HomeMy WebLinkAbout010312_ra02
Regular Agenda
10:15 AM
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
REGULAR AGENDA REQUEST
FROM:
Board of County Commissioners
Philip Morley, County AdminiRtrator
Stacie Hoskins, Interim DCD Directorgt\\-
January 3, 2012
TO:
DATE:
SUBJECT:
Port Townsend Bay Mooring Buoy Moratorium Public Hearing
STATEMENT OF ISSUE:
On November 7, 2011, the Board passed Ordinance No. 04-1107-11, eoacting a six month moratorium placed on
submittals of shoreline permit applications to the Jefferson County Department of Community Development for
placement of mooring buoys in the southern portion of Port Townsend Bay (as defined in the attached management plan
area map), except when: 1) the state Department ofHeaIth notifies the Jefferson County Shoreline Administrator that
movement or placement of a mooring buoy would contribute to preventing or lifting a shelIfish harvesting closure; or 2)
the Jefferson County Shoreline Administrator determines that an application for the movement or placement of a mooring
buoy must be accepted and reviewed by Jefferson County in furtherance of the planning being conducted during the
development of the Port Townsend Bay Management Plan.
Per RCW 90.58.590, the Board shaIl conduct a public hearing within sixty days of the adoption of a moratorium.
BACKGROUND/ANALYSIS/STRATEGIC GOALS:
This moratorium on new mooring buoys is the starting point as interested parties, local tribes, state agencies and Jefferson
County prepare a management plan for this area. The Lower Hadlock area is subject to competing interests of the boating
public as weIl as upland land uses. These water and land uses have the potential to adversely affect commercial sheIlfish
harvesting within the southern portion of Port Townsend Bay. A mooring buoy moratorium wilI provide a period of time
where existing buoys whether authorized or unauthorized can be inventoried and evaluated for compliance with applicable
county and state legal requirements. Transient boat locations can be monitored to vemy if boaters are adversely impacting
the commercial shellfish beds. Finally, various land uses wilI be examined to promote a coordinated effort for protection,
use, development and restoration opportunities through a management plan process. The management plan process wiIl
include a public outreach program facilitated by the state Office of Regulatory Assistance.
FISCAL IMPACT:
The Jefferson county costs associated with developing the moratorium, participation in the formation of the management
plan and the ongoing monitoring of the activities within Port Townsend Bay are included in the 2012 annual budget
approved for DCD.
RECOMMENDATIONS:
Staff recommends the Board hold a public hearing to solicit testimony regarding Ordinance No. 04-1 107-11, enacting a six
month moratorium placed on submittals of shoreline permit applications to the Jefferson County Department of
Community Development for placement of mooring buoys in the southern portion of Port Townsend Bay. No action is
required by the Board subsequent to the public hearing.
REVIEWED BY:
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STATE OF WASHINGTON
County of Jefferson
In the matter of a }
Moratorium on new Mooring }
Buoy's In the southem portion of }
Port Townsend Bay }
Ordlnance# 04-1107-11
The Jefferson County Board of County Commissioners enters the following
findings of fact:
1. Jefferson County has committed to planning under the provisions of the
Growth Management Act, codified as RCW 36.70A.
2. Jefferson County implements the Growth Management Act through a
comprehensive plan edopted In 1998 and updated In 2004.
3. The Comprehensive Plan of Jefferson County provldes goals and poDces on
page 8-36 of the Comprehensive Plan to implement the provisions of the
ShoreDne Management Act found at ROO 90.58.
4. The ShoreDne Management Act development regulations are implemented in
Jefferson County through the Jefferson County Code (JCC) In section 18.25.
5. Mooring Buoys are regulated by provisions of Jefferson County Code found at
JCC18.25.380.
a. The ShoreDne Management Act found at RCW 90.58.590 grants counties
moratoria authority as an important aspect of complying with environmental
stewardship and protection requirements when implementing that legislation.
