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Description:
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Close case
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Date Completed:
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2/28/2012
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Disposition:
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DONE
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Description:
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File Archived
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Date Completed:
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2/28/2012
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Disposition:
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DONE
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Description:
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Ntc of Dec Apprvl/Appl Inst-UF
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Date Completed:
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| | |
12/5/2005
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Disposition:
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| | |
DONE
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Description:
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| | |
Approve SDP Permit-UF
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Date Completed:
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| | |
12/5/2005
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Disposition:
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| | |
DONE
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Description:
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| | |
Sent to DOE this date
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Date Completed:
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| | |
12/5/2005
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Disposition:
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| | |
DONE
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Description:
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| | |
Hearing Examiner Decision
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Date Completed:
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| | |
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Disposition:
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| | |
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Description:
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| | |
Hearing Exam PH Notice-Pub-UF
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Date Completed:
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| | |
9/26/2005
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Disposition:
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| | |
DONE
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Description:
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| | |
Hearing Exam PH Notice-APO-UF
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Date Completed:
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| | |
9/26/2005
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Disposition:
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| | |
DONE
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Description:
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| | |
Ntc of App +14-Publish-U
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Date Completed:
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| | |
8/22/2005
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Disposition:
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| | |
DONE
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Description:
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| | |
Ntc of App +14-APO-U
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Date Completed:
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| | |
8/22/2005
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Disposition:
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| | |
DONE
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Description:
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| | |
Det. of Completeness-UF
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Date Completed:
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| | |
8/22/2005
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Disposition:
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| | |
DONE
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Description:
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| | |
Case Entered
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Date Completed:
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| | |
6/14/2005
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Disposition:
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Description:
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| | |
Septic Review Complete-U
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Date Completed:
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| | |
9/26/2005
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Disposition:
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| | |
DONE
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Description:
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| | |
App Substantially Complete-U
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Date Completed:
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| | |
8/19/2005
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Disposition:
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| | |
DONE
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Description:
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| | |
Stormwater Review-U
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Date Completed:
|
| | |
9/26/2005
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Disposition:
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| | |
DONE
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Description:
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| | |
Env. Sensitive Area Review-U
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Date Completed:
|
| | |
9/26/2005
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Disposition:
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| | |
DONE
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Description:
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| | |
Consistency Review-U
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Date Completed:
|
| | |
9/26/2005
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Disposition:
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| | |
DONE
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Description:
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| | |
RAP Review Complete-U
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Date Completed:
|
| | |
9/26/2005
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Disposition:
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| | |
DONE
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Title:
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| | |
DECISION & CONDITIONS
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Wording
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DECISION
Based upon the testimony presented at the Public Hearing, the documents and exhibits admitted into the record, and the above Findings of Fact and Conclusions of Law, it is hereby the decision of the Hearing Examiner that the Shoreline Substantial Secondary Use and Shoreline Development Permit application by the Washington State Parks and Recreation Commission for improvements at Mystery Bay State Park, be APPROVED subject to the following conditions:
1. Prior to issuance of the Jefferson County Building Permit, the applicant will be required to submit the following:
i. A small parcel Drainage and Erosion Control Plan as required by the Jefferson County UDC and described in UDC 3.6.10.f. Once the subject permit has been issued, the applicant shall fully implement the provisions of the submitted Drainage and Erosion Control Plan,
ii. All disturbed areas not improved (i.e. graveled, paved, or covered with structures) shall be revegetated.
2. Proper disposal of construction debris must be on land in such a manner that debris cannot enter the water body or cause water quality degradation of state waters.
3. All lumber and other materials treated with preservative shall be sufficiently cured to minimize leaching into the water or shore bed, in accordance with the Best Management Practices approved by the Washington Department of Fish and Wildlife.
4. In order to minimize visual impact, the pier, plank, and floats shall be constructed to harmonize with the local shoreline environment to the maximum extent practicable. This includes utilizing appropriate color(s), texture, non-reflective materials, and other design characteristics. If railings are proposed for the pier they shall be of clear or open framework design.
