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Home My WebLink About187.Person, R.-StateParks 5-6_Jefferson County LASMP Comments Michelle McConnell From:Person, Randy (PARKS) Sent:Thursday, May 06, 2010 3:04 PM To:Stewart, Jeff R. (ECY) Subject:Jefferson County LASMP Comments Attachments:Wolfe_DOE_shoreline_request.pdf; Fort Flagler class.pdf; JeffCo LASMP DOE comments final.doc Categories:LASMP Public Comment Hello, Jeff. Attached are the comments from Washington State Parks on the Jefferson County LASMP, backed up by two reference documents. For your convenience, I’ve placed a hard copy in campus mail today, with the whole package, including color prints of the map attachments. Let me know if you have any follow-up questions or comments. Cheers, Randy Person, Park Planner Washington State Parks randy.person@parks.wa.gov Phone 360-902-8655 Fax 360-586-0207 Snail mail PO Box 42650, Olympia, WA 98504 Street 1111 Israel Road SE, Olympia, WA 98504 1 Washington State Parks and Recreation Commission Comments on Jefferson County Locally Approved Shoreline Master Program Submitted to Department of Ecology, November 2, 2010 Washington State Parks in Jefferson County The Washington State Parks and Recreation Commission (State Parks) is a major provider of public shoreline access in Jefferson County. The Commission manages five major parks and a number of smaller holdings in the county. These provide county residents with access to 2.6 miles of fresh water and 15 miles of salt water shorelands, supported by nearly 2,900 acres of upland park area. In 2008, excluding Fort Worden, which is in the jurisdiction of Port Townsend, there were approximately 1.2 million visitors to State Park sites in Jefferson County. The mission of Washington State Parks meshes well with the Shoreline Management Act and Jefferson County’s Shoreline Master Program (SMP). Putting visitors in touch with the outdoors while maintaining the character of the park setting is central to our mission. Recreation plans from jurisdictions nationwide recognize that people highly value water access. We note that providing public access opportunities is one of the overarching goals of the SMA. State Parks’ facilities and programs directly support Jefferson County’s master program goals, especially 1 (Conservation), 3 (Historic, Archeological, Cultural, Scientific and Educational Resources), 4 (Public Access) and 5 (Recreation)[article 3]. Impacts of the LASMP on Washington State Parks and Public Access Several elements of the Jefferson County Locally Approved Shoreline Master Program (LASMP) will potentially make it more difficult for Washington State Parks to provide public access opportunities and support the goals of the state Shoreline Management Act. ? In several sections in the shoreline use table, the selection of permitted uses places unnecessary constraints on the development of public access facilities. We are requesting modifications of several policies. ? Shoreline Environmental Designations of two specific sites are inconsistent with the current and planned uses, and existing conditions in some cases do not appear to support the designations. We are requesting changes to these specific designations. ? Two of the regulations are unclear and/or hamper efficient provision of public boating facilities. We are requesting appropriate changes. Policy Modifications The LASMP recognizes a fundamental difference between public and private shoreline development, an approach that State Parks concurs with. However, in many cases, it treats both the same in assigning uses to environmental designations. Recognizing appropriate public development as one of the best ways to limit shoreline impacts and provide true public access, it makes sense to have different requirements for public projects. In many cases, a conditional use process may not achieve a better product than proceeding directly to the applicable regulations. The Jefferson County SMP regulations are closely aligned with State Parks’ own development guidelines. State Park projects receive extensive public review and comment, from the initial planning and land classification process through budgeting and, finally, postings and notifications as projects are implemented. Requiring the conditional reviews for appropriate public access shoreline projects is unnecessary duplication of effort and wasteful of public resources. We both want to provide a quality public shoreline access experience. State Parks needs the opportunity to apply those regulations effectively in developing projects for public benefit. It is the nature of state parks that the majority include shorelines and other sensitive areas. Washington State Parks holds itself to a very high standard for all development, especially in environmentally sensitive areas like shorelines. Our staff includes planners, engineers, archaeologists and environmental staff with extensive experience specific to providing public access and facilities in sensitive areas. The Jefferson County LASMP includes extensive regulations that assure that beach access and other water related facilities are properly developed. Consistency with the goals of the state’s Shoreline Management Act, and Jefferson County’s own SMP goals, requires that public beach access structures, boating