Permit Case Summary

Case Number: Search Help

Case Number:SDP2009-00037 Case Status: Date Received:5/6/2009
Description:Fish Enhancement Project - former Veneer Mill site at Discovery Bay Date Issued:7/23/2009
Applicant: STATE OF WASHINGTON -FISH/WDLF Expiration Date:7/23/2010 12:00:00 AM
Site Address:282023 HWY 101 Case Finaled:
Parcel No:902242005 Other Cases Parcel Data Map It Parcels Images

Case Actions
Below is a list of actions that have been taken by staff for this permit case. They are sorted based on the date they were added to the database with most recent actions at the top. A value in the "Date Completed" field indicates that the action has been completed.
Description: Status updtd - Energov Convrsn
Date Completed: 10/4/2022
Disposition: DONE
Description: Approve Exemption-UF
Date Completed: 7/23/2009
Disposition: DONE
Description: Print Dummy UDC Permit-UF
Date Completed: 7/23/2009
Disposition: DONE
Description: Review Complete-U
Date Completed: 7/23/2009
Disposition: DONE
Description: Det. of Completeness-UF
Date Completed: 5/11/2009
Disposition: DONE
Description: Case Entered
Date Completed: 5/6/2009
Disposition:
Description: Septic Review Complete-U
Date Completed: 5/11/2009
Disposition: DONE
Description: App Substantially Complete-U
Date Completed: 5/11/2009
Disposition: DONE
Description: Stormwater Review-U
Date Completed: 5/11/2009
Disposition: DONE
Description: Env. Sensitive Area Review-U
Date Completed: 5/11/2009
Disposition: DONE
Description: Consistency Review-U
Date Completed: 7/23/2009
Disposition: DONE
Description: RAP Review Complete-U
Date Completed: 5/11/2009
Disposition: DONE

Case Conditions
Below is a list of conditions for this permit case. Conditions typically record requirements that the applicant must meet to be in compliance with the permit.
Title: Other Work/Separate Approval
Wording Work within the jurisdiction of the Shoreline Master Program other than as described above shall receive separate review from this Department.

Title: BMPs
Wording The project shall adhere to the Best Management Practices (BMPs) to control stormwater, erosion and sediment during construction. BMPs shall address permanent measures to stabilize soil exposed during construction, and in the design and operation of stormwater and drainage control systems.

Title: Hydraulic Code/HPA Check
Wording Prior to commencing development activity, proponent is responsible for informing the Washington Department of Fish and Wildlife (WDFW) in order for WDFW to determine whether this action is subject to the Washington State Hydraulic Code (Chapter 220-10 WAC). Hydraulic Project Approval (HPA) is required for all hydraulic projects, which are defined as construction or performance of other work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state.

Title: Comply with HPA
Wording In addition to Jefferson County permit conditions, the project proponent shall comply with all conditions set forth by the Washington Department of Fish and Wildlife through Hydraulic Project Approval.

Title: Army Corps Check
Wording Prior to commencing development activity, the proponent is responsible for informing the US Army Corps of Engineers (COE) in order for COE to determine whether a Department of the Army permit or review is required. Generally, review is required for construction and dredging in or around navigable waters of the US and for work or fill in hydrologically connected wetlands. Contact the US Army Corps of Engineers, Seattle District Regulatory Branch, PO Box 3755, Seattle WA 98124, (206) 764-3495, for more information.


Case Findings
Below is a list of findings for this permit case. Findings typically record facts that the staff are using as the basis of their permit processing decisions.
Title: F-PROJECT DESCRIPTION
Wording The project will remove hydrocarbon laden soils, concrete footings, and oil soaked wooden bulkhead from the nearshore and replace them with clean marine sediment. Initial estimates indicate up to 230 cubic yards of soils will need to be removed and hauled to Waste Management Olympic View Transfer Station in Bremerton. 80 tons of concrete footings will be hauled to an approved dump site. The project is follow up to DNR's removal of the failed building structure in 2008. Project work will take place completely in the dry, though some work may take place below MHHW during a single low tide. Work will be staged so that the bulk of fill and concrete footing removal will take place above MHHW first. Then during a single low tide, excavator will remove the oil soaked wooden bulkhead, and any contaminated soils below MHHW. Initial soil investigations indicate excavations will not need to go much beyond MHHW. Clean sediments will be used to fill any excavations below MHHW and be contoured to meet the existing grade outside of the contaminated soils footprint. Silt fencing will be placed surrounding the work area to minimize impacts outside of the work zone. Native plants to be used to revegetate.