5. Construction shall be in substantial compliance with the site plans submitted to Jefferson County during the permit process as they exist now or are hereafter amended by Jefferson County and/or the Washington State Department of Ecology.
6. No fill or other material may be placed in the waters or inter tidal areas of Jefferson County.
7. Work within the jurisdiction of the Shoreline Program other than as described above shall receive separate review from this office.
8. Substantial progress towards completion of the project shall be performed within two years of the issuance of the permit.
9. Prior to construction, the proponent shall contact the Jefferson County Department of Community Development at (360) 379-4450 with estimated project timelines for monitoring and plan compliance.
10. Prior to the onset of construction, the applicant shall provide the Department of Community Development with the name and address of the contractor carrying out the project.
11. The applicant shall comply with the requirements of the Hydraulic Project Approval 101973-1 issued on October 4, 2005 from the Washington Department of Fish and Wildlife. Please contact Randi Thurston, WDFW at (360) 895-6123 with any question.
12. The proponent shall notify the US Army Corps of Engineers (COE) prior to commencing construction of the pier, ramp, and float to ensure that the requirements of the Section 10 Permit of the 1899 Rivers and Harbors Act are met. Contact the US Army Corps of Engineers, Seattle District Regulatory Branch, PO Box 3755, Seattle WA 98124, (206) 764-3495, for more information.
13. A building permit is required from the Jefferson County Department of Community Development prior to the construction/installation of the pier, plank, and floats. This shall include engineered stamped plans to ensure that the design of the overwater structure is safe in this marine environment. This shall also include ensuring that the structure has low flood damage potential, proper anchoring, and elevated or floodproofed utilities.
14. Prior to the issuance of a building permit for the pier, plank, and floats, the applicant shall submit a landscaping plan to DCD for review and approval. At a minimum the plan shall
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Title:
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F-SUMMARY
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Wording
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RE: Shoreline Secondary Use ) PROPOSED FINDINGS and Substantial Development ) CONCLUSIONS, AND
Permit ) RECOMMENDATIONS
File No: MLA 05-369 & SDP 05-17 )
Owner: Washington State Department of Natural Resources
P.O. Box 47014
Olympia, WA 98504
Applicant: Tom Murley
Washington State Parks & Recreation Commission
220 N. Walnut Street
Burlington, WA 98233
SUMMARY OF APPLICATION AND RECOMMENDATION:
The proposal is for improvements at Mystery Bay State Park on Marrowstone Island. The proposal includes resurfacing a portion of the existing 12 foot by 180 foot boat ramp and installation of a paved approach, approximately 150 feet long, above the existing boat ramp.
The proposal also includes the construction of a new 7 foot wide by 20 foot long pier, a 4 foot wide by 20 foot long grated metal ramp (plank), and a 6 foot wide by 80 foot long grated dock. The pier, ramp and float would be located parallel to the boat ramp.
The proposal also includes reconfiguring and upgrading the existing access and parking areas. A RV pad is proposed to accommodate the park attendant. The proposal also includes improving the restroom facilities. The RV pad, restroom facilities (including a septic tank and drainfield), new paved approach, three new parking spaces, and other improvements would be located within the 150 foot buffer required for the Category I wetland located to the west. The proposed drainfield would be located outside of the 150 foot wetland buffer (Log Items 2 & 3).
The Washington State Parks and Recreation Commission issued a Determination of Non-Significance (DNS) for this proposal on June 13, 2005. The comment period on the Threshold Determination ended on June 29, 2005 (Log Item 4).
Jefferson County will also require a building permit and septic permit for this proposal. A Stormwater Plan (Log Item 5), Wetland Delineation (Log Item 6), and Habitat Management Plan (Log Item 7) have been prepared for this proposal to address its impacts. A Biological Evaluation (Log Item 14) dated March 2005 has also been prepared for this proposal for compliance with Section 7 of the Endangered Species Act.
