Permit Case Summary

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Case Number:SDP2010-00064 Case Status: Date Received:5/17/2010
Description:SHORELINE EXEMPTION for environmental health assessment at five sampling points in Jefferson County. Sampling to be conducted by Washington Department of Ecology in coastal and estuarine water bodies. Study is part of a US EPA National Coastal Condition Assessment in Washington and Oregon. Date Issued:5/27/2010
Applicant: STATE OF WA - DEPT OF ECOLOGY Expiration Date:5/27/2011 12:00:00 AM
Site Address: Case Finaled:
Parcel No:000000001 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: 4/12/2018
Disposition: DONE
Description: Approve Exemption-UF
Date Completed: 5/27/2010
Disposition: DONE
Description: Det. of Completeness-UF
Date Completed: 5/27/2010
Disposition: DONE
Description: Case Entered
Date Completed: 5/17/2010
Disposition:
Description: Septic Review Complete-U
Date Completed: 5/27/2010
Disposition: DONE
Description: App Substantially Complete-U
Date Completed: 5/27/2010
Disposition: DONE
Description: Stormwater Review-U
Date Completed: 5/27/2010
Disposition: DONE
Description: Env. Sensitive Area Review-U
Date Completed: 5/27/2010
Disposition: DONE
Description: Consistency Review-U
Date Completed: 5/27/2010
Disposition: DONE
Description: RAP Review Complete-U
Date Completed: 5/27/2010
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: No Fill or Other Material
Wording No fill or other material may be placed in the waters or intertidal areas of Jefferson County.

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-CAO/SMA FINDING
Wording Recent state legislation requires Jefferson County to apply Critical Areas regulations within areas under the jursidiction of the Shoreline Management Act until Jefferson County has an updated Shoreline Master Program. The proposal is exempt from requirements specificed for Critical Areas because it meets the conditions of JCC 18.22.070(21). Sampling by the state as part of an federal program is an activity that is not expected to impact the functions and values of Critical Areas or associated buffers. For this reason, no Critical Area Special Reports have been required by Jefferson County DCD.

Title: F-SHORELINE FINDING
Wording The project proponent is proposing an environmental conditions assessment at five locations in Jefferson County. Two of the sampling locations are in Hood Canal, with one sampling location in each of the following waterbodies: Dabob Bay, Discovery Bay, and Queets River. It is not immediately obvious if Jefferson County has regulatory authority over the sampling point in the Queets River. If local regulatory authority is applicable, then the conditions of this permit are to be followed. If this sampling point is outside County jurisdiction, it is assumed that the project proponents will contact appropriate owners for permission to sample.

Title: F-Confirmed ESAs
Wording The application was reviewed by the Jefferson County Department of Community Development staff for the potential presence of Critical Areas under the provisions of the Jefferson County Code (JCC). After an initial Geographic Information Systems mapping review, the following Critical Areas were confirmed to be present on the subject property: fish and wildlife habitat conservation areas. Depending upon sampling location, wetlands and geologically hazardous areas may also be present.

Title: F-SEPA Exempt
Wording The State is the lead agency for the State Environmental Policy Act (SEPA) for this proposal. In a letter dated May 7, 2010 from Washington Department of Ecology, this agency states the proposal is categorically exempt from SEPA review pursuant to WAC 197-11-800(17).

Title: F-Site Plan Changes
Wording The sampling plan, as submitted with the shoreline exemption application on May 17, 2010, has been reviewed for consistency under the JCC, and has been approved by Jefferson County Department of Community Development. Any modifications, changes, and/or additions to the stamped, approved site plan dated May 27, 2010 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 sample five locations in Jefferson County 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 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 (Chapter 18.25 JCC) 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.