Title: F-STREAMLINED FINDING
Wording RCW 77.55.290(4) states that local government may not require permits or charge a fee for Fish Habitat Enhancement projects. This serves as Jefferson County's comments on the proposal and also provides a means for Jefferson County to track the proposed activity. Jefferson County has determined that Fish Habitat and Enhancement projects that conform to the provisions of the Act area consistent with the Jefferson County Comprehensive Plan, Unified Development Code (UDC), and all other applicable ordinances and regulations. The State Legislature has determined that Fish Habitat and Enhancement projects that conform to the provisions of the Act have been determined to be consistent with local shoreline master programs. The proposal has been submitted as a Fish Habitat and Enhancement project. If the Washington State Department of Fish and Wildlife determines that the proposal does not qualify as a Streamlined Hydraulic Project Approval (HPA) by meeting the criteria of a Fish and Wildlife Enhancement project (RCW 77.55.290), then a standard HPA will be required and permits may be required by Jefferson County.

Title: F-SEPA Exempt
Wording The proposal qualifies as a Fish Habitat Enhancement project and is categorically exempt from review under the State Environmental Policy Act (SEPA) pursuant to RCW 77.55.290, which states that Fish Habitat Enhancement projects are not subject to the requirements of RCW 43.21C.030(2)(c). If the proposal does not qualify as a Fish Habitat Enhancement Project, the proposal may be subject to SEPA.

Title: F-Approval for _____ Only
Wording This approval is for a shoreline exemption for a Streamline Fish Habitat Enhancement Project only. Any future permits on this site are subject to review for consistency with applicable codes and ordinances and does not preclude review and conditions which may be placed on future permits.

Title: F-General PMT Notice
Wording NOTICE: This permit does not excuse the proponent from complying with other local, state, and federal ordinances, regulations, or statutes applicable to the proposed development, but consistent with RCW 90.58. Development pursuant to this permit shall be undertaken subject to the applicable policies and performance standards of the Jefferson County Shoreline Management Master Program and the Jefferson County Unified Development Code. If during excavation or development of the site an area of potential archaeological significance is uncovered, all activity in the immediate area shall be halted, and the Administrator shall be notified at once. The Federal Endangered Species Act rules to protect threatened Chinook and Summer-run Chum salmon became effective on January 8, 2001. Bull trout have been listed as threatened since early 2000. Under the ESA, any person may bring lawsuit against any individual or agency that "takes" listed species (defined as causing harm, harassing, or damaging habitat for the listed species). In addition, the National Marine Fisheries Service can levy penalties. All areas in Jefferson County are included as "critical habitat" for a listed species. Development of property along any marine shoreline, freshwater shoreline, or floodplains could harm habitat if protective measures are not taken. To minimize the potential to damage habitat, all property owners developing adjacent to marine shoreline, freshwater shoreline, or floodplains are advised to do the following: - All development activities should avoid unstable slopes, wetlands, and forested areas near surface waters - Remove minimal vegetation for site development, especially large trees - Allow trees that have fallen into surface waters to remain there - Infiltrate stormwater from buildings and driveways onsite through drywells rather than discharging directly into surface waters or roadside ditches Any individual, group, or agency can bring suit for a listed species "taking", even if you are in compliance with Jefferson County development codes. The risk of a lawsuit against you can be reduced by consulting with a professional fisheries habitat biologist, and following the recommendations for site development provided by the biologist. For more information, contact the National Marine Fisheries Service in Seattle, or the U.S. Fish and Wildlife Service.

Title: F-SDP Exemption Section
Wording The Development Review Division finds that this proposal is consistent with Shoreline Master Program JCC 18.25.090 and is consequently exempt from the substantial development permit (SDP) requirements. Exemptions from the substantial development permit requirements do not exempt a proposed development from compliance with the applicable policies and standards of the Shoreline Master Program or other applicable Federal, State, or local permit or license requirements.