7. This state law provldes that local governments may adopt moratoria provided
that all lawfully existing uses, structures and other development shall continue to
be deemed lawful.
9. A moratorium may be-effective for up to six months if a detailed work plan is
prepared for remedyIng the Issues and clrcumstances necessitating the
moratorium. and may be renewed for two six month periods.
WHEREAS, Port Townsend Bay Is near the entrance to Admiralty inlet being part
of the Stralt of Juan de Fuca. an being marine waters of the State of Washington;
WHEREAS, this southern portion of Port Townsend Bay Includes areas locally
known as the Chlmacum Creek Beach Park, Lower Hadlock, Skunk Island, and
the Old Alcohol Plant;
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WHEREAS, these areas are In proximity to the IrondalelPort Hadlock Urban
Growth Area;
WHEREAS. until a sewer system Is Inslalled and available to serve the Urban
Growth Area,transitional zoning Is In place, which allows ruraJ commerclal and
rural resIcIentlal uses to take place;
WHEREAS, under the existing ShoreDne Master Program the area has a mixture
of shoreDne environmental designations including conservancy, urban, and
suburban;
WHEREAS, these shoraDne areas Include feeder bluffs and drifts ceUs such as
the Hadlock Bluffs that created depos!tlonal beaches and accretionary beaches
such as the Hadlock Lagoon and Chlmacum Creek Beach;
WHEREAS, this merIne water body Includes eel grass beds which accommodate
send lance and surf smelt, provide overwintering habitat for waterfowl and are
hosting coho selmon. cutthroat trout, and the endangered species of steelhead
trout and summer chum salmon;
WHEREAS, this southern area of Port Townsend Bay has a wooden boat school,
one commercial shelJlish bed, a mix of residentIaI development with docks,
bulkheads and mooring buoys, a public boat launch, a marina and has active use
by the budtlng pOOUe;
WHEREAS, there are competing Interests In this southern portion of Port
Townsend Bay between boaters, near shore residentlal uses, commercial uses
and shellflsh harvesting both recreationalJy and commercially:
WHEREAS, Washington State Department of Health Issued a news release on
June 1, 2011 indicating that the southern portion of Port Townsend Bay was
threatened with closure this year;
WHEREAS, the Washington state Dep...bhent of Health (DOH) Office of
Shel1fIsh and Water Protection Issued their annual growing area revlew report
stating that Port Townsend Bay meets water quality standards but Is threatened
with a downgrade In classification due to the amount of boating activity and
potential pollution associated with transient boat anchoring; .
WHEREAS, an Increase In the number of boats within the southern and westerly
portions of Port Townsend Bay, and particularly the area near Lower Hadlock
may adversely impact commercial and recreational shellfish harvestIng
operatlons;
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WHEREAS. a commercial shellfish closure has adverse economic Impacts on
local business;
WHEREAS, the Jefferson County Public Health Department will be monitoring
water quality In Port Townsend Bay through the Northeast Jefferson County
Clean Water Project beginning In 2012;
WHEREAS, Jefferson County Is near final adoption of their Shoreline Master
Program through the State Department of Ecology including provisions for
permitting and placement of mooring buoys;
WHEREAS, the new shoreline master program has provisions that are consistent
with the standards outlined In the National Shellfish Sanitation Progmrn (NSSP);
WHEREAS, Jefferson County Is In a partnership with state agencies and local
tribes SEieklng to create a management plan for the aforementioned portions of
Port Townsend Bay In order to prevent any adverse Impacts to commercial
shellfish harvesting and/or downgrading of the area by DOH;
WHEREAS, a bay management plan is one element of the work plan for the
stakeholders group;
WHEREAS, a bay management plan would examine the competing interests for
using the southem and westem portions of Port Townsend Bay and would
Include evaluation of mooring buoy placements;
WHEREAS, permitting additionel mooring buoys In the southem and westem
portions of Port Townsend Bay may exacerbate problems associated with over
use of the bay and lead to potential shellfish closures;
WHEREAS, It Is In the public Interest to protect commercial shellflsh harvesting In
Port Townsend Bay;
NOMf, THEREFORE, BE" ORDAINED by the Board of County Commissioners
of Jefferson County as follows:
SECTION 1. A moratorium is placed on submlttaJs of shoreline permit
applications to the Jefferson County Department of Community Development for
placement of mooring buoys In the southem portion of Port Townsend Bay (as
defined In the attaehed management pIan area map), except when: 1) the state
Department of Health notifies the Jefferson County Shorenne Admlnlstratorthat
movement or placement of a mooring buoy wouJd contribute to preventing or
lifting a sheRflsh harvesting closure; or 2) the Jefferson County Shoreline
AdmInlstrator determines that an application for the movement or placement of a
mooring buoy must be accepted aOO reviewed by Jefferson County In
furtherance of the planning being conducted during the development of the Port
Townsend Bay Management Plan.
