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HomeMy WebLinkAboutLUA-05-012/-- CITY OF RENTON PLANNING I BUILDING I PUBLIC WORKS MEMORANDUM Date: Aprll 20, 2005 To: City Clerk's Office From: Stacy M. Tucker Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. Project Name: Pritchard Dock Repair LUA (file) Number: LUA-OS-012, SME Cross-References: LUA04-099 -Pritchard Setback Variance AKA's: Project Manager: Nancy Weil Acceptance Date: February 11, 2005 Applicant: Marc & Kaaren Pritchard Owner: Marc & Kaaren Pritchard Contact: Marc Pritchard PID Number: 3342104040 ERC Decision Date: ERC Appeal Date: Administrative Approval: February 11, 2005 Appeal Period Ends: Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: The applicant is proposing to replace and/or·· repair existing 490 sq. ft. pier/dock associated with the single-family use on the site. The structure has 10 existing pilings. The repairs will include replacement of deteriorated structural framework, decking and piling. Proposed work to be completed between July 16 -December 31, as set by the Washington State Department of Fish & Wildlife and the Army Corps of Engineers. Location: 2807 Mountain View Drive Comments: Marc Pritchard 2807 Mountain View Ave Renton, WA 98056 tel: 206-793-4050 (owner / applicant) Updated: 02/04/05 PARTIES OF RECORD PRITCHARD DOCK REPAIR LUA05-012, SME Jeffrey Sidebotham Seaborn Pile Driving Co. 9311 SE 36th Street Mercer Island, WA 98040 tel: 206-236-1700 ( contact) (Page 1 of 1) , CITY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 15th day of February, 2005, I deposited in the mails of the United States, a sealed envelope containing Certificate of Exemption from Shoreline Substantial Development Permit documents. This information was sent to: ,Name Representing Marc & Kaaren Pritchard Owner Jeff Sidebotham Contact/Contractor Dept. of Ecology Office of Attorney General (Signature of Sender).;.~ ~ STATE OF WASHINGTON ) ) SS COUNTY OF KING ) Agency Agency I certify that I know or have satisfactory evidence that Stacy Tucker signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary (Print): My appointment expires: Adrl4.l7r1 SjI"l/tJr,., Pritchard Dock Repair LUA05-012, SME CITY OF RENTON CERTIFICATE OF EXEMPTION FROM SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT EXEMPTION FILE NO.: PROJECT NAME: APPLICANT: OWNER: PROJECT MANAGER: PROPOSAL: PROJECT LOCATION: LEGAL DESCRIPTION: SEC-TWN-R: WATER BODYIWETLAND: SHLEXEMP 05-012.dot February 11, 2005 LUA-05-012, SME Pritchard Dock Repair Marc Pritchard Marc Pritchard Nancy Weil, Senior Planner The applicant is proposing to replace and/or repair existing 490 square foot pier/dock associated with the single-family use on the site. The structure has 10 existing pilings. The repairs will include replacement of deteriorated structural framework, decking and piling. Proposed work to be completed between July 16th and December 31 st, as set by The Washington Department of Fish & Wildlife and the Army Corps of Engineers. 2807 Mountain View Drive 82A HILLMANS LK WN GARDEN OF EDEN # 1 POR BEG AT NXN OF S LN LOT 81 WITH MDR LN TH E ALG S LN & ITS PROD 35 FT TO SWL Y LN N P RIW TH NWL Y ALG SWL Y LN 24 FT TH S 51 DEG 21 MIN 04 SEC W 32 FT TO POB & 82 & SH LDS ADJ LESS POR BEG AT NXN OF MDR LN WITH N LN LOT 82 TH S 50 DEG 36 MIN 04 SEC W 50.70 FT TH N 46 DEG 34 MIN 00 SEC W 10.82 FT TO PT WCH BEARS S 62 DEG 15 MIN 42 SEC W FRM POB TH N 62 DEG 15 MIN 42 SEC E TO POB 31-24-5 Lake Washington An exemption from a Shoreline Management SUbstantial Development Permit is hereby granted on the proposed project described on the attached form for the following reason(s): ~ Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. 1. "Normal maintenance" includes those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. 2. "Normal repair" means to restore a development to a state comparable to its original condition, including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to the shoreline resource or environment. 3. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including, but not limited to, its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to shoreline resources or environment. The proposed development is consistent or inconsistent with (check one): CONSISTENT INCONSISTENT xx Policies of the Shoreline Management Act. N/A The guidelines of the Department of Ecology where no Master Program has been finally approved or adapted by the Department. xx The Master Program. 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"C~T: ~ «:::n'~o ~\J \\\.'C.. ~~\'\.\ ~l\ <..,0 . b?\" !-lL1-o5' .. -.,; . ~ , < " .... ',' j' 05 012 , City of Renton OEv~7P:~Wt;f:~~NING LAND USE PERMIT JAN 28 2005 MASTER APPLICATIONRECEIVED PROPERTY OWNER(S} PROJECT INFORMATION NAME: PROJECT OR DEVELOPMENT NAME: \>Q..\\0\\'i\~~ ~C0~ \:~~~~\ ~ ADDRESS: ~ 3 C5 v. CITY: D , '_ '" "-~~ ~ , .. PROJECT/ADDRESS(S)lLOCATIO\\,AND Z1{0DE: ___ .. ~ Ber\. YY\o~~\'i\\0 \~ 0~ ~~~\\}~ ~y\·.;q80~G TELEPHONE NUMBER: ~Ob-· <{3-4os-o APPLICANT (If other than owner) ., KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 33 L..I cA\D '-1 OLfO NAME: EXISTING LAND ~E(S): L S\\) G~l~ . '" IA-M\ \ R-esl \)\ZNC~ .' r COMPANY (if applicable): PROPOSED LAND USE(S): , ADDRESS: EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: CITY: ZIP: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): TELEPHONE NUMBER EXISTING ZONING: }?'-8 CONTACT PERSON PROPOSED ZONING (if applicable): SITE AREA (in square feet): 660 SQUARE FOOTAGE OF ROADWAYS TO BE DEDICATED FOR SUBDIVISIONS OR PRIVATE STREETS SERVING THREE LOTS OR MORE (if applicable): PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable): ZIP: .l·,{ q l? 0 0 NUMBER OF PROPOSED LOTS (if applicable): ,,' ..... ') TELEPHONE NUMBER AND E-MAIL ADDRESS: ., _,l' NUMBER OF NEW DWELLING UNITS (if applicable): Q:\WEB\PW\DEVSERV\Forms\Planning\masterapp.doc08I29/03 " PR ECT INFORMATION (contir d) NUMBER OF EXISTING DWELLING UNITS Of applicable): PROJECT VALUE: \ SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (If applicable): IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): o AQUIFER PROTECTION AREA ONE o AQUIFER PROTECTION AREA TWO o FLOOD HAZARD AREA sq. ft. o GEOLOGIC HAZARD sq. ft. o HABITAT CONSERVATION sq. ft. o SHORELINE STREAMS AND LAKES sq. ft. o WETLANDS sq. ft. LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included) ,._-..... -,-- SITUATE IN THE QUARTER OF SECTION -' TOWNSHIP -' RANGE--, IN THE CiTY···· OF RENTON, KING COUNTY, WASHIf'JGTON. TYPE OF APPLICA TION & FEES List all land use applications being applied for. 1. 3. 2. 4. Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP I, (Print Name/s) . ../tn ftc k..-Tc " ,] c Gttrv=f , declare that I am (please check one) _ the current owner of the property involved in this appflc:ation or __ the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing ._, statements and answers herein;{. ta· ed and the information herewith are in all respects true and correct to the best. of my knowledge a~ belief. d ~ ~ I """'Y that I know., have _!ado ................ ~c. B. .... -! cAM -- / signed this instrument and acknowledged it to be hislhel1ih8irfiee and voluntary act for the ~ , . ; ( , uses and;urses m~nti~':i~ the ~"r%e~~ . . .' '.' " (Signature of OwoerlRepresentative) ~ ~~ .................. """', .. ' ........ "N 1(.4.': "~I .:-~-~\."' .•• :.~OLII" . .: ···SSION ~:.: ~ ',. '::!!.!:;"a::l=s:~~ e~vfa.J F ~/$» : ~ ... ~ .....,...o .. '~', . . ; /~ QTAII ~\ "" ~ , '0 ~ y tI'\. ~ (Signature .....;... .. .., ......... ' ~nJa.ti"froKKO NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES MARCH 19, 2006 ..,......-....,..~ ... ~,..... Q:\WEB\PW\DEVSERV\Forms\Planning\mastcrapp.doc08129/0J . MARILYN KAMCHEFF Notary (Print)' ___ .~9 *l!l\"~~n"rlfoINffi'flvblf~E~N'fffEX~P~IR~ES~6=='~~1I:l=6!lTr-- My appointment expires:. ________ _ ~ • _._ (I): ., ~ : $ " . Pu C . ~ ~ (f) ... BL\ ... ;: ! ~;..