Permit Case Summary

Case Number: Search Help

Case Number:SDP2009-00067 Case Status: Date Received:8/17/2009
Description:SHORELINE EXEMPTION AND FLOOD DEVELOPMENT PERMIT FOR MOORING BUOY. Date Issued:11/19/2009
Applicant:GREGORY BROWN Expiration Date:11/19/2010 12:00:00 AM
Site Address:650 RHODODENDRON LN Case Finaled:
Parcel No:988500033 Other Cases Parcel Data Map It

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: File Archived
Date Completed: 4/6/2018
Disposition: DONE
Description: Approve Exemption-UF
Date Completed: 11/19/2009
Disposition: DONE
Description: Print Dummy UDC Permit-UF
Date Completed: 11/18/2009
Disposition: DONE
Description: Det. of Completeness-UF
Date Completed: 10/8/2009
Disposition: DONE
Description: Case Entered
Date Completed: 8/18/2009
Disposition:
Description: Septic Review Complete-U
Date Completed: 10/8/2009
Disposition: DONE
Description: App Substantially Complete-U
Date Completed: 10/8/2009
Disposition: DONE
Description: Stormwater Review-U
Date Completed: 10/8/2009
Disposition: DONE
Description: Env. Sensitive Area Review-U
Date Completed: 10/8/2009
Disposition: DONE
Description: Consistency Review-U
Date Completed: 11/18/2009
Disposition: DONE
Description: RAP Review Complete-U
Date Completed: 10/8/2009
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: Buoy Not Rented/Leased-Exemptions
Wording The mooring buoy shall not be rented or leased.

Title: Buoy: No More Than Two (2) Boats
Wording No more than two (2) boats shall be secured by a mooring buoy.

Title: Buoy marked
Wording The buoy shall be permanently marked with the proponent's name, address, and telephone number and the permit number.

Title: Buoy Permission Only
Wording This permit constitutes permission to place a mooring buoy and ground tackle only. Permission to place floats is not authorized.

Title: Buoy discernible from a distance
Wording The buoy shall be discernible from a minimum distance of 100 yards under normal daylight conditions.

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: Three day limit occupied boats
Wording Boats that are occupied shall not be permitted to moor at private docks, piers, and floats longer than three (3) days unless pump-out facilities are available in the immediate vicinity.

Title: Treated Materials Must be Cured
Wording 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.

Title: Site Plan
Wording Construction shall be in substantial compliance with the site plan submitted on August 17, 2009 as it exists now or is hereafter amended by Jefferson County and/or the Washington Department of Ecology.

Title: No Fill or Other Material
Wording No fill or other material may be placed in the waters or intertidal areas of Jefferson County.

Title: SENSITIVE AREAS CONDITION
Wording Mooring buoys should not be located where their use will cause the degration of sensitive ecological areas such as estuaries, wetlands, eelgrass, or aquacultural resources or facilities.

Title: Follow Flood Ordinance
Wording Flood hazard reduction measures are to be used as required by the Jefferson County Flood Damage Prevention Ordinance 07-0515-06 (Jefferson County Code Chapter 15.15).

Title: Res Construction Flood Damage
Wording Construction Materials and Methods of Construction to Reduce Flood Hazard: (i) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (ii) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

Title: Coastal & At Risk SIPZ-Water Con
Wording VOLUNTARY MEASURES OF COASTAL & AT RISK SIPZ: Water conservation measures: 1. Roof and other intercepted precipitation shall be routed to on-site detention ponds and/or other approved means and allowed to be released to the soil slowly. 2. Water collected from Storm water and roof catchments may be used for watering lawns and gardens. Unless catchment water has been treated to meet drinking water standards, there shall be no cross connections allowed between the potable supply and impounded water. 3. Water withdrawn from wells on each property shall not be used for watering of lawns and/or gardens. 4. Ground water withdrawn from each property shall be restricted to a rate of three (3) gallons per minute. 5. Installation of water conserving fixtures such as low flow toilets, faucets and shower restrictors and other water saving plumbing fixtures. 6. Landscaping plan (xeriscaping, native vegetation with minimal amounts of irrigation). Please NOTE that the above listed measures are not intended to be exhaustive, but rather is intended to be illustrative of the types of water conservation measures.

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-SHORELINE FINDING
Wording The proposal is to install a mooring buoy in Hood Canal. The shoreline designation in the area of the proposed project is Suburban.

