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Description:
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Status updtd - Energov Convrsn
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Date Completed:
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10/4/2022
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Disposition:
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DONE
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Description:
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File Archived
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Date Completed:
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11/6/2019
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Disposition:
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Description:
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Approve Exemption-UF
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Date Completed:
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Disposition:
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Description:
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DCD Review Time
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Date Completed:
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2/1/2016
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Disposition:
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Description:
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Consistency Review-U
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Date Completed:
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2/3/2016
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Disposition:
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DONE
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Description:
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Env. Sensitive Area Review-U
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Date Completed:
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2/3/2016
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Disposition:
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DONE
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Description:
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Stormwater Review-U
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Date Completed:
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2/3/2016
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Disposition:
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DONE
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Description:
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App Substantially Complete-U
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Date Completed:
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2/1/2016
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Disposition:
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DONE
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Description:
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Case Entered
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Date Completed:
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1/25/2016
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Disposition:
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Title:
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CONFIRMED ESA'S
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Wording
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The application was reviewed by the Jefferson County Department of Community Development staff on February 1, 2016 for the potential presence of Critical Areas 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 and Conservation Area (potential for listed species), frequently flooded areas.
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Title:
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CONSTRUCTION MATERIALS
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Wording
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Construction Materials and Methods: (1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage; and (2) 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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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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NSSP STANDARDS
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Wording
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The installation and use of mooring buoys (including commercial and recreational buoys) in marine waters shall be consistent with all applicable state laws, including Chapter 246-282 WAC, the current National Shellfish Sanitation Program (NSSP) standards, and other State Departments of Fish and Wildlife, Health, and/or Natural Resources standards.
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Title:
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MATERIALS
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Wording
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Mooring buoys shall use neutral buoyancy rope, mid-line float, helical anchors, or other state-approved designs that have minimal adverse effects on aquatic ecosystem and fish.
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Title:
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LABELING
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Wording
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Mooring buoys shall be clearly marked and labeled with the owner’s name and contact information and permit number(s).
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Title:
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MOORING BUOY CAPACITY
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Wording
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The capacity of each mooring buoy may not exceed one boat and its appurtenant shore access craft. [Ord. 7-13 Exh. A (Art. VII § 2)]
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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-NATURE OF PROPOSAL
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Wording
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The purpose of the project is to inspect buoys and conduct routine replacement of damaged or missing buoys and tackle in three Jefferson County State Parks: seven mooring buoys in Fort Flagler State Park, four mooring buoys in Fort Townsend State Park, and seven mooring buoys in Mystery Bay State Park. To avoid conflicts with high-use recreation seasons, buoy maintenance typically occurs in the spring and/or fall. Routine maintenance does not include modifications to, and/or the replacement of, buoy anchors. Buoys located in state parks are on a two year maintenance schedule.
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Title:
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F-SHORELINE EXEMPTION
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Wording
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The Development Review Division finds that this proposal is consistent with Shoreline Master Program Section JCC 18.25.560(2) 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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Title:
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F-LEGAL NON-CONFORMING
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Wording
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The existing mooring buoys included in this permit are an established non-conforming structure. The continuance of the mooring buoys is supported by the Mystery Bay Management Plan, which encourages transient moorage within the state parks to reduce the proliferation of new buoys and additional boats anchored or moored near shellfish beds.
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Title:
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F-CRITICAL AREAS EXEMPTION
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Wording
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The mooring buoy repair repair project is located within shoreline jurisdiction and it meets the critical areas maintenance and repair exemption in JCC 18.22.070(6).
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Title:
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F-FLOOD DEVELOPMENT PERMIT
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Wording
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The proposal will be in Mystery Bay in an area that is mapped on the Federal Emergency Management Agency Flood Insurance Rate Map (panel 530069 0190B) as Zone A. The proposal will be in Kilisut Harbor in an area that is mapped on the Federal Emergency Management Agency Flood Insurance Rate Map (panel 530069 0180B) as Zone A. The proposal will be in Port Townsend Bay in an area that is mapped on the Federal Emergency Management Agency Flood Insurance Rate Map (panel 530069 0160B) 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.
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Title:
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F-NO INCREASE IN FLOOD LEVELS
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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 BIO-OP EXEMPT
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Wording
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The proposed mooring buoy repair shall be exempt from obtaining a FEMA habitat impact assessment because it complies with Model Ordinance 7.2 (d), development of recreational facilities such as parks, trails, and hunting grounds that do not include structures, fill impervious surfaces or removal of more than 5% of the native vegetation on that portion of the property in the Regulatory Floodplain.
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Title:
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F-SEPA Exempt
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Wording
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The Washington State Parks and Recreation Commission, acting as lead SEPA agency, determined that this proposal is categorically exempt from review under the State Environmental Policy Act (SEPA) pursuant to WAC 197-11-800(3)- Repair, remodeling, and maintenance activities.
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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 mooring buoy repair application on January 15, 2016 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 February 1, 2016 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 for a routine replacement of damaged or missing buoys and tackle in three Jefferson County State Parks: seven mooring buoys in Fort Flagler State Park, four mooring buoys in Fort Townsend State Park, and seven mooring buoys in Mystery Bay State Park 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 environments are included as "critical habitat" for 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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