HomeMy WebLinkAboutSigned Sent Final POINT WHITNEY BOAT LAUNCH JEFFCO HX Decision Nov 6 2025
FINDINGS, CONCLUSIONS AND DECISION
FILE NO. MLA21-00007/SDP2020-00021 – P. 1
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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Before Hearing Examiner
Tom Ehrlichman
BEFORE THE HEARING EXAMINER
FOR JEFFERSON COUNTY
In the Matter of the Application for a ) Project File Nos. MLA21-00007;
Shoreline Conditional Use Permit, and ) SDP2020-00021
Shoreline Substantial Development Permit )
)
)
WASHINGTON DEPARTMENT ) FINDINGS, CONCLUSIONS
OF FISH AND WILDLIFE ) AND DECISION
)
)
____________________________________)
The Hearing Examiner held an open-record pre-decision hearing on the above-referenced
matter at 10:00 a.m., Thursday, September 11, 2025, in the Chambers of the Jefferson County
Board of County Commissioners. The Examiner kept the record open after the close of the
public hearing, to allow submittal of additional information requested by the Examiner, after
which the record closed. After holding the public hearing and upon submittal of all information,
the Examiner conducted a site visit on November 1, 2025.
The Examiner has jurisdiction over this Type III consolidated land use application, under
Jefferson County Code (JCC) § 2.30.080(2)(a)(i) and JCC § 18.40.280. Under the Jefferson
County Code and state law, the Examiner issues this final decision with the following Findings
and Conclusions. The Applications are approved with conditions as set forth herein.
I. FINDINGS OF FACT
1. The Record. The Findings and Conclusions herein are supported by the Record
located at the Office of Hearing Examiner. Exhibits cited here and in the Record are described in
an Exhibit List attached hereto as Appendix A. The Record includes all exhibits entered into the
Record by the Examiner and an electronic file of the entire hearing video.
2. Staff Report and Exhibits. Exhibit 26 in the Record is a staff report issued by
the Department of Community Development (DCD) on August 28, 2025, by Project Planner
FINDINGS, CONCLUSIONS AND DECISION
FILE NO. MLA21-00007/SDP2020-00021 – P. 2
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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Donna Frostholm. The staff report includes a recommendation of approval with conditions,
offering proposed findings, conclusions and conditions. The staff report is comprehensive and
thorough, and the Examiner has fully considered the recommendations and analysis therein. The
staff report was submitted with 24 exhibits, numbered as Exhibits 26-01 through 26-24.
3. Applicant. The applicant is the Washington State Department of Fish and
Wildlife (WDFW or Applicant), the owner of the public boat launch parcel and tidelands.
4. Type of Permit Approval Sought. The Applicant seeks approval of a Shoreline
Substantial Development Permit and a Shoreline Conditional Use Permit in a consolidated Type
III open-record permit review. Exh. 26-01, 26-03. After responses to staff comments were
received, Exh. 26-08, the combined applications were deemed complete on October 27, 2021.
Exh. 26-11.
5. Existing Site Features. The proposed boat launch renovation is located at
the end of Point Whitney Road, northeast of Brinnon, in unincorporated Jefferson County. The
proposed boat launch is located on a 7.83 acre parcel, Exh. 27-08 at 2, comprised of ownership
of land and tidelands by the Applicant, Exhs. 27-04, -05. Adjacent tidelands are owned by the
Washington State Department of Natural Resources. Exh. 27-02.
The proposed boat launch is located at the point where the marine waters of Quilcene
Bay join Dabob Bay. It is a pristine area with beach littered with oyster shells. The description
of the site in the staff report is detailed and accurate and Pages 1 – 4, Exh. 26, therein are
incorporated herein by reference in their entirety as though fully set forth herein.
As described in the staff report, notably, the site contains the following designations and
features, including possible critical areas features:
Comprehensive Plan Designation: = Parks, Preserves and Recreation
Zoning Designation: = Parks, Preserves and Recreation
Shoreline Master Program Designations:
§ Above Ordinary High Water Mark = Conservancy
§ Below Ordinary High Water Mark = Aquatic
Critical Areas, as defined in JCC ch. 18.22:
§ Fish and Wildlife Habitat Conservation Areas (Marine water serves as a primary
association of:
FINDINGS, CONCLUSIONS AND DECISION
FILE NO. MLA21-00007/SDP2020-00021 – P. 3
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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o listed fish species;
o eelgrass;
o recreational shellfish area;
o 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).
Exh. 26 at 1-4. These site characteristics are described in detail in the SEPA Environmental
Checklist, Exh. 27-08, and the project application materials. Exh. 26-01, -03, -05, -06, -08.
