Permit Case Summary

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Case Number:SDP2013-00051 Case Status: Date Received:12/30/2013
Description:Shoreline exemption and flood development applications to restore stream discharge channel location through intertidal area of Quilcene Bay. The proposal would restore intertidal conditions to a previously-existing condition. The applicant has submitted a Biological Evaluation and a hydrologic report in support of the application. The application is subject to review under the State Environmental Policy Act (SEPA). Date Issued:3/25/2015
Applicant:KATHLEEN DOUGLAS Expiration Date:3/25/2016 12:00:00 AM
Site Address:1 Case Finaled:
Parcel No:000000001 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: 3/25/2015
Disposition: DONE
Description: DCD Review Time
Date Completed: 2/18/2015
Disposition: PEND
Description: DCD Review Time
Date Completed: 1/28/2015
Disposition: PEND
Description: A Clock Interrupt
Date Completed: 3/25/2015
Disposition: DONE
Description: Additional Info Request-DRD
Date Completed: 3/25/2015
Disposition: DONE
Description: DCD Review Time
Date Completed: 12/22/2014
Disposition: PEND
Description: Ntc of App +14-Publish-U
Date Completed: 12/8/2014
Disposition: DONE
Description: DRD Reviewer Letter (F)
Date Completed: 12/3/2014
Disposition: DONE
Description: Ntc of App +14-Publish-U
Date Completed: 12/3/2014
Disposition: DONE
Description: Ntc of App +30-Publish-UF
Date Completed: 12/1/2014
Disposition: DONE
Description: Ntc of App +30-APO-UF
Date Completed: 12/1/2014
Disposition: DONE
Description: DCD Review Time
Date Completed: 11/26/2014
Disposition: PEND
Description: DCD Review Time
Date Completed: 9/29/2014
Disposition: PEND
Description: DCD Review Time
Date Completed: 9/29/2014
Disposition: PEND
Description: Updated/Add'l Info Recv'd
Date Completed: 9/29/2014
Disposition: DONE
Description: DCD Review Time
Date Completed: 4/23/2014
Disposition: PEND
Description: DCD Review Time
Date Completed: 3/31/2014
Disposition: PEND
Description: A Clock Interrupt
Date Completed: 10/6/2014
Disposition: DONE
Description: Additional Info Request-DRD
Date Completed: 10/6/2014
Disposition: DONE
Description: DCD Review Time
Date Completed: 1/2/2014
Disposition:
Description: Consistency Review-U
Date Completed: 3/18/2014
Disposition: DONE
Description: Stormwater Review-U
Date Completed: 11/25/2014
Disposition: DONE
Description: Env. Sensitive Area Review-U
Date Completed: 3/25/2015
Disposition: DONE
Description: App Substantially Complete-U
Date Completed: 3/18/2014
Disposition: DONE
Description: Case Entered
Date Completed: 12/30/2013
Disposition:

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: Site Plan
Wording Construction shall be in substantial compliance with the site plan submitted on September 29, 2014 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: SEPA CONDITION
Wording The applicant shall be responsible for ensuring that water quality requirements provided by Washington State Department of Ecology (as part of SEPA comments) are met.

Title: VEGETATION CONDITION
Wording Native vegetation shall be used to replant the work area (e.g., areas shown in green and yellow on the Addendum sheet prepared by MSA, as submitted on January 28, 2015. Native vegetation outside the work area shall NOT be used as mitigation; plants outside of the work area shall be left intact and undisturbed. Only existing native plants within the area to be regraded may be used. If less than 70 native plant species are present within the work area, native plants on the plant list shall be purchased.

Title: EXCAVATED MATERIALS CONDITION
Wording Off-site disposal of materials is not approved under this permit.

Title: CASP CONDITION
Wording Conditions in the Critical Areas Stewardship Plan permit (CSP13-00005) also apply to this permit.

Title: HABITAT CONDITION
Wording The applicant shall implement the mitigation described in the July 25, 2014 Biological Evaluation and January 28, 2015 Addendum Plan.

Title: HYDROLOGIC REPORT CONDITION
Wording The applicant shall implement the recommendations in the December 9, 2013 Shoreline Processes Report to ensure that adjacent properties are not adversly affected.

