Permit Case Summary

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Case Number:SDP2012-00010 Case Status:Finaled Date Received:2/28/2012
Description:SHORELINE EXEMPTION FOR TEMPORARY MOORING BUOY - FT FLAGLER LAT: 48.06.15.18N, LONG: 122.42.12.57W. Buoy is for research/development and test and evaluation project which takes various environmental sample data and transmits it to shore for evaluation and dissemination. Environmental sensors with solar panels, a wind generator, and communications antenna will be attached to the buoy. Anchors for the project will be laid using a 50 foot Work Boat, minimizing disturbance to the sea floor and water body. The buoy system will use a four point mooring with 1200lb. railroad wheel style anchors and 60' to 90' anchor chain. The weight of the anchors exceeds the safe MINIMUM suggestion for weight in order to prevent the buoy system from dragging anchors and disturbing the sea bed. Date Issued:4/26/2012
Applicant: MOBILISA INC Expiration Date:10/26/2013 12:00:00 AM
Site Address: Case Finaled:
Parcel No:000000000 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: File Archived
Date Completed: 8/2/2018
Disposition: DONE
Description: Close case
Date Completed: 5/30/2013
Disposition: DONE
Description: Approve Exemption-UF
Date Completed: 4/26/2012
Disposition: DONE
Description: Approve Exemption-UF
Date Completed: 4/26/2012
Disposition: DONE
Description: Review Complete-U
Date Completed: 4/26/2012
Disposition: DONE
Description: Det. of Completeness-UF
Date Completed: 3/1/2012
Disposition: DONE
Description: Case Entered
Date Completed: 2/28/2012
Disposition:
Description: App Substantially Complete-U
Date Completed: 3/1/2012
Disposition: DONE
Description: Env. Sensitive Area Review-U
Date Completed: 4/26/2012
Disposition: DONE
Description: Consistency Review-U
Date Completed: 4/26/2012
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 marked
Wording The buoy shall be permanently marked with the proponent's name, address, and telephone number and the permit number.

Title: Buoy Placement-SDP
Wording The buoy shall be placed a minimum of 100 feet from existing permitted or exempted adjacent mooring buoys, docks, and piers. The buoy shall be located at least 100 feet seaward of the minus 6 foot mean lower low water tidal elevation.

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: C-COAST GUARD
Wording If the buoys are not removed prior to April 1, 2013, a Coast Guard Private Aids to Navigation (PATON) application is required.

Title: C-COAST GUARD
Wording Any discrepancy in the operation of the buoys (relocated, missing, removed) must be reported immediately to the Coast Guard Sector Puget Sound office at (206) 217-6002, 24 hours a day and Timothy Westcott at (206) 220-7285 or email him at d13-pf-paton@uscg.mil.

Title: C-COAST GUARD
Wording Contact Timothy Westcott upon deployment and complete removal of the buoys and all associated hardware to request a Notice to Mariners to advise the boating public that your buoys have been deployed as well as removed.

Title: C-NWP AUTHORIZATION VAILD
Wording In order for the Nationwide Permit (NWP) to be valid, work performed must ensure it is in accordance with the Army Corps of Engineers NWP 5, Terms and Conditions and the following special condition: You must implement and abide by the programmatic Endangered Species Act (ESA) consultation requirements and/or agreements set forth in your Specific Project Information Form, dated 22 February 2012. Failure to comply with the commitments made in this document constitutes non-compliance with the ESA and your Corps permit. If you cannot comply with the terms and conditions of this programmatic consultation, you must, prior to commencing construction, contact the Corps, Seattle District, Regulatory Branch for an individual consultation in accordance with the requirements of the ESA and/or the Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1966.

Title: C-CORPS PRELIMINARY JURISDICTIONA
Wording The Corps prepared a Preliminary Jursisdictional Determination (JD) dated April 17, 2012, which is written indication that wetlands and waterways within the project area may be waters of the United States. Such waters will be treated as jurisdictional waters of the U.S. for purposes of computation of impact area and compensatory mitigation requirements assocated with the permit application.