Title: F-GMA/SMA FINDING
Wording A Washington State Supreme Court decision (case #80396-0) clarified that the Jefferson County Critical Areas Ordinance (as codified in Chapter 18.22 JCC) does not apply to development within shoreline jurisdiction. Proposed development within shoreline jurisdiction is regulated under the Shoreline Master Program (Chapter 18.25 JCC). Based on this, the proposal was not reviewed for fish and wildlife habitat conservation areas or seawater intrusion protection zones.

Title: F-FLOOD FINDING
Wording The proposed project would be installed in Hood Canal, in an area that is mapped on the Federal Emergency Management Agency Flood Insurance Rate Map (Panel 530069 1245 B), as Zone A. The proposed project is subject to the requirement for a Flood Development Permit, which is incorporated into this decision. The proposal meets the definition of development, but not structure, in the Flood Damage Prevention ordinance, as codified in JCC 15.15.050.

Title: F-NO INCR IN FLOOD LEVELS FINDING
Wording The proposed project will not result in any increase in flood levels during base flood discharges.

Title: F-LAT/LONG FINDING
Wording The proposal is to install a mooring buoy in Hood Canal (Latitude: 47.394751 North; Longitude: 122.54986 West).

Title: F-SKOKOMISH TRIBE FINDING
Wording The Skokomish Indian Tribe provided comments on the proposal. This tribe is very much opposed to the project, indicating that the installation of a mooring buoy would conflict with tribal rights in an 1855 Treaty. No comments from the U.S. Army Corps of Engineers or any State agencies were received. The proposal meets the shoreline exemption requirements specified in JCC 18.25.090(1), and therefore, cannot legally be denied by Jefferson County.

Title: F-Confirmed ESAs
Wording The application was reviewed by the Jefferson County Department of Community Development staff for the potential presence of Environmentally Sensitive Areas (ESAs) under the provisions of the Unified Development Code (UDC). After an initial Geographic Information Systems mapping review and an investigative site inspection, the following ESAs were confirmed to be present on the subject property: fish and wildlife habitat conservation area (listed fish species, bald eagle habitat); flood hazards; and seawater intrusion protection zone (coastal).

Title: F-SIPZ
Wording Marine shorelines and islands are susceptible to a condition that is known as seawater intrusion. Seawater intrusion is a condition in which the saltwater/freshwater interface in an aquifer moves inland so that wells drilled on upland areas cannot obtain freshwater suitable for public consumption without significant additional treatment and cost. Maintaining a stable balance in the saltwater/freshwater interface is primarily a function of the rate of aquifer recharge (primarily through rainfall) and the rate of groundwater withdrawals (primarily through wells). The Washington Department of Ecology is the agency with statutory authority to regulate groundwater withdrawal for individual wells in Jefferson County. New development, redevelopment, and land use activities on islands and in close proximity to marine shorelines in particular should be developed in such a manner to maximize aquifer recharge and maintain the saltwater/freshwater balance to the maximum extent possible by infiltrating stormwater runoff so that it recharges the aquifer.

Title: F-Coastal SIPZ
Wording The parcel is located within a coastal SIPZ (seawater intrusion protection zone) according to the County GIS map. There are voluntary and mandatory measures identified in the Jefferson County Seawater Intrusion Policy (Resolution 44-22, effective September 23, 2002) that apply to well drilling proposals and building permit applications on existing lots of record. A Coastal SIPZ is defined as: all islands and area within one-quarter mile of marine shoreline, but no history of chloride concentration above 100 mg/L in groundwater sources within 1000 feet.

Title: F-SEPA Exempt
Wording Jefferson County determined that this proposal is categorically exempt from review under the State Environmental Policy Act (SEPA) pursuant to WAC 197-11-800(24)(f).

Title: F-Site Plan Changes
Wording The site plan, as submitted with the shoreline exemption application on August 17, 2009, has been reviewed for consistency under the UDC, and has been approved by Jefferson County Department of Community Development. Any modifications, changes, and/or additions to the stamped, approved site plan dated November 19, 2009 shall be resubmitted for review and approval by Jefferson County Department of Community Development.

Title: F-APPROVAL FOR SDP EX ONLY
Wording This approval is for a shoreline exemption to install a mooring buoy 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 Chapter 18.25 JCC (Shoreline Master Program) 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.