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REPLY TO <br />ATTENTION OF <br />Regulatory Branch <br />DEPARTMENT OF THE ARMY <br />SEATTLE DISTRICT, CORPS OF ENGINEERS <br />P.O. BOX 3755 <br />SEATTLE, WASHINGTON 981243755 <br />Pat Deneen, Manager 20 <br />� A l 3 08 <br />Cle Elum Pines <br />P.O. Box 808 <br />Cle Elum, Washington 98926 <br />Reference: NWS -2007 -1986 -CRC <br />Cle Elum Pines <br />Dear Mr. Deneen: <br />We have reviewed your application to place fill associated with removal of abandoned water <br />diversion structures for the purpose of improving fish passage in Currier Creek at Ellensburg, <br />Kittitas County, Washington. Based on the information you provided to us, Nationwide Permit, <br />(NWP) 27, Aquatic Habitat Restoration, Establishment, and Enhancement Activities (Federal <br />Register, March 12, 2007 Vol. 72, No. 47), authorizes your proposal as depicted on the enclosed <br />drawings dated January 2, 2008. In order for this NWP authorization to be valid, you must <br />ensure that the work is performed in accordance with the enclosed Nationwide Permit 27, Terms <br />and Conditions and the following special conditions: <br />a. This U.S. Army Corps of Engineers (Corps) permit does not authorize you to take a <br />threatened or endangered species, in particular the Middle Columbia River Steelhead. In order to <br />legally take a listed species, you must have a separate authorization under the Endangered <br />Species Act (ESA) (e.g., an ESA Section 10 permit, or ESA Section 7 consultation Biological <br />Opinion with non -discretionary "incidental take" provisions with which you must comply). The <br />BO prepared by the National Marine Fisheries Service (NMFS) dated August 1, 2003 for the <br />BPA's Habitat Improvement Program contains mandatory terms and conditions to implement the <br />reasonable and prudent measures that are associated with the specified "incidental take" in the <br />BO (NMFS Reference Number 2003/00750). Your authorization under this Corps permit is <br />conditional upon your compliance with all of the mandatory terms and conditions associated <br />with incidental take of the referenced BO. These terms and conditions are incorporated by <br />reference in this permit. Failure to comply with the commitments made in this document <br />constitutes non-compliance with the ESA and your Corps permit. The USFWS/NMFS is the <br />appropriate authority to determine compliance with ESA. <br />b. In order to protect the listed threatened and endangered species in the project area, the <br />permittee may conduct the authorized activities only during the in -water work window as agreed <br />to and documented in writing through consultation by the U.S. Fish and Wildlife Service and/or <br />National Marine Fisheries Service (Services) in any year this permit is valid. If changes to the <br />originally authorized work window are proposed, the permittee must re -coordinate these changes <br />