facilities, and other water-oriented public recreation development remain as permitted uses. This is the best way to support these goals, especially Article 3 (4), Public Access and (5), Recreation of the SMP. Working with permitted uses and their regulations allows State Parks to most effectively direct scarce public funding to provide water access opportunities to serve the people of the state, and Jefferson County. To support appropriate public shoreline access, State Parks requests the following changes to chapters 4 and 7 of the LASMP. On page 4-6, make the following changes to Table 1, Permitted, Conditional and Prohibited Uses by Shoreline Environment Designation. Environmental Change Shoreline Use Designation Existing To Beach Access Structures, Public Aquatic C(a)* P* Beach Access Structures, Public Natural C(a)* P* Beach Access Structures, Public Conservancy C(a) P Boat launches (non-residential) Natural C(a)* P* Boat launches (non-residential) Conservancy C(a) P Docks, piers, floats, lifts (non-residential) Conservancy C(a)* P* Mooring Buoys Conservancy C(a) P On Page 7-2, line 13, delete “as a conditional use.” On Page 7-2, line 20, delete “as a conditional use.” On Page 7-2, lines 25 and 26, delete “as a conditional use.” On Page 7-6, line 30, delete “with a conditional use permit.” On Page 7-6, line 40, delete “with a conditional use permit.” On Page 7-7, lines 1 and 2, delete “with a conditional use permit.” On Page 7-7, line 6, delete “with a conditional use permit (C(a)).” In these requested changes, the effect is to eliminate a potentially redundant administrative process while retaining in full the county’s regulatory control over development. All but one of the shoreline environment regulation statements are permissive (may be permitted), and some of the statements include additional restrictions. For instance, boat launches in natural designations are limited to “hand launching of small watercraft.” All development regulations remain in full effect. As you are aware, public funding is a limited resource that must be used under tight time constraints. When the legislature funds a capital project, it expects completion within two years. Adding the extra steps required by conditional use regulations will add significantly to total project time. Projects that cannot be completed within the initial 2- year funding cycle are at high risk of remaining unfinished, leaving the public with plans and permits, but insufficient funding to construct a needed public facility, such as a boat launch, picnic shelter, access trail, water trail site, or similar public use. Shoreline-Related Planning in State Parks We understand that a county-wide shoreline inventory and designation process may not be able to develop detailed site specific information that a property manager can. Following response to comments leading to the LASMP, two State Parks-managed shoreline areas deserve consideration for reclassification. Fort Flagler State Parks has a long range Classification and Management Planning (CAMP) process that many of our properties in Jefferson County have been through. The CAMP process involves extensive public input, detailed analysis of the site(s) involved, and always involves appropriate county staff. A discussion of the process is available on the State Parks website, at http://www.parks.wa.gov/plans/. The detailed analysis in the Fort Flagler CAMP process shows that the park’s shoreline fits into two State Park land classification categories: Recreation and Heritage. These agency classifications reflect the existing significant public use of the beach, and the major modifications to the shoreline that occurred during the time of military construction and occupation. The massive military fortifications, submarine nets, deep water pier, and related development result in a shoreline heavily influenced by human modifications. A large portion of the waterfront at the park either has a road in the shoreline area, or has existing development such as camping and day use facilities. The LASMA classifies the vast majority of the shoreline as Natural, which is defined as “relatively free from human influence.” We find that the Conservancy classification is a far better fit for the Fort Flagler shoreline. The LASMP defines the purpose of the Conservancy classification as providing “. . .for sustained use of resource lands and other relatively undeveloped shorelines while protecting ecological functions, conserving natural, historic, and cultural resources, and providing recreational opportunities.” This statement, which is very close to the State Parks mission statement, truly reflects the existing uses, facilities, conditions and management philosophy of Fort Flagler State Park. We request the Shoreline Environment Designation of Fort Flagler State Park be changed to Conservancy. For your reference, the Land Classification discussion from the Fort Flagler CAMP study is included as a separate PDF file. The complete report is available at http://www.parks.wa.gov/plans/, then select from the Completed Planning Projects list. Wolfe Property The Wolfe Property is a 130-acre parcel, which includes most of the west shoreline of Bywater Bay. The property was acquired in 1967 for public park development, to include both day use and