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SDP2014-00011
JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT UNIFIED DEVELOPMENT CODE TYPE II LAND USE PERMIT SUBSTANTIAL DEVELOPMENT PERMIT WASHINGTON STATE SHORELINE MANAGEMENT ACT(RCW 90.58) PROPONENT: CAPE GEORGE COLONY CLUB 61 CAPE GEORGE DR PORT TOWNSEND WA 983689403 DATE ISSUED: January 12, 2015 DATE EXPIRES: January 12, 2020 MLA#:MLA14-00070 CASE NUMBER: SDP14-00011 PROJECT DESCRIPTION: The project involves a continuation of annual maintenance dredging of the marina entrance channel; dock repairs; raising the rock jetty to full height; dredging of shoaled areas in the basin; replacement of dock floats; repair of selected pilings and the creation of a sediment bypass basin. This applicant requires a Type II Shoreline Conditional Discretionary"C(d)" Use permit consistent with JCC 18.25.220. The project is deemed SEPA compliant under WAC 197-11-600, and has received permits and approvals from the U.S. Army Corps of Engineers, the Washington State Department of Fish &Wildlife, and the Department of Ecology. The proposal requires public notice but no public hearing except at the discretion of the UDC Administrator(JCC 18.40.520(2). On December 30, 2014 the UDC Administrator determined that the project would be processed as a Type II Conditional Administrative"C(a)" Use permit. PROJECT LOCATION: Parcel Number 002 123 003 in Section 12, Township 30, Range 02 West, WM, Located at 61 Cape George Dr, Port Townsend, WA 98368 WATERBODY AND/OR ASSOCIATED WETLANDS: DISCOVERY BAY SHORELINE OF STATE-WIDE SIGNIFICANCE: YES SHORELINE DESIGNATION: HIGH INTENSITY FINDINGS: 1.) The Administrator finds that this application complies with applicable provisions of the Unified Development Code, all other applicable ordinances and regulations, and is consistent with the Jefferson County Comprehensive Plan and Land Use map. 2.) See Staff Report dated December 31, 2014 for Findings of Fact, Conclusions and Recommendations. CONDITIONS: Development pursuant to this permit shall be undertaken subject to the applicable policies and performance standards of the Jefferson County Shoreline Management Master Program and the following conditions: 1.) 1. The site plan as submitted with the Shoreline Conditional Use Permit application on November 5, 2014 has been reviewed for consistency under the UDC, and has been approved by Jefferson County Department of Community Development. Any modifications, changes, and/or additions to the stamped, approved site plan dated December 31, 2014, or to activities or uses on-site shall be resubmitted for review and approval by Jefferson County Department of Community Development. 2. This approval is for annual dredging of the marina entrance and disposal of dredged material along the beach south of the marina entrance for a period of five years with the possible extension of one year based on reasonable factors (JCC 15.25.700(2)). 3. This permit approval is contingent upon final approval by the Department of Ecology(JCC 18.25.590(1)). Development pursuant to a shoreline substantial development permit, shoreline variance, or conditional use shall not begin and shall not be authorized until 21 days after the"date of filing" or until all review proceedings before the Shoreline Hearings Board have terminated. The"date of filing" for a shoreline conditional use permit shall mean the date the permit decision rendered by the Department of Ecology is transmitted by the Department of Ecology to the county and the applicant/proponent. 4. Approval for installation of an experimental sediment bypass basin is contingent upon approval from the U.S.Army Corps of Engineers and relevant State Agencies. The Applicant must provide those approvals to the Department of Community Development and receive written approval prior to proceeding with installation of the bypass basin. 5. The following proposed activities are determined to be exempt from shoreline permitting under JCC 18.25.560: raising the rock jetty to full original height; dock repairs; replacement of dock floats; repair of selected pilings, and replacement of existing timber pile seawall with sheet steel piling. This permit approval shall serve as the notice of decision for shoreline statements of exemption as required under JCC 18.25.750(2). The exempt activities listed here are allowed for a period of five years with the possible extension of one year based on reasonable factors(JCC 15.25.700(2)). 6. The Department of Community Development shall not be responsible for notifying the applicant of an impending expiration. NOTICE: This permit may be rescinded by Jefferson County or the Washington State Shorelines Hearings Board upon finding that the permittee has not complied with the conditions herein, pursuant to RCW 90.58.140(8). The permittee is liable for all damages to public and private property arising from violation of any provisions of the permit hereby granted, including the cost of restoring the affected area to its condition prior to violation and possible court costs that may ensue from violation, pursuant to RCW 90.58.230. Construction pursuant to this permit will not begin nor is it authorized until twenty-one(21)days from the date of filing as defined in WAC 173-27-130 or until all review proceedings initiated within twenty-one days from the date of such filing have terminated, except as provided in RCW 90.58.140(5a-c). 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D EC 3 1 2014 ,.. 2,-,200400887 -,--:-.George Colony.Inc w6PloartCsiaTeoPemwgnGtpreseeonrgd9,8368 Jefferson County - ose d entrance 10) trance channel dredging i I 1-2.. ,..,, 7...,.::::::.:maintenance Sheet 1 of 4 fSIGDEPT.NATUREZ.4°W4UNIEFFERSONTYCODEUNVTTEWPMDIT _ . _ _ _ _ \\ ,\\4 -.,: ,\ s \ \ \\„\\ ,\\\ - ..„ \ C)PEGER A E r. ERB# ME &NXEO TOP Of GRADE i / .. j MAR r•r•`./ ` / ( - MESY$TES •,.a: PILE WALL .rrso'. / �� ) ------\ \ tr \o _ . \ (/ b\\ l' \ f / 445 /;,,, 11!"(\\\\\ 411111N \ dry 4 fr I, I 1 (1 ,,t / "10 ii ::: . 74- \ \\\ \ � /yi/---041LI,, V 4".(1..± \\,\, \: \ , , \\\ \ \\\\\\ I N. i 1 1 \ \ \ ` \ �. � \ / \\ \ G SOfD \ \ \ \ _.__\ \ \ ---\ \\\ \\ \ \ \ \ \ ENTRANCE TO CAPE _GEORGE COLONY MARINA SCALE= 1:40 f Reference: , Applicant: Cape George Colony 1 a Club t 0 .,.: Proposed: Sheet Pile Walls 'l'T t 3?Y la 4 Y lief+ a 1 ')I '"It i At: Cape George 3 Sheet 2 oft , Dote: 10-04-12 David W. Johnson From: David W. Johnson Sent: Monday, January 12, 2015 9:54 AM To: Mraz, Richard A. (ECY) Cc: David W. Johnson Subject: Cape George Marina Conditional Use Permit Attachments: MLA14-00070 Cape George Marina.pdf Rick, Attached permit for marina dredging and maintenance. David Wayne Johnson-LEED AP- Neighborhood Development Associate Planner- Port Ludlow Lead Planner Department of Community Development Jefferson County 360.379.4465 LEED AP ND Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. `,A SAVE PAPER - Please do not print this e-mail unless absolutely necessary All e-mail may be considered subject to the Public Records Act and as such may be disclosed to a third-party requestor. Jefferson County Department of Communey Denretoprnent ` ARE Setter BukitilOg Starts Here.. a t sta ft.4*W t 1 David W. Johnson From: David W. Johnson Sent: Monday, January 12, 2015 9:45 AM To: Cape George Manager; Gary Rossow Cc: David W. Johnson Subject: MLA14-00070 Approval Attachments: Cape George Marina Dredging and Maintenance MLA14-00070.pdf Marina Dredging and Maintenance Approval Attached. David Wayne Johnson- LEED AP- Neighborhood Development Associate Planner- Port Ludlow Lead Planner Department of Community Development Jefferson County 360.379.4465 LEED AP ND Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. ip-A SAVE PAPER - Please do not print this e-mail unless absolutely necessary All e-mail may be considered subject to the Public Records Act and as such may be disclosed to a third party requestor. Jefferson County Department of mmun ty Development S ARE :. Setter Seeding Slane Here, $fl St,Veti ta4,110604 e+t t 04 a*rasci m «o 1 ON JEFFERSON COUNTY " DEPARTMENT OF COMMUNITY DEVELOPMENT 'rr1 N,� 621 Sheridan Street, Port Townsend,WA 98368 I Web:www.co.iefferson.wa.us/communitvdevelopment Tel:360.379,4450 I Fax:360.379.4451 I Email:dcd a(�.co.jefferson.wa.us SquareONE Resource Center I Building Permits&Inspections I Development Review I Long Range Planning January 12, 2015 CAPE GEORGE COLONY CLUB 61 CAPE GEORGE DR PORT TOWNSEND WA 983689403 Re: MLA#MLA14-00070 Case#SDP14-00011 Your Shoreline Substantial Development Permit was approved by the Jefferson County Hearing Examiner on November 26, 2014. Conditional Use Permits and Variance Permits are issued by the Washington State Department of Ecology (DOE). They may take up to thirty (30) days to review the permit before issuing a decision to approve or deny the permit. Construction pursuant to this permit may not begin, nor is it authorized, until twenty-one (21) days from the date of filing with DOE as defined in RCW 90.58.140(5)(6) and WAC 173-14-090, or until all review proceedings initiated within twenty-one days from the date of such filing have terminated, except as provided in RCW 90.58.140(5a-c). You will receive notification from DOE of the filing date and the date construction may begin. If you have any questions, please contact the Department of Community Development at (360) 379-4450 or Rick Mraz, Jefferson County's regional contact at DOE, at(360)407-6521. Sincerely, David Wayne Johnson Department of Community Development Staff JEFFERSON COUNTY DEPARTMENT OF COMMUNITY `' DEVELOPMENT N, •` 621 Sheridan Street,Port Townsend,WA 98368 I Web:www.co.1efferson.wa.us/communitvdevelopment Tel: 360.379.4450 I Fax:360.379.4451 I Email:dcd @co.jefferson.wa.us SquareONE Resource Center I Building Permits&Inspections I Development Review I Long Range Planning January 12, 2015 Permit Coordinator Washington Department of Ecology, Shorelands PO Box 47775 Olympia, WA 98504-7775 Dear Permit Coordinator: SUBJECT: SHORELINE SDP PERMIT MATERIALS ENCLOSED. MLA#: MLA14-00070 CASE#: SDP14-00011 Enclosed are documents in reference to the subject permit. A check next to a document in the list below indicates that it is included in the packet. S oreline Management Act Permit Data Sheet and Transmittal Letter. frSDP and/or other permit(s) issued by Jefferson County. Date: SDP and/or other permit denial(s). Date: _Jiearing Examiner Findings, Conclusions and Final Decision. Date: Staff Report to Hearing Examiner or Shoreline Administrator. Date: SEPA final threshold determination. Date: _ _rzgPA staff memorandum to Responsible Official. Date: DFW Hydraulic Project Approval. Date: L/Other permits/approvals from other agencies or Jefferson County: base Log Sheet. JARPA. _Plan view. _Cross-sectional. _ Other plan/design: _Site map. Other: Please contact the Project Planner via telephone or email to confirm receipt of these materials or if you have any questions or require additional information. Sincerely, David Wayne Johnson Project Planner c: File Office of the Attorney General Shoreline Management Act Permit Data Sheet and Transmittal Letter From: Jefferson County To: Permit Coordinator Department of Community Development Washington Department of Ecology, Shorelands 621 Sheridan Street PO Box 47775 Port Townsend, WA 98368 Olympia, WA 98504-7775 Date of Transmittal: January 12, 2015 Date of Receipt: Type of Permit: CONDITIONAL MLA#: ML -00070 Case#: SDP14-00011 Local Government Decision: Approval Approval_ Denial_ Applicant: Representative: CAPE GEORGE COLONY CLUB 61 CAPE GEORGE DR PORT TOWNSEND WA 983689403 (360) 385-1177 Is the applicant the property owner? Location of Property: Parcel Number 002 123 003 in Section 12, Township 30, Range 02 West, WM, Located at 61 Cape George Dr, Port Townsend, WA 98368 Waterbody Name: DISCOVERY BAY Shoreline of Statewide Significance: Y Environment Designation: High Intensity Description of the Project: The project involves a continuation of annual maintenance dredging of the marina entrance channel; dock repairs; raising the rock jetty to full height; dredging of shoaled areas in the basin; replacement of dock floats; repair of selected pilings and the creation of a sediment bypass basin. This applicant requires a Type II Shoreline Conditional Discretionary C(d) Use permit consistent with JCC 18.25.220. The project is deemed SEPA compliant under WAC 197-11-600, and has received permits and approvals from the U.S. Army Corps of Engineers, the Washington State Department of Fish &Wildlife, and the Department of Ecology. The proposal requires public notice but no public hearing except at the discretion of the UDC Administrator(JCC 18.40.520(2). On December 30, 2014 the UDC Administrator determined that the project would be processed as a Type II Conditional Administrative"C(a)" Use permit. Notice of Application Date: Final Decision Date: January 12, 2015 4S ON ca JEFFERSON COUNTY ti4# . DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street I Port Townsend,WA 98368 I Web:www.co.jefferson.wa.us/communitydevelopment sNlNo� Tel:360.379.4450 I Fax:360.379.4451 (Email:dcd(Dco.lefferson.wa.us Building Permits&Inspections I Development Consistency Review I Long Range Planning( Watershed Stewardship Resource Center STAFF REPORT TO JEFFERSON COUNTY UDC ADMINISTRATOR RE: Administrative Conditional Use ) PROPOSED FINDINGS File No: MLA14-00070—SDP14-00011 ) CONCLUSIONS,AND Applicants: Cape George Colony Club Marina ) RECOMMENDATIONS SUMMARY OF APPLICATION AND RECOMMENDATION: Application: The project involves a continuation of annual maintenance dredging of the marina entrance channel; dock repairs; raising the rock jetty to full original height; dredging of shoaled areas in the basin; replacement of dock floats; repair and replacement of seawall and selected pilings and the creation of a sediment bypass basin. This application requires a Type II Shoreline Conditional Discretionary "C(d)" Use permit consistent with JCC 18.25.220. The project is deemed SEPA compliant under WAC 197-11- 600, and has received permits and approvals from the U.S. Army Corps of Engineers, the Washington State Department of Fish & Wildlife, and the Department of Ecology. The proposal requires public notice but no public hearing except at the discretion of the UDC Administrator (JCC 18.40.520(2). On December 29, 2014 the UDC Administrator determined that the project would be processed as a Type II Conditional Administrative"C(a)"Use permit. Recommendation: Approval with Conditions Project Planner: David Wayne Johnson,Associate Planner BACKGROUND INFORMATION: Property Owners/Applicant: Cape George Colony Club Art Burke,Manager 61 Cape George Drive Port Townsend, WA 98368 Location: The subject property is located on the Eastern shore of Discovery Bay on the Quimper Peninsula, East Jefferson County, Washington State via Cape George Road by way of Discovery Road and State Route 20. An address of 312 Marina Drive has been assigned to the subject parcel. Legal Description: Parcel Number 002 123 003 in Section 12, Township 30, Range 02 West, WM, Located at 312 Marina Drive,Port Townsend,WA 98368 SDP 14-00011 Cape George Marina Maintenance Conditional"C(a)"Use Permit Application 1/12/2015 Page 2 of 8 Site Conditions: The subject parcel encompasses approximately 7.7 acres on the eastern shoreline at the entrance to Discovery Bay. The site is flat along the shoreline except for the steep slope inland that includes 150 feet of the eastern portion of the parcel and is currently occupied by a small (70 slips) private marina with clubhouse and parking area. There is a rock wall/jetty which fronts the bay and breaks water with a channel entrance to allow marine vessels to access the protected slips. The flat area surrounding the marina and clubhouse are vegetated by lawn and non-native landscaping, while the steep slope is naturally vegetated with native plants. Comprehensive Plan Designation: The Jefferson County Comprehensive Plan designates the Subject property and surrounding properties as Rural Residential 1:5 (RR1:5). The purpose of this district is to allow for continued residential development in areas of Jefferson County consisting of relatively high density pre-existing patterns of development, along the county's coastal areas, and within areas within or adjacent to rural centers and rural crossroads. In addition,this district seeks to support and foster Jefferson County's existing rural residential landscape and character by restricting new land divisions to a base density of one unit per five acres. Shoreline Master Program Designation: The subject parcel and shoreline are designated High Intensity and Aquatic under The Shoreline Master Program JCC 18.25. The purpose of the high intensity designation ensures continued use of shorelines that are either presently used for commercial, industrial, or other high intensity nonresidential purposes or provide future economic development or recreational opportunities at a higher scale and intensity than can be achieved in more ecologically sensitive areas. The high intensity designation is assigned to shorelines landward of the ordinary high water mark if they do not meet the criteria for the natural, conservancy or shoreline residential environments if any of the following characteristics apply: (A)The shoreline is within an urban growth area(UGA), rural commercial area,or rural industrial area and is suitable for high intensity uses; or (B)The shoreline is currently used for industrial, commercial or other high intensity nonresidential uses and is suitable for ongoing high intensity use. [Ord. 7-13 Exh. A(Art. IV § 2)] The aquatic designation protects, manages, and, where feasible, restores lake, stream, and marine waters and their underlying bedlands that are not designated as priority aquatic. The aquatic designation is assigned to shoreline areas waterward of the ordinary high water mark if the area does not meet the criteria for the priority aquatic designation. DATE OF APPLICATION: A Conditional Discretionary Use Permit Application (ZON14-00017) was November 5, 2014 and determined substantially complete November 20, 2014. submitted o , Y p STATE ENVIRONMENTAL POLICY ACT(SEPA): This proposal is deemed SEPA compliant under 197-11-600 Existing Environmental Documents submitted at time of permit application from the U.S. Army Corps of Engineers, Washington Department of Fish & Wildlife, Washington State Department of Ecology, Washington Department of Natural Resources, the Environmental Protection Agency and the National Marine Fisheries Service. JEFFERSON COUNTY DEVELOPMENT APPROVALS AND PERMITS REQUIRED: • Jefferson County Unified Development Code, Shoreline Master Program JCC 18.25, Shoreline Conditional Discretionary"C(d)"Use Permit SDP 14-00011 Cape George Marina Maintenance Conditional"C(a)"Use Permit Application 1/12/2015 Page 3 of 8 APPLICABLE JEFFERSON COUNTY ORDINANCES: • Jefferson County Unified Development Code, adopted December 18, 2000, and effective January 16, 2001, as amended • Jefferson County Shoreline Master Program, JCC 18.25,effective February 21, 2014 • Jefferson County Comprehensive Plan,adopted August 28, 1998, as amended NOTICE REQUIREMENTS: Public Notice was published in the Port Townsend-Jefferson County Leader newspaper: • Notice of Type II Application: November 26, 2014. Notice was posted on the property by the Staff • November 26,2014. The applicant, the owner of subject property and property owners within 300 feet were notified by mail: • Notice of Type II Application: mailed November 25, 2014. COMMENT: Public Response: No written comments were received from adjacent property owners, or general public. Agency Response: No agency written comments were received. PROPOSED FINDINGS AND CONCLUSIONS: This section constitutes staff's findings and conclusions regarding the applicant's consistency with the Jefferson County Comprehensive Plan and the Jefferson County Unified Development Code. 1. The subject parcel is 002 123 003 in Section 12, Township 30, Range 02 West, WM, Located at 61 Cape George Dr,Port Townsend, WA 98368 2. The current property owner is Cape George Colony Club. 3. The site is zoned Rural Residential 1:5. 