\ .. .. 0 .-" .,~ ••• 8·29 01 ... ~~ ,: _. , I,. ~ O· ..... : .... ·\~v _: . 'a" ~WAS't'\ ........ . "l\\\" .................. ... , City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION NAME: PROJECT OR DEVELOPMENT NAME: ADDRESS: PROJECT/ADDRESS(S)lLOCATION AND ZIP CODE: -, ... CITY: ZIP: TELEPHONE NUMBER: KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): APPLICANT (if other than owner) NAME: EXISTING LAND USE(S): COMPANY (if applicable): PROPOSED LAND USE(S): ADDRESS: EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: CITY: ZIP: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): TELEPHONE NUMBER EXISTING ZONING: CONTACT PERSON PROPOSED ZONING (if applicable): NAME: SITE AREA (in square feet): SQUARE FOOTAGE OF ROADWAYS TO BE DEDICATED COMPANY (if applicable): FOR SUBDIVISIONS OR PRIVATE STREETS SERVING THREE LOTS OR MORE (if applicable): ADDRESS: PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable): CITY: ZIP: NUMBER OF PROPOSED LOTS (if applicable): TELEPHONE NUMBER AND E-MAIL ADDRESS: NUMBER OF NEW DWELLING UNITS (if applicable): Q:\WEB\PW\DEVSERV\Fonns\Planning\masterapp.doc08I29/03 ", PR ECTINFORMATrl~O~N~(~c~on~t~in~~d)~ ____________ ~ NUMBER OF EXISTING DWELLING UNITS (if applicable): SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (If applicable): SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (If applicable): SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (If applicable): NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (If applicable): PROJECT VALUE: IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (If applicable): Cl AQUIFER PROTECTION AREA ONE Cl AQUIFER PROTECTION AREA TWO Cl FLOOD HAZARD AREA sq. ft. Cl GEOLOGIC HAZARD sq. ft. Cl HABITAT CONSERVATION sq. ft. Cl SHORELINE STREAMS AND LAKES sq. ft. Cl WETLANDS sq. ft. LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following infonnation included)-- SITUATE IN THE QUARTER OF SECTION _, TOWNSHIP _, RANGE_, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. 3. 2. 4. Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP I, (Print Name/s) ---'111 tl c k." 1c, ,} c G ttrv1 , declare that I am (please check one) _ the current owner of the property involved in this application or __ the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing stateme, nts and answe, , rs herein 7ta' and the information herewith are in all respects true and correct to the best of my knowledge and belief. /! -.-'~t-I certify that I know or have satisfadory evidence that ~ P (", ~ clJ /trd / ,11j / ,_I , signed this instrument and acknowledged it to be hislherJthelr and voluntary ad for the ,I I ~ ((~/ ~ -uses and;:.urses m~ntlon.: i~ the ~nsr%e~l (Signature of OwnerlRepresentatlve) ~~tf:?y-- '1P"""i-----""""&~ ....... "';;... (Signature ~nJa.tIJ«>KKO NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES MARCH 19,2006 ~~"""';"';",~.~ .•. ' ...... ' •• ~~~~""1.1.~ Q:\WEB\PW\DEVSERV\Fonns\PJanning\rnasterapp.doc08I29/03 '-mCV . '£ Kfhy, Jr Notary Public in and lrt: State of Washington eJ,~v{gJ F ~/~ MARILYN KAMCHEFF Notary (Print)' ___ ,ro./-9 IMI(Pef"I'j'llltINA'll'fvIll5IE'llAHTfi;El(YiiPIl&I~~ESi-A6=::94~Silof=6~7 -- My appointmentexpires:, ________ _ \ t City of Renton Development Services Division 1055 South Grady Way Renton, *A: 98055"""~1: DEVELOPMENT PlANNING CITY OF RENTON JAN 2 8 2005 RECEIVED 05 012 January 14, 2005 Re: Project Narrative Location: 2807 Mountain View Drive Renton, WA 98055 Owner: Mr. Marc Pritchard Se ~ sec 31 T 24 R 5E Tax ID: 334210-4040 Square footage (lot) 660 sq. ft. Pier: 492 Front Footage: 35' Land Use Permits 1. Shoreline Exemption 2. Building Permit Zoning R-8 House: 400 The site is a single family residence (400 sq. ft) with a 492 square foot pier located on the shoreline of Lake Washington. The site is a low bank shoreline with good drainage conditions. The proposed work is to repair the existing pier. This is the normal type of repair for