6. The Proposed Project. The applications are described in detail in the staff report,
Exh. 26, and accompanying application materials, Exh. 26-01, 26-03, 27-01, 27-08. Those
descriptions of the proposed project are incorporated herein by reference in their entirety. The
Applicant’s final revised project plans were submitted in Exhibit 27-01, with updated
dimensions, as follows:
§ Existing Boat Ramp: Width: 10 feet Length: 112 feet
§ Proposed Boat Ramp: Total Width: 20 feet Length 112 feet
Exh. 27-01, Sheet 2 of 8 (existing site plan 12/16/24); Page 9 (6/6/2025).
The Applicant proposes to cover the existing concrete boat ramp with pre-cast concrete
planks (4’ x 12’) that extend one foot wider on each side beyond the existing boat ramp. Exh.
27-01 at 9. The Applicant proposes to then line each side of the new boat ramp with articulated
concrete mats four feet wide. Thus, the proposal is to widen the existing 10-foot wide boat ramp
by a total of ten feet (five feet each side). The resulting boat ramp will be 20 feet wide. Id.
Because the new boat ramp is constructed on top of the existing concrete, which is to remain, the
resulting boat ramp will be a higher elevation than the existing boat ramp, with the edges set to
match existing grades of the beach. Id.
7. Purposes of the Proposed Work – Reduce Sedimentation. The Applicant
proposes to augment an existing concrete boat launch by placing new planks and articulated
concrete mat, thus elevating the existing boat ramp to a level even with the beach elevation.
Currently, the boat ramp is located lower than the beach elevation and up to eight inches of
sedimentation covers the boat ramp. Exh. 26-03 at 33, Table 1. During the Examiner’s site visit,
FINDINGS, CONCLUSIONS AND DECISION
FILE NO. MLA21-00007/SDP2020-00021 – P. 4
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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no boat ramp was observable beyond the first few feet of the boat ramp; it was entirely buried
and obscured in beach pebbles and marine sediment.
WDFW’s stated rationale for raising the elevation of the boat ramp is to ensure that the
boat ramp is not obscured or covered by beach sediment. Exh. 26-03 at 11. WDFW cites the
need to discourage use of other portions of the beach, as users seek “a better boat launching
location” where their vehicles and trailers will not get stuck in beach sediments. Id.; Testimony
of Michelle Holtz, WDFW; Testimony of Mike Nikolas, WDFW.
WDFW’s submittal to the County contained a coastal processes study by Northwest
Hydraulic Consultants Inc. (NHC) (Aug. 14, 2018) that included an analysis of these beach
morphology and sedimentation causes, with preliminary design options for improvements “to
capture the sediment away from the ramp and reduce the frequency of required maintenance.”
Exh. 26-03 at 33, et seq. (Page 22 of the report). The report recommended several options. One
was “elevating the proposed ramp above the existing beach profile [to] maintain the current
footprint. . . “ Id. That is the proposal WDFW presents in these applications. The proposal
does not include any of the recommended improvements “to capture the sediment away from the
ramp.”1
8. Potential Impacts to Shorelines; Eelgrass Beds; Water Quality Analyzed.
The staff report analyzes in detail potential impacts of the proposal, mitigation required
by the County’s Shoreline Management Master Program, and mitigation required by other
agencies. Exh. 26 and attached Exhibits 01 – 24. That analysis is incorporated herein by
reference in its entirety as though fully set forth herein. Any conflicts between this Decision and
that report are resolved in the manner indicated in the Decision.
(a) The Applicant’s Application packet includes recommendations for
mitigating impacts to eelgrass beds in proximity to the boat launch. The Applicant provided a
1 One of the other alternatives recommended by the NHC report was for both the elevation of
the ramp and the construction of a three foot high rock berm on the eastern edge of the ramp,
noting that continued maintenance of the ramp would be necessary to deal with ongoing
sedimentation of the new elevated ramp. Id. at 23-25. As noted in the environmental checklist
(Nov. 27, 2019), Exh. 27-08 at 2, WDFW did not choose to include this 3-foot high rock berm in
its proposal, or as any subsequent phase of the project, and no cumulative impacts analysis of
subsequent phases was included in the application or checklist.
FINDINGS, CONCLUSIONS AND DECISION
FILE NO. MLA21-00007/SDP2020-00021 – P. 5
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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report delineating the eelgrass beds submitted by GeoEngineers, Inc. dated July 13, 2018. Exh.
26-03 at 63-68. Mitigation for the project is proposed, as discussed below, and will address
adverse impacts to eelgrass from the known proposed improvement to the existing boat launch.
During testimony, WDFW acknowledged that any increase in the length or elevation of the
existing ramp could create impacts to eelgrass.