Other permits required for this proposal include Section 10 and 404 permits from the U.S. Army Corp of Engineers, a Hydraulic Project Approval (HPA) from the WA State Dept. of Fish & Wildlife, an Aquatics Lease from the WA State Dept. of Natural Resources, and a 401 Water Certification and Costal Zone Management Act review by the WA State Dept. of Ecology.
Staff Comment: This proposed improvements to Mystery Bay State Park located landward on the Ordinary High Water Mark (OHWM) are designated "Conservancy" by the SMMP. The portions of the boat ramp, pier, plank, and floats located waterward of the OHWM are designated "Aquatic" by the SMMP. The establishment of boat launches, piers, ramps, floats, and recreational uses in these designations require a Shoreline Secondary and Substantial Development Permit by the SMMP.
The existing park facilities located landward of the OHWM but within 200 feet of the OHWM are subject to the SMMP. These improvements include the existing parking areas, picnic/grass areas, restroom facilities, septic tank and drainfield. The repair, maintenance, and minor alteration of these facilities are considered "Normal Repair and Maintenance" and are considered exempt under Section 3.402(6) of the SMMP.
The review of this proposal is addressing new or significant alteration of existing improvements located at Mystery Bay State Park. For this proposal this includes the new pier, plank, floats and the repair of the boat ramp that are located waterward of OHWM. In addition, this review includes the paved approach to the boat ramp, which is located landward of the OHWM.
Recommendation: Approval with conditions.
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Title:
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F-BACKGROUND
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Wording
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BACKGROUND INFORMATION:
Owner: Washington State Department of Natural Resources
P.O. Box 47014
Olympia, WA 98504
Applicant: Tom Murley
Washington State Parks & Recreation Commission
220 N. Walnut Street
Burlington, WA 98233
Legal Description and Location: The eight acre parcel (021-294-012) is Tax Lot 2 and Tide Lands F located in the SE ΒΌ of Section 29, Township 30 North, Range 1 East, WM. The park is located on SR 116 (Flaggler Road), Nordland, WA 98358.
Site Conditions: The site contains the Mystery Bay State Park, which is located north of Mystery Bay. Existing improvements include: a 180 foot concrete boat ramp, an approximately 300 foot long wooden pier, 683 sq. ft of moorage dock area, seven mooring buoys, a sewage pump out station, parking areas to accommodate 30 vehicles, a restroom facility (two vault toilets), and grass/picnic areas. The areas to the north, east, and west are in residential use.
Shoreline Designation: Pursuant to the SMMP, the portion of the site located landward of the OHWM is designated "Conservancy". The portion of the site located waterward of the OHWM is designated "Aquatic"
Comprehensive Plan Designation: The Jefferson County Comprehensive Plan designates property and surrounding area Rural Residential, 1 dwelling unit per 5 acres (RR1:5).
Site Visits: A Pre-Application Conference (PRE_03-31) was conducted on August 22, 2003. The meeting was conducted on site and was attended bv Ron Grina, Consultant Parametrix, Inc., Michael Zimmerman, WA Parks and Recreation Commission, Randi Thurston, WDFW, Kevin Russell & Greg Ballard, Jefferson County DCD. Greg Ballard, DCD, visited the site on October 7, 2005.
Date of application: The Department of Community Development received the application on June 14, 2005. The application was determined to be substantially complete on August 22, 2005.
The Washington State Parks and Recreation Commission issued a Determination of Non-Significance (DNS) for this proposal on June 13, 2005. The comment period on the Threshold Determination ended on June 29, 2005. This threshold determination was determined by Jefferson County to be adequate for this proposal.
Notice of Application: The Notice of Application was published in the Port Townsend/Jefferson County Leader on August 24, 2005. Agencies and adjacent property owners were sent notice of the proposal on August 23, 2005. The property was posted on August 29, 2005. (Log Items 8 & 9).
The following comments were received regarding the proposal:
The Washington State Parks and Recreation Commission provided a letter dated September 15, 2005 (Log Item 10) to Randi Thurston, WDFW regarding mitigation for the HPA 101973-01.
