a Coastal Zone
Management (ClM) consistency detennination. Based on our review of the proposed work, the
Corps has determined that the proposed work will be in compliance with Ecology's WQC imd
CZM consistency determination concurrence requirements for this NWP. Therefore, no further
coordination with Ecology is required.
We have reviewed your project pursuant to the requirements of the Endangered Species Act
(ESA). We have determined that this project will not affect any species listed as threatened or '
endangered under the ESA (or a species proposed for such designation) or destroy or advel1lely
.
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modify the critical habitat of such species. As such, this project satisfies the requirements of
NWP National General Condition 11.
Our verification of this NWP is valid for 2 years from the date of this letter unless the NWP
is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18,2007. It is incwnbent upon you to remain informed of
changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore,
if you commence or are under contract to commence this activity before the date that the relevant
nationwide permit is modified or revoked, you will have twelve (12) months from the date of the
modification or revocation of the NWP to complete the activity under the present terms and
conditions of this nationwide permit. This verification includes a preliminary jurisdictional
determination that is not appealable.
If this project complies with all terms and conditions of this NWP, you will need no further
authorization from ns. However, you must still obtain all State and local pennits that apply to
your project. Also, we remind you that failure to comply with all terms and conditions of this
NWP verification invalidates your authorization and could result in a violation 'of Section 404 of
the Clean Water Act and/or Section 10 ofthe 1899 Rivers and Harbors Act.
Upon completing the authorized work, please fill out and return the enclosed
Certificate of Compliance with Department of the Army Permit form to the address indicated on
the form. Your signature on this form is our assurance that the completed work and any required
mitigation was conducted in accordance with the terms and conditions of this NWP. '
Thank you for your cooperation during the permit process. Your efforts help us protect our
nation's aquatic resources, including wetlands. We are interested in your thoughts and opinions
conceming your experience with our Regulatory Program and encourage your to complete a
customer service survey form. This form and information about our program, including the
administrative appeal process, is available on our website at: www.nws.usace.annv.mil/rel!.html.
If you have any questions about this letter or our regulatory program, please contact me at
(206) 764-5528 or via email atJessica.G.Winkler@usace.annv.mil..
Sincerely,
Francis
Chief, South Application Review Section
Enclosures
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ConfirnBtion
Name/Number
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3603791746
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STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
PO Box 47775 . Olympia, Washington 98504-7775. (360) 407-6300
, March 29, 2005
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Mike Zimmerman and Hope Borsato
253 WaIlsboroRoad
Nordland, W A 98358
Dear Mr. Zimmerman and Ms. Borsato:
RE: Joint Aquatic Resources Permit Application (JARP A) for Driveway and Culvert, Jefferson
County, Washington
The Department of Ecology (Ecology) received the JARP A for the proposed Driveway and culvert
at 11 East Marrowstone Road on January 25,2005.
This letter is intended to: 1) inform you that we have received your application package;
2) provide contact information; and, 3) let you know what the next steps in the permitting process
will be.'
Ecology's goal is to issue the majority of our permits within 90 days provided that we have all of
the ~of1llation from the applicant and a determination from the U.S. Army Corps of Engineers
(CorPs) as to what type of permit they will be issuing (see below). Large and/or complex projects
may require additional review time, which will be agreed upon between Ecology and the
applicant Please be aware that our timeline goal does not include the time when the applicant is
providing information or responding to requests,
Information Received and Needed
With your JARP A, we also received the following document:
. Wetland Delineation and Mitigation Report by the Westech Company for Parcel Number:
977700081, Marrowstone Island, Jefferson County, Washington dated December 2004.
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W e~l be working with you,over the course of the permitting process to identify what other
infonfui'6.on is needed. Ecology may request additional information during our detailed project
review in order to provide reasonable assurance that water quality standards will be met
_ Information requested by Ecology will be dependent on the type of permit decision the Corps
, , m3kes (see attachment). Please be aware thattime spent waiting for information from you or the
Corps is in 'addition to the 9()';da'y decision goal mentioned above arid effectively stops our Clock.
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Corps Permits and Appropriate Ecology Permit
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Ecology must find out from the Corps the type of permit they wjll be issuing for your prbject
befof~)yecandetermine the appropriate Ecology permit for your project. The Corps Will issue,
, one of the following four permits for your project:
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~,,~f"~,~diY.igWU~e.~!i0I1404 Permit (under the Clean Water Act);
"cCJA'N'animWiae"e'''iiiUissUe<i un'aci'Section404 . ,"",;' . ,
i ,.~);~M~Yi4~r:ecti~ 10 p~t (Jinder the Rivers and Harbors Appropriation Act)
4)'ALette, r, 'of permission; issued under Section 10
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Theatt#hment provides informanonregarding theSe four different types of permits that the Corps
may is~ue for your project and the corresponding Ecology permit. .
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I lookforward to worlcingwith you on your proposal. Please contact me if you have any questions
regarding your application or the individual 401 Water Quality Certification (WQC) process at
(360) 407-7391 or e-mail loch46 I (alecv.wa.gov.