(b) Impacts to fish, shellfish and other marine habitat are analyzed in the staff
report and proposed to be mitigated by compliance with conditions of approval for permits from
federal agencies, including the U.S. Army Corps of Engineers, and compliance with the
mitigation conditions herein.
(c) The SEPA comment letter from Ecology, below, identified potential water
quality impacts. The National Marine Fisheries Service and U.S. Army Corps of Engineers
participated in a preapplication conference and identified impacts to marine waters and habitat.
Exh. 26-01. In its testimony at hearing, WDFW acknowledged the potential for minimal
increases in public use of the boat ramp following completion of the project. Testimony of Mike
Nikolas, WDFW. Similarly, the correspondence between DCD and WDFW recognized that
potential and the potential for cumulative impacts concerning recreational shellfish. Exh. 27-09.
These water quality impacts are analyzed in the staff report, incorporated herein, and addressed
through mitigation measures contained in the conditions of approval.
9. SEPA Review and Comment. As set forth in the Record and as authorized under
SEPA, WDFW asserted lead agency status and issued a SEPA Determination of Nonsignificance
(DNS) No. 19-061 for the project ,on December 13, 2019, prior to submitting its applications
with the County. Exh. 26-03 at 31-32. The DNS provided for a 14-day comment period.2
10. Notice of Public Hearing. Notice of the public hearing was posted, mailed and
published. Exhs. 26-23, 26-24. 1
2 WAC 197-11-340(2). The Examiner is mindful that the time periods for comment on the SEPA DNS are long
gone and the DNS is not under appeal. However, the Examiner asked that WDFW’s SEPA Environmental Checklist
be included in the record. Exh. 27-08. In reviewing the checklist for relevant information, the Examiner notes a
possible error in the answer to Question B.8.h. There, WDFW responded negatively when asked whether any of the
site had been classified as a critical area by the County. The site lies within a floodplain and critical aquifer
recharge area.
FINDINGS, CONCLUSIONS AND DECISION
FILE NO. MLA21-00007/SDP2020-00021 – P. 6
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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11. Public Hearing; Close of Record. The Examiner held an open-record public
hearing on September 11, 2025. At the public hearing, the Applicant was represented by
Michelle Holtz, WDFW Environmental Planner, and Mike Nikolas, WDFW Project Manager.
DCD was represented by Ms. Frostholm, a Senior Planner. No other persons, agencies or tribes
appeared to testify or present evidence or argument at hearing. All witnesses were sworn in.
After hearing all testimony, the Examiner closed the public hearing and left the record
open to allow the County and the Applicant to submit supplemental materials requested by the
Examiner. Thereafter, on or about September 18, 2025, the Applicant submitted Exhibit 27, and
its attachments Exh. 27-1 through 27-10. Those exhibits are hereby entered into the record.
Public comments on Exhibit 27 were authorized by the Examiner if filed prior to September 22,
2025. None were received and the record closed on that date. The Record does not include
additional Exhibits after Exhibit 27.
12. Record of Comments From the Public, and Agencies. The record does not
contain any letters or testimony from the public. As noted above, the Washington State
Department of Ecology submitted a comment letter in response to the SEPA DNS, and WDFW
responded. Exh. 27-06, -07.
13. Record of Consultation With Tribes. Witnesses testifying for DCD and WDFW
verified that “affected tribes” were contacted during project review and no adverse comments
were received, referencing Exh. 26-05. That exhibit includes an email from WDFW to DCD
dated April 5, 2021, in which WDFW transmits to DCD “government-to-government
consultation letters with concurrence of no adverse impact from [the WA Department of
Archeology and Historic Preservation] and affected Tribes.” The specific tribes are not
identified; the email asks that the letters not be disseminated; the letters are not included in the
exhibit; and the subject line of the email refers to “Cultural Resource Review.”3
In the absence of adverse letters from tribes in the Record and no tribal testimony at
hearing, the Examiner finds that the Record of this County decision includes no objections from
3 It is unclear whether the consultation included communications with or comments from affected tribes involving
project potential impacts to treaty fishing rights. The project review included reviews of the project in navigable
waters by federal agencies, including by National Marine Fisheries Service and the U.S. Army Corps of Engineers.
Presumably, as trustees under the treaties, these federal agencies consulted with federally recognized treaty fishing
tribes.
FINDINGS, CONCLUSIONS AND DECISION
FILE NO. MLA21-00007/SDP2020-00021 – P. 7
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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federally recognized treaty fishing tribes with Usual and Accustomed Fishing Areas at this
location. This decision of approval with conditions is premised on the absence of objections by
treaty fishing tribes.
14. Applicable Law. In summary form, this project was reviewed for
consistency with the following:
(a) State Law.