4. Shoreline Designations are Aquatic and High Intensity. 5. The site is currently a private small(70 slip)marina and clubhouse. 6. The project includes the following maintenance activities: dredging of the marina entrance channel; dock repairs; raising the rock jetty to full original height; dredging of shoaled areas in the basin; replacement of dock floats; repair and replacement of seawall and selected pilings and the creation of a sediment bypass basin. 7. A pre-application conference was held on October 21,2014. 8. The pre-application conference determined that a Type II Conditional Discretionary "C(d)" Use permit would be required to dispose of dredging material under Table SDP14-00011 Cape George Marina Maintenance Conditional"C(a)"Use Permit Application 1/12/2015 Page 4 of 8 18.25.220 — Permitted, Conditional and Prohibited Uses by Shoreline Environment Designation. 9. This proposal is an application for a Type II Conditional Discretionary Use Permit (MLA14-00042/ZON14-00017) to perform routine maintenance, dredge and disposal of dredge material and create a sediment bypass basin within the marina, was submitted on November 5,2014 and the application deemed complete on November 20, 2014. 10. The proposed activities were originally applied for as a shoreline exemption on May 27, 2014. The applicant was subsuyently informed that due to a new Shoreline Master Program that took effect on February 21, 2014, some of the listed activities could no longer be permitted exclusively as a shoreline exemption. 11. A JARPA signed and dated October 27, 2012 was received at time of shoreline exemption application on May 27, 2014. 12. A Dredged Material Management Program determination dated July 8, 2013 and signed by U.S. Army Corps of Engineers, Washington State Department of Ecology, Washington Department of Natural Resources, and the Environmental Protection Agency was submitted with the permit application. This document concluded that the likely contamination of the material removed from the marina as a result of the dredging operations was very low, and that the placement of that material could occur on the beach south of the marina entrance without further testing. 13. A Consultation letter dated May 28, 2013 to the U.S. Army Corps of Engineers by the National Marine Fisheries Service was submitted with the permit application. This document concluded that the proposed action is not likely to adversely affect species listed as threatened or endangered or critical habitats designated under the Endangered Species Act. 14. U.S. Army Corps permit NWS-2013-108 dated June 6, 2014 was submitted with the permit application. This permit is for approval of the annual dredging operations and disposal of dredged material along the beach south of the marina entrance channel. 15. Washington Department of Fish & Wildlife Hydraulic Project Approval #129023-1 issued January 29, 2013 was submitted with the permit application. This project approval is for the annual dredging of the entrance channel, repair and/or replacement of utilities, floats and piling, and reinforcement of marina entrance with sheet pile in front of existing pole bulkhead. 16. Department of Ecology Water Quality Certification dated February 10, 2014 was submitted with the permit application. This document certified that the proposed dredging will comply with the Clean Water Act. 17. U.S. Army Corps letter dated June 27, 2013 regarding Certificate of Compliance with Department of the Army Permit was submitted with the permit application. This document confirms approval to conduct maintenance operations on the existing seawall, floats and piles. SDP 14-00011 Cape George Marina Maintenance Conditional"C(a)"Use Permit Application 1/12/2015 Page 5 of 8 18. As part of the Conditional Discretionary Use permit process under JCC 18.40.520, the UDC Administrator determined on December 29, 2014 that the proposal shall be processed as a Conditional Administrative"C(a)"Use permit. 19. Staff conducted a site visit on November 26,2014. 20. No building or other permits are required or anticipated as part of this project. 21. No water or septic related review is required. 22. The following proposed activities are determined to be exempt from shoreline permitting under JCC 18.25.560: raising the rock jetty to full original height; dock repairs; replacement of dock floats; repair of selected pilings, and replacement of existing timber pile seawall with sheet steel piling. 23. The following proposed activities shall comply with the Conditional Use Criteria under JCC 18.25.590: dredging of the marina entrance channel; dredging of shoaled areas in the basin; and creation of a sediment bypass basin. 24. Jefferson County Comprehensive Plan: The proposal is subject to the goals and policies of the Jefferson County Comprehensive Plan. The following Plan goals and policies apply to the proposal: Environmental Element Goals&Policies: ENG 4.0 Preserve the long-term benefits of shoreline resources. ENG 5.0 Allow development along the shorelines which is compatible with the protection of natural processes, natural conditions, and natural features of the shoreline environment. ENP 5.1 Regulate shoreline land use activities based on the best available scientific information. ENP 5.2 Protect nearby properties and the shoreline environment from the individual or cumulative effects of development that may interfere with the functions of sediment transport systems along the shoreline. 25. Jefferson County Unified Development Code: The proposal is subject to review to determine consistency with the Jefferson County Unified Development Code. JCC 18.25.590(2)-Approval Criteria for All Conditional Uses is discussed below. (a) The proposed use will be consistent with the policies of RCW 90.58.020. Applicant's Statement: That provisions fundamental goal is for coordinated federal, state and local governments to prevent harm to development of the state's shorelines. It also establishes priorities that include access for shoreline recreational uses including marinas. Cape George has an existing marina that has been in use and continuously maintained for the past 50+years.The majority of the work is for basic maintenance of infrastructure including docks, floats,pilings as well as periodic dredging of the entrance channel and SDPI4-00011 Cape George Marina Maintenance Conditional"C(a)"Use Permit Application 1/12/2015 Page 6 of 8 the basin plus rock fill on the jetty and a sediment bypass to reduce the need for dredging. These processes have been fully vetted for any impacts on the ecology of the shoreline by the coordinated efforts of the State Dept. of Ecology, The State Dept. of Fish and Wildlife, The National Marine Fisheries, The US Fish and Wildlife Service and the Army Corp of Engineers. Permits have been issued and are in effect from all the permitting agencies listed above. Staff Comment: Staff agrees with the applicant's statement. The proposal is consistent with this criterion. (b) The proposed use will not interfere with normal public use of public shorelines. Applicant's Statement: The Cape George Colony Club is a privately owned community. The Club owns the shoreline, including the tidelands, so this provision does not apply Staff Comment: Staff agrees with the applicant's statement. The proposal is consistent with this criterion. (c) The proposed use of the site and design of the project will be compatible with other permitted uses within the area. Applicant's Statement: Recreational use of the shoreline is permitted throughout the area, except for Protection Island. Staff Comment: The permit is to allow dredging and disposal of dredging material from an existing legally permitted marina as part of a private residential community, and is compatible with, and will not interfere with activities or similar uses in the area. The proposal is consistent with this criterion. (d) The proposed use will not cause adverse effects to the shoreline environment in which it is to be located. Applicant's Statement: As noted in a)the responsible environmental agencies found no adverse effects are likely and a mitigation plan is in effect to add native plants to the shoreline Staff Comment: Staff agrees with the applicant's statement. All necessary environmental analysis and approvals have been conducted and obtained, indicting the absence of any adverse effects to the shoreline environment. The proposal is consistent with this criterion. (e) The public interest suffers no substantial detrimental effect. Applicant's Statement: In addition to the factors noted in(a)and(d)the public interest is actually served by the fact that the material from the periodic dredging is being placed back on the beach where the littoral drift nourishes the downstream shorelines of Discovery Bay in a natural way. Staff Comment: Staff agrees with the applicant's statement. No substantial detrimental effect is known nor anticipated. The proposal is consistent with this criterion. (3) In the granting of all conditional use permits, consideration shall be given to the cumulative environmental impact of additional requests for like actions in the area. For example, if conditional use permits were granted for other developments in the area where similar circumstances exist, the sum of the conditional uses and their impacts should also remain consistent with the policies of RCW 90.58.020 and should not produce a significant adverse effect to the shoreline ecological functions and processes or other users. SDP 14-00011 Cape George Marina Maintenance Conditional"C(a)"Use Permit Application 1/12/2015 Page 7 of 8 Staff Comment: This permit approval is necessary due to the man-made alteration of the shoreline with construction of a seawall to protect boats within the marina, and the natural sedimentary processes between the shoreline bluffs and marina waters that are interfered with by the marina development. Without the requested action the sediment from the bluffs would eventually block the marina entrance, prevent the use of the marina for its intended purpose and prevent that natural sedimentary dispersion of material within the drift cell. It is evident that the marina was constructed at a time when these kinds of natural processes were not known, considered or regulated to protect. Additional requests for like actions would require a design that would prevent the accumulation of sediment and provide for the free and unencumbered flow of sediment as it was intended(no net loss). Thus,the cumulative impact of like maintenance activities in the area would not have an adverse impact on the environment. 26. Applicable Relevant Shoreline Master Program code sections include: JCC 18.25.360 Dredging—policies(1)(a)(i); (b);(c);(d); (e)&(f). Staff Comment: The proposal complies with the policies listed above. JCC 18.25.360 Dredging—Shoreline Environment Regulations—(2)(b)Aquatic; (f)High Density. Staff Comment: The proposal complies with the regulations listed above. JCC 18.25.360 Dredging—Regulations-Dredging—(3)(b); (c)(i)(v)(viii)&(e)(ii)(iv)(vii) Staff Comment: The proposal complies with the regulations listed above. JCC 18.25.360 Dredging—Regulations—Dredge Disposal—(4)(a); (b); (c)(iii)& (e)(i)(ii)(iii) Staff Comment: The proposal complies with the regulations listed above. JCC 18.25.370 Filling and Excavation—Policies—(1)(b)&(c) Staff Comment: The proposal complies with the policies listed above. JCC 18.25.370 Filling and Excavation—Shoreline Environmental Regulations—(2)(f)High Intensity. Staff Comment: The proposal complies with the regulations listed above. JCC 18.25.370 Filling and Excavation—Regulations—(3)(a); (c)(i)(ii)(iii); (d); (g) Staff Comment: The proposal complies with the regulations listed above. The County has determined that issues related to excavation and fill are adequately addressed via Federal and State regulatory review processes and permitting. SDP 14-00011 Cape George Marina Maintenance Conditional"C(a)"Use Permit Application 1/12/2015 Page 8 of 8 STAFF RECOMMENDATION: Based on the preceding findings and conclusions, staff recommends finding that the proposal is consistent with the applicable codes,programs, policies and regulations and that it meets the Conditional Use Permit criteria under JCC 18.25.590. Approval of the Shoreline Conditional Administrative "C(a)" Use Permit should be granted subject to the following conditions. CONDITIONS 1. The site plan as submitted with the Shoreline Conditional Use Permit application on November 5, 2014 has been reviewed for consistency under the UDC, and has been approved by Jefferson County Department of Community Development. Any modifications, changes, and/or additions to the stamped, approved site plan dated December 31, 2014, or to activities or uses on-site shall be resubmitted for review and approval by Jefferson County Department of Community Development. 2. This approval is for annual dredging of the marina entrance and disposal of dredged material along the beach south of the marina entrance for a period of five years with the possible extension of one year based on reasonable factors(JCC 15.25.700(2)). 3. This permit approval is contingent upon final approval by the Department of Ecology (JCC 18.25.590(1)). Development pursuant to a shoreline substantial development permit, shoreline variance, or conditional use shall not begin and shall not be authorized until 21 days after the "date of filing" or until all review proceedings before the Shoreline Hearings Board have terminated. The "date of filing" for a shoreline conditional use permit shall mean the date the permit decision rendered by the Department of Ecology is transmitted by the Department of Ecology to the county and the applicant/proponent. 4. Approval for installation of an experimental sediment bypass basin is contingent upon approval from the U.S. Army Corps of Engineers and relevant State Agencies. The Applicant must provide those approvals to the Department of Community Development and receive written approval prior to proceeding with installation of the bypass basin. 5. The following proposed activities are determined to be exempt from shoreline permitting under JCC 18.25.560: raising the rock jetty to full original height; dock repairs; replacement of dock floats; repair of selected pilings, and replacement of existing timber pile seawall with sheet steel piling. This permit approval shall serve as the notice of decision for shoreline statements of exemption as required under JCC 18.25.750(2). The exempt activities listed here are allowed for a period of five years with the possible extension of one year based on reasonable factors(JCC 15.25.700(2)). 