Title: ORANGE BARRIER FENCING CONDITION
Wording PRIOR TO BEGINNING ANY WORK ON THIS PROJECT, THE APPLICANT SHALL INSTALL ORANGE BARRIER FENCING ALONG THE EAST SIDE OF THE EXISTING CHANNEL TO ENSURE THAT THIS AREA IS NOT DISTURBED AS PART OF THE RE-DIRECTING THE CHANNEL. THE FENCING SHALL BE INSTALLED IMMEDIATELY ADJACENT TO THE UPPER LIMITS OF THE WORK AREA, AS SHOWN ON THE APPROVED SITE PLAN. THE APPLICANT SHALL CONTACT DCD (360-379-4450) PRIOR TO BEGINNING ANY WORK TO REVIEW THE LOCATION OF THE FENCING. ANY WORK THAT BEGINS WITHOUT PRIOR APPROVAL FROM DCD MAY RESULT IN A STOP WORK ORDER OR ADDITIONAL MITIGATION.

Title: JC PROPERTY CONDITION
Wording Property owned by the applicant shall be used to access the work area. The work approved by this permit is limited to the intertidal area owned by Jefferson County, as shown on the attached approved site plan. Under this permit, the applicant is not authorized to access private property (including intertidal lands) owned by others.

Title: CORPS CONDITION
Wording The applicant shall adhere to all conditions in the Corps permit.

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: 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-SHORELINE FINDING
Wording The applicant is proposing to restore an intertidal channel in Quilcene Bay to conditions that existed prior to a winter 2008/2009 stream dredge approved by Washington Department of Fish and Wildlife. The stream dredge extended into intertidal waters owned by Jefferson County. This portion of the shoreline is designated as aquatic and access to the intertidal area is through a residential parcel owned by the applicants. The portion of the shoreline above the ordinary high water mark is designated as urban. The proposed work would be conducted entirely on intertidal land owned by Jefferson County. This permit does not authorized the applicants or any representatives for the applicants to access or alter property owned by others, nor does this permit allow any work beyond what is shown on the approved site plan (i.e., no work may be conducted on land owned by others as part of this permit).

Title: F-FEMA FLOOD
Wording The proposed work will occur in Quilcene Bay, in an area that is mapped on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (Panel 530069 0855 B) as Zone A. This work is subject to the requirement for 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 Jefferson County Code 15.15.050.

Title: F-BIOP FINDING
Wording To comply with the FEMA Biological Opinion, this application was reviewed for potential impacts to federally-listed threatened and endangered species. This proposal requires a federal permit from the U.S. Army Corps of Engineers (Corps) and was reviewed for compliance with the Endangered Species Act. Work on this project is contingent upon receiving a permit from the Corps.

Title: F-CASP FINDING
Wording The finding in the Critical Areas Stewardship Plan permit (CSP13-00005) also apply to this shoreline exemption permit.

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 Unified Development Code (UDC). After an initial Geographic Information Systems mapping review and an investigative site inspection, the following Critical Areas were confirmed to be present on the subject property: fish and wildlife habitat conservation areas (listed fish species in marine water), wetlands, frequently-flooded areas, aquifer recharge areas (susceptible), and seawater intrusion protection zones (coastal). This proposal is not expected to affect wetlands, aquifer recharge areas, or seawater intrusion protection zones.

Title: F-Special Report Submitted
Wording Special Reports were submitted as part of this application to address fish and wildlife habitat conservation areas and frequently flooded areas. The applicants submitted a Biological Evaluation/Habitat Management Plan to address critical areas stewardship plan (CASP) and Federal Emergency Management Agency Biological Opinion requirements. The biological report (dated July 25, 2014) and addendum figure (submitted January 28, 2015) were prepared by Marine Surveys & Assessments. The applicant also submitted a Shoreline Process Analysis of Wampum Point report (dated December 9, 2015) prepared by Northwest Territories, Inc that addresses the hydrologic processes in this portion of Quilcene Bay. This report was required by DCD to ensure that the proposed project would not adversely affect any other private properties or state lands.

Title: F-Aquifer Recharge Area
Wording 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.

Title: F-Susc. Aquifer Recharge Area
Wording Susceptible Aquifer Recharge Areas are those with geologic and hydrologic conditions that promote rapid infiltration of recharge waters to groundwater aquifers.

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 61-02, 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-MDNS Issued
Wording This application was reviewed under the State Environmental Policy Act (SEPA) by Jefferson County, acting as lead agency. A Mitigated Determination of Non-Significance (MDNS) was issued on February 4, 2015.

Title: F-Site Plan Changes
Wording The site plan, as submitted with this shoreline exemption application on September 29, 2014, 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 Februay 3, 2015 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 shoreline exemption to revise a stream channel through intertidal land 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 (JCC 18.25.090(19)) 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.