§ SEPA, RCW ch. 43.21C and WAC ch. 197-11;
§ The Shoreline Management Act, RCW ch. 90.58; WAC ch. 173-27;
(b) Jefferson County’s Adopted Policies and Regulations.
§ SEPA, JCC ch. 18.40, Title X
§ Type III Notice Provisions, JCC ch. 18.40;
§ Comprehensive Plan (Dec. 10, 2018);
§ Zoning, JCC ch. 18.15, Articles I and II;
§ Shoreline Management Master Program and Implementing
Regulations at JCC ch. 18.25;
o Shoreline Designation Use Regulations, JCC § 18.25.230 -
.250;
o Substantial Development Permit Criteria, JCC § 18.25.540;
o Shoreline Conditional Use Permit Criteria, JCC § 18.25.590;
o Shoreline Public Boat Launch Regulations, JCC §
18.25.350(3);
o Shoreline Water Quality; JCC § 18.25.320;
§ Critical Areas JCC ch. 18.22; § 18.25.270; and
§ Stormwater, Flood, and other Development Standards: Unified
Development Code, JCC Title 18; ch. 15.15.
The specific policy and code citations under these laws in the staff report at 3-10 applicable to
this Type III review are hereby incorporated by reference as though fully set forth herein.
15. Ecology Review and Approval. Part of this Type III review includes
approval of a shoreline conditional use permit. As specified in WAC 173-27-130, -140, -190, -
200, no construction is authorized by the County’s CUP approval until the Washington State
FINDINGS, CONCLUSIONS AND DECISION
FILE NO. MLA21-00007/SDP2020-00021 – P. 8
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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Department of Ecology receives this local CUP decision and issues its own decision on the
shoreline CUP, under criteria described in WAC 197-27-210 (citing WAC 197-27-160).
II. CONCLUSIONS OF LAW
After hearing the testimony of witnesses under oath, conducting a site visit, and
reviewing the exhibits in the Record, the Examiner reaches the following conclusions.
1. The Examiner has jurisdiction over this Type III consolidated land use
application, under Jefferson County Code (JCC) § 2.30.080(2)(a)(i) and § 18.40.280.
2. The decision combines a Type II administrative shoreline conditional use permit
with a Type III open-record hearing decision on a shoreline substantial development permit, for a
single consolidated open-record hearing decision by the Hearing Examiner, as authorized by JCC
§ 18.40.030(2). At hearing, the Applicant has the burden of proving that the proposed
development is consistent with the Shoreline Management Act and the County’s Shoreline
Management Master Program and implementing regulations. JCC § 18.25.670.
3. 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.
4. The criteria for approval for the Substantial Development Permit Application is
set forth in JCC § 18.25.540.
5. The criteria for approval (standard of review) for the Shoreline Conditional Use
Permit Application is set forth in JCC § 18.25.590.
6. Prior to construction, a development permit for fill and development within a
frequently flooded area designated on the Flood Insurance Rate Map of the Federal Emergency
Management Agency may be needed from DCD, as a Type I administrative permit. That permit
application is not before the Hearing Examiner for decision in this Type III proceeding. See
Jefferson County Flood Damage Prevention Ordinance, JCC ch. 15.15 and § 15.15.070(4).
7. The proposal complies with SEPA, RCW ch. 43.21C and JCC ch. 18.40, Title X.
A SEPA DNS was issued by WDFW, with a public comment period, and accepted by the
Jefferson County SEPA Responsible Official, by incorporation in the staff report.
8. Public notice of the application and notice of the public hearing were provided as
FINDINGS, CONCLUSIONS AND DECISION
FILE NO. MLA21-00007/SDP2020-00021 – P. 9
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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required by JCC ch. 18.40, by posting, mailing and publication.
9. By complying with SEPA, by providing public notice and an opportunity for
public input, and by conforming with the substantive requirements of Jefferson County’s
implementing development regulations (as set forth below), the proposal is consistent with the
applicable policies of the Jefferson County Comprehensive Plan (Dec. 10, 2018), specifically
with respect to uses allowed within the Conservancy and Aquatic shoreline designations, the
Public Parks and Recreation land use designations of the comprehensive plan, and goals and
policies specific to public access to the shorelines, transportation and protection of critical areas.
The conclusions with respect to comprehensive plan consistency in the staff report, Exh. 26 are
hereby adopted and incorporated herein by reference as though fully set forth herein.
10. The property is zoned “Parks, Preserves and Recreation;” the continued use of the
site for a public boat launch is an authorized use within that zoning classification, under JCC
ch. 18.15, Articles I and II.
11. The site is also designated under the County’s Shoreline Management Master
Program as “Aquatic” below the OHWM and as “Conservancy” above the OHWM, within a
shoreline of statewide significance, as defined in JCC § 18.25.240.
