Permit Case Summary

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Case Number:SDP2018-00013 Case Status: Date Received:7/25/2018
Description:SHORELINE EXEMPTION AND FLOOD DEVELOPMENT PERMIT TO REMOVE AND DISPOSE OF EXISTING APPROXIMATELY 31,744 SQ. FT. FLOATING WOOD AND CONCRETE DOCK SYSTEM WITH FOAM LOG FLOTATION AND (90) 12-14" CREOSOTE TREATED TIMBER PILINGS AND REPLACE WITH NEW APPROXIMATELY 31,744 SQ. FT. FLOATING DOCK SYSTEM WITH 50% PRE-STRESSED CONCRETE DECKING AND 50% FIBERGLASS GRATING WITH 69% OPEN AREA (1.5" X 1.5" SQUARES) AND POLYETHYLENE FOAM FILLED TUB FLOTATION SECURED BY (90) 12" GALVANIZED STEEL PILINGS. Date Issued:9/19/2018
Applicant:ROBERT WISE Expiration Date:9/19/2023 12:00:00 AM
Site Address:173 HADLOCK BAY RD Case Finaled:
Parcel No:901014003 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: Approve Exemption-UF
Date Completed: 9/19/2018
Disposition: DONE
Description: Ntc of App +14-APO-U
Date Completed: 8/24/2018
Disposition: DONE
Description: Ntc of App +14-Publish-U
Date Completed: 8/24/2018
Disposition: DONE
Description: Det. of Completeness-UF
Date Completed: 8/13/2018
Disposition: DONE
Description: Consistency Review-U
Date Completed: 9/19/2018
Disposition: DONE
Description: Env. Sensitive Area Review-U
Date Completed: 9/18/2018
Disposition: DONE
Description: Stormwater Review-U
Date Completed: 9/18/2018
Disposition: DONE
Description: App Substantially Complete-U
Date Completed: 8/13/2018
Disposition: DONE
Description: Case Entered
Date Completed: 7/25/2018
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 July 23, 2018 as it exists now or is hereafter amended by Jefferson County and/or the Washington Department of Ecology.

Title: Progress towards completion
Wording Substantial progress towards completion of the project shall be performed within two years of the issuance of the permit.

Title: Exempt Maintenance Condition
Wording The development shall be essentially the same as the original in location, size, configuration, and external appearance.

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: BIOP CONDITION
Wording Federal permitting may be used to show compliance with the Biological Opinion (protection of federally-listed species); therefore, the applicant shall adhere to U.S. Army Corps of Engineers permit conditions.

Title: SHORELINE CONDITION
Wording Replacement of the existing dock system and pilings shall not result in an increase in the footprint of the dock system or an increase in the number of pilings. All work shall be conducted below OHWM; work above OHWM is not authorized under this shoreline exemption approval (work on this project from land is prohibited).

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: Res Construction Flood Damage
Wording 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; and (ii) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.


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 proposal is to replace approximately 31, 744 square feet of an existing dock system, including 90 pilings. All work will be conducted below ordinary high water mark (OHWM) and this portion of the shoreline is designated as aquatic.

Title: F-FEMA FINDING
Wording The proposed work will occur within Port Townsend Bay, in an area that is mapped on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (Panel 530069 0190 B) 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 for development but not structure in the Flood Damage Prevention Ordinance, as codified in JCC 15.15.050. Applications within FEMA jurisdiction are also subject to the Biological Opinion. For this application, compliance with the Biological Opinion will be addressed through federal permitting. Therefore, the applicant was not required to submit a Habitat Assessment.

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, the following critical areas were identified in the project area: fish and wildlife habitat conservation area (potential habitat for listed fish species); geologically hazardous areas (seismic hazards); frequently flooded areas; and seawater intrusion protection zone (coastal). The proposal to replace the existing dock system and pilings will not extend further into a critical area and is, therefore, exempt from critical area regulations under JCC 18.22.070(6).

Title: F-DNS Issued
Wording This proposal was subject to review under the State Environmental Policy Act (SEPA) by Jefferson County acting as lead agency. A Determination of Non-Significance (DNS) issued on September 19, 2018.

Title: F-Site Plan Changes
Wording The site plan, as submitted with the shoreline application on July 23, 2018, 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 18, 2018 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 replace docks and pilings in a marina 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. 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.

Title: F-SDP Exemption Section
Wording The Development Review Division finds that this proposal is consistent with Shoreline Master Program (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.