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HomeMy WebLinkAboutExhibit 26-01 STAFF REPORT and exhibit listCc: Carolyn Gallaway <carolyn@co.jefferson.wa.us> Subject: MLA21-00007 WDFW Staff Report and Exhibit List Importance: High Hi Adiel, Attached is the staff report that needs to be made available to the hearing examiner today. Thanks much! DCD IS OPEN MONDAY -THURSDAY FROM 9:00-12:00 and 1:00 -4:30; CLOSED FRIDAY. All emails sent to and from this address will automatically be archived by Jefferson County and emails may be subject to Public Disclosure under Chapter 42.56 RCW. MLA21-00007/SDP20-00021 WDFW Point Whitney Boat Launch Page 1 of 11 DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO THE UDC ADMINISTRATOR RE: Shoreline Conditional Use ) PROPOSED FINDINGS, (Administrative) and Shoreline ) CONCLUSIONS, AND Substantial Development Application ) RECOMMENDATIONS File No.: MLA21-00007/SDP2020-00021 Applicants: Washington Department of Fish and Wildlife (Michelle Holtz) SUMMARY APPLICATION AND RECOMMENDATION Application: Shoreline conditional use, shoreline substantial development, and flood development applications to improve an existing public boat launch at Point Whitney. Washington Department of Fish and Wildlife (WDFW) is proposing to retain an existing concrete ramp, with the new boat launch built over the currently existing one. Steel rails would be installed over the existing ramp to level and raise the new ramp. Precast concrete planks would be placed on the rails and the voids filled with clean gravel. The new planks would be two feet wider than what currently exists and the proposed boat launch would be approximately six- to 10 inches above the existing ramp grade. In addition, articulated concrete mats would be added along each side of the ramp, which adds approximately four feet to each side for a total new ramp width of about 20 feet. Anchor cables would be driven into the substrate to support the mats. The length of the ramp would not increase. Mitigation proposed by WDFW includes previously completed grading at the west end of the point and use of the Hood Canal Coordinating Council In-lieu Fee program. The proposal is intended to improve the ability of the public to use the ramp. The applicant submitted an Eelgrass Delineation report, a Coastal Processes Assessment and Design Considerations report, and a Habitat Management Plan. The applicant also submitted a WDFW government-to- government consultation letters with Washington Department of Archaeology and Historic preservation and with Tribes. The proposal is subject to review under the State Environmental Policy Act (SEPA) and WDFW acted as the lead agency for SEPA. Regulatory Authority: JCC 18.25.020(1) states that all uses and development, as defined in Article II of the SMP, that are within shoreline jurisdiction must comply with the program and Chapter 90.58 RCW. The definition of boating facilities in JCC 18.25.100(2)(p) includes public boat launches so this proposal requires a shoreline permit. Non-residential boat launches require a shoreline conditional use (administrative) permit for the portion of the project within the Conservancy shoreline environment designation and a shoreline substantial development permit (JCC 18.25.220 and 18.25.350(2)) for the portion of the proposal within the Aquatic shoreline environment designation. The proposal triggers a Type II shoreline conditional use (administrative) permit for the portion of the boat launch that is above OHWM and a Type III shoreline substantial development permit for the portion of the project that is below OHWM. The applicant is consolidating the permitting process so that the MLA21-00007/SDP20-00021 WDFW Point Whitney Boat Launch Page 2 of 11 decision for the entire application is being reviewed by the hearing examiner, as allowed under JCC 18.40.030(2). This proposal requires that the application and the public hearing be noticed. Recommendation: Approval with conditions BACKGROUND INFORMATION Applicants: Washington Department of Fish and Wildlife (Michelle Holtz), 600 Capitol Way North, Olympia, Washington 98501 Location and Legal Description: This parcel (601071001) is located at 1000 Point Whitney Road, Brinnon, Washington 98320. The parcel is legally described as S7 T26 R1W LOT 3 & TL TAX A & B. Site Conditions: The project area is intertidal beach along a parcel that has been developed for recreational use (parcel is zoned Parks, Preserves, and Recreation, or PPR). Existing development includes a gravel parking lot, a public boat launch, restroom facilities, and several buildings that are leased (i.e., not used by WDFW staff). The southern and central portions of the parcel are vegetated and slope down to the north, west, and east to marine water. Much of the northern portion of this parcel is flat and used for parking. The project is proposed because sediments cover the existing boat launch (east of the parking lot) rendering it unusable or unsafe