12. The proposed use is a “boating facility,” as defined and regulated in JCC
§§ 28.25.100(2)(p), .350. Use of the site for public access is a preferred use under the County’s
shoreline policies and regulations. JCC §§ 18.25.250(11), .290.
13. The proposed placement of concrete pre-cast panels over the existing concrete
boat ramp, the extension of the sides by four feet, and the resulting increase in total width of ten
feet constitutes “substantial development” of a “structure” within the shoreline, under JCC
§§ 18.25.100(19)(rr), .540. Based on the analysis in the staff report, which is incorporated herein
by reference in its entirety as though fully set forth herein, the proposal, as conditioned herein,
meets each of the criteria for a substantial development permit in Section .540.
14. As conditioned herein, the proposed substantial shoreline development meets the
specific regulations for public boat launches under JCC § 18.25.350(3). Continued use of the
site for a structure providing public access to marine waters is an authorized use within critical
areas and shoreline buffers under JCC § 18.25.270(5)(d)(v). The use is water-dependent,
provides direct water access, and will significantly increase public opportunities for public water
FINDINGS, CONCLUSIONS AND DECISION
FILE NO. MLA21-00007/SDP2020-00021 – P. 10
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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access. JCC §§ 18.25.350(3)(b)(v), .350(3)(e). Based on the Examiner’s site visit, there appear
to be adequate parking spaces for boat trailers commensurate with demand; the staff report
analysis finding compliance with transportation provisions of the County’s shoreline program is
incorporated herein. JCC § 18.25.350(3)(g).
15. By limiting the length of the boat launch to the length of the existing boat launch,
the proposal conserves the substantial eelgrass beds located just beyond the launch, consistent
with the shoreline policies and regulations for vegetation conservation in JCC § 18.25.310.
16. By placing new structures on top of an existing structure, the proposal does not
appear to involve dredging within the meaning of JCC §§ 18.25.100(4)(q), .360. Removal of
sediment from the existing boat launch will be necessary to uncover the existing structure, but
the proposal does not appear to include “removal of earth from the bottom of a . . . water
body.” Id. The Examiner finds that this removal of sediment for construction will ultimately
provide public access for a substantial number of people and provide water-oriented public
recreation opportunities for them. With a condition requiring water quality monitoring, and best
erosion control practices during construction, and planned timing to minimize adverse impacts to
shoreline ecology, the proposal will avoid degradation of water quality and quantity, as required
by JCC § 18.25.320, .360 (if applicable), and JCC § 18.25.370(3) (if applicable).4 Those
conditions and proposed mitigation adequately address the concerns noted by the Department of
Ecology in its comment letter to WDFW cited above.
17. The proposed structure is defined as a “boat launch” or “boat ramp,” which means
“a slab, pad, plank, rail, or graded slope used for launching boats by means of a trailer, hand, or
mechanical device.” JCC § 18.25.100(2)(r). The proposal does not involve construction of any
over-water structures, marinas, open water moorage, anchorage areas, boat lifts, mooring buoys,
piers, floats or docks.
18. The Jefferson County Code authorizes outright both the use and development for
4 This proposal includes an application for a shoreline conditional use permit to permit a boat launch facility within a
Conservancy shoreline designation. A CUP would also be required within both the Aquatic and Conservancy
designated areas if dredging or fill were involved. JCC § 18.25.360(2), .370(2). While this application does not
appear to involve dredging or fill, as defined in JCC § 18.25.100, to the extent it were interpreted otherwise, this
decision approving a CUP for the project is intended to approve dredging and fill activity within the Aquatic and
Conservancy designated areas under JCC § 18.25.360 and .370, if applicable.
FINDINGS, CONCLUSIONS AND DECISION
FILE NO. MLA21-00007/SDP2020-00021 – P. 11
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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public recreation in the Conservancy under JCC § 18.25.490(2)(d). The proposed renovation of
the boat launch is a “low intensity water-oriented recreational use and development,” with
minimal alteration of topography. By renovating the existing substandard facility, the Applicant
seeks to improve shoreline ecological functions by creating an incentive for visitors not to use
other areas of the beach for boat launching. Accordingly, the proposal is for “low intensity
water-oriented development” authorized as “Recreation.” Id. However, “boat launch ramps” are
also listed as one of the specific uses categorized as “boating facilities” under the code. JCC
§ 18. 25.100(2)(p).
19. The County’s shoreline master program regulates “boating facilities” under JCC
§ 18.25.350. Within that section, “boat launches” are allowed within the Aquatic designation, if
allowed in the adjacent upland “Conservancy” shoreline environment. A public boat launch
facility is authorized within the Conservancy shoreline environment as a conditional use, under
JCC § 18.25.350(2)(d). Based on the analysis in the staff report, Exh. 26 at 4-10, which is
incorporated herein by reference in its entirety as though fully set forth herein, the proposed
renovation of the existing boat launch, as conditioned herein, meets the goals, policies and
regulations of the County’s Shoreline Management Master Program, and criteria for a Shoreline
Conditional Use Permit under the policies and regulations in JCC § 18.25.350, .590.