6. The Department of Community Development shall not be responsible for notifying the applicant of an impending expiration. Prepared by David Wayne Johnson, Associate Planner, dated December 31, 2014 Jefferson County Code 18.25.350 (c) Where marinas are permitted they shall water-dependent portions of the marina facility. be designed,constructed and operated according to Such fill activities shall conform to JCC 18.25.370 the following: (Filling and excavation) and this section. Filling (i) Open pile or floating breakwater solely for the creation of marina parking areas shall designs shall be used unless the proponent demon- be prohibited. strates that there are specific safety considerations (xi) If new or expanded manna facilities that warrant alternative approaches or unless rip- adversely affect net shoreline drift or other coastal rap or other solid construction is shown to have processes to the detriment of nearby beaches or fewer impacts on shoreline ecology over the short habitats,the county may require the marina opera- and long term. tor to replenish the substrate in these areas period- (ii) Shoreline armoring shall be limited ically or take other measures to offset adverse to the minimum necessary to protect marina infra- impacts. structure and shall consist of softshore bio-stabili- (d) New or expanded development appurte- zation unless such stabilization is demonstrated by nant to marinas shall be designed and constructed a geotechnical analysis to be infeasible or inade- to avoid and,where avoidance is not possible,min- quate to protect the site. imize impacts on shoreline functions and pro- (iii) Floating structures shall be designed cesses. Facilities shall be clustered and located in to prevent grounding on tidelands.Floats shall only the least environmentally damaging portion of the be used where there is sufficient water depth to pre- site to reduce clearing and grading impacts. vent grounding at low tide.The county may require (e) To meet the regulations in subsection the use=of stoppers or other measures to ensure (7)(d)of this sections the following standards shall compliance with this standard. apply to new or expanded development appurte- (iv) Piers and other structures shall be nant to marinas: located,sized and designed to minimize shading of (i) Accessory uses at marinas shall be nearshore aquatic habitats and species. limited to water-oriented uses and uses that provide (v) Solid structures shall be designed to physical or visual shoreline access for substantial provide fish passage through and along the shallow numbers of the general public.Accessory develop- water fringe. ment includes,but is not limited to,parking, open (vi) Floating piers shall be required in air storage,waste storage and treatment, stormwa- rivers unless the proponent can demonstrate that ter management facilities,utility and upland trans- fixed piers will cause substantially less impact on portation development. geo-hydraulic processes. (ii) Water-oriented accessory uses rea- (vii) Marinas shall be sited to prevent sonably related to marina operation maybe located restrictions in the use of commercial and recre- over water or near the water's edge by conditional ational shellfish beds and in compliance with use permit if an overwater or water's-edge location Washington Depai tuient of Health guidelines and is essential to the operation of the use and if oppor- National Shellfish Sanitation Program (NSSP) tunities are provided for substantial numbers of standards. people to access the shoreline. (viii) Marina development shall gener- (iii) Parking shall be located away from ally be required to include public access amenities. the water's edge and landward of shoreline buffers Consistent with JCC 18.25.290 (Public access), prescribed by this program unless no feasible alter- public access siting and design shall be determined native location exists. based on what is appropriate to a given location (iv) Parking areas shall meet county and the needs/desires of the surrounding commu- stormwater management standards and shall, nity.Public access shall be designed to be environ- where feasible, incorporate low impact develop- mentally sound, aesthetically compatible with ment practices such as pervious surfaces and adjacent uses,and safe for users. bioswales. (ix) Live-aboard vessels may occupy up (v) Dry moorage and other storage areas to 20 percent of the slips at a marina.Marinas that shall be landscaped with native vegetation to pro- accommodate live-aboards shall provide and main- vide a visual and noise buffer for adjoining uses. taro adequate facilities and programs to address (vi) Pump-out, holding, and/or waste waste disposal and sanitary disposal. treatment facilities and services shall be provided (x) New or expanded marina develop- at all marinas. Pump-out facilities shall be conve- ment may include fill waterward of the ordinary niently located and sited to ensure easy access,pre- high water mark only when necessary for the vent lengthy queues and allow full compliance 18-168.5 (Revised 3/14) 18.25350 with waste disposal regulations. Vessel-mounted (8) Regulations—Mooring Buoys. pump-out services and hard-plumbed stations at (a) Commercial or recreational mooring each slip shall be preferred over portable pump-out buoys may be perinitted; provided, that they are equipment. consistent with this program and that individually (vii) Marinas shall provide adequate or cumulatively: restroom and sewage disposal facilities in compli- (i) They do not impede the ability of ance with applicable health regulations.Restrooms other landowners to access private property;and shall be available 24 hours a day for use by any (ii) They do not pose a hazard to or patron of the marina facility; the need for obstruct navigation or fishing;and restrooms shall be determined based on the number (iii) They do not contribute to water of slips and percentage of live-aboard vessels quality or habitat degradation; and within the marina. (iv) They do not pose a threat to a corn- (viii) Garbage and recycling receptacles mercial shellfish growing area classification or shall be provided and maintained by the marina reduce the ability to upgrade the classification. operator at several locations convenient to users. (b) The installation and use of mooring (ix) Marina operators shall post all regu- buoys (including commercial and recreational lations pertaining to handling and disposal of buoys)in marine waters shall be consistent with all waste, sewage, fuel, and oil or toxic materials applicable state laws, including Chapter 246-282 where all users may easily read them. WAC, the current National Shellfish Sanitation (x) Boat washing facilities shall be pro- Program (NSSP) standards, and other State vided to minimize transfer of invasive aquatic spe- Departments of Fish and Wildlife, Health, and/or cies between water bodies. Natural Resources standards. (f) When reviewing proposals for new or (c) Private recreational mooring buoys on expanded marina facilities,the county shall require state-owned aquatic lands shall not be used for res- the proponent to prepare and implement appropri- idential (living on the boat) or commercial pur- ate technical studies and plans that are not already poses. required via another regulatory review process. (d) Mooring buoys shall be located to: Examples of studies and plans that may be required (i) Avoid eelgrass beds and other valu- include,but are not limited to: able aquatic and nearshore habitat areas;and (i) A maintenance plan for maintaining (ii) Prevent obstruction to navigation. pump-out and waste/sewage disposal facilities and (e) Mooring buoys shall use neutral buoy- services. ancy rope,mid-line float,helical anchors,or other (ii) A spill response plan for oil and other state-approved designs that have minimal adverse spilled products. Compliance with federal or state effects on aquatic ecosystem and fish. law may fulfill this requirement. (f) Mooring buoys shall not be allowed on (iii) An operational plan that, at a mini- lake shorelines of the state. mum, describes procedures for fuel handling and (g) Mooring buoys shall be clearly marked storage; measures, including signage, for inform- and labeled with the owner's name and contact ing marina users of applicable regulations; mea- information and permit number(s). sures for collecting garbage and recyclables; (h) The county shall plan for and coordinate measures and equipment for ensuring public with other agencies to control the placement and safety. number of mooring buoys within bays and other (iv) A visual assessment of views from areas to protect water quality and/or habitat and surrounding residential properties, public view- ensure that transit channels are maintained. Under points,and the view of the shoreline from the water no circumstances shall mooring buoy density surface. exceed State Depai tinent of Health guidelines and (v) An assessment of existing water- National Shellfish Sanitation Program (NSSP) dependent uses in the vicinity including but not standards. limited to,navigation,fishing,shellfish production (i) The capacity of each mooring buoy may and harvest, swimming, beach walking, and pic- not exceed one boat and its appurtenant shore nicking and shall document potential impacts and access craft.[Ord.7-13 Exh.A(Art.VII§ 2)] mitigating measures. The county shall evaluate impacts on these resources and impose specific conditions to mitigate impacts as necessary. (Revised 3/14) 18-168.6 Jefferson County Code 18.25.360 18.25.360 Dredging. may be permitted as an essential element of an (1) Policies. approved shoreline restoration project/program. (a) Dredging, as defined in Article II of this (d) Conservancy.Dredging and dredge dis- chapter, and disposal of dredge material should posal may be permitted subject to a conditional use only be allowed when alternatives are infeasible permit. and when the dredging/dredge disposal is: (e) Shoreline Residential. Dredging and (i) Necessary to support an existing legal dredge disposal may be permitted subject to a con- use or a proposed water-dependent use or essential ditional use permit. public infrastructure/facility; or (f) High Intensity.Dredging may be permit- (ii) Part of a clean-up program required ted subject to the policies and regulations of this under the Model Toxics Control Act or Compre- program. Dredge disposal may be allowed with a hensive Environmental Response, Compensation, conditional use permit. and Liability Act; or (3) Regulations—Dredging_ (iii) Part of an approved ecological resto- (a) Proponents of new development shall ration or enhancement project; or locate and design such development to avoid or, if (iv) Part of an approved beach nourish- avoidance is not possible,to minimize the need for ment project;or new dredging and maintenance dredging. (v) Required to provide public access for (b) The county may permit dredging only when the project proponent demonstrates the activ- (vi)substantial number of people;or P J P P vi Required to provide water-oriented ity is consistent with this program and that there are r:_a substantial number of eo- no feasible alternatives to dredging. public-recreation_for - P g - - _ ple. (c) Dredging shall only be allowed when (b) When required to support an allowed use necessary to support the following uses and devel- or development, dredging/dredge disposal should opments: be the minimum needed to accommodate the (i) Approved harbors, marinas, ports, allowed use or development for a reasonably fore- and water-dependent industries; seeable period of time. (ii) Development or maintenance of (c) When allowed, dredging and disposal essential public infrastructure and facilities; operations should be planned, timed and imple- (iii) Environmental clean-up activities mented to minimize: required by the Model Toxics Control Act or Corn- (i) Adverse impacts to shoreline ecol- prehensive Environmental Response, Compensa- ogy;and tion,and Liability Act; (ii) Adverse impacts to in-water and (iv) Underground utility installation adjacent upland uses;and requiring trenches when boring, directional drill- (iii) Interference with navigation. ing,and other installation methods are not feasible; (d) Dredging and dredge disposal should be (v) Maintenance dredging for the pur- consistent and coordinated with appropriate local, pose of restoring a lawfully established use or state and federal regulations to minimize duplica- development; tion during the review process. (vi) Maintenance dredging for the pur- e) Dredging and dredge disposal should not pose of restoring previously permitted or autho- occur where they would interfere with existing or rized hydraulic capacity of a stream or river; potential ecological restoration activities. (vii) Maintenance of existing irrigation (f) Dredging and dredge disposal should reservoirs,drains,canals,or ditches; occur where they will provide ecological benefits. (viii) Establishing, expanding, relocat- (2) Shoreline Environment Regulations. ing or reconfiguring navigation channels and (a) Priority Aquatic. Dredging and dredge basins where necessary to assure the safety and disposal may be permitted subject to a conditional efficiency of existing navigational uses; use permit if allowed in the adjacent upland envi- (ix) Ecological restoration and enhance- ronment. ment projects benefiting water quality and/or fish (b) Aquatic. Dredging and dredge disposal and wildlife habitat;or may be permitted subject to a conditional use per- (x) Public access and public water-ori- mit if allowed in the adjacent upland environment. ented recreational developments/uses, including (c) Natural. Dredging and dredge disposal construction of public piers and docks that benefit are prohibited except dredging and dredge disposal substantial numbers of people. 18-168.7 (Revised 3/14) 18.25.370 (d) The county may permit dredging for (b) When dredge material is deposited on flood management purposes only when the project land it shall be considered fill and subject to all proponent demonstrates that: applicable fill regulations. (i) The dredging is a required component (c) All unconfined, open water dredge dis- of a county-approved comprehensive flood man- posal activities shall comply with the Puget Sound agement plan; or Dredged Disposal Analysis (PSDDA)criteria and (ii) The dredging has a long-term benefit guidelines and other applicable local,state and fed- to public health and safety and will not cause a net eral regulations. loss of ecological functions and processes. (d) When consistent with this program,dis- (e) When conducting reviews of dredging posal of dredged materials in water areas other than proposals, the county shall first consider how the PSDDA sites may only be allowed for the follow- proposed activity has been regulated by other agen- ing reasons: cies, note same as a reference, and then establish (i) To restore or enhance habitat;or what further information is needed for local (ii) To reestablish substrates for fish and review. The county may require information to shellfish resources; or ensure: (iii) To nourish beaches that are starved (i) The project is designed, located, and for sediment; or timed to mitigate impacts on legally established (iv) To remediate contaminated sedi- neighboring uses and developments;and ments. (ii) Appropriate measures are taken to (e) Proposals for dredged material disposal ensure the activity will not interfere with fishing or shall be evaluated for their potential to cause shellfishing;and adverse environmental impacts. Dredged material (iii) Appropriate measures are taken to disposal shall be permitted only when the propo- minimize adverse effects on recreation, public nent demonstrates all of the following: access,and navigation;and (i) The proposed action will not cause (iv) The activity shall not adversely significant and/or ongoing damage to water qual- impact natural processes such as channel migra- ity, fish, shellfish and/or other biological tion, marine bluff erosion and/or net-shoreline resources; and drift; and (ii) The proposed action will not (v) Appropriate best management prac- adversely alter natural drainage,water circulation, tices are employed to prevent water quality impacts sediment transport, currents, or tidal flows or sig- or other forms of environmental degradation; and nificantly reduce floodwater storage capacities; (vi) Upstream and upgradient sediment and sources that create the need includes dredging have been (iii) The proposed action includes all investigated and where feasible,mitigated;and feasible mitigation measures to protect marine, (vii) Appropriate measures are estuarine, freshwater and terrestrial species and employed to protect public safety and prevent habitats. [Ord. 7-13 Exh.A(Art. VII§3)] adverse impacts on other approved shoreline uses; and 18.25.370 Filling and excavation. (viii) The proposed activity complies (1) Policies. with applicable federal,state,and other local regu- (a) Filling, as defined in Article II of this lations. chapter, should only be allowed waterward of the (f) Dredging for the primary purpose of ordinary high water mark when alternatives are obtaining material for landfill, upland construc- infeasible and when the filling is: tion,or beach nourishment shall be prohibited. (i) Necessary to support an approved (g) Maintenance dredging may not be water-dependent use or essential public infrastruc- approved under exemption except within the exist- ture/facility;or ing footprint in accordance with previous approved (ii) Part of an approved ecological resto- plans. ration or enhancement project;or (4) Regulations—Dredge Disposal. (iii) Part of an approved aquaculture (a) The county may permit disposal of operation when the fill is required to improve pro- dredge material only when the project proponent duction;or demonstrates the activity is consistent with this (iv) Part of an approved beach nourish- program and that there are no feasible alternatives ment project; or to dredge disposal. (Revised 3/14) 18-168.8 Jefferson County Code 18.25.370 (v) Required to provide public access for and shoreline armoring or stabilization measures a substantial number of people; or are needed to keep the material in place. (vi) Required to provide water-oriented (d) Fill materials placed within shoreline public recreation for a substantial number of peo- jurisdiction shall be from an approved source and ple. shall consist of clean sand, gravel, soil, rock or (b) Filling and excavation should not be similar material.The use of contaminated material allowed where structural shoreline stabilization or construction