overnight facilities. Access to the waters of Hood Canal via Bywater Bay was a key factor in choosing to acquire the property. Existing plans for the site show a mix of uses. Extensive areas are designated for long term protection from development except for low intensity trails. This includes the peninsula that juts from southwest to northeast into Bywater Bay. Other areas are designated for moderate recreation development. Public parking will be developed well back from the shoreline, off Paradise Bay Road. Public day use facilities are planned, featuring access to the west shoreline of Bywater Bay, currently a popular shellfishing beach. The north shoreline of the property, west of the base of the tombolo connecting to Hood Head and the State Park property at Point Hannon, fronts directly on Hood Canal and is also suitable for public access from land and water. No discussion of Wolfe Property development is complete without also considering Hood Head. State Parks owns the eastern tip, known as Point Hannon. The site was originally acquired as a water trail site, to provide a safe beach and campsite for those exploring Hood Canal by kayak or similar craft. Although permits have been obtained for this use, we have decided to move the water trail site to the Wolfe Property, with both more protected water and a more suitable land base for development. Point Hannon will remain in public ownership and accessible, in its present undeveloped state. It’s been shown that people highly value water access. The existing plans for the Wolfe Property will require development within the shoreline zone in order to provide water access and proximity to the water. Such features as access trails, structures such as raised trails and boardwalks to reduce impacts to sensitive soils, and water trail sites with kayak racks are examples of work that might occur in the shoreline zone. The current lack of development means that the public develops its own routes, accessing the shoreline at a number of different points, and walking directly through sometimes sensitive soils. Formalization of access through agency development will provide well designed access routes and related facilities that keep impacts in appropriate areas, and use structures where needed to prevent damage. Other informal, inappropriate routes would then be allowed to close up and regenerate. Overall, we anticipate the net result will be a reduction of human impacts. In order to accommodate State Parks’ plans for appropriate public development of the Wolfe Property, we request that the west shoreline of Bywater Bay north of the bay’s interior peninsula, and the north shoreline of the property west of the base of the Hood Head tombolo, be designated Conservancy rather than Natural. A map illustrating this request is also attached as a separate file. Regulations State Parks requests modifications to two regulations. The first is Article 7, 2 (Boating Facilities), H (Mooring Buoys), 8, on page 7-16 of the LASMP. It states: The County shall plan for and coordinate with other agencies to control the placement and number of mooring buoys within bays and other areas to protect water quality and/or habitat and ensure that transit channels are maintained. Under no circumstances shall mooring buoy exceed density state [sic] Department of Health guidelines and National Shellfish Sanitation Program (NSSP) standards. We are unable to find an absolute limit under either reference. What we do find is that presence of a marina may result in a change in the certification of nearby shellfish resources. And there is a working threshold at which an aggregation of mooring buoys is considered equivalent to a marina. Therefore, there is a threshold beyond which a certain number of buoys in a given area may affect the certification of nearby shellfish resources. Nothing, however, prohibits that density. It merely states the consequences. It appears that what the regulation is saying is “do not install buoys that will accommodate vessels beyond the threshold density at which they become considered a marina.” This would mean that technically, buoys would never be allowed to affect shellfish resources. We understand from the Washington State Department of Health (WDOH) that the threshold density is “more than 10 vessels with discharging toilets in 10 surface acres.” This rule of thumb then triggers analysis of the possible concentrations of pollutants, which are affected by, among other things, the number and location of the discharge points, the depth of the water column available for dispersal, and the rate of water exchange. There are several concerns about such a regulation. ? There are only a few places in the county where WDOH currently has concerns: Mystery Bay, Mats Mats Bay, and Port Hadlock. The current regulation applies to “bays and other areas,” which allows application to all waters of the county. ? There are areas without significant shellfish resources where moorage need not be so constrained. ? There are areas in which water depth and rate of exchange may prevent accumulation of waste, leaving shellfish resources unaffected. ? Even in areas where shellfish impacts are possible, one could reasonably determine that recreational boating moorage is the higher use, and tolerate the down listing of