Staff Comment: The WDFW concerns have been addressed as indicated through the issuance of the HPA 101973-01 on October 4, 2005 (Log Item 12). The issuance of a HPA indicates that impacts from the proposal could be mitigated to ensure that no net loss of fish habitat would occur. These mitigation measures are listed as provisions of approval of the HPA.
The WA State Department of Ecology (DOE) provided a letter dated September 2, 2005 (Log Item 11). The letter provided general comments related to water quality and stormwater issues.
Notice of Public Hearing: A Public Hearing before the Hearing Examiner is scheduled for Tuesday November 15, 2005 at 1 p.m. in the Jefferson County Courthouse. The notice inadvertently indicated that the meeting would be conducted in First Floor Conference Room of the Jefferson County Courthouse instead of the Board of County Commissioner's Chambers in the basement of the Jefferson County Courthouse. Parties of record will be notified of the hearing's location.
The Notice of Public Hearing was published in the Port Townsend/Jefferson County Leader on September 28, 2005. Agencies and adjacent property owners were sent notice of the public hearing on September 27, 2005. The property
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Title:
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| | |
F-FINDINGS & CONCLUSIONS
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Wording
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| | |
STAFF FINDINGS AND CONCLUSIONS:
1. The proposal is for improvements at the Mystery Bay State Park on Marrowstone Island. The proposal includes resurfacing a portion of the existing 12 foot by 180 foot boat ramp and installation of a paved approach approximately 150 feet long above the existing boat ramp.
The proposal also includes the construction of a new 7 foot wide by 20 foot long pier, a 4 foot wide by 20 foot long grated metal plank, and a 6 foot wide by 80 foot long grated dock. The pier, plank, and dock would be located parallel to the boat ramp.
Mystery Bay State Park is planning on reconfiguring and upgrading the existing access and parking areas. A RV pad is proposed to accommodate the park attendant. The proposal also includes improving the restroom facilities. The RV pad, restroom facilities, new paved approach, and other improvements would be located within the 150 foot buffer required for the Category I wetland located to the west. The proposed drainfield would be located outside of the 150 foot wetland buffer.
All of the proposed improvements located landward of the OHWM, except the approach to the boat ramp, are considered "Normal Repair and Maintenance" and qualify as a Shoreline Exemption under Section 3.402(6) of the SMMP and are not being reviewed through this proposal.
2. The proposed development is subject to the Unified Development Code (UDC) for Jefferson County, Washington. Provisions for the protection of environmentally sensitive areas are found in UDC 3.6.4 et seq. The following environmentally sensitive areas were confirmed by staff to be present on the subject property: Type 1 stream (Conservancy/Aquatic); Type 5 stream; marine habitat; water fowl concentration (over Mystery Bay); wetlands; floodplain; Sole Aquifer Recharge Protection Area (SARPA); and coastal SIPZ.
Staff Comment: Shoreline issues are addressed in this staff report. No improvements are proposed within 50 feet of the Type 5 stream. The Hydraulic Project Approval (HPA) 101973-1 issued by WDFW on October 4, 2005 will ensure that the fish habitat will not be impacted by this proposal. No comments were received from the WDFW regarding impacts to water fowl.
Wetlands- Issues related to wetlands are addressed by Section 3.6.4(g) of the UDC, which indicates that uses established prior to the adoption of the UDC on December 18, 2000 may be repaired and maintained without limitation of Environmentally Sensitive Section. Therefore, since the park has been in existence at least since the early 1970's, and the proposal is not further encroaching within the setback of the Category I wetland, this project has been evaluated to ensure that wetlands are not impacted by this proposal. This is addressed through the Wetland Delineation and Habitat Management Plan submitted with this application. The proposal was routed to Gretchen Lux, Wetland Specialist with DOE, who indicated that the saltwater wetland should be considered under the shoreline jurisdiction since it is functionally connected to Mystery Bay. She also indicated that DCD's recommendation for wetland enhancement in the form of removal of Himalayan blackberry and non-native roses and replacement with native vegetation may actually impact the wetland more than allowing the blackberries and roses to remain because people and pets may have easier access to the wetland through the replacement vegetation.