debris shall be prohibited. would be required to maintain the materials placed (e) Fill placed waterward of the ordinary or excavated. high water mark shall only be permitted when (c) When allowed, filling and excavation alternatives are infeasible and when the fill- I should be conducted so that water quality,habitat, ing/excavation is necessary to support one or more hydrology,natural erosion rates, and runoff/drain- of the following: l age patterns are not adversely affected. (i) Approved marinas, ports, and other (2) Shoreline Environment Regulations. water-dependent industries where upland alterna- (a) Priority Aquatic. Filling may be permit- tives or structural solutions including pile or pier ted subject to a conditional use permit if allowed in supports are infeasible. the adjacent upland environment. (ii) Development or maintenance of (b) Aquatic. Filling may be permitted sub- essential public infrastructure and facilities. ject to a conditional use permit if allowed in the (iii) Environmental clean-up activities adjacent upland environment. required by MTCA and CERCLA. (c)-Natural.Filling and excavation is pro- (iv) Maintenance- of a lawfully estab- hibited, except filling and excavation may be per- lished use or development. miffed as an essential element of an approved (v) Ecological restoration and enhance- shoreline restoration project/program. ment projects benefiting water quality and/or fish (d) Conservancy. Filling and excavation and wildlife habitat. may be permitted subject to the policies and regu- (vi) Public access and public water-ori- lations of this program and a conditional use per- ented recreation projects benefiting substantial mit. numbers of people. (e) Shoreline Residential. Filling and exca- (vii) Part of an approved shoreline stabi- vation may be permitted subject to the policies and lization, flood control or in-stream structure proj- regulations of this program. ect when consistent with this program. (f) High Intensity. Filling and excavation (f) Filling in areas of special flood hazard may be permitted subject to the policies and regu- shall conform to the flood damage prevention pro- lations of this program. visions of Chapter 15.15 JCC. (3) Regulations. (g) The following information shall be (a) Filling and/or excavation shall only be required for all proposals involving fill or excava- allowed as part of an approved shoreline use and/or tion unless the county determines that issues are development activity and shall be subject to the adequately addressed via another regulatory requirements of the primary use/development. review process: (b) Excavation below the ordinary high (i) A description of the proposed use of water mark shall be considered dredging and shall the fill area;and be subject to JCC 18.25.360(Dredging). (ii) A description of the fill material, (c) When allowed,filling and/or excavation including its source, and physical, chemical and shall be located, designed, and carried out in a biological characteristics;and manner that: (iii) A description of the method of (i) Minimizes adverse impacts on the placement and compaction; and shoreline environment;and (iv) A description of the location of the (ii) Blends in physically and visually fill relative to natural and/or existing drainage pat- with natural topography,so as not to interfere with terns;and appropriate use, impede public access, or degrade (v) A description and map of the fill area the aesthetic qualities of the shoreline; and and depth relative to the ordinary high water mark (iii) Does not require shoreline armoring (OHWM);and or stabilization to protect materials placed unless it (vi) A description of proposed means to is part of an approved shoreline restoration project control erosion and stabilize the fill; and 18-168.9 (Revised 3/14) Jefferson County Code 18.25.220 Table 18.25.220—Permitted,Conditional and Prohibited Uses by Shoreline Environment Designation(Continued) P=Use maybe permitted subject to policies and regulations of program.May require shoreline substantial development permit or statement of exemption approval.See Articles VI,VII,VIII,IX and/or X of this chapter for details. C(a)=Conditional use administrative.See Articles II,IX and X of this chapter for definition,criteria and process details. C(d)=Conditional use discretionary.See Articles II,IX and X of this chapter for definition,criteria and process details. X=Prohibited use. *=Exceptions and limitations may apply as noted in this program.See specific section for details. Environment Designations Waterward of Landward of OHWM OHWM Priority Aquatic Natural Conservancy Shoreline High Shoreline Uses Aquatic Residential Intensity Boat launches(residential) X* P* C(a)* C(a) P P Docks,piers,floats,lifts(nonresidential) P* P* C(d)* C(a)* P* P Docks,piers,floats,lifts(residential) X* P* X C(a) P P X C(d) X C(a) C(a) p Float plane moorage Industrial piers P* P* X X X P Marinas X P* X C(d) C(d) P Mooring buoys P* P* C(a)* C(a) C(a)* P Commercial Development: Water-dependent(recreation) C(d) P C(d) C(d) P P Water-dependent or water-related X X X C(d) P P (nonrecreation) Water-related(recreation) X P X X P P Water-enjoyment X X X C(d) P P Non-water-oriented X X X X* C(d) C(d) Dredging C(d) • C(d) X* C(d) C(d) P Dredge Disposal C(d) C(d) X* C(d) C(d) C(d) Filling and Excavation C(d) C(d) X* C(d) P P Flood Control Structures C(d) C(d) X C(d) C(d) C(d) Forest Practices X X P P P P In-Stream Structures C(d) C(d) X* C(d) C(d) C(d) Industrial and Port Development: Water-oriented X C(d) X C(d) C(d)* P Non-water-oriented X X X X* X*/C(d) C(d) Mining X X X* X* X* C(d) Parking: Accessory to permitted use X X X* P/C(d) P/C(d) P/C(d) Primary use X X X X X X Recreation: Water-oriented P* P* P* P* P P Non-water-oriented X X X X C(d) X Underwater parks C(a) C(a) N/A N/A N/A N/A 18-151 (Revised 3/14) P SON co JEFFERSON COUNTY G DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street I Port Townsend,WA 98368 I Web:www.co.iefferson.wa.us/communitvdevelooment Tel:360.379.4450 I Fax:360.379.4451 I Email:dcdna,co.iefferson.wa.us 9SNI NG� Building Permits&Inspections I Development Consistency Review I Long Range Planning I Watershed Stewardship Resource Center MEMORANDUM TO: Donna Frostholm, Interim Director UDC Administrator FROM: David Wayne Johnson,Associate Planner RE: Conditional Discretionary "C(d)"Use Determination for MLA14- 00070/SDP 14-00011 Cape George Marina Dredging and Maintenance DATE: December 29,2014 Section JCC 18.40.520(2) of the Jefferson County Unified Development Code stipulates criteria for determining whether a Conditional Discretionary "C(d)" Use Permit shall be processed as a Type II or Type III permit. Prior to referring the Conditional Use Permit to the Hearing Examiner,the Administrator shall make one of the following findings: (a)(i) In the exclusive, discretionary judgment of the Administrator, the application involves potentially significant issues relating to location, design, configuration, and potential impacts to surrounding properties and the community that can be more appropriately considered and addressed through an open record hearing • before the Jefferson County Hearing Examiner; or (a)(ii) In the exclusive, discretionary judgment of the Administrator,the application seeks approval of a use involving complex legal issues necessitating special expertise in the decision-maker. Staff Findings The project involves a continuation of annual maintenance dredging of the marina entrance channel; dock repairs; raising the rock jetty to full height; dredging of shoaled areas in the basin; replacement of dock floats; repair of selected pilings and the creation of a sediment bypass basin. This applicant requires a Type II Shoreline Conditional Discretionary "C(d)" Use permit consistent with JCC 18.25.220. The project is deemed SEPA compliant under WAC 197-11-600, and has received permits and approvals from the U.S. Army Corps of Engineers,the Washington State Department of Fish& Wildlife, and the Department of Ecology. The proposal requires public notice but no public hearing except at the discretion of the UDC Administrator(JCC 18.40.520(2). No written comments were received from agencies, adjacent property owners or the general public. Staff conducted a site visit on November 26, 2014 and found nothing that would require further investigation or resolution before proceeding with the processing of the conditional use permit. This application does not involve complex legal or potentially significant issues which may require special expertise in the decision maker. Staff Conclusion Staff concludes that the above criteria does not apply and therefore recommends that MLA14-00070 be processed as a Type II Conditional Administrative "C(a)" Use Permit. ADMINISTRATOR REVIEW / Process as a Type II Conditional Administrative"C(a)"Use Permit Process as a Type III Conditional "C" Use Permit pip tZOtil onna Frosth lm, Interim Director UDC Administrator Addendum to the Application of Cape George Colony Club for a Conditional Use Permit from Jefferson Co. WA Section 18.25.590 of the Jefferson County Shoreline Master Program code specifies criteria for authorization of Conditional Use Permits. The applicant is required to demonstrate all of the following: a) The proposed use will be consistent with the policies of RCW 90.58.020. That provisions fundamental goal is for coordinated federal, state and local governments to prevent harm to development of the state's shorelines. It also establishes priorities that include access for shoreline recreational uses including marinas. Cape George has an existing marina that has been in use and continuously maintained for the past 50+ years. The majority of the work is for basic maintenance of infrastructure including docks, floats, pilings as well as periodic dredging of the entrance channel and the basin plus rock fill on the jetty and a sediment bypass to reduce the need for dredging. These processes have been fully vetted for any impacts on the ecology of the shoreline by the coordinated efforts of the State Dept. of Ecology, The State Dept. of Fish and Wildlife, The National Marine Fisheries, The US Fish and Wildlife Service and the Army Corp of Engineers. Permits have been issued and are in effect from all the permitting agencies listed above. b) The proposed use will not interfere with normal public use of public shorelines. The Cape George Colony Club is a privately owned community. The Club owns the shoreline, including the tidelands, so this provision does not apply. c) The proposed use of the site and design of the project will be compatible with other permitted uses within the area. Recreational use of the shoreline is permitted throughout the area, except for Protection Island. d) The proposed use will not cause adverse effects to the shoreline environment in which it is to be located. As noted in a) the responsible environmental agencies found no adverse effects are likely and a mitigation plan is in effect to add native plants to the shoreline. e) The public interest suffers no substantial detrimental effect. In addition to the factors noted in a) and d) the public interest is actually served by the fact that the material from the periodic dredging is being placed back on the beach where the littoral drift nourishes the downstream shorelines of Drs - - natural way. (I V E NOV - 5 2014 Vii' j :OUNTv C ,IUNIn'DEvFLOPMENT I 1.14.°N e # °4‘,. JEFFERSON COUNTY _.4 , Department of Community Development ..„..,,,, ,,,„, ,,_ Nov - 52014 i 1 ' Joitt>' 4 621 Sheridan Street.Port Townsend.Washington 98368 JEI IL:',',-)0I:COUNIY 'to WIrrriG). 360/379-4450 — 360/379-4451 Fax D"T OF COMMUNITY DEVELOPMENT Conditional Use Application MLA# PROJECVAPPLICANTNAME: Cape George Colony Club The purpose of the conditional use permit process is to provide flexibility in the application of the use regulations contained in the Jefferson County Code(JCC). No conditional use permit can be granted unless consistency with the performance standards of JCC 1820, the development standards of JCC 18.30, the procedural requirements of.JCC 18A0280, and the approval criteria of JCC 18A0,530,end()the"applicable requirements of the UDC have been satisfied. Approval of the conditional use is effective for three(3) years from the date of original approval. If a building permit has not been issued within the three(.3)year period,the conditional use approval win expire. The following questions will assist in the evaluation of the conditional use request: IDescribe the requested conditional use. The project involves a continuation of annual maintenance dredging of the entrance channel and dock esairs - rr- s- II*R-• : iisAii.:: . • II • - I2. an';jcertetyattioonfuollf haesigehdti;mderendt gbiynpgaosfssbhaosainled areas in the basin; replacement of dock floats; repair of selected pilings ExPiain h7theeorditonal use is ha noniousandaPPr°Pliateindesigncharacteralappee mncewiththl existing or intendedcaracterandtualityof d eVeto pmentinthevicinityandwihthephyiical characteriticsofhe subjeotoro 1111 See attached document I alDescribe the infrastructure including but not limited to roads,fire protection,water,wastewater disposal,and stormwater control which will serve the re uested conditional use. I 4. Describc tit':tOzgattn,tin,and height of bultdinns,structures,:Imam,wails and fences,and screening vegetation for the use. III 11.11 1111 IDescribe any noise,smoke,dust,fumes,vibrations,odors,outdoor lights or other impacts will be generated by the conditional use. 6. Describe the pedestrian and vehicular traffic and parking area associated with the conditional use. CONDITIONAL USE APRDOC REV.4/2/2014 Page 3 JEFFERSON COUNTY PERMIT CENTER CASE NO. k(-- A ` 6 o 0 CERTIFICATION OF MAILING I make the following certification: I am competent tN o testify and make this certification based upon personal knowledge. On this 2� day of kir _ , 2014, I deposited into the U.S. Mail with first class postage affixed,true and correct copies of 1) Cg e, � A- e in the above matter, addressed to: Adjacent Property Owners: See attached list. (Notices Only) /Agencies: See attached list. Interested Parties: See attached list. /Applicant/Representative -Posting Packet: 1 set of laminating sheets with Notices Posting Instruction, Affidavit, and a copy of Notice. ?sis -Newspapers (Notices Only) ( I (ii.e (t. Posting Places (x3) Other: I declare under penalty of perjury under the laws of the State of Washington that the foregoing certification is true and correct. .41_ TED this {�d y of beceAAJ9 e,(72014 at Port Townsend,Washington. 'eclarant 1' NCLERK\Forms&Form Language\FRM Certification of Mailing updated 01-2014.docx JEFFERSON COUNTY PUBLIC NOTICE OF TYPE II LAND USE APPLICATION MLA14-00070 APPLICANT: CAPE GEORGE COLONY CLUB 61 CAPE GEORGE DR PORT TOWNSEND WA 983689403 Application Received Date: May 27, 2014 Application Complete Date: November 20, 2014 Application Notice Date: November 26, 2014 SITE ADDRESS AND PROJECT LOCATION: 312 MARINA DR Parcel Number 002 123 003 in Section 12, Township 30, Range 02 West, WM, Located at 61 Cape George Dr, Port Townsend, WA 98368 PROJECT DESCRIPTION AND REQUIRED PERMITS/STUDIES: The project involves a continuation of annual maintenance dredging of the marina entrance channel; dock repairs; raising the rock jetty to full height; dredging of shoaled areas in the basin; replacement of dock floats; repair of selected pilings and the creation of a sediment bypass basin. This applicant requires a Type II Shoreline Conditional Discretionary "C(d)" Use permit consistent with JCC 18.25.220. The project is deemed SEPA compliant under WAC 197-11-600, and has received permits and approvals from the U.S. Army Corps of Engineers, the Washington State Department of Fish &Wildlife, and the Department of Ecology. The proposal requires public notice but no public hearing except at the discretion of the UDC Administrator (JCC 18.40.520(2). COMMENT PERIOD AND WHERE TO VIEW DOCUMENTS: The application and any studies may be reviewed at the Jefferson County Department of Community Development. All interested persons are invited to (a) comment on the application; (b) receive notice of and participate in any hearings; and (c) receive a copy of the decision by submitting such written comment(s)/request(s)to the Jefferson County Department of Community Development, Development Review Division, 621 Sheridan Street, Port Townsend, WA 98368, (360) 379-4450. Comments concerning this application should be submitted to the Department by 4:30 p.m. on December 26, 2014. If the last day of the comment period falls on a weekend or holiday, then the comment period shall be extended to the first working day after the weekend or holiday. Comments submitted after this date may not be considered in the staff report. Project Planner: David Wayne Johnson, 360-379-4450 JEFFERSON COUNTY PUBLIC NOTICE OF TYPE II LAND USE APPLICATION MLA14-00070 APPLICANT: CAPE GEORGE COLONY CLUB 61 CAPE GEORGE DR PORT TOWNSEND WA 983689403 Application Received Date: May 27, 2014 Application Complete Date: November 20, 2014 Application Notice Date: November 26, 2014 SITE ADDRESS AND PROJECT LOCATION: 312 MARINA DR Parcel Number 002 123 003 in Section 12, Township 30, Range 02 West, WM, Located at 61 Cape George Dr, Port Townsend, WA 98368 PROJECT DESCRIPTION AND REQUIRED PERMITS/STUDIES: The project involves a continuation of annual maintenance dredging of the marina entrance channel; dock repairs; raising the rock jetty to full height; dredging of shoaled areas in the basin; replacement of dock floats; repair of selected pilings and the creation of a sediment bypass basin. This applicant requires a Type II Shoreline Conditional Discretionary "C(d)" Use permit consistent with JCC 18.25.220. The project is deemed SEPA compliant under WAC 197-11-600, and has