nearby shellfish resources. ? Boating is a seasonal activity. Even where shellfish must be down listed, the listing will often be temporary, making the shellfish still available for use much of the year. ? The Department of Health is already using even more stringent requirements in its certification of shellfish beds. For instance, Twanoh State Park has seven mooring buoys. Although this is less than the “marina” density, the area around the buoys is conditionally approved, with a seasonal closure from May 1 through September 30. This demonstrates both that WDOH is managing shellfish without reference to an arbitrary buoy density limit, and that seasonal regulations that allow boating use and shellfish harvest to co-exist are completely practical. We suggest two ways this regulation could be modified to provide appropriate protection to shellfish resources while not unduly hampering recreational boating. We request that one of them be selected and applied to regulation 8. 1. Limit the existing language (as modified for grammar and to properly reference related guidelines) to the three specific locations mentioned above, to include others in the future as determined in conjunction with the WDOH. 2. Rewrite the existing language so that it references the WDOH “rule of thumb” as a trigger point, rather than an absolute cap. At that trigger point, work with WDOH to determine the extent of possible shellfish certification changes, and compare to other benefits of the buoy proposal. Base final decision on a holistic analysis of the net impacts to total marine resources, including recreational boating, and not just shellfish. The second regulation to consider is buoy regulation 9, which states: The capacity of each mooring buoy may not exceed one (1) boat and its appurtenant shore access craft. Although this may have some application to private buoys, State Parks finds that this restriction for public buoys could lead to unintended environmental consequences. As noted in Boating Facility policy statement 5 (page 7-5), mooring buoys are preferred as having lesser impacts than docks, floats, and piers that could provide similar tie-up opportunities. To make optimum use of installed public recreational buoys, we request that buoy regulation 9 be modified as follows: The capacity of each private mooring buoy may not exceed one (1) boat and its appurtenant shore access craft. Public mooring buoys may allow multiple vessels at each buoy, within properly posted design limits. There are a number of reasons to allow several boats at a single buoy. ? Fewer anchor systems need to be placed to provide a given moorage capacity, resulting in less bottom disturbance and limiting the area impacted by the moorage. ? State Parks allows rafting at its buoys throughout the state. WAC 352-12-010(5) has been in effect for decades, with statutory authority extending back to at least 1965. The rule reads, in part, “Rafting of vessels is also permitted, within posted limits.” Moorage capacity at many popular boating destinations relies on the ability to have multiple vessels at each buoy. Current rules allow 1, 2, or 3 (maximum) boats at a single buoy, based on size of the craft. Cutting the moorage capacity of popular State Park sites by up to 2/3 would lead to added impacts on the benthic environment. ? A wellinstalled buoy eliminates the use of individual anchors. Conversely, - limiting the number of buoys, and the number that may tie up to each, leads inevitably to boaters throwing out their own anchor. Multiple anchors digging into, dragging across, and pulling up from the bottom create significant habitat impacts. ? Multiple uses of one buoy are not likely to increase problems associated with marine sanitation. Since rafting limits are based on vessel size, buoys with the most boats have the smallest boats, which are less likely to have onboard toilets. ? Each buoy and anchor is a mechanical system that requires regular maintenance. Underwater work is difficult and expensive. Minimizing the number of buoy/anchor systems to maintain minimizes the long-term public costs associated with providing public moorage. We strongly feel that allowing multiple vessels at public buoys minimizes both the ecological impacts and fiscal costs of providing moorage at State Parks, and prevents conflicts with existing laws. The regulation change requested above is the best solution for all. For further information Thank you for the opportunity to review and comment on the Jefferson County Locally Approved Shoreline Master Program. State Parks looks forward to partnering with the county to continue to provide quality access to valuable shoreline resources. If you require any further information on State Park lands, policies, or plans, please contact us. We have established an e-mail address specifically for coordination with issues such as the SMP update. Please send to local.government@parks.wa.gov. You will quickly be connected with the most appropriate staff person to address your needs. Correspondence to the headquarters office should be addressed to PO Box 42650, Olympia, WA, 98504 Street address is 1111 Israel Road SW, Olympia, WA, 98504 Sincerely, Randy Person Parks Planner Changeto Conservancy WolfeProperty PointHannon WolfeProperty WolfeProperty WolfeProperty