structures of this age, involving replacing deteriorated structural framework, decking and piling. There are currently ten piling supporting the pier. We are proposing to repair any piles that are in reusable condition and replace those beyond repair. We believe this project is shoreline exempt since it is normal maintenance of an existing structure which was established prior to the effective date of the " shoreline management act. This project should fall under the guidelines set forth in WAC 173-14-040-1 a & b and WAC 173-14-055-1&2. No other additions are proposed and there will be no change in size or configuration. The projected project cost will be approximately $ 10,000.00 The project will be completed within the timing conditions set by The Department of Fish & Wildlife and Corps of Engineers, July 16 -December 31. The hours will , be between 7am and 4pm Monday through Friday. A best management plan will be implemented to minimize any impacts to the surrounding areas. completed by a barge mounted crane. Please note that we have received permits from The Corps of Engineers authorizing this work. (copy ~nclosed) Approval from The Department of Fish and Wildlife will be necessary however we cannot apply for this permit until we receive a DNS or shoreline exemption from The City of Renton. Please call us at 206-236-1700 if you need any additional information. Sincerely, SEABORN PILE DRIVING COMPANY By Jeffrey R. Sidebotham // COR s --- ~ ----- ~ ~ , _ ---7--~ ----l~ ___ _ s ~ ZONING '0 ~ TJICBNlCAL SEJl.VlCl!S C3 31 T24N R5E E 1/2 5431 CITY OF RENTON JAN 2 8 2005 RECEIVED 05 012 .r--L.?t~~. ~"'\~~\,\ \~,,\~~ .I'---.... E"'\~ \~~ ~o"l. ~\x<;Z... , , '?U9.~ OSE, ~ l\?\n~ T~~ I:..'io\.>\ \"" ~ ~c:.\~-Q..\=(. O~\I.J.l'4\-:..:t\.g«" E.~\Q.'lc.o'W:... \~\.~ RQS". '?ioptC.~\'l O~ ~-e:..g 'S . \") ~<e,\\ ~o'-l ~\'?I\'-\ 'l\~~ ~). ~SCl~ MOu..~,.,,.) 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To ~E-~t..?~\tt~n .~?Ll\{.,t.. c.~~s s\9-\.~~~· ~~\Z.) 2\·85 K---) l.'--tt-k~~::iL:--::--~~--"'" J1--~~_ 11 :-\ L -::: \ \ :-tl=" \.,- ~ -(I)\,\ ,,\ c... 10 ~CC 'i;. ~~"" !)-"&t t.~rl"",c..eo AU_ E.~\ >Tl~~ ~\\..'!::..~ To. ~w:.. .~~\>_~""Lb. o R. ~~,?\...~<:"\-:..IC> 9\-;:. ~ e.Lt.5.~ FT i2-'\ -_ t:.~\~11"\~ ~;\Lt..~ To ~'C.... R~1?f'I\Rl'<.;9 o <;L ~~ \>'-'9\<"~,? ( J 0 ,o'~'L\ (8: Q\~ ~~\~(\) _ .£.\'\& S\~\~tt\~"'> "\Q l!>e ~c.~L'f\c..~~ """'" "?I. \ '"' ~ \~ Sr~ \'O~ b'l.;)..Z\·\o~~ ~~~ -~\Q..~p-:r;~~\1O?-E ~ 't:...c.~ ~E..C\ \O~ To lot ~~~~\~~_ - \b""i0l...\~8-.' ?\ 'E:. ~ ~ ~ 'fot ~ \. "-\. ~ \:)~""\" iIr \\ ~ ~n ::: \Qa~\ pu rl~cS~ ., ~~\~'<\~\-..) £.i\~\~ ~ ~ \" O-'-A(.T(..\.'CUC...~ ~ t't'\U 1'-\ ~ CO~ .J.'. S')" t:~\. V1. \ ~ . ~~S··~e...o?'Ft:.~'-t O'-N~~~) . \) ~\- ..1~n N\ou..~\IT\\J\h~ \)~ ~~~ \\l\l \ \r-,\tIt-,\f,o'n, ..lS<.K n-.o.o.~h""'~I~ R..~~\"~ I'\'l.~ <1.'ao,,)b 3f~ ?O-s-;..o '. ~ . .'e_y f'1 ~ 'E..·{L~\\~\C.\ ~'i-,l.. <{ ,?\t,l<- F\~'C. \"';-I-J..\'8~ :r~~'I\o~:.. ~EL\( I ,,\ ~ L ?r\i!.~ ~ ~~~ \~'" To ~ Pt T ~ Rt.."-\.~o~ "-~~\).i\,\ '. ~ \ ,,\ (\ PI ~ ?L\<...-A-~\: ,.....,.~-t'\'f\.i2..<.. ~~\\c....\\-f\ A..O ?rG. -o:c.~T: '5 tc.'it·~o R\J \\\.~ ~~\'\.\ ~l'\ <..0 . b?\ !-lL1-0? .. REPLY TO ATTENTION OF Regulatory Branch DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE, WASHINGTON 98124-3755 NOV 2 3 ID04 Mr. Marc and Mrs. KaarenPritchard 2807 Mountainview Avenue Renton, Washington 98055 05 012 DEVELOPMENT P . . CITY OF AENT~~NING JAN 282005 RECEIVED· Reference: 200400081 Pritchard, Marc and Kaaren Dear Mr. and :Mrs. Pritchard: We have reviewed your application for after-the-fact Department of the Anny authorization to repair a pier and piling, retain a boatlift, and place gravel along the shoreline. The U.S. Anny Corps of Engineers' (Corps) regulatory program provides for the authorization of certain work that is minor in nature, would not have significant individual or cumulative impacts on the environment, and should encounter no appreciable opposition by a type of pennit