at times. Shoreline Environment Designation: Pursuant to the Jefferson County Shoreline Master Program (SMP), the shoreline environment designation above ordinary high water mark (OHWM) is Conservancy and the shoreline environment designation below OHWM is Aquatic. Comprehensive Plan Designation: The Jefferson County Comprehensive Plan (adopted December 10, 2018) designates the subject parcel as Parks, Preserves and Recreation. Date of Application: A shoreline conditional use and shoreline substantial development application was submitted to Jefferson County on January 21, 2021. The proposal was deemed complete on October 27, 2021, as per JCC 18.40.110(4). Site Visit: A site visit was made on February 22, 2022. State Environmental Policy Act (SEPA) Review: WDFW, acting as lead agency for SEPA, issued a Determination of Non-significance on December 13, 2019 (Exhibit 3). NOTICING REQUIREMENTS In accordance with the Type II and Type III permitting processes in Article III, chapter 18.40 JCC, the application and public hearing were noticed. Notice of Application: The application was noticed on November 3, 2021 (Exhibits 11 and 12): • Published in The Leader newspaper on November 3, 2021; • Posted on the property on November 2, 2021; • Sent to agencies and tribes on November 3, 2021; and • Sent to all property owners within 300 feet on November 2, 2021. Comments Received: Department of Community Development (DCD) did not receive any comments. MLA21-00007/SDP20-00021 WDFW Point Whitney Boat Launch Page 3 of 11 Notice of Public Hearing: The public hearing was noticed on August 27, 2025 (Exhibits 23 and 24): • Published in The Leader newspaper on August 27, 2025; • Posted on the property on August 26, 2025; • Sent to all property owners within 300 feet on August 26, 2025. JEFFERSON COUNTY APPROVALS REQUIRED/APPLICABLE ORDINANCES The proposal was reviewed against all relevant requirements, specifically: • Jefferson County Comprehensive Plan, adopted December 10, 2018; • Jefferson County Code, Title 18 – Unified Development Code, adopted December 18, 2000 and effective January 16, 2001, as amended, including Chapter 18.25 JCC (SMP). STAFF FINDINGS The following presents staff findings regarding consistency of the application with the Jefferson County Comprehensive Plan and the Jefferson County Code, including the Jefferson County Shoreline Master Program. 1. Proposal. WDFW is proposing to construct a new boat ramp over an existing one at Point Whitney. The new ramp will be two feet wider than the current ramp and will have articulated concrete mats that will also increase the width of the new ramp by eight feet (i.e., four feet to each side of the ramp). The length of the ramp will not increase and will, therefore, not be further encroaching on the eelgrass bed near the existing boat launch. 2. Jefferson County Comprehensive Plan. The proposed shoreline development is subject to the goals and policies of the Jefferson County Comprehensive Plan. The shoreline goal (EN-G-4) states: Implement Chapter 18.25 JCC to protect shoreline functions and processes while allowing appropriate development and uses within the shorelines of Jefferson County. Staff Comment: The proposal has been reviewed against Chapter 18.25 JCC (Shoreline Master Program) and is consistent with this Comprehensive Plan goal and the policies of ensuring the proposal complies with SMP goals and policies (Policy EN-P-4.1) and working cooperatively with Ecology (Policy EN-P-4.2). 3. Jefferson County Code - Critical Areas (Chapter 18.22 JCC). The proposed development is within shoreline jurisdiction and is subject to the critical area regulations specified in Chapter 18.22 JCC. The application was reviewed for the potential presence of critical areas under the provisions of the Unified Development Code. After an initial Geographic Information Systems mapping review, the following critical areas were determined have the potential to be present on the subject property: fish and wildlife habitat conservation areas (marine water serves as a primary association for listed fish species; eelgrass; recreational shellfish areas; forage fish spawning areas); geologically hazardous area (seismic hazard); critical aquifer recharge area (susceptible); seawater intrusion protection zone (coastal); and frequently flooded area (Zone AE). Staff Comment: The proposal occurs within a regulated fish and wildlife habitat conservation area, and the applicant submitted a Habitat Management Plan (dated July 26, 2021). The new ramp will be constructed within specified work windows to minimize the potential for adverse impacts to listed species and forage fish during construction. The native eelgrass (Z. marina) occurs waterward of the existing ramp and the proposal does extend the length of ramp so no impacts to eelgrass are expected. Recreational shellfish occur in the vicinity of the project area. While increased usage of the new ramp has the potential for greater impacts