Because the proposed overwater improvements are located within the 100 year floodplain (FIRM # 5300690190 B), these improvements are required to meet the Jefferson County Flood Damage Prevention Ordinance (Ordinance # 18-1120-95). This will entail requiring engineered plans that ensure that the proposed improvements are designed to have low flood damage potential, provide minimal resistance to the flow of floodwaters, anchored to prevent damage to other structures, and have utilities elevated or flood proofed. The use of the property will not b
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Title:
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| | |
F-SMMP
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Wording
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| | |
8. The proposal is subject to the goals and policies of the Jefferson County Shoreline Management Master Program (SMMP). Most of the boat ramp, pier, plank, and floats are located waterward of the OHWM, which is designated Aquatic. For these activities the process is determined by the upland designation. The boat ramp approach, RV Pad, restroom facility, septic tank, drainfield, parking, and picnic areas are located landward of the OHWM. The area located landward of the OHWM is designated "Conservancy."
Staff Comment: The existing and proposed improvements located landward and waterward of the OHWM are subject to the SMMP. This review is not for the minor repair and maintenance of the existing improvements (parking, grass/picnic areas, and bathroom facilities) of the state park, which are considered exempt activities under 3.402(6) of the SMMP. This review addresses proposed pier, plank, and floats and significant alteration of the existing boat ramp (including paved approach). With the exception of the paved approach to the boat ramp, these improvements are located waterward of the OHWM.
In addition to lying within the 'Aquatic" and "Conservancy" shoreline designations, the proposal is subject to several other program policies and performance standards. The following sections of the SMMP are specifically applicable to the proposal; additional policies and performance standards may also apply:
Section 4.101 Aquatic
Section 4.103 Conservancy
Section 4.202 Secondary Use
Section 5.40 Boat Launches
Section 5.60 Docks, Piers, and Floats
These policy and performance standard requirements are discussed below.
9A. Master Program Section 4.101, Aquatic Designation, states that these areas are defined as:
The Aquatic designation refers to all water bodies, including marine waters, lakes, rivers, and streams, and their respective water columns and underlying lands that are defined as shorelines of the state.
9B. Master Program Section 4.101 also contains policy language applying to areas so designated:
1. The aquatic environment should be managed for appropriate use activities, allowing either multiple use or single dominant use in areas of unique conditions, while recognizing and ensuring compatibility with adjacent upland shoreline designations.
Staff Comment: The purpose of this proposal is to make the Mystery Bay State Park more usable for the general public who seek the enjoyment of the Shorelands. The proposal does not impact adjacent upland shoreline designations.
2. Abandoned structures within the Aquatic designation should be removed when they no longer serve their permitted use unless retaining such structures will provide a net environmental benefit, for example, artificial reef effect of concrete anchors.
Staff Comment: There are no abandoned structures located on the property. However, angular rock and concrete would be removed as part of the mitigation plan developed for the proposal. The proposal has been conditioned to remove the boat ramp, pier, plank, floats, and its related infrastructure (such as piles) if the use is abandoned.
3. All structures placed on the water's surface should have as low a profile as possible to minimize visual intrusion.
Staff Comment: The end of the pier would be approximately 6 feet above the beach, the improvements to the boat ramp would be at the beach level, and the proposed floats would be elevated approximately 30 inches above the beach level to prevent them from grounding out. The utilization of a pier is preferred over floats from a fish habitat point of view because it keeps the structure above the beach/seabed to prevent shading of the marine vegetation. Once the fixed structure has reached the desired water depth then a plank allows the transition to the float facility, which is preferred from an aesthetics point of view.
4. Potential conflicts with adjacent uses such as commercial fishing, recreation, and navigation shoul
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