20. The proposal complies with the County’s Critical Areas ordinance codified at
JCC ch. 18.22, as required by JCC § 18.25.270; the Examiner adopts the analysis in the staff
report, Exh. 26, in the following restatement (with the Examiner’s headings and formatting
added):
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 of:
o listed fish species;
o eelgrass;
o recreational shellfish area;
o forage fish (spawning areas);
FINDINGS, CONCLUSIONS AND DECISION
FILE NO. MLA21-00007/SDP2020-00021 – P. 12
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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§ Geologically hazardous area (seismic hazard);
§ Critical aquifer recharge area (susceptible);
§ Seawater intrusion protection zone (coastal); and
§ Frequently flooded area (Zone AE).
(a) The proposal occurs within a regulated fish and wildlife habitat conservation area,
and the applicant submitted a Habitat Management Plan (dated July 26, 2021).
(b) The new boat ramp will be constructed within specified work windows to
minimize the potential for adverse impacts to listed species and forage fish during
construction.
(c) The native eelgrass (Z. marina) occurs waterward of the existing boat ramp and
the proposal does not extend the length of the boat ramp, so no impacts to eelgrass are
expected.
(d) Recreational shellfish occur in the vicinity of the project area. While increased
usage of the new boat 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.
(e) The increase in boat ramp width of two feet plus the addition of mats to either
side of the boat ramp have the potential to impact forage fish habitat. However,
mitigation is proposed to compensate for the loss.
(f) [Staff report discussion of flood development permit omitted and not incorporated
herein].
(g) The boat 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 boat 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 boat ramp (Exhibit 26-3).
FINDINGS, CONCLUSIONS AND DECISION
FILE NO. MLA21-00007/SDP2020-00021 – P. 13
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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(h) Critical aquifer recharge areas and seawater intrusion protection zones would not
be expected to be affected by this proposal.
The staff report contains additional conclusions that are incorporated herein:
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 18.25.310 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.
Exh. 26 at 3-4, 10.
21. The site contains an area that is frequently flooded and therefore is regulated by
the County under JCC ch. 18.22, the County’s critical areas ordinance. In this case, the Staff
Report verifies that the site is in an area mapped on a Federal Emergency Management Agency
(FEMA) Flood Insurance Rate Map (panel 53031C0915C) as Zone AE. The proposal complies
with JCC ch. 18.22 because one of the conditions, below, will require that the proposed project
obtain a flood development permit prior to commencement of construction, under JCC ch. 15.15,
and comply with all federal and state permitting requirements. The Applicant can demonstrate
compliance with FEMA’s Biological Opinion by obtaining all required federal, state and County
permits within navigable waters and the FEMA floodplain. A draft Biological Assessment was
provided with the Application, prepared by KPFF Consulting Engineers (June 30, 2019). Exh. 26-
01 at 21 et seq. This decision finds compliance with the Jefferson County critical areas regulations
based on the facts and conclusions in that draft Biological Assessment. The decision here includes a
condition requiring confirmation -- through federal and state permitting -- of a preliminary effects-
determination for Puget Sound Chinook, Hood Canal Summer Run Chum, Puget Sound Steelhead,
FINDINGS, CONCLUSIONS AND DECISION
FILE NO. MLA21-00007/SDP2020-00021 – P. 14
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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and Southern Resident Orca of ‘may affect, not likely to adversely affect.” Should that draft effects-
determination change and result in a final determination of adverse effects to listed species, such
that federal or state permits are denied, the conclusion herein of compliance with County critical
areas regulations shall become automatically void.
22. Based on the foregoing, the Applicant has met its burden of proof under JCC
§ 18.25.670.
III. DECISION
Any Finding of Fact herein deemed properly to be considered a Conclusion of Law is
hereby adopted as such and vice versa. Based on the foregoing Findings and Conclusions, and
considering all testimony and exhibits in the Record, the Examiner issues a final decision on the
above-captioned matters as follows:
A. PERMIT APPROVALS WITH CONDITIONS.
The applications for a Shoreline Substantial Development Permit and a Shoreline
Conditional Use Permit are hereby approved, subject to the following conditions.
1. The Department shall transmit this Decision to the State of Washington for its review in
the manner prescribed by law. Implementation of work approved under this permit shall
not begin until the Washington Department of Ecology (Ecology) has issued their written
approval of this shoreline application and as set forth by law.