ShorelineDesignation ChangeRequest April,2010 07501,5003,000Feet ¹ NAD83HARNWashingtonStatePlaneSouth Datainthesemapswerecompiledforcartographicpurposes. Duetothevariabilityofthesourceinformation,theWashington StateParksandRecreationCommissioncannotaccept responsibilityforerrorsoromissions,and,therefore,thereareno ParkBoundaries(source:WSPRC) warrantieswhichaccompanythismaterial. Ú±®¬ Ú´¿¹´»® ß®»¿ SECTION 4: PARK LAND CLASSIFICATIONS AND LONG-TERM BOUNDARY Land Classification An important part of the planning for the Fort Flagler area involves the zoning or classification of park lands. State Parks has developed a system of six land classifications. When assigned to a specific area within a park, each classification sets an appropriate intensity for recreational activity and development of facilities. Classifications are aligned along a spectrum ranging from low to high-intensity recreational uses and developments. By classifying park lands, the agency is able to consciously strike a balance between protecting park resources and providing an appropriate variety of recreational opportunities to park visitors. The agency's land classification system includes six classifications: Natural Area Preserves, Natural/Natural forest Areas, Resource Recreation Areas, Recreation Areas, and Heritage Areas. Detailed definitions of each land classification are available from the agency on request. Through critical analysis of natural and cultural resource inventories and evaluation of future recreational facilities needs park lands have been classified as shown in Figures 2 thru 5. Land Classifications – Fort Flagler Main Park Area Through analysis of future program direction, public comment, facility needs, and the existing natural and cultural resource basethe main park area of Fort Flagler State Park has been classified as a combination of Heritage, Recreation, and Resource Recreation Areas (Figure 2). Heritage Areas To reflect the park’s status on state and Federal Historic Places Registers the Commission classified the significant contributing landscape and structures of the park as a Heritage Area. This includes the area containing the existing pre WWI structures, the WWII era structures embedded within the older cultural landscape, all gun emplacements and batteries and the road system that loops around the peninsula to connect observation stations and batteries, and the area adjoining and encompassing the wharf. Two small Heritage polygons occur, one along the Flagler Campground Road and one along the south park boundary. The former acknowledges and delineates the historic mortar battery, Battery Bankhead.The latter is intended to add a layer of protection to three WWII era anti-aircraft battery sites. Activities permitted in Heritage Areas include: Filming/Special Events Water: Kayaking/Canoeing Harvesting (edible fruits, mushrooms, shellfish) Water: Sailing Off-Trail Hiking Water: Swimming Wood Debris Collection Haying Activitiesconditionally permitted under the agency’s land classification system may be permitted at specific sites only with the concurrence of the Commission. Activities conditionally permitted in Heritage Areas include: Farming/orchards Off-trail Cycling Grazing Paragliding Metal Detecting Orienteering Technical Rock Climbing Water: Windsurfing Off-Trail Equestrian Of these, the Commission chose to only permit orienteering and paragliding (through an approved plan) within Heritage Areas designated at Fort Flagler. Metal detecting is not allowed in Fort Flagler State Park as a result of previous a Commission decision. Recreation Areas The upper and lower campgrounds at Fort Flagler State Park include15full-utility sites and 101 standard sites. These campgrounds provide an extremely popular camping experience, with use extending well into the shoulder season. In response to staff recommendations, the Commission classified both campgrounds as Recreation Areas to permit camping opportunities to continue. The lower campground Recreation Area encompasses the existing campground in its present configuration, and the beach front day-use area extending out to the current property boundary on the spit and above the ordinary high water mark. This polygon also extends up to the top of the bluff east of the lower campground and extends back 150’ from the top of the bluff. This bluff top area is one site considered for future cabin placement. The upper campground is located in an area that could accommodate expansion without adverse impact on historical integrity or significant natural resources. Areas immediately south and east of the upper campground have limited historical significance and afford the opportunity to expand camping in the future. Therefore, staff recommended the Commission classify the upper campground as a Recreation Area including existing sites and an expansion area south and east of the present campground. This eastward inclusion, following the south park boundary to the Fort Flagler Road, is intended to provide sites for future staff housing and other administrative facilities. This will remove the currently occurring residential use from historic structures in the Heritage Area. This polygon also includes both sides of the Fort Flagler Road in order to accommodate development of an entrance station for