Sincerely,
QU/ .({;)~
Lori Ochoa
Federal Permit Manager
Shorelands and Environmental Assistance Program
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cc: Gwendolyn B. Moore & Patricia Britt
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Attachment
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;, Corps.l'ermits, and Ass9ciated Ec;ology Proc~ss,
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Setitioo404 Defmits;it~JIfiPfgj~ti9Ql\lA~;pl~D;1~Lqf.&!tmat~ri.a.Unto W~o/" or wetlands,
the~QpRsWil~sueanimdivid~ S~oqAQ1! penmtora nationy,jde ~t. c, .,'n" '
':'~:;\~~,i~)l~111i~f&i:g!f;'f:,"::'7'-:0~;f;*~\i'~>,>"""'" '.' ,. ,'7" "" ,..,,'.,. ';"' ,
.c'!~~!~~~!i!S~~!ln~'J.I~~t:.'!!ris type,Qf~rp~ ~1 ~W3.y$J~I!~;an individual
, S~~9I!,1Q,1 waterqllllli.ty~fication (WQC) ISSUed by Ecology., We wIll request more
-'~,!ifIDfQ~~p.nJI'9WYQ!l i!D<LI!l3.Y ~~~JIP a site yis.~t priorJo issuing tJ;W penmt.:'Ecology's
proceSs lriid timelinear.e as follows: ," ,q,...,.,,,i!.,,,, ;, ,,';.;:.,dii'lr ,..,'
,; ReqUest a<l<litional information( e.g., shoreline permit, Hydraulic Project Approval,
. ,; Sta,teEIiVironmerital Pellicy Act[SEPA] docuinents,CoastaiZOneManagement Act
, [CZMJdetermination form, wetland delineatieln/mi~gationreport) '" ,
,; (Corps. distriQutes }lublic Noticeuf Application, w.hich,includesEcology's public
notice
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,; Make 401 decision within 90 dlly$of receiving JARP A, as long asAJ,C;Cprpshas
issued the'Public Notice '
Nationwide permit: This type of Corps permit is a streamlined permit for projects that
meet the specifications of the activity described in the Corps"Special Public Notice
(found on the internet at
http://www.nws.usace.army.millPublicMenuJMenu.cfil1?sitename=REG&pagename=NW
P _2002).
When the. Corps issues a nationwide pennit, there are two potential outcomes:
1/ The Corps is able to determine that your project meets the State's conditions on the
nationwide permit, and your authorization letter from the Corp's states that you do not
need ,tocO!ltact Ecology. No further action is taken by Eco~()gy OJ! your application.
Pleasefa'x a'co~y oftbeCorps'authoriZation !<?,~,~[jo, Wy.'!';ttffiH?llllt (360)~07 -0284
so we can close out our file. ' ~ -
2. The Corps is not able.to determine that your projectmeets the State's conditions, and
directs you to co~~tEc~logy. ' ',' ,
If you are directed to contact Ecology, we may ask you for additional information in
order to determine if your project meets the State's conditions. In most cases, no WQC is
required and we are able to evaluate your project and respond with an approval letter
within two weeks.
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In some cases, yOillrta'y nero fo'obtaili-atl'indiViduitl Seetion401 WQC for i natiomvide I
permit. Ecology's process is as follows: '
, ,'.AI" :W" i Request additio'naIjfifh'nnatioIi '(e;g;~s]l(jielin~ permit;1Hyi!ralilicProject .Approval,
,SEP A docilii1ents'}!GZMderetillirl"tionfohn;:<WetIand Qe~ii6ti/nritigation repOrt) "
"v-... .. .}.,..,.,_:'.".....,... ,....'~,__" >.._,.... :':".:."'. _>"... _ .._:.,..~:<..,,__,__.,~,__, ,
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. imlt>t'~~$ilfe;5nd isSll~2,']:t'ilay~t~:iili'b'O'ti~.~idT ':Jtri6~t4)i. [ml1,,~,'\ l!: .,'I,i6h.,I ,
'71')m 1~"H!mHiw,w.~o!o"~;{rl 1:i:wi!'ii{';)!)W} iWils:>ifi115"ll";u""'; 0: "" ",,;>
; a 'V.,g,<:,1J4Make~40] decisi6~~~thiri:96liiys 6'tteceiVifig'JARPA; iifteithtCorps detemes
' . thirt they will issue a nationWidepeMllt ':"Gw~HQ; ,," "cs :mihmi't b"8 ~2<;:'C"q
. " .~
.~_Jii.:~:q]:{l~{r..}~i;;;~f,J~:t;:;'~; :,;i; ;.;-.:.~ 1.*;1.i~'~~:;~1::Jft.-tA1'lj~';:-? {.~~,';?;t {r()Ub{,l' (.,i ;~,: :.~~nt; ,; ',:_l~
Se'aioii'10 "Denilifs:'ff yow'lji'cljeefindrtdes 'oonsfruction of struCtUres'(e:g:, 'docks, piers, and
other moorage facilities) in naVigable waters, it niayrequirea Section i 0 permit from the Corps.
}dlndMdnal Section 1. Op~iiDit: :ThisiYPe 'of COiJis perririt iDayteqiiire a CZM
consistency determination ,by Ecology. Certification of consistency with the CZM
Progrilrit is Ecology's determination that a project complies with the following statutes
,'imdrc:gulanoi1S::i :',. '..', :,l1,'!i~':';" " 'c...c', ",; . ,,' ',e,.,.;" ,
. SEPA
· . Shoreline Management Act
.' Cle&'J.AirAcf:" "..
· Water Pollution Control Act (Clean Water Act)
The Corps will require you to submit a CZM consistency fonn that asks for information
about your compliance with the above statutes. The Corps then issues a Public Notice for
the Section 10 permit. After the comment period is over, Ecology can issue a CZM
consistency determination in approximately two weeks if you have all of the necessary
permits and ~rovals.
Letter of PermiSsion: ThisCorps authorization (generally for docks or piers) does not
require a responSe from Ecology.
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Ad'dititih3fpemrit pr&eSs1 mform~tioim 1ifililabl~ on EC(;(9gy'sWeb'p~ge aF
http://www.ecy.wagov/programs/sea/pac/ppds_info/revieW'.htinaiia'"9 }". ,
http://www,ecy.wagov/programs/sea/shorelan.html.
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