to shellfish, impacts are expected to be negligible. WDFW will be monitoring the area for toxins and harvest and this assessment is intended to result in no long-term or cumulative impacts to shellfish. The increase in ramp width of two feet plus the addition of mats to MLA21-00007/SDP20-00021 WDFW Point Whitney Boat Launch Page 4 of 11 either side of the ramp have the potential to impact forage fish habitat. However, mitigation is proposed to compensate for the loss. The proposal will be located in an area mapped on a Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (panel 53031C0915C) as Zone AE. The proposed project requires a flood development permit, which is incorporated into the shoreline approval. The proposal meets the definition of development, but not structure, in JCC 15.15.050. Development within a FEMA floodplain requires compliance with the Biological Opinion (BiOp), which can be obtained through federal permitting. To ensure compliance with the BiOp, the shoreline permit is conditioned to comply with all federal permits. The effects determination for Puget Sound Chinook, Hood Canal Summer Run Chum, Puget Sound Steelhead, and Southern Resident Orca is ‘may affect, not likely to adversely affect’ (Exhibit 1). The ramp will be reconstructed in the vicinity of an area mapped as a seismic hazard. The proposal is to rebuild over an existing structure with a small expansion to both sides of the existing ramp and a small increase in height. Engineering studies determined the project area accumulates sediments and that there are compacted substrates in the vicinity of the ramp (Exhibit 3). Critical aquifer recharge areas and seawater intrusion protection zones would not be expected to be affected by this proposal. The Jefferson County Code does not require a report for shoreline proposals to rebuild ramps. 4. Jefferson County Code – Grading and excavation standards (JCC 18.30.060). The project must comply with county grading and excavation standards. Staff Comment: Excavation will be needed to install the articulated concrete mats. The excavated sediments will be kept in the water column to be transported in the drift cell (i.e., retain natural sediment transport functions during installation). This proposal was noticed and no comments were received that would indicate the proposed excavation would negatively affect the shoreline environment. 5. Jefferson County Code – Stormwater management standards (JCC 18.30.070). Any proposed development with stormwater runoff must comply with the minimum standards of the 2019 Ecology Stormwater Management Manual for Western Washington. Staff Comment: A portion of the proposal occurs above OHWM and must comply with the stormwater manual. The permit will be conditioned to implement BMPs for compliance with the stormwater manual and to prevent upland sediments from being transported to the marine environment during construction. 6. Jefferson County Code - Shoreline Master Program (Chapter 18.25 JCC). The proposal is subject to all applicable policies and regulations of the Jefferson County SMP. Staff Comment: The proposal is subject to following sections of the SMP: JCC 18.25.350 Boating facilities (as it pertains to public boat launches) JCC 18.25.540 Substantial development permit criteria JCC 18.25.590 Conditional use criteria JCC 18.25.230 through 18.25.250 (Article V) Shorelines of Statewide Significance JCC 18.25.270 through 18.25.320 (Article VI) General policies and regulations One of the public boat launch regulations (JCC 18.25.350(3)(g)) requires compliance with provisions in the transportation sections of the SMP. For this reason, this staff report also addresses any applicable transportation requirement in JCC 18.25.520. Each SMP section listed above is addressed below. JCC 18.25.350(1) presents policies for boating facilities. Only those policies that are relevant to the proposal (and not discussed elsewhere in this staff report) are addressed below (e.g., policies addressing other types of boating facilities are not addressed). (a) Boating facilities as defined in Article II of this chapter should be located, designed, constructed and operated with appropriate mitigation to avoid adverse effects on shoreline functions and processes and to prevent conflicts with other allowed uses. MLA21-00007/SDP20-00021 WDFW Point Whitney Boat Launch Page 5 of 11 Staff Comment: The proposal has followed mitigation sequencing requirements and mitigation has been proposed to compensate for unavoidable impacts so existing shoreline functions and processes would be expected to continue post-construction. The project area is intended to serve as a public boat launch, which is consistent with other uses in the area. (b) Boating facilities should not be located or expanded where they would: (i) Impact critical habitats; or (ii) Substantially interfere with currents, and/or net shoreline drift; or (iii) Cause significant adverse effects on aquatic habitat, biological