Title: C-NWP VALID FOR 2 YEARS
Wording The NWP is valid for two (2) years from April 22, 2012 unless the NWP is modified, reissued, or revoked prior to that date. If the authorized work has not been completed by that date, please contact us to discuss the status of your authorization. Failure to comply with all terms and conditions of the NWP verification invalidates this authorization and could result in a violation of Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act.

Title: C-CORPS CERT OF COMPLIANCE
Wording Upon completion of authorized work, applicant must fill out and return the Certificate of Compliance with the Department of the Army Permit form.

Title: C-HPA CONDITION
Wording HPA Condition: Work shall be accomplished per application approved by the Washington Department of Fish and Wildlife and dated February 23, 2012, except as modified by this Hydraulic Project Approval. A copy of these plans shall be available on site during construction.

Title: C-HPA CONDITION
Wording HPA NOTIFICATION REQUIREMENT: The Area Habitat Biologist (AHB) (Margie Schirato) shall receive written notification from the person to whom this Hydraulic Project Approval (HPA) is issued (permittee) or the agent/contractor no less than three (3) working days prior to the start of construction activities. The notification shall include the permittee's name, project location, starting date for work, and the control number of HPA; 126179-1.

Title: C-HPA CONDITION
Wording HPA Condition: The mooring buoy shall be deployed at the location indicated on the site plan submitted and approved by WDFW. The Area Habitat Biologist, Margie Schirato, may approve deployment at a different location than that in the approved plans.

Title: C-HPA CONDITION
Wording HPA Condition: NOTE: The mooring buoy should be marked with a Department of Natural Resources issued identification number, or a Washington Department of Fish and Wildlife (WDFW) identification number consisting of the HPA control number 126179-1 followed by WDFW. Example: 126179-1WDFW.

Title: C-HPA CONDITION
Wording HPA Condition: The mooring buoy system shall be located to avoid shading impacts from vessels and/or damage from vessel props to eelgrass, kelp, other significant macroalgae species, or Pacific herring spawning substrate.

Title: C-HPA CONDITION
Wording HPA Condition: The buoy system shall be installed and used in a manner that will not damage the bed or aquatic vegetation as a result of anchor or chain movement for the life of the buoy system.

Title: C-HPA CONDITION
Wording HPA Condition: The buoy system shall be installed and used in a manner that will not damage the bed or aquatic vegetation as a result of anchor or chain movement for the life of the buoy system.

Title: C-HPA CONDITION
Wording HPA Condition: Floatation for the buoy shall be fully enclosed and contained to prevent breakup or loss of floatation material into the water.

Title: C-HPA CONDITION
Wording HPA Condition: Project activities shall be conducted to minimize situation of beach areas and bed materials.

Title: C-HPA CONDITION
Wording HPA Condition: Water quality shall not be degraded to the detriment of fish life as a result of this project.

Title: C-HPA EXPIRATION
Wording The HPA is valid from March 1, 2012 to April 30, 2012.

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.


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-HPA Issued
Wording The Washington Department of Fish and Wildlife issued Hydraulic Project Approval (HPA) for this activity on March 1, 2012 under Control Number 126179-1. The HPA expires on April 30, 2012.

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(2)(i).

Title: F-Site Plan Changes
Wording The site plan as submitted with the mooring buoy application on February 28, 2012 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 April 26, 2012 shall be resubmitted for review and approval by Jefferson County Department of Community Development.

Title: F-Approval for _____ Only
Wording This approval is for 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 The Federal Bald and Golden Eagle Protection Act requires landowners within 660 feet (1/8th of a mile) of an eagle nest to consult with the US Fish and Wildlife Service. This Eagle Act prohibits anyone from "taking" bald eagles. This federal law defines the term "take" and describes the possible legal consequences when a "take" occurs. Among other actions, "take" includes a disturbance of bald eagles or their habitat. Under federal law a permit may still be required for activities that impact bald eagles or their habitat. Contact the US Fish and Wildlife Service (http://www.fws.gov/pacific/eagle/) to learn more about how this law affects your project. 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 Section 18.25.090(11) 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.