received permits and approvals from the U.S. Army Corps of Engineers, the Washington State Department of Fish & Wildlife, and the Department of Ecology. The proposal requires public notice but no public hearing except at the discretion of the UDC Administrator(JCC 18.40.520(2). COMMENT PERIOD AND WHERE TO VIEW DOCUMENTS: The application and any studies may be reviewed at the Jefferson County Department of Community Development. All interested persons are invited to (a) comment on the application; (b) receive notice of and participate in any hearings; and (c) receive a copy of the decision by submitting such written comment(s)/request(s) to the Jefferson County Department of Community Development, Development Review Division, 621 Sheridan Street, Port Townsend, WA 98368, (360) 379-4450. Comments concerning this application should be submitted to the Department by 4:30 p.m. on December 26, 2014. I f the last day of the comment period falls on a weekend or holiday, then the comment period shall be extended to the first working day after the weekend or holiday. Comments submitted after this date may not be considered in the staff report. PUBLIC HEARING INFORMATION: This is a Type II Permit Application that is exempt from SEPA review. There will not be a public hearing unless the final permit decision by the Administrator is appealed to the Hearing Examiner. If an appeal hearing is scheduled, separate notice will be made at least 10 days prior to the hearing. A copy of the staff report will be made available for inspection at no cost at least seven calendar days prior to such a hearing. APPEALS: The final permit decision for this Type II permit application will be made by the Administrator. Parties of record may appeal the decision to the Hearing Examiner within 14 calendar days of the final Notice of Decision. Decisions of the Hearing Examiner may not be further appealed except to Superior Court. Project Planner: David Wayne Johnson, 360-379-4450 For further information, please visit the Jefferson County Department of Community web page at www.co.iefferson.wa.us/commdevelopmentl For further information, please visit the Jefferson County Department of Community web page at www.co.iefferson.wa.us/commdevelopmentl Jefferson County Department of Community Development 621 Sheridan Street, Port Townsend, WA 98368 (360) 379-4450 POSTING INSTRUCTIONS Please post the attached notice on a 2-foot by 3-foot board provided by this department in a conspicuous location visible to vehicle traffic and pedestrians on or reasonably near the proposed development by November 26, 2014. The clear adhesive paper can be put over the notice after you mount it to protect it from the elements. Additional notice boards may be required where the site does not abut a public road, for a large site that abuts more than one (1) public road, or the Administrator determines that additional notice boards are necessary to provide adequate public notice. Notice boards shall be maintained in good and legible condition by the applicant during the notice period, be in place at least fifteen (15) calendar days prior to the date of the hearing, and be removed within fifteen (15) calendar days after the end of the notice period. Complete the affidavit, have it notarized, and return it to this office within three (3) days of posting. If the affidavit is not filed as required, any scheduled hearing or date by which the public may comment on the application will be postponed in order to allow compliance with this notice requirement. If you have any questions, please contact this office at (360) 379-4450. MLA number: MLA14-00070 Proponent(s): CAPE GEORGE COLONY CLUB AFFIDAVIT OF POSTING PUBLIC NOTICE JEFFERSON COUNTY UNIFIED DEVELOPMENT CODE ORDINANCE#03-0702-01 State of Washington) County of Jefferson) I, , being duly sworn of oath say that I have posted one (1) public notice poster on or near the site identified in the following development description: PROPOSAL: The project involves a continuation of annual maintenance dredging of the marina entrance channel; dock repairs; raising the rock jetty to full height; dredging of shoaled areas in the basin; replacement of dock floats; repair of selected pilings and the creation of a sediment bypass basin. This applicant requires a Type II Shoreline Conditional Discretionary"C(d)" Use permit consistent with JCC 18.25.220. The project is deemed SEPA compliant under WAC 197-11-600, and has received permits and approvals from the U.S. Army Corps of Engineers, the Washington State Department of Fish &Wildlife, and the Department of Ecology. The proposal requires public notice but no public hearing except at the discretion of the UDC Administrator(JCC 18.40.520(2). These two notices were posted in full compliance with JEFFERSON COUNTY UNIFIED DEVELOPMENT CODE on: the day of , 2014. (Signature of person posting notice) Subscribed and sworn to before me on this day of , 2014. Acknowledgement: Notary Public in and for the State of Washington, residing in , Washington. My commission expires: NOTARY STAMP MLA Number: MLA14-00070 Proponent(s): CAPE GEORGE COLONY CLUB \\tidemark\data\forms\F_MLT_NtcApp30_APO U.rpt 11/20/2014 Please publish one time. PUBLISH DATE: November 26, 2014 BILL: Jefferson County Department of Community Development 621 Sheridan Street, Port Townsend, WA 98368 JEFFERSON COUNTY PUBLIC NOTICE OF TYPE II LAND USE APPLICATION MLA14-00070 APPLICANT: CAPE GEORGE COLONY CLUB 61 CAPE GEORGE DR PORT TOWNSEND WA 983689403 Application Received Date: May 27, 2014 Application Complete Date: November 20, 2014 Application Notice Date: November 26, 2014 SITE ADDRESS AND PROJECT LOCATION: 312 MARINA DR Parcel Number 002 123 003 in Section 12, Township 30, Range 02 West, WM, Located at 61 Cape George Dr, Port Townsend, WA 98368 PROJECT DESCRIPTION AND REQUIRED PERMITS/STUDIES: The project involves a continuation of annual maintenance dredging of the marina entrance channel; dock repairs; raising the rock jetty to full height; dredging of shoaled areas in the basin; replacement of dock floats; repair of selected pilings and the creation of a sediment bypass basin. This applicant requires a Type II Shoreline Conditional Discretionary "C(d)" Use permit consistent with JCC 18.25.220. The project is deemed SEPA compliant under WAC 197-11-600, and has received permits and approvals from the U.S. Army Corps of Engineers, the Washington State Department of Fish & Wildlife, and the Department of Ecology. The proposal requires public notice but no public hearing except at the discretion of the UDC Administrator (JCC 18.40.520(2). COMMENT PERIOD AND WHERE TO VIEW DOCUMENTS: The application and any studies may be reviewed at the Jefferson County Department of Community Development. All interested persons are invited to (a) comment on the application; (b) receive notice of and participate in any hearings; and (c) receive a copy of the decision by submitting such written comment(s)/request(s) to the Jefferson County Department of Community Development, Development Review Division, 621 Sheridan Street, Port Townsend, WA 98368, (360) 379-4450. Comments concerning this application should be submitted to the Department by 4:30 p.m. on December 26, 2014. If the last day of the comment period falls on a weekend or holiday, then the comment period shall be extended to the first working day after the weekend or holiday. Comments submitted after this date may not be considered in the staff report. Project Planner: David Wayne Johnson, 360-379-4450 For further information, please visit the Jefferson County Department of Community web page at www.co.iefferson.wa.us/commdevelopment/ \\tidemark\data\forms\F_MLT_NtcApp30 Pub_U.rpt 11/20/2014 938100414 938100403 ROGER W ANDERSEN TRSTEE DIANA M COWAN TRUSTEE KYANNE S ANDERSEN TRSTEE DIANA COWAN REV TRUST K&R ANDERSEN FAMILY TRUST PO BOX 1762 PORT TOWNSEND, 11 98368-8912 PORT TOWNSEND, 11 98368-0189 938100310 946100013 STEPHEN R BLAIR TRUSTEE CRESTHAVEN SUBDIVISION BARBARA J BLAIR TRUSTEE INFORMATION ONLY S & B BLAIR LIVING TRUST , 91 PORT TOWNSEND, 11 98368-8912 939301301 938100406 JAMES BODKIN CHARLES E DE RYKUS DONNA BODKIN 141 SUNSET BLVD 92 W VANCOUVER DR PORT TOWNSEND, 11 98368 PORT TOWNSEND, 11 98368-9447 938100301 938100302 MARGI R BOLSTAD WESLEY B DICKSON TRUSTEE 986 COUNTRY CLUB RD EVELYN A DICKSON TRUSTEE HOOD RIVER, 91 97031-9775 W& E DICKSON REV TRUST PORT TOWNSEND, 11 98368-8913 939301306 938100305 SHARON BORGSTROM KRISTINE EASTERDAY 52 W VANCOUVER DR JAMES M HECKINGER PORT TOWNSEND, 11 98368-9447 1614 32ND AVE SEATTLE, 11 98122-3318 938100304 938100407 JEANNE W BRACKEN TRUSTEE ALAN P FREDERICKSON TR JEANNE BRACKEN REV TRUST JUANITA P GREENWOOD TRSTE 7538 SE 28TH AVE FREDERICKSON/GREENWOOD TR PORTLAND, 91 97202-8813 PORT TOWNSEND, 11 98368-6706 2123003 938100423 CAPE GEORGE COLONY CLUB MICHELE GARSIDE 61 CAPE GEORGE DR 1814 20TH ST PORT TOWNSEND, 91 98368-9403 SAN FRANCISCO, 91 94107-2776 938100313 939301304 BARBARA E GLENN H GEORGE LUNDBURG SUSAN H NIVERT JTWROS ANGELIKA M LUNDBURG 342 NW 79TH ST EDITH H MAURER SEATTLE, 11 98117-4015 PORT TOWNSEND, 11 98368-9423 946100007 938100418 DANIEL C GRACZYK RICHARD A MALTBY CATHY A CRACZYK MARY C MALTBY 73 W VANCOUVER DR 281 SUNSET BLVD PORT TOWNSEND, 11 98368-9447 PORT TOWNSEND, 11 98368-8912 938100307 938100309 PATRICIA D HARTMAN GARY A NELSON 210 SUNSET BLVD ELAINE A NELSON PORT TOWNSEND, 11 98368-8912 284 SUNSET BLVD PORT TOWNSEND, 11 98368-8912 938100410 938100303 LAURA E HOEXTER TRUSTEE SANDRA BLUE NELSON PURPLE DAWGS TRUST 130 SUNSET BLVD 181 SUNSET BLVD PORT TOWNSEND, 11 98368-8913 PORT TOWNSEND, 11 98368-8913 938100415 938100309 RICHARD J ISHERWOOD GARY A NELSON JANET ISHERWOOD ELAINE A NELSON 261 SUNSET BLVD 284 SUNSET BLVD PORT TOWNSEND, 11 98368-8912 PORT TOWNSEND, 11 98368-8912 938100422 938100402 RUSSELL N JOHNSON RONALD I NICCOLI ANDREE E SIU SHARON NICCOLI PO BOX 2001 51 SUNSET BLVD PORT TOWNSEND, 11 98368-0080 PORT TOWNSEND, 11 98368-8914 939301303 938100419 CLARE B LACY TRUSTEE DANIEL E NIEUWSMA LACY FAMILY RESIDENCE TRS JOEMILY K NIEUWSMA 111 W VANCOUVER DR 5291 Sunset4 CALLE MAYOR PORT TOWNSEND, 11 98368-8916 Port Townsend, 11 98368 939301302 938100324 NORMAN NOLAN JANICE STONE TRUSTEE 81 W VANCOUVER DR GAIL KRENTZMAN TRUSTEE PORT TOWNSEND, 11 98368-9447 270 SUNSET BLVD PORT TOWNSEND, 11 98368-8912 938100311 938100411 ROBERT R PENNEL DAVID WAIT LEILANI PENNEL 841 SORRELWOOD CT PO BOX 129 WESTLAKE VILLAGE, 19 91361-1840 BEAVERCREEK, 11 97004-0129 938100306 938100308 LESA M PERI TRUSTEE WILLIAM H WOODSON ANNABEL ROGAN TRUSTEE 250 SUNSET BLVD PERI/ROGAN LIVING TRUST PORT TOWNSEND, 11 98368-8912 SANTA MONICA, 11 90403-4698 946100006 KATHLEEN RAAB 65 W VANCOUVER DR PORT TOWNSEND, 11 98368-9447 938100312 -SCHWARTZ JOINT PROPERTY TRUST JULIE GERTLER, TRUSTEE LINDA SCHWARTZ, TRUSTEE PORT TOWNSEND, 11 98368 946100003 KEITH D SLATTERY MARTINIA J SLATTERY 411 DISCOVERY WAY SEQUIM, 91 98382-8637 946100005 JUDITH SPECHT C/O JED/ALLEGRA BOTHELL 933 TAFT ST PORT TOWNSEND, 11 98368-5400 SDP14-00011 SDP14-00011 CAPE GEORGE COLONY CLUB US ARMY CORPS OF ENGINEERS 61 CAPE GEORGE DR REGULATORY BRANCH PORT TOWNSEND,WA 983689403 PO BOX 3755 SEATTLE,WA 98134 SDP14-00011 SDP14-00011 *DOE SHORELANDS OFFICE *PENINSULA DAILY NEWS RICK MRAZ CHARLIE BERMANT PO BOX 47775 1939 E SIMS WAY OLYMPIA,WA 98504-7775 PORT TOWNSEND,WA 98368 SDP14-00011 SDP14-00011 *JAMESTOWN S'KLALLAM TRIBE *POINT NO POINT TREATY COUNCIL LEANNE JENKINS JACKIE MCLAUGHLIN LJENKINS@JAMESTOWNTRIBE.ORG 7999 NE SALISH LANE KINGSTON,WA 98346 SDP14-00011 SDP14-00011 *PORT GAMBLE S'KLALLAM TRIBE *PORT TOWNSEND LEADER JESSICA COYLE TRISTAN HIEGLER 31912 LITTLE BOSTON RD NE PO BOX 552 KINGSTON,WA 98346 PORT TOWNSEND,WA 98368 SDP14-00011 SDP14-00011 *SKOKOMISH TRIBE *WA STATE DEPT OF ARCH& HIST PRES RANDY N LUMPER, M.E.S. GRETCHEN KAEHLER 541 NORTH TRIBAL CENTER ROAD 1063 S. CAPITOL WAY, SUITE 106 SKOKOMISH,WA 98584 OLYMPIA,WA 98501 SDP14-00011 SDP14-00011 *WDFW *WA STATE DNR MARGIE SCHIRATO BRIDGET KAMINSKI-RICHARDSON 414 BUSINESS PARK ROAD 5310 EAGLEMOUNT RD SHELTON,WA 98584 CHIMACUM,WA 98325 1010.11111111111k %., 11 . ' C"s, ir iNel,,....„*. qt -- 1`1arw � - .... L �On sis8e. �� . ._ ciu6 . -0111111411111t-':'1111111111.14411 1 -48 It \ ''1'i_/ �...' — i .�* ,.� i . .-- -- S iSSY _� .Y it. \' ' 1 v t ''\' •.tomb* i t ' -N. . 1. w . I ■ 4 _� __ r w, « , is r sue.. ., ,,r., I , r 11.111111 ;di .4/ .: , .. • r - , E ti 4 < ,`' x', A s• t' 1 . ° `40, 4' �` / ■� p` Vie, � 1 / Y . a' y; y,_ r PUBLIC q NOTICE - - rt 4 '" ''' 4,40,7:%:":,.,..:',.,:i--*:5•0'-',,'' -'". --,-.'-'-:Itr,44;.'P' 1.,.'t,""4 '4*,,:;;:'''. .'-'*"." , CAPE GEORGE COLONY CLUB 61 CAPE GEORGE DRIVE www.capegeorge.org PORT TOWNSEND,WA 98368 office @capegeorge.org PHONE: (360)385-1177 FAX: (360)385-3038 11/3/14 David Wayne Johnson Department of Community Development Jefferson County 621 Sheridan Street Port Townsend, WA 98368 Dear David, Enclosed you will find the signed Conditional Use Application, Addendum to the Application and check in the amount of$843.00 as requested. Please review and let me know if there is any additional information needed. I understand one of the next steps will be the installation of a Public Notice sign at the site of the Cape George Marina. If there is anything that I can do to assist in this process, please feel free to give me a call. Sincerely, 47/49& Art Burke Manager NOV ' 5 2014 lit ft S.,!COUNTY ''''i:Of Mk'i.;iUNITYDE\lFLOPMFNT V�tLPr I - © David W. Johnson From: David W. Johnson Sent: Tuesday, October 21, 2014 3:36 PM To: Cape George Manager Cc: David W. Johnson Subject: Pre-application Conference PRE14-00020 Attachments: PRE14-00020 Cape George Marina.doc; Supplemental Conditional Use Application.pdf; Dredging.pdf; Fill and Excavation.pdf; SMP Conditional Use Criteria.docx Arthur, Outline,forms and code attached. Fee is$843.00. Instead of filling out the supplemental application,you may just attach a sheet explaining how you meet the conditional use criteria under 1CC 18.25.590. You will need to sign and date the Supplemental application form however. You may either call in for an intake appointment(379-4450)or mail to my attention. Give Frank Benskin a call at 379-4461 regarding the building permits for the dock repairs. Let me know if you have any questions. David Wayne Johnson- LEED AP- Neighborhood Development Associate Planner- Port Ludlow Lead Planner Department of Community Development Jefferson County 360.379.4465 LEED AP ND Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. IA SAVE PAPER - Please do not print this e-mail unless absolutely necessary All e-mail may be considered subject to the Public Records Act and as such may be disclosed to a third-party requestor. ieerson County Department of Community Devt4topment SqUARENNF :m° Bette Building Starts Heim, �. � _ra .a.max.• ;. a�xz Shon414a tax tmwnsito d./NAM**i 340371 AM# a+xe+anus 1 JEFFERSON COUNTY ,�0"i : DEPARTMENT OF COMMUNITY DEVELOPMENT ,. , . 621 Sheridan Street, Port Townsend,WA 98368 I Web:www.co.jefferson.wa.us/communitydevelopment �""'' Tel: 360.379.4450 I Fax:360.379.4451 I Email:dcd(a7co.iefferson.wa.us SquareONE Resource Center I Building Permits&Inspections I Development Review I Long Range Planning August 15, 2014 CAPE GEORGE COLONY CLUB 61 CAPE GEORGE DR PORT TOWNSEND WA 983689403 RE: SITE ADDRESS: 312 MARINA DR CASE#: MLA12-00275 Dear CAPE GEORGE COLONY CLUB: The Department of Community Development is in the process of reviewing your application. The following information is needed to continue review of your project. We have reviewed your application for a shoreline permit as an exemption to dredge the marina and other misc. work as outlined in your JARPA. However, we have determined upon review that under our new shoreline master program, your project will require a Conditional Discretionary "C(d)" Use permit, which requires a pre-application conference. Attached is the application form. Please complete and submit to DCD with a check for$380. Please submit the above information to the Department of Community Development within 90 days of the date of this letter which would be 11/13/2014. As required by Jefferson County Code, JCC 18.40.110(3) and (6), if the information is not submitted or additional time to submit the required information within the ninety (90) calendar day period is not requested, the application would be considered abandoned and therefore withdrawn and application fees will be forfeited. Jefferson County Code provides that the Department of Community Development shall not be responsible for notifying the applicant of an impending expiration, thus any further notification would not be forthcoming. Sincerely, . atli Wayne e friamQ/Z Department of Community Development Staff c: File \\tidemark\data\forms\F_MLT_Addlnfo_Requst.rpt 8/15/2014 David W. Johnson From: David W. Johnson Sent: Friday, August 15, 2014 1:04 PM To: manager @capegeorge.org Cc: David W. Johnson Subject: Marina Dredging and other work Attachments: pre-app conference form_FINAL.doc Arthur, We have reviewed your application for a shoreline permit as an exemption to dredge the marina and other misc.work as outlined in your JARPA. However, we have determined upon review that under our new shoreline master program, your project will require a Conditional Discretionary"C(d)" Use permit,which requires a pre-application conference. Attached is the application form. Please complete and submit to DCD with a check for$380. Thanks! David Wayne Johnson- LEED AP- Neighborhood Development Associate Planner- Port Ludlow Lead Planner Department of Community Development Jefferson County 360.379.4465 LIED AP ND Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. 