functions, water quality, aesthetics, navigation, and/or neighboring uses. Staff Comment: The expansion is relatively small and is not expected to adversely affect critical habitat, currents, drift cells, or other aspects of the shoreline environment. Mitigation is proposed so no net loss of shoreline functions or natural processes would be expected post-construction. (e) To prevent the impacts associated with private docks, piers, floats, lifts and launch ramps an rails accessory to residential development: (iii) Public boat launces are preferred over private launch facilities. Rail and track launch systems are preferred over ramps. Staff Comment: This is a public boat launch that meets this policy. The proposal is to expand over an existing ramp so rail and track is not proposed. (i) When reviewing proposals for new or expanded marinas and public boat launches, the county should seek comment from public recreation providers, adjacent cities/counties, port districts, Washington State Parks, and the Washington State Departments of Ecology, Fish and Wildlife, Health, and Natural Resources, and area tribes to ensure that local as well as regional recreation needs are addressed. Staff Comment: The proposal was noticed and is consistent with this policy. JCC 18.25.350(2) presents the shoreline environment designations: (b)(i) Aquatic. Public and private boat launches are allowed subject to policies and regulations of this program if allowed in the adjacent upland shoreline environment. Staff Comment: The proposal is allowed in the adjoining upland designation and is being permitted as a shoreline substantial development permit. (d)(i) Conservancy. Boat launches may be allowed with a conditional use permit subject to policies and regulations of this program. Staff Comment: The proposal has also been processed as a conditional use application and has been reviewed against all applicable shoreline regulations. JCC 18.25.350(3) presents regulations for public boat launches: (a) Public boat launches may be permitted when they are located, designed and constructed in a manner that minimizes adverse impacts on coastal or fluvial processes, biological functions, aquatic and riparian habitats, water quality, navigation, and/or neighboring uses. Rail and track systems shall be preferred over concrete ramps or similar facilities. Staff Comment: The proposed ramp will be constructed over an existing concrete ramp, and will bring the ramp up to beach grade. The proposed boat launch is not expected alter natural shoreline processes and habitats. The drift cell will continue to transport sediments to the spit and any impacts to habitats or water quality would be of very short duration (i.e., during construction). WDFW will monitor the water for toxins (as a result of increased use of the ramp). No impacts to navigation or neighboring uses are anticipated. (b) When permitted, public boat launches shall be: (i) Located in areas where there is adequate water mixing and flushing action; (ii) Designed so as not to retard or reduce natural shoreline flushing characteristics; MLA21-00007/SDP20-00021 WDFW Point Whitney Boat Launch Page 6 of 11 (iii) Designed and constructed using methods/technology that have been recognized and approved by state and federal resource agencies as the best currently available; (iv) Designed so that existing or potential public access along beaches is not blocked or made unsafe, and so that public use of the surface waters is not unduly impaired; and (v) Developed and maintained to support waterfront access for watercraft. In those limited instances where separate or associated uses are permitted, other than restrooms and/or sewer/septic facilities, only uses that are water-dependent and/or afford public access uses shall be approved. Staff Comment: All of the above are met. The proposal is an expansion of an existing boat launch and is not expected to negatively affect water mixing or flushing action in Hood Canal nor would it be expected to negatively affect public access to the beach or watercraft access to the waterfront. The proposal requires state and federal permits and is assumed to be consistent with requirement (b)(iii) above (Exhibit 17). (c) Public boat launches on river shores shall be located downstream of accretion shoreforms, or on stable banks where no or minimal current deflections will be necessary. Staff Comment: Not applicable: the boat launch expansion is proposed along a marine shoreline. (d) Public boat launches shall provide adequate restroom and sewage and solid waste disposal facilities in compliance with applicable health regulations. Staff Comment: Facilities exist at this location. The proposal was noticed to Jefferson County Environmental Health. No comments were received indicating the existing facilities are substandard. (e) When overwater development is proposed in association with a public boat launch facility, it may be permitted only where such use requires