known as a "Letter ofPennission" (LOP). We have determined that your proposal to repair or replace up to ten piles, repair decking, caps, stringers, and fascia, and retain a boatlift meet these requirements and is authorized by this LOP .. ill addition, the Corps has issued a series of nationwide pennits (NWPs) to authorize specific categories of work that have minimal impacts on the aquatic environment when conducted in accordance with the permit conditions (Federal Register, January 15, 2002, Vol. 67, No.10). Based on the information you provided to us, NWP 18, Minor Fill, authorizes your proposal place up to 10 cubic yards total ofrock, cobble, and gravel along the shoreline. The existing and proposed work would occur in Lake Washington, at Renton, King COl.inty, Washington. The purpose of the proposed project is to provide watercraft storage and safe water access, and to mitigate for aquatic impacts from unauthorized pier and bulkhead construction. Your authorization to conduct the proposed work under this LOP and NWP 18 is contingent upon you conducting the work as shown in the enclosed drawings dated November 10, 2004, (which are made part of this permit), compliance with the enclosed Letter of Permission General Conditions, with the terms and conditions of the enclosed Nationwide Permit 18, Terms and Conditions, and compliance with the following special conditions: •. -2- a. For the protection of bald eagles, chinook salmon, and bull trout, you may conduct the authorized in-water work during the period from July 16 through October 31 of any year this pennit is valid. You may not conduct any of the authorized in-water work during the period from November 1 through July 15 of any year this pennit is valid. b. You must implement and abide by the Endangered Species Act (ESA) requirements and/or agreements set forth in the documents entitled, programmatic biological evaluation specific project infonnation fonns for the "illstallation or Replacement of One (1) Watercraft Lift Per Property," dated June 10,2004, ''Nearshore Fill," dated June 15,2004, and "Replacement of up to Eighteen (18) Existing Piling," dated July 12, 2004, prepared by Seaborn Pile Driving Company. Both agencies will be infonned of this permit issuance. Failure to comply with the commitments made in this document constitute$ non-compliance with the ESA and your Corps permit. The U.S. Fish and Wildlife Service (USFWS)lNational Marine Fisheries Service (NMFS) is the appropriate authority to detennine compliance with ESA. Your ~8~orization to conduct the proposed ramp and float modification under this LOP expires .2 3 iJXJl. Please remember that failure to comply with the tenns and conditions of this LOP, including any special conditions, invalidates your authQrization and could result in a violation of Federal law. Any change in the plans for this work will require that you submit revised drawings to this office and receive our written approval of those changes prior to conducting the work. The proposed pile stub excavation and clean sand backfill activities verified under this NWP 18 authorization must be completed within two years from the date of this letter. If the authorized work has not been completed by that date, you should contact us to find out what pennit requirements are then in effect. Upon completing the authorized work, you must fill out and retumthe enclosed Certificate of Compliance" with Department of the Army Permit fonn to the address indicated on the fonn. Your signature on this fonn is our assurance you have conducted the work and any required mitigation in accordance with the tenns and conditions of this LOP and NWP, including any special conditions. ill order for this NWP 18 authorization to be valid, the State of Washington Department of Ecology (Ecology) must have issued or waived Section 401 Water Quality Certification (WQC) and, for Washington's 15 poastal counties, concurred with or waived a Coastal