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Title:
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Buoy Not Rented/Leased-Exemptions
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Wording
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The marker buoys shall not be rented or leased.
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Title:
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Buoy marked
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Wording
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The buoys shall be permanently marked with the proponent's name, address, and telephone number and the permit number.
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Title:
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Buoy Permission Only
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Wording
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This permit constitutes permission to place marker buoys and ground tackle only. Permission to place floats is not authorized.
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Title:
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Buoy discernible from a distance
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Wording
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The buoys shall be discernible from a minimum distance of 100 yards under normal daylight conditions.
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Title:
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Other Work/Separate Approval
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Wording
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Work within the jurisdiction of the Shoreline Master Program other than as described above shall receive separate review from this Department.
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Title:
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Treated Materials Must be Cured
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Wording
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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.
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Title:
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Site Plan
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Wording
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Construction shall be in substantial compliance with the site plan submitted on July 15, 2013 as it exists now or is hereafter amended by Jefferson County and/or the Washington Department of Ecology.
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Title:
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No Fill or Other Material
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Wording
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No fill or other material may be placed in the waters or intertidal areas of Jefferson County.
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Title:
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FEMA BIOP CONDITION
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Wording
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The applicant must comply with requirements of the FEMA BiOp. The marker buoys shall not be installed until a permit has been issued by the Corps.
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Title:
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Follow Flood Ordinance
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Wording
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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).
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Title:
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Res Construction Flood Damage
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Wording
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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.
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Title:
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Hydraulic Code/HPA Check
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Wording
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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.
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Title:
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Comply with HPA
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Wording
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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.
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Title:
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Army Corps Check
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Wording
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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.
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Title:
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F-CAO EXEMPT FINDING
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Wording
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The proposal is to install four marker buoys for voluntary no anchor zones along the Port Hadlock waterfront in Port Townsend Bay. Installation of navigation aids and boundary markers is except from critical area requirements under JCC 18.22.070(19).
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Title:
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F-FLOOD FINDING
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Wording
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The proposal will be located in Port Townsend Bay, in an area mapped on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map Panel 530069 0170 B as Zone A. The proposed project is subject to the requirement for a a flood development permit, which is incorporated into this decision. The proposal meets the definition for development but not structure in the Flood Damage Prevention Ordinance, as codified in JCC 15.15.050.
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Title:
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F-BASE FLOOD LEVELS FINDING
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Wording
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The proposed project will not result in any increase in flood levels during the occurrence of base flood discharges.
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Title:
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F-FEMA BIOP FINDING
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Wording
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The U.S. Army Corps of Engineers (Corps) generally requires permits for marker buoys, and it is the responsibility of the applicant to obtain all applicable permits from federal agencies. FEMA requirements for threatened and endangered species under the Biological Opinion (BiOp) are implemented at the local level. However, projects requiring federal permits can show compliance with the FEMA BiOp through Corps permitting. Therefore, the applicant is to obtain any federal permits needed prior to placement of the marker buoys.
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Title:
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F-SHORELINE FINDING
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Wording
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The applicant is proposing to install four marker buoys in Port Townsend Bay. This segment of the shoreline is designated as aquatic.
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Title:
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F-SPTB MGMT PLAN FINDING
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Wording
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These marker buoys are located in the area included in the South Port Townsend Bay Management Plan adopted October 21, 2012 through Resolution 57-12. This plan manages boater usage in a manner that ensures continued, year-round harvest of commercial shellfish while balancing that interest with the legitimate use of the bay for public recreation and other commercial use.
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Title:
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F-SIGN EXEMPT FINDING
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Wording
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This proposal includes installation of a sign on the back side of an existing sign near the dock entrance in Port Hadlock. The new sign provides information to the public on the voluntary shellfish protection zone. This sign is exempt from the sign code requirements, as per JCC 18.30.150(2)(a).
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Title:
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F-Confirmed ESAs
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Wording
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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 Unified Development Code (UDC). After an initial Geographic Information Systems mapping review, the following Critical Areas were confirmed to be present in the project area: fish and wildlife habitat conservation areas (listed species in marine waters); geologically hazardous areas (unstable shoreline slope stability, seismic hazards); frequently flooded areas; aquifer recharge areas (susceptible); and seawater intrusion protection zones (coastal).
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Title:
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F-Aquifer Recharge Area
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Wording
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Aquifer Recharge Areas in Jefferson County are characterized by porous geological formations that allow percolation of the surface water into the soils and the underlying zone of saturation. Aquifers are geologic formations that contain sufficient saturated permeable material to yield significant quantities of water to wells and springs. Aquifers serve as the source of drinking water within most of the rural portions of Jefferson County.
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Title:
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F-Susc. Aquifer Recharge Area
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Wording
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Susceptible Aquifer Recharge Areas are those with geologic and hydrologic conditions that promote rapid infiltration of recharge waters to groundwater aquifers.
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Title:
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F-Geohazard Area
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Wording
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Geologically Hazardous Areas in Jefferson County are characterized by slope, soil type, geologic material, and groundwater that may combine to create problems with slope stability, erosion, and water quality during and after construction or during natural events such as earthquakes or severe rainstorms.
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Title:
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F-SIPZ
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Wording
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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.
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Title:
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F-Coastal SIPZ
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Wording
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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.
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Title:
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F-SEPA Exempt
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Wording
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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).
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Title:
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F-Site Plan Changes
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Wording
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The site plan, as submitted with the shoreline exemption application on July 15, 2013, 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 September 13, 2013 shall be resubmitted for review and approval by Jefferson County Department of Community Development.
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Title:
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F-Approval for _____ Only
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Wording
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This approval is to install four marker buoys 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.
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Title:
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F-General PMT Notice
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Wording
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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. Portions of Jefferson County, including marine waters, 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.
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Title:
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F-SDP Exemption Section
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Wording
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The Development Review Division finds that this proposal is consistent with Chapter 18.25 (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.
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