direct water access, and/or where such facilities will significantly increase public opportunities for water access. Staff Comment: The proposed expansion requires direct water access and is expected to increase public use of the area. (f) Public boat launches shall be located and designed to prevent traffic hazards and minimize traffic impacts on nearby access streets. Staff Comment: This requirement is met. The expansion is proposed along Hood Canal at the end of a local access road. (g) Public boat launch sites shall include parking spaces for boat trailers commensurate with projected demand and shall comply with the transportation provisions of this program. Staff Comment: The existing parking lot provides parking spaces; however, to ensure that this regulation is met, the proposal has been reviewed against all applicable transportation requirements. JCC 18.25.520(1) presents policies pertaining to transportation. The following addresses those policies that are applicable to this application (note that no new parking or road improvements are proposed so most transportation policies do not pertain to the expansion of the existing public boat launch): (h) Parking in shoreline areas should be limited to that which directly serves a permitted shoreline use. Staff Comment: A parking lot is present on the property and is used by those who want to launch a boat. No expansion of the parking lot is proposed and the exiting parking lot will continue to be used once the new ramp is constructed. JCC 18.25.520(2) identifies transportation uses and activities that are prohibited outright in shoreline jurisdiction: (a) Parking as a primary use shall be prohibited within shoreline jurisdiction. (b) Parking is prohibited on structures located in or over water. Staff Comment: Neither of the above apply to this proposal. MLA21-00007/SDP20-00021 WDFW Point Whitney Boat Launch Page 7 of 11 JCC 18.25.520(5) identifies parking regulations in shoreline jurisdiction and only those that are applicable to the proposal are addressed: (a) Parking shall only be permitted in shoreline jurisdiction when necessary to support an authorized use where it can be demonstrated that there are no feasible alternative locations away from the shoreline. Parking facilities shall be buffered from the water’s edge and less intense adjacent land uses by vegetation, undeveloped space, or structures developed for the authorized primary use to the maximum practicable extent. Staff Comment: The existing parking lot supports the public boat launch, which is an authorized use. (e) Parking facilities for shoreline uses shall be designed to provide safe and convenient pedestrian circulation within the parking area and to the shorelines. Staff Comment: The existing parking lot provides for safe pedestrian use and this provision is assumed to be met. JCC 18.25.540 presents substantial development permit criteria: To be authorized, all uses and developments shall be planned and carried out in a manner that is consistent with this program and the policy of the Act as required by RCW 90.58.140(1), regardless of whether a shoreline permit, statement of exemption, shoreline variance, or shoreline conditional use permit is required. Staff Comment: The application was reviewed against all applicable sections of the SMP. JCC 18.25.590(1) states: The purpose of a conditional use permit is to allow greater flexibility in administering the use regulations of this program in a manner consistent with the policies of RCW 90.58.020. In authorizing a conditional use, special conditions may be attached to the permit by the county or the Department of Ecology to control any undesirable effects of the proposed use. Final authority for conditional use permit decisions rests with the Department of Ecology. Staff Comment: The proposal is conditioned so that work on this project does not begin until Ecology approves the redevelopment proposal. JCC 18.25.590(2) presents shoreline conditional use permit criteria: Uses specifically classified or set forth in this program as conditional uses and unlisted uses may be authorized, provided the applicant/proponent can demonstrate all of the following: (a) That the proposed use will be consistent with the policies of RCW 90.58.020 and this program. Staff Comment: The proposal was reviewed against all applicable sections of the SMP and is consistent with RCW 90.58.020 and the SMP. (b) That the proposed use will not interfere with normal public use of public shorelines. Staff Comment: The proposal is intended to facilitate public use of the shoreline. (c) That the proposed use of the site and design of the project will be compatible with other permitted uses within the area. Staff Comment: The proposal is compatible with other PPR zoned parcels near Point Whitney and is consistent with providing recreational uses for parcels zoned rural residential that are in the vicinity of the boat launch. (d) That the proposed use will not cause