2. Prior to commencing construction, the Applicant shall obtain all permits necessary from
federal, state and local agencies and provide DCD with a copy of all approved permits,
including associated conditions of approval. DCD shall confirm that the issuance of
federal permits includes mitigation based upon the facts and conclusions in the draft
Biological Assessment at Exhibit 26-01 (Page 21 et seq) including a preliminary effects-
determination for Puget Sound Chinook, Hood Canal Summer Run Chum, Puget Sound
Steelhead, and Southern Resident Orca of ‘may affect, not likely to adversely affect.”
Should that draft effects-determination change and result in a final determination of adverse
effects to listed species, such that federal or state permits are denied, the conclusions herein
of compliance with County critical areas regulations shall become automatically void.
3. Construction and mitigation shall be in substantial compliance with the parameters
described in detail in WDFW’s submittal to the Office of Hearing Examiner dated
September 18, 2025 at Exhibit 27. This includes but is not limited to the described
project plan quantities, Forage Fish Survey, NMFS mitigation and federal permit
parameters, and the plans sheets entered into the record at Exhibit 27-01, containing nine
plan sheets that include Page 9 dated June 11, 2025.
4. Substantial progress towards completion of the project shall be performed within two
years of the issuance of the permit, unless extended by written approval of the DCD
FINDINGS, CONCLUSIONS AND DECISION
FILE NO. MLA21-00007/SDP2020-00021 – P. 15
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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Administrator due to delays in issuance of permits by other agencies or to minimize
impacts on fish, which extensions shall expire after six months but may be renewed for
up to two years total.
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 immediately notify in writing: (a) the Washington State Department of
Archaeology and Historic Preservation; (b) affected tribes referenced in Exhibit 26-05;
and (c) DCD, and shall comply with all applicable laws in response to the discovery.
6. Discharge of sediment-laden runoff or other pollutants to the beach or marine waters is
prohibited, including sand, silt, clay particles and soil. Erosion control measures must be
in place prior to any clearing, grading or construction. The project shall implement best
management practices (BMPs) to prevent stormwater runoff from carrying soil and other
pollutants into surface water or storm drains that lead to marine waters, and shall comply
with JCC 18.30.070 (Stormwater Management Standards). The development must
comply with the minimum standards of the current Ecology Stormwater Management
Manual for Western Washington. BMPs to prevent sediments from being transported to
the marine environment from construction shall be in place prior to beginning any work
on this project, and shall be maintained for the duration of the work. The Applicant shall
ensure compliance with the Construction Stormwater General Permit.
7. Prior to commencing construction, the Applicant shall apply for and obtain a flood hazard
permit from Jefferson County, demonstrating planned use of flood hazard reduction
measures, as required by the Jefferson County Flood Damage Prevention Ordinance, as
codified in Chapter 15.15 of the Jefferson County Code. JCC § 15.15.070(4).
8. Use of heavy equipment is limited to the existing boat launch footprint and envelope for
the proposed expansion and shall not be used elsewhere on beach.
9. Prior to beginning any work on this project, the Applicant shall submit to DCD
documentation, such as a Final Statement of Sale, showing that in-lieu fee mitigation
credits required as conditions of issued federal permits for the project have been
purchased in full through the Hood Canal Coordinating Council’s In-lieu Fee Mitigation
Program.
10. The regraded mitigation area along the west end of the spit shall be allowed to form
under natural marine shoreline processes.
11. The Applicant shall ensure that all construction equipment avoids the eelgrass beds near
the end of the existing boat launch identified in Exhibit 26-03 at 63-68.
12. The Applicant shall adhere to all applicable work windows to minimize the potential
impacts to fish, shellfish, and associated habitats, and shall ensure that surveys are
conducted using established WDFW protocols for determining negative results for forage
fish.
13. Removing vegetation adjacent to the footprint of the approved ramp expansion area is not
permitted.
FINDINGS, CONCLUSIONS AND DECISION
FILE NO. MLA21-00007/SDP2020-00021 – P. 16
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360)385-9180
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14.Prior to beginning any work on this project, the Applicant shall ensure that a Spill
Prevention Control and Countermeasure Plan to applicable federal and state standards has
been prepared and is available onsite, along with the cleanup materials and equipment on-
site specified in that plan sufficient to address construction-related spills.
15.As mitigation for cumulative water quality impacts from potential increased use of the
renovated boat launch ramp, the Applicant shall, on an ongoing basis, monitor water
quality information and marine biotoxins affecting shellfish, by regularly monitoring
announcements issued by the Jefferson County Public Health Department and/or
Washington Department of Health concerning biotoxin closures affecting recreational
shellfish beds in Quilcene and Dabob Bays. WDFW shall coordinate with both health
agencies as needed to ensure recreational shellfish advisories are timely posted at the
Kiosk located adjacent to the boat ramp and on the bulletin board at the nearby building
that houses restrooms.