4,l SAVE PAPER - Please do not print this e-mail unless absolutely necessary All e-mail may be considered subject to the Public Records Act and as such may be disclosed to a third party requestor effer-sots County Department of Community Development S .P A R E Better&AWN Starts Hare. axrars a Part an b tkoaars 1 JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT UNIFIED DEVELOPMENT CODE TYPE I LAND USE PERMIT t°e SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT EXEMPTION . WASHINGTON STATE SHORELINE MANAGEMENT ACT(RCW 90.58) PROPONENT: CAPE GEORGE COLONY CLUB 61 CAPE GEORGE DR PORT TOWNSEND WA 98368-9403 DATE ISSUED: January 28, 2013 DATE EXPIRES: January 28, 2014 5 CASE NUMB ER:SDP12-00068 MLA NUMBER: M LA12-0027 PROJECT PLANNER: David Wayne Johnson PROJECT DESCRIPTION: SHORELINE EXEMPTION FOR ANNUAL MARINA ENTRANCE CHANNEL& INFRASTRUCTUREMAINTENANCE & REPAIR WATERBODY AND/OR ASSOCIATED WETLANDS: DISCOVERY BAY PROJECT LOCATION: Parcel Number 002 123 003 in Section 12, Township 30, Range 02 West, WM, Located at 61 Cape George Dr, Port Townsend,WA 98368 FINDINGS: 1.) The Administrator finds that this application complies with applicable provisions of the Unified Development Code, all other applicable ordinances and regulations, and is consistent with the Jefferson County Comprehensive Plan and Land Use map. 2.) The application was reviewed by the Jefferson County Department of Community Development staff on May 21, 2007 for the potential presence of Environmentally Sensitive Areas under the provisions of the Unified Development Code(UDC). After an initial Geographic Information Systems mapping review, the following ESAs were confirmed to be present on the subject property: Fish and Wildlife Habitat Areas Conservancy- Aquatic Shore Designation (overwater-marine). 3.) The proposal has received review under the State Environmental Policy Act(SEPA)through a Final Mitigated Determination of Non-Significance issued by Jefferson County on June 2, 1999. The mitigation measures are address through existing development regulations and required permits. This threshold determination was for routine maintenance dredging of the marina access channel of accumulated sediments and disposal on an approved upland location. Because the proposal has not changed significantly from what was analyzed through the previous threshold determination, no additional SEPA review is required for this proposal (WAC 197-11-800). 4.) The Army Corps of Engineers(COE)issued a permit on May 10, 2006 under Permit Number NWS 2004-887. The Corps has granted an extension to that permit that expires on February 15, 2014. Applicant shall comply with said conditions of permit, and the letter dated July 26, 2011 under the aftermentioned reference number. 5.) The Washington Department of Fish and Wildlife issued Hydraulic Project Approval(HPA)for this activity on September 16,2011 under Control Number 123964-1. The HPA expires on September 16, 2016 6.) The site plan as submitted with the Shoreline Exempt application on December 24, 2012 has been reviewed for consistency under the UDC, and has been approved by Jefferson County Department of Community Development. Any modifications,changes, and/or additions to the stamped, approved site plan dated January 15, 2013 shall be resubmitted for review and approval by Jefferson County Department of Community Development. 7.) This approval is for Shoreline Exemption for Repair and Maintenance activities as outlined in Section 6b of the submitted JARPA only. Any future permits on this site are subject to review for consistency with applicable codes and ordinances and does not preclude review and conditions which may be placed on future permits. 8.) NOTICE: This permit does not excuse the proponent from complying with other local, state, and federal ordinances, regulations, or statutes applicable to the proposed development, but consistent with RCW 90.58. Development pursuant to this permit shalt be undertaken subject to the applicable policies and performa standards=the Jefferson County Shoreline Management—_– Master o, and the Jefferson County Development Code. of the site an area of potential archaeological significance is uncovered, all activity in the immediate area shall be halted, and the Administrator shall be notified at once. The Federal Endangered Species Act rules to protect threatened Chinook and Summer-run Chum salmon became effective on January 8, 2001. Bull trout have been listed as threatened since early 2000 any person may bring lawsuit against any individual or agency that'lakes"listed species(defined as causing harm, harassing, or damaging habitat for the listed species). In addition, the National Marine Fisheries Service can levy penalties. All areas in Jefferson County are included as"critical habitat"for a listed species. Development of property along any marine shoreline, freshwater shoreline,or floodplains could harm habitat if protective measures are not taken. To minimize the potential to damage habitat, all property owners developing adjacent to marine shoreline,freshwater shoreline, or floodplains are advised to do the following: -All development aoUvitieowhou|davnidunstebkwslopes,wetlands, and forested areas near surface waters -Remove minimal vegetation for site development, especially large trees -Allow trees that have fallen into surface waters to remain there -Infiltrate stormwater from buildings and driveways onsite through drywells rather than discharging directly into surface waters r roadside ditches ��Fede���m�G�e ���nA�n�����������0OO��(10�h�em�)�an eagle ThinE�0|eA�pnzhib�smnyona�om°MykinD''ba|d eagles. This federal law defines the term"take"and describes the possible e�g Service.– legal consequences when "take" occurs. Among other actions, =~~ cludes a disturbance of bald eagles o their habitat. Under ederal law permit may still be required for activities that impact bald eagles or their Contact the US Fish and Wildlife rvice(http fws. |n0tolearnnqn*obouthowthis|awafeot your project. Any individual, group, or agency can bring suit for a listed species"taking", if you are in compliance with Jefferson County development codes. The risk of a lawsuit against you can be reduced by consulting with a professional fisheries habitat biologist,and following the recommendations for site development provided by the biologist. For more information, contact the National Marine Fisheries Service in Seattle, or the U.S. Fish and Wildlife Service. 9.) The D lo nt Review Division finds that this proposal is con isten with Shoreline Maste Program Section JCC 18.25.090(6)and is consequently exempt from the substantial development permit(SDP)requirements. Exemptions from the substantial development permit requirements do not exempt a proposed development from compliance with the applicable policies and standards of the Shoreline Master Program or other applicable Federal, State, or local permit or license requirements. 10') The proposal is exempt from Critical Area review under JCC 18.22.070(6) &(21). CONDITIONS: 1 ) 7�p����|�h����B�&� �pa �( M� o oo| omwe . 00 *n . BMPs hoUaddress permanent noeasunestoohabDize soil exposed duhnQ sodhnen�dminQconstruction. om constructio , and in the design and operation of stormwater and drainage control systems. 2.) In addition permit conditions,the project proponent ahmUcorn�yw�ho|\condiUons�tfo�h � by the Washington D opo� ent of Fish and Wildlife through Hydraulic Project Approval . 3.) Work within the jurisdiction of the Shoreline Master Program other than as described above shall receive separate review from this Department. 4.) The development shall be essentially the same as the original in location, size, configuration, and external appearance. 5.) No fill or other material may be placed in the waters or intertidal areas of Jefferson County. 6.) All lumber and other materials treated with preservative shall be sufficiently cured to minimize leaching into the water or shore bed, in accordance with the Best Management Practices approved by the Washington Department of Fish and Wildlife. 7.) The proponents shall comply with all relevant state and federal regulations pertaining to the discharge of oil. 8.) The proposal has recieved review and approval under Army Corps permt NWS-2004-887 in consultation with the National Marine Fisheries Service, and based upon a Biological Evaluation dated February 9,2005 and amended February 11, 2011. The applicant shall comply with said permit and the subsquent Army Corps letter dated July 26, 2011. rrt ent of Corn nity evelopment Sta c: Department of Ecology, Shorelands Office, Rick Mraz Washington State Department of Fish&Wildlife, Washington State Department of Natural Resources, Bridget Kaminski-Richardson \\tidemark\data\forms\F_SDP Exemption U.rpt 1/28/2013 \ t IP \ \ ,... , \\�N\ s \� \ ....,..___ A ■ \ CAPE GEO GE\ .\ ) A .... / TOP OF GRADE :� * ! REV= 15.0'3 \ J/ •• — INSTNG BUSER 6WtHEAD 0 7;VIAR/z NEW SIT PIE WAIL �•.••''•� t. \ '—'- \. /7') / ..'",. ,-,1(/' e,,,, ,„,,n),•:\:\*,,\ \ , \ e \ i I, i ( ,,,;:,/ ,,..,,-.'"'" .4.0,1 ,i4i ( ,, ...0" \ , \\ \\, \ , , ,, \ I ‘ TOP OF CRApE \\\\\ '� V /E1.EVa 6.A't \ \\ \ --(1111 — 1 I \ \ 1 1 \ \\N \:\ \ \ \ i ) 1 \ r \ %4 \\ / \ \ \''k\ \ \ \ \ \\ Dt O YBAY L_ f ----\ \ O SCUM 4. N \\ \ \ N N \ \\\ ENTRANCE 1:40 CAPE GEORGE COLONY MARINA SCALE= 1:40 ,APPROVED ; ' SITE PLAN 1: Reference: (, JAN 1 5 2013 Applicant: Cape George Colony ,- Club A, i . 5► ), %Vrr i" Proposed: Sheet Pile Walls `. . A. �,. ' ` 1 i• .ti_,;iv At: Cope George Sheet 2 of/4, Dote: 10-04-12 , .........9r 1 J 6 I 1 I 1 / // / / O / M /Z le-! (f) b JI / 2 CO N m /.,C / OD N c`: / L d r / z / ' / / ' I 2 \ I m Zr.' co i il/I U co O 1 1 c 1 I v ........, i r f 0 1 O > c;. r- c rn -\--'-- Q ' M i I C ti _ ` � '1I II w CO 1 \ . i 1 .. .�=.di ;�'A ,1 4- }Y ^I '� 1111 rn ( c l x 1' I. c 1 ° II is I �f a U y 1 i411:4i S.4+ 42 TEM/ MOO 301,1711 o U 16 ? 3 D) O U N m W O'0 O 0 a`0 a.5 i Eye .V\ DEPARTMENT DEPARTMENT OF THE ARMY ,4 1 2 SEATTLE DISTRICT,CORPS OF ENGINEERS Ott P.O.BOX 3755 SEATTLE,WASHINGTON 98124-3755 GJ`�.sr res of r s�� ATTENTION OF JUN 27 2013 Regulatory Branch ECE ! VE MAY 2 7 2014 Cape George Colony Club ATTN: Mr. Gary Rossow JEFFERSON COUNTY DEPT.OF COMMUNITY DEVELOPMENT 61 Cape George Drive Port Townsend, Washington 98368 Reference: NWS-2013-108 Cape George Colony Club Dear Mr. Rossow: We have reviewed your application to work waterward of Mean High Higher Water to maintain the existing marina facility by installing a new steel sheet pile seawall via a vibratory pile driver, waterward of the existing wooden seawall,replacing the poly wrapped Styrofoam floats with encapsulated foam floats,placing fiberglass sleeves around 39 deteriorated creosote piles in Discovery Bay, Puget Sound near Port Townsend,Jefferson County, Washington. Based on the information you provided to us,Nationwide Permit(NWP)3,Maintenance (Federal Register February 21,2012,Vol. 77,No. 34), authorizes your proposal as depicted on the enclosed drawings, dated October 4,2012. In order for this authorization to be valid,you must ensure the work is performed in accordance with the enclosed NWP 3, Terms and Conditions and the following special conditions: a. You must implement the Endangered Species Act requirements and/or agreements set forth in the Cape George Colony Club Dredging and Marina Maintenance Project, Army Corps of Engineers Reference #2004-00887, Biological Evaluation, dated February 9, 2005 and the addenda, dated February 11,2011 and April 24,2013 in their entirety. The U.S. Fish and Wildlife Service(USFWS) concurred with a finding of"may affect,not likely to adversely affect"base on this document on June 24,2013 (USFWS Reference#01EWFW00-2013 4-0343). The National Marine Fisheries Service(NMFS) concurred with a finding of"may affect, not likely to adversely affect"based on this document on May 28,2013 (NMFS Reference# NWR-2013-10124). b. In order to protect Chinook salmon and bull trout, the permittee may conduct the authorized marina maintenance activities from July 16 through February 15 in any year this -2- permit is valid. The permittee shall not conduct the marina maintenance work authorized by this permit from February 16 through July 15 in any year this permit is valid. We have reviewed your project pursuant to the requirements of the Endangered Species Act, the Magnuson-Stevens Fishery Conservation and Management Act and the National Historic Preservation Act. We have determined this project complies with the requirements of these laws provided you comply with all of the permit general and special conditions. The authorized work complies with the Washington State Department of Ecology's (Ecology)Water Quality Certification and the Coastal Zone Management Act requirements for this NWP. No further coordination with Ecology is required. Puget Sound is a water of the United States. If you believe this is inaccurate,you may request a preliminary or approved jurisdictional determination(JD). If one is requested,please be aware that we may require the submittal of additional information to complete the JD and work authorized in this letter may not occur until the JD has been completed. Our verification of this NWP authorization is valid until March 18,2017 unless the NWP is modified,reissued, or revoked prior to that date. If the authorized work has not been completed by that date and you have commenced or are under contract to commence this activity before March 18,2017, you will have until March 18,2018 to complete the activity under the enclosed terms and conditions of this NWP. Failure to comply with all terms and conditions of this NWP verification invalidates this authorization and could result in a violation of Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act. You must also obtain all State and local permits that apply to this project. Upon completing the authorized work, you must fill out and return the enclosed Certificate of Compliance with Department of the Army Permit form. Thank you for your cooperation during the permitting process. We are interested in your experience with our Regulatory Program and encourage you to complete a customer service survey form. This form and information about our program is available on our website at www.nws.usace.army.mil select "Regulatory Branch,Permit Information"and then"Contact Us." If you have any questions, please contact me at darren.habel @usace.army.mil or at(206) 764-6883. Sincerely, 1016_14tricf Darren Habel, Project Manager Regulatory Branch L \\ ..... 47 •\,,, \\ \\ \ \ \:\\\\\ ',"\\, ---_______ 114,7 •-\ \ .....---- N N" 9/4,PE GREOA GE I . ‘. ... - ; DasTro nusER ButiotrADTOP OF GRADE .00 .s.. 0/7/ NEW STE SHE. PILE WALL 0 o• i I ) / •••if / / 4,..- ..-:V• r"------ -40 ‘ 4 ... _ . ., \ \ \ / <,/--. \::;.\ .. . .. * / ./// - I i. r p. // Ak-"- Sfikv , . -_ • . , if ,7 , "1:1 ......0000/ / L.... /..'' -- -. ' 7 IP 7 64'i t\s IRilg ST \\ \ . \ . • 4 PI 1.00.°-- 010. \ \ ‘,. N. ------- ..----, / \ \ Milk. \ \ VER\" NN UN Aik \ \ \ \‘, ENTRANCE TO CAPE GEORGE COLONY MARINA SCALE= 1:40 g Reference: N O-rats- 0 Applicant: Cape George Colony Club Proposed: Sheet Pile Walls At: Cope George Sheet 2 of 6 Dote: 10-04-12 ±16' ±71' ±14' ±36' TOP OF WALL 'F WALL ELEV= 15.0 TOP OF WALL ELEV= 10.0 GRADE OF OF WALL FACE MLLW 0.00 7 WALL CORNER I---- FOLD IN WAII if— BASE OF 37.011 L NORTH WALL ELEVATION LOOKING NORTH 1:20 Reference: 1\110-ign"*— Applicant: Cape George Colony Club Proposed: Sheet Pile Walls At: Cope George Sheet 3 of 8, Date: 10-04-12 • ±18' ±60' ±14' • /— TOP OF WALL • TOP •OF WALL • ELEV= 12.0 ELEV= 10.00 • S • GRADE OF FACE MLLW OF WALL 0.00 — WALL CORNER • BASE OF WALL ELEV= —30.0 SOUTH WALL ELEVATION LOOKING SOUTH 1:20 Reference: NWS-70/3-/°5 Applicant: Cope George Colony Club Proposed: Sheet Pile Walls At: Cape George Sheet 4 of ,8 Date: 10-04-12 TOP OF NEW SHEET PILE WALL r ET TOP OF NEW ELEV 15.0 SHEET PILE WALL - • TOP OF WALL ELEV 12.0. ELEV 15.0 Nsri rf/- TOP OF WALL ELEV 11.4' - NEW PZ35 SHEET NEW PZ27 SHEET PILES MIN EMBED MLLW 0.00 ' PILES MIN EMBED ±30' ±24' - NEW CHANNEL WIDTH EXISTING TIMBER ±47s-4" N— EXISTING TIMBER BULKHEAD WALL BULKHEAD WALL TO REMAIN ORIGINAL CHANNEL WIDTH TO REMAIN uL ±50' _U CHANNEL CROSS SECTION LOOKING EAST 1:20 Reference: Ali/ ..--7P/3-t0i3 Applicant: Cape George Colony Club Proposed: Sheet Pile Walls At: Cope George Sheet 5 of S Date: 10-04-12 2*-00 a 3" CLR SHEET PILE WALL SHEET PILE WALL CAP SECTION 1/2"=t-04 Reference: Al OC-7.01/3"1°6 Applicant: Cope George Colony Club Proposed: Sheet Pile Walls At: Cope George Sheet 6 of Date: 10-04-12 Typical doc odufe, current&proposed 1 I. • • Dock module length I .- to 16' Material is wood treated to . IAWPA Standards • I -------:- -- wrdtn:75"'... --- xisting poly wrapped Styrofoam floats o be replaced with 24"x48"x12 or 16" { "j eep injection molded floats pairs spaced _ �T bout 3'apart along the length of the floats , _ —_ ___ T.,_._ ,d Immersion _ ^ _ _ _ _ ,_ depth a 8" 1 Scale 1"= 2' 1 .e. ,.. r Reference 200400887 Cape Georgeg Colony Club.. inc_ Sheet1of 'b Proposed emntrance channel dredging W Ws-7,013 ---(Os & dock maintenance at 61 Cape George Dr _ Port Townsend. Jefferson County, Washington 98368 . . /.c/Lj/9 7 ... .-:„.....„ .. ---4.... ..., ._ ,.., . .. . . . r---1 I c. ..s = _... el < .-- - 'EN al it; --E. lx 1 r . o 7-3 0-a ro a) o_o ca ra .s.'_-. . r - 1 . . b 1 . . Lo _ 0 F-- -6:13 ...., . f- .- 8 . 0 _ _ _o-2 0 o ,- . -0 0 o a) o CI) TA . 63 li --6 co —,< .0_- ,....,... a) • CD o (i) o . -1 C0 -1-2 — 4,2 ti < a) co ..b..., ku- 0 bl a-8 ..............,, .... ___,._......_ (,), , P4 .... 0 ,- 0 :ce 0 T C7 0.1 I a) 01 0.-0 — a) c x = al I--- .7= ..'...-Nt.". 0 - co - ,5\.-, Ca ---...., . ...= CD - cm ,- i' ,. = •— 0 0 _ m 0 . 1-- > 7--, r- CD • - cg -0 a) cr-■ — . : ......, ..., ■._... & -,.. CD 0 . — — — I i— 01 1 -'-"7- -c? -„.. - •C 6 El " S.••• 1 • gay) C: "0" 1 — c... _ [ ti cu. a -6 cc, . ,kt % _ 0 1.-• , 0 0 M .