adverse effects to the shoreline environment in which it is to be located. Staff Comment: Based on information submitted, no adverse effects to the shoreline environment are expected. The proposal will not be expanding closer to the native eelgrass (located waterward of the existing boat launch) and work windows will be used to minimize the potential for fish to be adversely affected during construction. No comments were received during noticing that would indicate there is a potential for adverse effects to occur if the proposal were to be approved. However, this staff report includes conditions intended to protect the shoreline environment. (e) That the public interest suffers no substantial detrimental effect. MLA21-00007/SDP20-00021 WDFW Point Whitney Boat Launch Page 8 of 11 Staff Comment: No substantial detrimental effects have been identified. The proposal is intended to positively affect the ability of the public to launch boats by improving access to the water. JCC 18.25.590(3) states: In the granting of all conditional use permits, consideration shall be given to the cumulative environmental impact of additional requests for like actions in the area. For example, if conditional use permits were granted for other developments in the area where similar circumstances exist, the sum of the conditional uses and their impacts should also remain consistent with the policies of RCW 90.58.020 and should not produce a significant adverse effect to the shoreline ecological functions and processes or other users. Staff Comment: This proposal is likely to reduce the cumulative effects of like actions (i.e., applications for new boat launches) in the vicinity of the project area as the improved public boat launch could be used by those who reside in the general vicinity of the project area. JCC 18.25.230(1) states: In accordance with RCW 90.58.020, the county shall manage shorelines of statewide significance in accordance with this section and in accordance with this program as a whole. Preference shall be given to uses that are consistent with the statewide interest in such shorelines. Uses that are not consistent with this section or do not comply with the other applicable policies and regulations of this program shall not be permitted on shorelines of statewide significance. Staff Comment: The proposal meets requirements in Article V and is, therefore, consistent with statewide interests. For this reason, the department is recommending approval of the proposal with conditions. JCC 18.25.230(2) provides requirements for approving a use or development within a shoreline of statewide significance: (a) Recognize and protect the statewide interest over local interest. Staff Comment: Providing public access to shorelines is preferable to individual property owners constructing some type of boating facility to access the shoreline. This proposal is consistent with this policy. (b) Preserve the natural character of the shoreline. Staff Comment: This is an expansion of an existing structure and the natural character of the shoreline is not expected to be affected by this proposal. (c) Result in long-term over short-term benefit. Staff Comment: The long-term benefit is the ability of the public to access the shoreline for recreational purposes. As noted above, having a public location for boats to access the water is more desirable than having boating facilities constructed on individual private properties. (d) Protect the resources and ecology of the shoreline. Staff Comment: The proposal is not expected to alter shoreline resources or ecological conditions. Any disturbances to the shoreline will likely be limited to construction. This requirement is met. (e) Increase public access to publicly owned areas of the shorelines. Staff Comment: This proposal is intended make the existing boat launch more accessible to the public. (f) Increase recreational opportunities of the public in the shorelines. Staff Comment: The proposal is intended to increase recreational use of the shoreline environment. (g) Provide for any other element as defined in RCW 90.58.100. Staff Comment: This RCW pertains to SMP contents and provisions; the proposal is consistent with this section of the RCW. JCC 18.25.240 designates shorelines of statewide significance. MLA21-00007/SDP20-00021 WDFW Point Whitney Boat Launch Page 9 of 11 Staff Comment: The proposal location meets subsection (2), which includes the waters of Hood Canal between the ordinary high water mark and the line of extreme low tide south of the line between Tala Point and Foulweather Bluff. JCC 18.25.250 presents use preferences within shorelines of statewide significance. (1) When shoreline development or redevelopment occurs, it shall include restoration and/or enhancement of ecological conditions if such opportunities exist; Staff Comment: The proposal follows mitigation sequencing requirements, and mitigation is proposed for unavoidable impacts that is intended to protect