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SECTION 2. Pursuant to the provisions of Ch. 90.58 RCW, the, Shorellne
Management Act, this moratorium does not affect any lawful mooring buoys in
place In the southem area of Port Townsend Bay (as deflnecl above) on or before
the date this Ordinance becomes effective.
SECTION 3. Severebl1lly.
If any provision of this ordinance or its appficatlon to any person or circumstance
Is held invalid. the remainder of the ordinance, or the appllcatlon of the provision
to other persons or circumstances Is not affected.
SECTION 4. The work plan and management plan area map are hereby
Incorporated by reference, see Attachments A and B.
SECTION S. Effective date.
this ordinance shaD take effect Immediately after passage and shaD remain
effective for six months or untiI repealed by the BOCC.
APPROVED AND ADOPTED this ~day of~ 2011
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Clerk of the Baard I 'Oe.(Jt4k.{
tfPROVED A TO FORM:
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David Alvarez, Dep~
Proliecut!ng Attorney
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PortTo...........d Bay
Work Plan
Issue: The Issue Is the threat of closure of shellflsb harvesting In the southern portion of Port Townsend Bay due
to the presence oftDD many vessels anchored Dr moored near commercial shellfish beds. Issue also Involves
concerns over presence of derelIct vessels and the use ofvessels by people Uving aboard.
Solution: COnsidering aD uses, develop a plan or strategy to manage vessels In a mannerthat wiD avoid future
closures ofcommerclal sheOflsh haMlsUnglnthesouthem portlDnofPortTownsend Bay.
Stmtegy: Through facIIItal:Ion by the Governor's Office of Regulatory AssIstance, undemke a coIlabol'lltlve
process with stakeholders, government agendas, tribal governments and Interest groups (see list below); engage
the publlcthroughout the dedslon-maklng process; and prepare a plan for Port Hadlock In partnership with
stakeholders that achieves the followJng:
a. Reduces the number and proxtmlty ofvessals In relationship to the commercial sheOflsh beds through
enfon:ement action to avoid shellfish harvest closures by Department of Health. This may Involve
removing mooring buoys and vessels not properly permitted or authlllized.
b.F_hlkltes a voluntary "No Ancllor Zone" In the southern portion of Port Townsend Bay, s1mDarto that In
place In Mystery Bay, to direct transient boaters away from commercial shellfish beds In order to prevent
emergency closures due to number of transient moorages.
c;. Ident1fIes a mooring area In a portion of the southern portlDn of Port Townsend BaV In the area
appropriate to authorize mooring buoys for use by reClcat!onal and/or commercial vessels
d. Identifies an appropriate area In the southern portion of Port Townsend Bay for transient moorage and
navigation.
e. Establishes a COmmunity MonJtorlngfEducatlon effort - Establish monitoring and reporting process to
malnta!n levels of use consistent with sheDflsh harvest regulations.
f. COnsider other factors and oib dtt:lJ!es necessary to address the Issue and achleve the desired slllutlon.