the park. Another Recreation polygon occurs at the intersection of the Fort Flagler Road and the Flagler Campground Road. This polygon encumbers the area around the existing “Scout Camps” and the RV Group Camp and includes a buffer of 50 feet around all these facilities. Within the park’s long-term boundary, an area encompassing the clear-cut property located on the Southwest corner of the park (Jefferson County parcels # 021184003 and 021173001) is classified as Recreation within Long-term Boundary. This classification would allow additional campground and trail expansion if the property is acquired. The property currently held by NOAA at the tip of Marrowstone Point is included in the long-term boundary (Jefferson County parcel #021090000) and classified as Recreation. This acquisition could support future recreational facilities at this low bank beach access area. Activities permitted in Recreation Areas Filming/ Special Events Technical Rock Climbing Grazing Water: Kayaking/Conoeing Harvesting edibles (shellfish, Water: Jet Skiing fish, algae, mushrooms, Water: Power Boating berries) Water: Skiing Haying Water: Wind Surfing Orienteering Wood Debris Collection Ocean Beach Driving Paragliding Metal Detecting Off-Trail Hiking Activities permitted in Recreation Areas applicable to Fort Flagler include filming/special events, Harvesting edibles, Orienteering, Off-Trail hiking, paragliding and metal detecting. The Commission has not included Fort Flagler as a site suitable for metal detecting through its statewide program of designating sites for this purpose. The Commission therefore currently does not permit metal detecting at Fort Flagler. Activities conditionally permitted in Recreation Areas under the land classification system include: Farming/orchards Off-Trail Equestrian Grazing Off-Trail Cycling None of these conditional uses were approved for Recreation Areas at Fort Flagler State Park. Resource Recreation Areas The core area of the park is protected within a large block of Resource Recreation Classification. Much of this area has been identified by the DNR Natural Heritage Program as a high quality and globally threatened plant community. Additionally, remnants of the historic landscape remain within this block and help to tell the story of fort history. Therefore, limiting development within this core area is desirable from a resource protection standpoint as well as being a common desire identified in public comment. Beaches and tidelands fronting the park provide an extremely popular recreation attraction. Visitors access these areas on foot from upland parking areas and by private boats – both hand propelled and motor powered – to harvest shellfish, beach comb, picnic, fly kites, birdwatch and enjoy other traditional beach activities. During the spring summer season, large numbers of people use the park’s beaches and in some locations visitors harvest algae for personal consumption. Beaches and tidelands also form an important element of the Fort’s historic cultural landscape, providing the coastal marine context to the site’s military fortifications and supporting garrison post. Washington State Parks also has a bedlands withdrawal for an area extending approximately ¼ mile offshore from the southeast corner of the park to the tip of the spit on the northwest corner of the park.A 1/8 mile wide withdrawal extends from the northwest corner of the park to the southwest marine corner of the park.This withdrawal removes this property from DNR commercial leasing and gives management responsibility to Washington State Parks. The Commission classified these tidelands and bedlands, as Resource Recreation Area, to permit existing uses in these areas to continue and to permit future shellfish enhancement activities. Activities Permitted in Resource Recreation Areas, by land classification include: Filming/Special Events Off-Trail Hiking Harvesting (fruits, mushrooms, Paragliding algae, fish, and shellfish) Water: Kayaking/Canoeing Haying Water: Sailing Metal Detecting Water: Swimming Orienteering As indicated earlier, the Commission currently does not permit metal detecting at Fort Flagler through other Commission action. Activities conditionally permitted in Resource Recreation Areas include: Farming/orchards Water: Jet Skiing Grazing Water: Power Boating Off-Trail Equestrian Water: Skiing Off-Trail Cycling Water: Wind Surfing Of these conditional uses, the Commission only approved power boating, jet skiing, water skiing and wind surfing activities in saltwater tideland/bedlands Resource Recreation Areas at Fort Flagler. Within the long-term boundary, and classified as Resource Recreation Area, is a small property (part of a larger parcel) at the southeast corner of the park (Jefferson County parcel # 021201001). This property would provide a trailhead location, protection for a historic structure (searchlight emplacement), and consolidation of the park boundary along an easily defined border (existing roadway). Additionally, staff will pursue a bedlands withdrawal that would connect the existing bedland withdrawals bracketing the NOAA in-holding at Marrowstone Point. This withdrawal will be classified as Resource Recreation Area. Figure 2 Fort Flagler State Park Staff Recommended Land Classification and Long-term Boundar y