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U • S • Arm y Corp of Cor Engineers - Letter of Permission
<br /> DEPARTMENT OF THE ARMY CONDITIONS TO LETTER OF PERMISSION
<br /> � `�"�"•`\ SAN FRANCISCO DISTRICT,US.ARMY CORPS OP ENGINEERS
<br /> e� ?" 1455 MARKET STREET
<br /> •jp IIffII''�^'� BAN FRANCISCO,CALIFORNIA 99103.4398 PERMITTEE: Mr.Peter Dunne,One Marina Owners Association
<br /> �
<br /> JAN N 1 4 TA FILE NO.:SPN 2012-003185
<br /> REPLY r'o GENERAL CONDITIONS:
<br /> ATTENTION OF
<br /> I. The time limit for completing the work authorized ends on January 13.2019, If you find that you need more
<br /> Regulatory Division time to complete the authorized activity,submit your request for a time extension to this office for consideration
<br /> at least one month before the above date is reached.
<br /> SUBJECT: File Number SPN 2012-003185 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terns
<br /> and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity,
<br /> although you may make a good faith transfer to a third party in compliance with General Condition 4 below.
<br /> Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good
<br /> LETTER OF PERMISSION faith transfer,you must obtain a modification of this permit from this office,which may require restoration of the
<br /> area.
<br /> Mr.Peter Dunne 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity
<br /> One Marina Owners Association authorized by this permit,you must immediately notify this office of what you have found. We will initiate the
<br /> 650 Bair Island Road,Suite 100 Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is
<br /> Redwood City,CA 94063 eligible for listing in the Nation a€Register of Historic Places.
<br /> Dear'Mr.Dunne: 4. If you sell the property associated with this permit,you most obtain the signature of the new owner in the space
<br /> provided and forward a copy of the permit to this office to validate the transfer of this authorization.
<br /> You are hereby granted Department of the Army authorization to construct a new 40-slip 5. A conditioned water quality certification has been issued for your project.You must comply with the conditions
<br /> marina associated with the One Marina development located east of Bair Island Road,in specified in the certification as special conditions to this permit. For your convenience,is copy of the certification
<br /> Redwood City,San Mateo County,California(37°29'46.42"N,-122°13'14.95"W). The is attached if it contains such conditions(Enclosure 7).
<br /> above activity must be performed in accordance with the enclosed plans and drawings titled,
<br /> "One Marina Redwood City,California,Attachment 4,Figure 3.Proposed Project"and dated S. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to
<br /> October 3,2012(Enclosure 1). ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.
<br /> This authorization is issued pursuant to Section 10 of the Rivers and Harbors Act of 1899(' 7. You understand and agree that,if future operations by the United State require the removal,relocation or other
<br /> alteration of the structure or work authorized herein,or if in the opinion of the Secretary of the Army or his
<br /> U.S.C.Section 403)and is subject to the enclosed conditions(Enclosure 2),as applicable, authorized representative,said structure or work shall cause unseasonable obstruction to the free navigation of the
<br /> Section 10 of the Rivers and Harbors Act generally regulates construction of structures and navigable waters,you will be required,upon due notice from the Corps of Engineers,to remove,relocate,or alter
<br /> work,including excavation,dredging,and discharges of dredged or fill material,occurring belt the structural work or obstructions caused thereby,without expense to the United States. No claim shall be made
<br /> the plane of mean high water in tidal waters of the United Slates;in former diked baylands against the United States on account of any such removal or alteration.
<br /> currently below mean high water;outside the limits of mean high water but affecting the
<br /> navigable capacity of tidal waters;or below the plane of ordinary high water in non-tidal water: SPECIAL CONDITIONS:
<br /> designated as navigable waters of the United States. Navigable waters of the United States
<br /> generally include all waters subject to the ebb and flow of the tide;and/or all waters presently
<br /> used,or have been used in the past,or may be susceptible for future use to transport interstate o 1• The U.S.National Marine Fisheries Service,(NMFS)concurred with the determination that the project was not
<br /> foreign commerce. A Preliminary Jurisdictional Determination(JD)has been completed for likely to adversely affect federally listed these species.s. This concurrence nice wa, green sturgeon in part,(tcrp project
<br /> nredfrosrris)and designated critical habitat for these species. This concurrence was premised,in part,on project
<br /> your site. Preliminary JDs are written indications that there may be waters of the U.S.on a work restrictions outlined in their correspondence of November 25,2013(enclosure 8). These work restrictions
<br /> parcel or indications of the approximate location(s)of waters of the U.S.on a parcel, are incorporated as special conditions to the LOP authorization for your project to ensure unauthorized
<br /> Preliminary JDs are advisory in nature and may not be appealed.Please see the enclosed incidental take of species and loss of critical habitat does not occur.
<br /> Preliminary JD map titled,"Preliminary Jurisdictional Determination,SPN File Number 2012-
<br /> 00318S,One Marina Project,Redwood City,San Mateo County,CA,(37.49726°N,- 2. The Corps initiated consultation with the National Marine Fisheries Service(NMFS)to address project related
<br /> 122.22292°W),"and dated January 7,2014(Enclosure 3). impacts to Essential Fish Habitat. Based on the north-south direction of the marina layout,use of grated
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