StalcehDlder list The foUowtng list identifies potential stakeholder, government agencles, tribal governments and
Interest groups. to invite to the collabol'lltlve process, other stakeholders may also be Included as necessary:
. GovemmentAgenc!es
o Jefferson COUnty
o Washington Department of Health
o Washington Department of Natural
Resources
o Washington DepartmentofF'lSh and
WOdDfe
o Jefferson County Marine Resources
COmmittee
o United States Army Corp of
Eng!neeJs
o United States Navy
o Port of Port Townsend
. Tribes
o JamestoWn S'kallam
o Port Gamble S'KalJam Tribe
o Lower E1whaKlaIlam Tribe
o Suquamlslh Tribe
. InterestGroups
o Port Hadlock Yacht Cub
o Port Hadlock Marlna
o Northwest School of Wooden
BoatbuIldlng
o Broder'sCam Farm
o Northwest Indian FIsherIes
COmmission
o Point No Point Treaty COundJ
o Megan McCrary
o Pacific Coast Shellfish Growers
AssocIatIon
o Friends' ofChlmacum Creek
o North Olympic Salmon CoaI1tIon
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o ResIdential owners
o Other
Gwa...phlc extent: The area of partlcular concern for commercial shellflsh closure Is Ihnlted to the tidelands
located west of Skunk Island and south of the Port of Port Townsend boat launch and dock. However. because the
strategy considers vessel uses In the general Port Hadlock vIc/nlty, the geographic extent proposed for the
management area Includes other areas In view of boating activltl2s and land. uses that may effect the
management plan (See Appendix B -map of management area).
Calendar of llVllIIt$:
N1lVflIIlber 7, 2011
Nov/Oec- 2011
AprI12012
May 2012
May 2012
June 2012
June 2012
July 2012
August 2012
August 2012
september 2012
September 2012
September 2012
MoratcrIum on mooring buoys placed by BOCC
Agencies begin enforcement efforts by tagging and/or notifying unauthorized
YllS5IlIs
Agencies conduct Inventory and gather Informatfon from the field on vessel use
0ffIte of Regulatory AssIstance establishes the Stakeholder group
1st Stakeholder's group meeting: review issue, solutfon and begin protesS
2"" Stakeholder group meeting: discuss details of strategy; form subrommlttee to
draft plan
lat SUb-commlttee meeting to develop draft II1BIIlIgBlIIen plan
ani Stakeholder meeting: Stakeholder's group mcdtJllll to review draft
II1BIIlIgBlIIen plan f1naDze and reIeese draft plan for public review (two weeks
before pubUc meeting)
FInal draft management plan prepared
Extend Moratorium for six additional month with updated Work Plan
Hold Public Meeting to solicit comments on the draft management plan
4ftl Stakeholder's group n.Eletlllg: discuss public comments Identify changes
2"; Subcommittee meetb,g to Incorporate changes to management plan
FInal draft oftha management plan Is released for public comment period.
Adopt Management Plan
End Moratorium
Agency action begins to Implement plan and achieve solutfon
FInal Stakeholder's group meeting: review and identify needs for follow up If any.
DOH public notice on the Port Townsend Bay growing area cIasslfIcatlon
Nov/Oec- 2011
Nov/Dec2011
January 2011
February 2012
March 2012
ApTU 2012
The remedy oftbe Issues and c:Jn;umstances:
The moratorlum{s) on mooring buoys would allow adequate time for Interested parties and the general pubUc to
be engaged In the dev8lopment and final adoption of a management plan. The moratorium period wDI allow for
field identification of eAl:htg activItl2s and uses, aDow a time period forvoluntary compliance and enforcement
as needed In paraUel with a program to gain public participation and Involvement In solving management Issues
identified In the management plan process.
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Appendix B
Management Plan Area Map
Within the southern portion Port Townsend Bay, those waters lying westerly of a line drawn between the
SE comer of parcel number 980-100-019 and the SE comer of parcel number 001-353-003.
Port Townsend Bay