Zone Management (CZM) consistency detennination. Based on our review of the proposed work, the Corps has detennined that the proposed work will be in compliance with the State's WQC and CZM consistency determination concurrence requirements for this NWP. Therefore, no further coordination with Ecology is required. • , . , -3- We have reviewed your project pursuant to the requirements of the ESA. After consulting with the NMFS and USFWS, we have determined that this project will meet the requirements of the ESA provided you comply with special conditions "a" and "b" listed above. We have also reviewed your project pursuant to the requirements of the Magnuson-Stevens Fishery Conservation and Management Act, as amended by the 1996 Sustainable Fisheries Act, and determined that the proposed action will not adversely affect Essential Fish Habitat for federally managed fisheries in Washington. Under the provisions 'ofthe Corps' Regulatory Program Administrative Appeal Process, you have the right to appeal this LOP permit decision in accordance with the enclosed Notification of Administrative Appeal Options and Process and Request For Appeal. Ifwe have not received an objection from you within 60 days of the date of this letter, or if you conduct the authorized work, we will presume that you have accepted, and will comply with, all terms and conditions of this LOP. This authorization resolves your violation of Section 10 of the 1899 Rivers and Harbors Act. For future reference, regulations and guidelines implementing our permit program under Section 404 of the Clean Water Act require that you obtain a permit prior to the discharge of any dredged or fill material into waters of the U.S. including wetlands (definitions enclosed). Under Section 10 of the Rivers and Harbors Act of 1899, you are required to obtain ~ permit prior to performing work in a navigable water of the U.S. Please contact this office prior to the commencement of any work in these areas to obtain the appropriate approval. While this project will not require further authorization from us, please note that it must comply with all State, local, and other Federal requirements that may apply. For example, you should contact the Washington State Department of Natural Resources before starting work for a determination of leasing requirements for work over submerged lands. For further information, we recommend you contact the Washington Department of Ecology's Pennit Assistance Center at (800) 917-0043 or, on the Internet, at http://www.ecy.wa.gov/programs/sealpac/. Please remember that failure to comply with the terms and conditions of this LOP and NWP, including any special conditions, invalidates your authorization and could result in a violation of Federal law. Any change in the plans for this work will require that you submit revised drawings to this office and receive our written approval ofthose changes prior to conducting the work. Thank you for your cooperation during the permit process. Your efforts help us proteCt our nation's aquatic resources. Please remember to fill out and return the compliance certification form within 30 days of completing the authorized work. We are interested in your thoughts and opinions concerning your ,experience with the U.S. Army Corps of Engineers, Seattle District's Regulatory Program. Please complete a Customer Service Survey form. The form is available on our website at: http://per2.nwp.usace.army.mil/survey.html. -4- A copy ofthis letter, with enclosures, will be provided to Seaborn Pile Driving Company, . Mr. Jeffrey Sidebotham, 9311 Southeast 36th Street, Mercer Island, Washington 98040. If you. have any questions about this letter or our regulatory program, please contact Ms. Suzanne Skadowski, by telephone (206) 764-6984, or by email Suzanne.A.Skadowski@usace.army.mil. BY AUTHORITY OF THE SECRETARY OF THE ARMY: Enclosures ~/!rf~ ~ebra M. Lewis . Colonel, Corps of Engineers District Engineer