existing environmental conditions. (2) State and federal resource agencies, co-managers, and tribes, shall be consulted for development proposals that affect anadromous fish, shellfish, marine birds, and other shoreline resources; Staff Comment: The proposal was noticed to allow input from other agencies and interested parties. No comments were received from federal or state agencies or from tribal staff that would indicate shoreline resources may be adversely affected by the proposal. (3) Areas that are subject to commercial timber harvest pursuant to the Forest Practices Act and RCW 90.58.150 should be reforested as soon as possible and in accordance with the Forest Practices Act and the Forest and Fish Report. Staff Comment: Not applicable to this proposal. (4) Uses that are sustainable, that do not deplete natural resources, and that are compatible with other approved uses shall be preferred over uses that do not have these qualities; Staff Comment: The proposal is to improve public access at an existing boat ramp and is not expected to negatively impact natural resources. (5) Uses that provide long-term benefits shall be preferred over uses that provide only short-term gains; Staff Comment: This proposal would provide long-term recreational benefits. (6) Uses that preserve aesthetic qualities shall be preferred over uses that impact aesthetic qualities; Staff Comment: Minor expansion of the existing boat launch is proposed, all of which would be near the intertidal substrate. The proposal will not have sufficient height to impact views. The existing aesthetic qualities would be expected to remain if the proposal is approved. (7) Uses that require a shoreline location shall be preferred over non-water-related uses. Non- water-related uses should be located outside the shoreline jurisdiction or in areas where they will not interfere with or displace preferred uses or public access; Staff Comment: Public boat launches require a shoreline location. (8) Commercial shellfish beds, areas that support recreation and tourism, and other economic resources of statewide importance shall be protected; Staff Comment: The proposed project supports recreational shellfish harvesting. (9) Uses that have the potential to cause significant erosion and sedimentation due to excavation, land clearing, or other activities shall be strictly regulated to prevent adverse impacts to shoreline functions and processes; Staff Comment: The proposed use is not expected to result in significant erosion or sedimentation nor would the proposal be expected to negatively affect shoreline functions and processes. (10) All public access and recreation use and development shall be designed to protect the ecological resources upon which such activities depend; and Staff Comment: As noted elsewhere in this staff report, ecological resources are not expected to be adversely affected by the proposal. MLA21-00007/SDP20-00021 WDFW Point Whitney Boat Launch Page 10 of 11 (11) Public and private development shall be encouraged to provide trails, viewpoints, water access points and water-related recreation opportunities where conditions are appropriate for such uses. Staff Comment: The proposal provides access to water. JCC 18.25.270 addresses critical areas, shoreline buffers, and ecological protection. Staff Comment: The applicant submitted documents showing critical areas and the natural shoreline environment would be protected. In addition to on-site mitigation, the applicant will be using an ILF program to compensate for expansion of the boat launch. JCC 18.25.280 addresses historic, archaeological, cultural, scientific and educational resources. Staff Comment: The applicant conducted government-to-government consultations with Washington Department of Archaeology and Historic Preservation and with affected Tribes. As a result, no impacts to these resources would be expected. JCC 18.25.290 addresses public access. Staff Comment: The proposal is intended to provide public access and is consistent with this section of the SMP. JCC 18.25.300 addresses shoreline setbacks and height. Staff Comment: Not applicable as enlarging existing boat launches may be permitted within the shoreline buffer. The boat launch is not exceeding height requirements. JCC 18.25.310 addresses vegetation conservation. Staff Comment: Vegetation does not occur above OHWM, where the boat launch will be expanded. Also, the proposal does not expand farther waterward so native eelgrass is not expected to be affected by the proposal. JCC 18.25.320 addresses water quality and quantity. Staff Comment: The proposal does not include potential toxic materials and the requirement to protect water quality is assumed to be met. The proposal will not affect water quantity. RECOMMENDED CONDITIONS Based on the above findings, staff recommended conditions are presented below. These conditions may be modified by the hearing examiner or Washington State Department of Ecology. 