B.NOTICE.
The Clerk is directed to issue or cause to be issued a “notice of decision” as specified in
JCC § 18.25.750; and also to file or cause to be filed a copy of the Decision with the Department
of Ecology as specified therein and pursuant to WAC 173-27-130.
SO ORDERED, this 6th day of November, 2025.
_________________________________
Tom Ehrlichman, Hearing Examiner
APPEAL
The decision by the Hearing Examiner is final on the date issued. Pursuant to County code, the
Applicant or any party of record may request reconsideration of the Decision within ten days of
Notice of the Decision, upon the filing of a request in the manner specified in JCC
§18.25.750(4). A request for reconsideration shall not preempt or extend the appeal period for
a permit or affect the date of filing with the Department of Ecology, unless the Applicant requests
the abeyance of said permit appeal period.
Pursuant to JCC § 18.25.750(5), appeals to the Shoreline Hearings Board of a decision on a
shoreline substantial development permit, shoreline variance or shoreline conditional use permit
may be filed by the Applicant or any aggrieved party in accordance with RCW 90.58.180 within
twenty-one (21) days of filing the final decision by Jefferson County with the Washington State
Department of Ecology.
Information on appeal process and rules of procedure is available in ch. WAC 461-08 and on the
Shoreline Hearings Board web site and the Department of Ecology website at
https://ecology.wa.gov/regulations-permits/permits-certifications/shoreline-permits-
enforcement/appealing-a-shoreline-permit.
MLA21-00007; SDP2020-00021
APPENDIX A: EXHIBIT LIST
Key to Types
A = Application L = Maps
C = Comments N = Notices
G = General R = Reports
S = SEPA
POINT WHITNEY BOAT LAUNCH Exhibit List.xls 1 of 2
Item No:Item/description Date
MESSAGE: Original Exhibits 01-24 are now attached to Exhibit 26
01 Nothing listed or linked online
02 Nothing listed or linked online
03 Nothing listed or linked online
04 Nothing listed or linked online
05 Nothing listed or linked online
06 Nothing listed or linked online
07 Nothing listed or linked online
08 Nothing listed or linked online
09 Nothing listed or linked online
10 Nothing listed or linked online
11 Nothing listed or linked online
12 Nothing listed or linked online
13 Nothing listed or linked online
14 Nothing listed or linked online
15 Nothing listed or linked online
16 Nothing listed or linked online
17 Nothing listed or linked online
18 Nothing listed or linked online
19 Nothing listed or linked online
20 Nothing listed or linked online
21 Nothing listed or linked online
22 Nothing listed or linked online
23 Nothing listed or linked online
24 Nothing listed or linked online
25 Emails - communication with applicant 9/11/25
26 Transmittal Email from DCD re Staff Report and Exhibit list 8/28/25
26-01 Pre-application meeting
26-02 Emails - DCD, HCCC, applicant
26-03 Application
26-04 Email communication with applicant
26-05 Application (form, eelgrass, archaeology)
26-06 Request for additional information, emails
26-07 Approve extension for submittal
26-08 Submittal
26-09 Emails - status of review
26-10 Schedule notice of application
26-11 Notice of Application
26-12 Affidavit of Posting
26-13 Affidavit of Publication
26-14 Emails - status of review
26-15 Request for additional information
26-16 Communication with new WDFW contact
26-17 Forward additional information requests
26-18 Status of ILF mitigation
26-19 Email communication with HCCC
MLA21-00007; SDP2020-00021
APPENDIX A: EXHIBIT LIST
Key to Types
A = Application L = Maps
C = Comments N = Notices
G = General R = Reports
S = SEPA
POINT WHITNEY BOAT LAUNCH Exhibit List.xls 2 of 2
Item No:Item/description Date
26-20 ILF discussion with WDFW
26-21 Preliminary statement of sale
26-22 Schedule public hearing and noticing
26-23 Affidavit of posting
26-24 Notice of public hearing
These are exhibits submitted as authorized by the HX prior to the close of record
27 Transmittal Email from WDFW Holtz 091825 9/18/25
27-01 Project plans 9/18/25
27-02 DNR Ownership 9/18/25
27-03 Deed Point Whitney 9/18/25
27-04 Deed AC220019 9/18/25
27-05 Deed AC220018 9/18/25
27-06 SEPA WDFW Comment to Ecology 9/18/25
27-07 SEPA Comment Ecology 9/18/25
27-08 SEPA Checklist 9/18/25
27-09 Rewording Condition 17 9/18/25
27-10 Rewording Condition 11 9/18/25