1. Implementation of work approved under this permit shall not begin until Washington Department of Ecology (Ecology) has issued their written approval of this shoreline application. 2. Work within the jurisdiction of the Shoreline Master Program other than as described above shall receive separate review from this Department. 3. Construction shall be in substantial compliance with the plan sheets submitted on July 26, 2021 as it exists now or is hereafter amended by Jefferson County and/or Washington Department of Ecology. 4. Substantial progress towards completion of the project shall be performed within two years of the issuance of the permit. 5. If any potential or actual historic, archaeological or cultural artifacts and/or human remains are inadvertently discovered, the applicant shall immediately stop all work on the project and shall notify the Washington Department of Archaeology and Historic Preservation, affected tribes, and Jefferson County Department of Community Development. 6. The project shall implement best management practices (BMPs) to comply with JCC 18.30.070 (Stormwater Management Standards). The development must comply with the minimum standards MLA21-00007/SDP20-00021 WDFW Point Whitney Boat Launch Page 11 of 11 of the 2019 Ecology Stormwater Management Manual for Western Washington. BMPs to prevent sediments from being transported to the marine environment shall be in place prior to beginning any work on this project, and shall be maintained for the duration of the work. 7. Flood hazard reduction measures are to be used as required by the Jefferson County Flood Damage Prevention Ordinance, as codified in Chapter 15.15 of the Jefferson County Code. 8. Construction materials and methods of construction to reduce flood hazard include:(i) all new construction and substantial improvements shall be constructed with materials and utility equipment that minimize flood damage; and (ii) all new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 9. To ensure compliance with the Federal Emergency Management Agency’s Biological Opinion, the permittee shall comply with all requirements in the permit issued by the U.S. Army Corps of Engineers. 10. Use of heavy equipment is limited to the existing boat launch footprint and shall not be used elsewhere on beach. 11. Prior to beginning any work on this project, the permittee shall submit proof of purchase of mitigation agreement from the Hood Canal Coordinating Council In-lieu Fee Mitigation Program to the department. 12. The regraded mitigation area along the west end of the spit shall be allowed to form under natural marine shoreline processes. 13. The permittee shall ensure that all construction equipment avoids the eelgrass patch near the end of the existing boat launch. 14. The permittee shall adhere to all applicable work windows to minimize the potential impacts to fish and associated habitats or ensure that surveys are conducted using established protocols for determining negative results for forage fish. 15. Removing vegetation adjacent to the project area is not permitted. 16. Prior to beginning any work on this project, the permittee shall ensure that a Spill Prevention Control and Countermeasure Plan has been prepared and is available onsite. 17. The permittee shall conduct water quality testing for toxins to ensure recreational shellfishing areas in the vicinity of the project area are adequately protected. Prepared by Project Planner Donna Frostholm August 28, 2025. MLA21-00007/SDP20-00021 WDFW Boat Launch Improvements EXHIBIT LIST Item No:Item/description Date Type 1 Pre-application meeting 12/19/2019 A 2 Emails - DCD, HCCC, applicant 1/6 -16/2021 G 3 Submittal 1/21/2021 A 4 Emails - applicant 3/29 - 4/5/2021 G 5 Submittal (eelgrass memo, master application form, gov.-gov. consultation ltrs 4/5/2021 A 6 Emails - Additional Information Request and email communications 4/15 - 23/2021 G 7 Emails - extension approved for submittal 7/19 - 20/2021 G 8 Submittal 7/26/2021 A 9 Emails - status of review 9/15 - 21/2021 G 10 Email - schedule notice of application 9/19 - 21/2021 N 11 Notice of Application 11/3/2021 N 12 Affidavit of posting 11/4/2021 N 13 Affidavit of publication 12/27/2021 N 14 Emails - status of review 2/16 - 6/13/2023 G 15 Emails - request for additional information 9/7 - 10/10/2023 G 16 Emails - communication with new WDFW contact 5/10 - 5/17/2024 G 17 Emails - forward additional information requests and WDFW responses 5/18 - 7/1/2024 G 18 Emails -status of ILF mitigation 4/3 - 30/2025 G 19 Email - Hood Canal Coordinating Council 5/22/2025 G 20 Email - status of ILF discussions 5/22 - 6/17/2025 G 21 Email - Preliminary Statement of Sale 7/9 - 10/2025 G 22 Email - Schedule public hearing and noticing 7/10 - 8/20/2025 N 23 Affidavit of posting 8/26/2025 N 24 Notice of Public Hearing 8/27/2025 N Key to Types A = Application L = Maps C = Comments N = Notices G = General R = Reports S = SEPA H:\exhibit lists\exhibit list wdfw 0825 1 of 1