-- ^-• "" r- C"0 co C.7 = -,--, 0 .c.,- Li) Cl) ‘. m, r--- r" N. .. ... :L -- c, \_- 6; 0 0 a) ..... co ,.._ ... --'-'--- - 0- 0 0_ cci • 1 1...-1 . • +oars N. NATIONWIDE PERMIT 3 Vin_n of US E ee s @ Terms and Conditions \�YJ` J' Seattle District Effective Date:June 15,2012 A. Description of Authorized Activities B. Corps National General Conditions for all NWPs C. Corps Seattle District Regional General Conditions D. Corps Regional Specific Conditions for this NWP E. State 401 Certification General Conditions F. State 401 Certification Specific Conditions for this NWP G. EPA 401 Certification General Conditions H. EPA 401 Certification Specific Conditions for this NWP I. Coastal Zone Management Consistency Response for this NWP In addition to any special condition that may be required on a case-by-case basis by the District Engineer, the following terms and conditions must be met,as applicable,for a Nationwide Permit authorization to be valid in Washington State. A. DESCRIPTION OF AUTHORIZED ACTIVITIES 3.Maintenance.(a)The repair,rehabilitation, or replacement of any previously authorized,currently serviceable structure,or fill,or of any currently serviceable structure or fill authorized by 33 CFR 330.3, provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification.Minor deviations in the structure's configuration or filled area, including those due to changes in materials, construction techniques,requirements of other regulatory agencies,or current construction codes or safety standards that are necessary to make the repair,rehabilitation,or replacement are authorized.Any stream channel modification is limited to the minimum necessary for the repair,rehabilitation,or replacement of the structure or fill; such modifications, including the removal of material from the stream channel,must be immediately adjacent to the project or within the boundaries of the structure or fill. This NWP also authorizes the repair,rehabilitation,or replacement of those structures or fills destroyed or damaged by storms,floods,fire or other discrete events,provided the repair, rehabilitation,or replacement is commenced,or is under contract to commence,within two years of the date of their destruction or damage. In cases of catastrophic events,such as hurricanes or tornadoes,this two-year limit may be waived by the district engineer,provided the permittee can demonstrate funding,contract,or other similar delays. (b)This NWP also authorizes the removal of accumulated sediments and debris in the vicinity of existing structures(e.g.,bridges, culverted road crossings,water intake structures,etc.)and/or the placement of new or additional riprap to protect the structure. The removal of sediment is limited to the minimum necessary to restore the waterway in the vicinity of the structure to the approximate dimensions that existed when the structure was built, but cannot extend farther than 200 feet in any direction from the structure.This 200 foot limit does not apply to maintenance dredging to remove accumulated sediments blocking or restricting outfall and intake structures or to maintenance dredging to remove accumulated sediments from canals associated with outfall and intake structures. All dredged or excavated materials must be deposited and retained in an area that has no waters of the United States unless otherwise specifically approved by the district engineer under separate authorization.The placement of new or additional riprap must be the minimum necessary to protect the structure or to ensure the safety of the • structure.Any bank stabilization measures not directly associated with the structure will require a separate authorization from the district engineer. (c)This NWP also authorizes temporary structures,fills,and work necessary to conduct the, maintenance activity.Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable,when temporary structures,work,and discharges, including cofferdams,are necessary for construction activities,access fills,or dewatering of construction sites.Temporary fills must consist of materials,and be placed in a manner,that will not be eroded by expected high flows.Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations.The areas affected by temporary fills must be revegetated,as appropriate. (d)This NWP does not authorize maintenance dredging for the primary purpose of navigation. This NWP does not authorize beach restoration.This NWP does not authorize new stream channelization or stream relocation projects. Notification:For activities authorized by paragraph(b)of this NWP,the permittee must submit a pre-construction notification to the district engineer prior to commencing the activity(see general condition 31).The pre-construction notification must include information regarding the original design capacities and configurations of the outfalls,intakes,small impoundments,and canals. (Sections 10 and 404) Note:This NWP authorizes the repair,rehabilitation,or replacement of any previously authorized structure or fill that does not qualify for the Clean Water Act Section 404(f)exemption for maintenance. B. CORPS NATIONAL GENERAL CONDITIONS FOR ALL NWPs Note:To qualify for NWP authorization,the prospective permittee must comply with the following general conditions,as applicable,in addition to any regional or case-specific conditions imposed by the division engineer or district engineer.Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP.Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management Act consistency for an NWP.Every person who may wish to obtain permit authorization under one or more NWPs,or who is currently relying on an existing or prior permit authorization under one or more NWPs,has been and is on notice that all of the provisions of 33 CFR§330.1 through 330.6 apply to every NWP authorization.Note especially 33 CFR §330.5 relating to the modification,suspension,or revocation of any NWP authorization. 1.Navigation.(a)No activity may cause more than a minimal adverse effect on navigation. (b)Any safety lights and signals prescribed by the U.S.Coast Guard,through regulations or otherwise,must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c)The permittee understands and agrees that,if future operations by the United States require the removal,relocation,or other alteration,of the structure or work herein authorized,or if,in the opinion of the Secretary of the Army or his authorized representative,said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters,the permittee will be required, upon due notice from the Corps of Engineers,to remove,relocate,or alter the structural work or obstructions caused thereby,without expense to the United States.No claim shall be made against the United States on account of any such removal or alteration. 2.Aquatic Life Movements.No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area,unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted,bridged,or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. 2 3. Spawning Areas.Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable.Activities that result in the physical destruction(e.g.,through excavation, fill, or downstream smothering by substantial turbidity)of an important spawning area are not authorized. 4.Migratory Bird.Breeding Areas.Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds.No activity may occur in areas of concentrated shellfish populations,unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48,or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material.No activity may use unsuitable material(e.g.,trash,debris,car bodies,asphalt,etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts(see Section 307 of the Clean Water Act). 7. Water Supply Intakes.No activity may occur in the proximity of a public water supply intake,except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8.Adverse Effects From Impoundments. If the activity creates an impoundment of water,adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9.Management of Water Flows.To the maximum extent practicable,the pre-construction course, condition,capacity,and location of open waters must be maintained for each activity, including stream channelization and storm water management activities,except as provided below.The activity must be constructed to withstand expected high flows.The activity must not restrict or impede the passage of normal or high flows,unless the primary purpose of the activity is to impound water or manage high flows.The activity may alter the pre-construction course, condition,capacity,and location of open waters if it benefits the aquatic environment(e.g., stream restoration or relocation activities). 10.Fills Within 100-Year Floodplains.The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 1 1. Equipment.Heavy equipment working in wetlands or mudflats must be placed on mats,or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls.Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction,and all exposed soil and other fills,as well as any work below the ordinary high water mark or high tide line,must be permanently stabilized at the earliest practicable date.Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow. 13.Removal of Temporary Fills.Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations.The affected areas must be revegetated, as appropriate. 14. Proper Maintenance.Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions,as well as any activity-specific conditions added by the district engineer to an NWP authorization. 3 15. Single and Complete Project.The activity must be a single and complete project.The same NWP cannot be used more than once for the same single and complete project. 16.Wild and Scenic Rivers.No activity may occur in a component of the National Wild and Scenic River System,or in a river officially designated by Congress as a"study river"for possible inclusion in the system while the river is in an official study status,unless the appropriate Federal agency with direct management responsibility for such river,has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status.Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river(e.g.,National Park Service,U.S.Forest Service,Bureau of Land Management,U.S.Fish and Wildlife Service). 17.Tribal Rights.No activity or its operation may impair reserved tribal rights, including,but not limited to,reserved water rights and treaty fishing and hunting rights. 18.Endangered Species.(a)No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation,as identified under the Federal Endangered Species Act(ESA),or which will directly or indirectly destroy or adversely modify the critical habitat of such species.No activity is authorized under any NWP which"may affect"a listed species or critical habitat,unless Section 7 consultation addressing the effects of the proposed activity has been completed. (b)Federal agencies should follow their own procedures for complying with the requirements of the ESA.Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements.The district engineer will review the documentation and determine whether it is sufficient to address ESA compliance for the NWP activity,or whether additional ESA consultation is necessary. (c)Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project,or if the project is located in designated critical habitat,and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized.For activities that might affect Federally-listed endangered or threatened species or designated critical habitat,the pre-construction notification must include the name(s)of the endangered or threatened species that might be affected by the proposed work or that utilize the designated critical habitat that might be affected by the proposed work.The district engineer will determine whether the proposed activity"may affect"or will have"no effect"to listed species and designated critical habitat and will notify the non-Federal applicant of the Corps' determination within 45 days of receipt of a complete pre construction notification.In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the project,and has so notified the Corps,the applicant shall not begin work until the Corps has provided notification the proposed activities will have "no effect"on listed species or critical habitat,or until Section 7 consultation has been completed.If the non-Federal applicant has not heard back from the Corps within 45 days,the applicant must still wait for notification from the Corps. (d)As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific regional endangered species conditions to the NWPs. (e)Authorization of an activity by a NWP does not authorize the"take"of a threatened or endangered species as defined under the ESA.In the absence of separate authorization(e.g.,an ESA Section 10 Permit,a Biological Opinion with"incidental take"provisions,etc.)from the U.S.FWS or the NMFS, The Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species,where"take"means to harass,harm,pursue,hunt,shoot,wound,kill,trap,capture,or collect,or to attempt to engage in any such conduct.The word"harm"in the definition of"take"means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or 4 degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding,feeding or sheltering. (f)Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S,FWS and NMFS or their world wide web pages at http://www,fws.gov/or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively. 19.Migratory Birds and Bald and Golden Eagles.The permittee is responsible for obtaining any"take" permits required under the U.S.Fish and Wildlife Service's regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act.The permittee should contact the appropriate local office of the U.S.Fish and Wildlife Service to determine if such"take"permits are required for a particular activity. 20.Historic Properties.(a)In cases where the district engineer determines that the activity may affect properties listed,or eligible for listing,in the National Register of Historic Places,the activity is not authorized,until the requirements of Section 106 of the National Historic Preservation Act(NHPA)have been satisfied. (b)Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act.Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements.The district engineer will review the documentation and determine whether it is sufficient to address section 106 compliance for the NWP activity,or whether additional section 106 consultation is necessary. (c)Non-federal permittees must submit a pre-construction notification to the district engineer if the authorized activity may have the potential to cause effects to any historic properties listed on,determined to be eligible for listing on,or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities,the pre-construction notification must state which historic properties may be affected by the proposed work or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties,Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer,as appropriate,and the National Register of Historic Places(see 33 CFR 330.4(g)).When reviewing pre-construction notifications,district engineers will comply with the current procedures for addressing the requirements of Section 106 of the National Historic Preservation Act.The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts,which may include background research,consultation,oral history interviews,sample field investigation,and field survey. Based on the information submitted and these efforts,the district engineer shall determine whether the proposed activity has the potential to cause an effect on the historic properties.Where the non-Federal applicant has identified historic properties on which the activity may have the potential to cause effects and so notified the Corps,the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects or that consultation under Section 106 of the NHPA has been completed. (d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA Section 106 consultation is required. Section 106 consultation is not required when the Corps determines that the activity does not have the potential to cause effects on historic properties(see 36 CFR§8003(a)). If NHPA section 106 consultation is required and will occur,the district engineer will notify the non-Federal applicant that he or she cannot begin work until Section 106 consultation is completed.If the non-Federal applicant has not heard back from the Corps within 45 days,the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA(16 U.S.C.470h-2(k)) prevents the Corps from granting a permit or other assistance to an applicant who,with intent to avoid the requirements of Section 106 of the NHPA,has intentionally significantly adversely affected a historic property to which the permit would relate,or having legal power to prevent it,allowed such significant 5 adverse effect to occur,unless the Corps,after consultation with the Advisory Council on Historic Preservation(ACHP),determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance,the Corps is required to notify the ACHP and provide documentation specifying the circumstances,the degree of damage to the integrity of any historic properties affected,and proposed mitigation. This documentation must include any views obtained from the applicant,SHPO/THPO,appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes,and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic,cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit,you must immediately notify the district engineer of what you have found,and to the maximum extent practicable,avoid construction activities that may affect the remains and artifacts until the required coordination has been completed.The district engineer will initiate the Federal,Tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22.Designated Critical Resource Waters.Critical resource waters include,NOAA-managed marine sanctuaries and marine monuments,and National Estuarine Research.Reserves.The district engineer may designate,after notice and opportunity for public comment,additional waters officially designated by a state as having particular environmental or ecological significance,such as outstanding national resource waters or state natural heritage sites.The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a)Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17,21,29,31,35,39,40,42,43,44,49,50,51,and 52 for any activity within,or directly affecting,critical resource waters,including wetlands adjacent to such waters. (b)For NWPs 3,8, 10, 13, 15, 18, 19,22,23,25,27,28,30,33,34,36,37,and 38,notification is required in accordance with general condition 31,for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters.The district engineer may authorize activities tinder these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 23.Mitigation.The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal: (a)The activity must be designed and constructed to avoid and minimize adverse effects,both temporary and permanent,to waters of the United States to the maximum extent practicable at the project site(i.e.,on site). (b)Mitigation in all its forms(avoiding,minimizing,rectifying,reducing,or compensating for resource losses)will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal. (c)Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10-acre and require pre-construction notification,unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse effects of the proposed activity are minimal,and provides a project-specific waiver of this requirement.For wetland losses of 1/10-acre or less that require pre-construction notification,the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment.Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332.(1)The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in minimal 6 adverse effects on the aquatic environment. (2) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, wetland restoration should be the first compensatory mitigation option considered. (3)If permittee-responsible mitigation is the proposed option,the prospective permittee is responsible for submitting a mitigation plan.A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request,but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2)—(14)must be approved by the district engineer before the permittee begins work in waters of the United States,unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation(see 33 CFR 332.3(k)(3)). (4)If mitigation bank or in-lieu fee program credits are the proposed option,the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (5)Compensatory mitigation requirements(e.g., resource type and amount to be provided as compensatory mitigation, site protection,ecological performance standards,monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan. (d)For losses of streams or other open waters that require pre-construction notification,the district engineer may require compensatory mitigation,such as stream rehabilitation,enhancement,or preservation,to ensure that the activity results in minimal adverse effects on the aquatic environment. (e)Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs.For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any project resulting in the loss of greater than 1/2-acre of waters of the United States,even if compensatory mitigation is provided that replaces or restores some of the lost waters.However, compensatory mitigation can and should be used,as necessary,to ensure that a project already meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs. (f)Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the restoration or establishment,maintenance,and legal protection(e.g., conservation easements)of riparian areas next to open waters. In some cases,riparian areas may be the only compensatory mitigation required.Riparian areas should consist of native species.The width of the required riparian area will address documented water quality or aquatic habitat loss concerns.Normally, the riparian area will be 25 to 50 feet wide on each side of the stream,but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns.If it is not possible to establish a riparian area on both sides of a stream,or if the waterbody is a lake or coastal waters,then restoring or establishing a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site,the district engineer will determine the appropriate compensatory mitigation(e.g., riparian areas and/or wetlands compensation)based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of compensatory mitigation,the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (g)Permittees may propose the use of mitigation banks, in-Lieu fee programs,or separate permittee- responsible mitigation. For activities resulting in the loss of marine or estuarine resources,permittee- responsible compensatory mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible mitigation,the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project,and,if required, its long-term management. (h)Where certain functions and services of waters of the United States are permanently adversely affected, such as the conversion of a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way,mitigation may be required to reduce the adverse effects of the project to the minimal level. 7 24. Safety of Impoundment Structures.To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons.The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons,and appropriate modifications made to ensure safety. 25.Water Quality.Where States and authorized Tribes,or EPA where applicable,have not previously certified compliance of an NWP with CWA Section 401,individual 401 Water Quality Certification must be obtained or waived(see 33 CFR 330.4(e)).The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26.Coastal Zone Management.In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence,an individual state coastal zone management consistency concurrence must be obtained,or a presumption of concurrence must occur(see 33 CFR 330.4(d)).The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27.Regional and Case-By-Case Conditions.The activity must comply with any regional conditions that may have been added by the Division Engineer(see 33 CFR 330.4(e))and with any case specific conditions added by the Corps or by the state,Indian Tribe,or U.S.EPA in its section 401 Water Quality Certification,or by the state in its Coastal Zone Management Act consistency determination. 28.Use of Multiple Nationwide Permits.The use of more than one NWP for a single and complete project is prohibited,except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit.For example,if a road crossing over tidal waters is constructed under NWP 14,with associated bank stabilization authorized by NWP 13,the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 29.Transfer of Nationwide Permit Verifications.If the permittee sells the property associated with a nationwide permit verification,the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer.A copy of the nationwide permit verification must be attached to the letter,and the letter must contain the following statement and signature: "When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred,the terms and conditions of this nationwide permit,including any special conditions,will continue to be binding on the new owner(s)of the property.To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions,have the transferee sign and date below." (Transferee) (Date) 30.Compliance Certification.Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and any required compensatory mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological performance standards,will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a)A statement that the authorized work was done in accordance with 8 the NWP authorization,including any general,regional,or activity-specific conditions; (b)A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions.If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements,the certification must include the documentation required by 33 CFR 332.3(1)(3)to confirm that the permittee secured the appropriate number and resource type of credits;and(c)The signature of the permittee certifying the completion of the work and mitigation. 31.Pre-Construction Notification. (a)Timing. Where required by the terms of the NWP,the prospective permittee must notify the district engineer by submitting a pre-construction notification (PCN)as early as possible.The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete.The request must specify the information needed to make the PCN complete.As a general rule,district engineers will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information,then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer.The prospective permittee shall not begin the activity until either: (1)He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or(2)45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer.However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or in the vicinity of the project,or to notify the Corps pursuant to general condition 20 that the activity may have the potential to cause effects to historic properties,the permittee cannot begin the activity until receiving written notification from the Corps that there is"no effect"on listed species or"no potential to cause effects"on historic properties,or that any consultation required under Section 7 of the Endangered Species Act(see 33 CFR 330.4(f))and/or Section 106 of the National Historic Preservation(see 33 CFR 330.4(g))has been completed.Also,work cannot begin under NWPs 21,49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP,the permittee may not begin the activity until the district engineer issues the waiver.If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN,the permittee cannot begin the activity until an individual permit has been obtained. Subsequently,the permittee's right to proceed under the NWP may be modified, suspended,or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b)Contents of Pre-Construction Notification: The PCN must be in writing and include the following information: (1)Name,address and telephone numbers of the prospective permittee;(2)Location of the proposed project;(3)A description of the proposed project;the project's purpose;direct and indirect adverse environmental effects the project would cause, including the anticipated amount of loss of water of the United States expected to result from the NWP activity, in acres, linear feet,or other appropriate unit of measure;any other NWP(s),regional general permit(s),or individual permit(s)used or intended to be used to authorize any part of the proposed project or any related activity.The description should be sufficiently detailed to allow the district engineer to determine that the adverse effects of the project will be minimal and to determine the need for compensatory mitigation. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP.(Sketches usually clarify the project and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity(e.g.,a conceptual plan),but do not need to be detailed engineering plans); (4)The PCN must include a delineation of wetlands,other special aquatic sites,and other waters, such as lakes and ponds,and perennial, intermittent,and ephemeral streams, on. the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps.The permittee may ask the Corps to delineate the special aquatic sites and other waters on the 9 project site,but there maybe a delay if the Corps does the delineation,especially if the project site is large or contains many waters of the United States.Furthermore;the 45 day period will not start until the delineation has been submitted to or completed by the Corps,as appropriate (5)If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required,the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied,or explaining why the adverse effects are minimal and why compensatory mitigation should not be required. As an alternative,the prospective permittee may submit a conceptual or detailed mitigation plan.(6)If any listed species or designated critical habitat might be affected or is in the vicinity of the project,or if the project is located in designated critical habitat,for non-Federal applicants the PCN must include the name(s)of those endangered or threatened species that might be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work.Federal applicants must provide documentation demonstrating compliance with the Endangered Species Act;and(7)For an activity that may affect a historic property listed on,determined to be eligible for listing on,or potentially eligible for listing on,the National Register of Historic Places,for non-Federal applicants the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property.Federal applicants must provide documentation demonstrating compliance with Section 1 06 of the National Historic Preservation Act. (c)Form of Pre-Construction Notification: The standard individual permit application form(Form ENG 4345)may be used,but the completed application form must clearly indicate that it is a PCN and must include all of the information required in paragraphs(b)(1)through(7)of this general condition.A letter containing the required information may also be used (d)Agency Coordination:(1)The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental effects to a minimal level.(2) For all NWP activities that require pre-construction notification and result in the loss of greater than 1/2- acre of waters of the United States,for NWP 21,29,39,40,42,43,44, 50,51,and 52 activities that require pre-construction notification and will result in the loss of greater than 300 linear feet of intermittent and ephemeral stream bed,and for all NWP 48 activities that require pre-construction notification,the district engineer will immediately provide(e,g.,via e-mail,facsimile transmission, overnight mail,or other expeditious manner)a copy of the complete PCN to the appropriate Federal or state offices(U.S.FWS,state natural resource or water quality agency,EPA, State Historic Preservation Officer(SHPO)or Tribal Historic Preservation Office(THPO),and,if appropriate,the NMFS).With the exception of NWP 37,these agencies will have 10 calendar days from the date the material is transmitted to telephone or fax the district engineer notice that they intend to provide substantive,site-specific comments.The comments must explain why the agency believes the adverse effects will be more than minimal. If so contacted by an agency,the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification.The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity's compliance with the terms and conditions of the NWPs,including the need for mitigation to ensure the net adverse environmental effects to the aquatic environment of the proposed activity are minimal. The district engineer will provide no response to the resource agency,except as provided below.The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies' concerns were considered.For NWP 37,the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur.The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified,suspended,or revoked in accordance with the procedures at 33 CFR 330.5.(3)In cases of where the prospective permittee is not a Federal agency,the district'engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations,as required by Section 305(b)(4)(B)of the Magnuson-Stevens Fishery Conservation and Management Act.(4) 10 Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre- construction notifications to expedite agency coordination. District Engineer's Decision 1. In reviewing the PCN for the proposed activity,the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. For a linear project,this determination will include an evaluation of the individual crossings to determine whether they individually satisfy the terms and conditions of the NWP(s),as well as the cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a waiver of the 300 linear foot limit on impacts to intermittent or ephemeral streams or of an otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36,39,40,42,43,44, 50, 51 or 52,the district engineer will only grant the waiver upon a written determination that the NWP activity will result in minimal adverse effects. When making minimal effects determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. The district engineer will also consider site specific factors,such as the environmental setting in the vicinity of the NWP activity,the type of resource that will be affected by the NWP activity,the functions provided by the aquatic resources that will be affected by the NWP activity,the degree or magnitude to which the aquatic resources perform those functions,the extent that aquatic resource functions will be lost as a result of the NWP activity'(e.g.,partial or complete loss),the duration of the adverse effects(temporary or permanent),the importance of the aquatic resource functions to the region (e.g.,watershed or ecoregion), and mitigation required by the district engineer. If an appropriate functional assessment method is available and practicable to use,that assessment method may be used by the district engineer to assist in the minimal adverse effects determination.The district engineer may add case-specific special conditions to the NWP authorization to address site-specific environmental concerns. 2.If the proposed activity requires a PCN and will result in a loss of greater than 1/10-acre of wetlands,the prospective permittee should submit a mitigation proposal with the PCN.Applicants may also propose compensatory mitigation for projects with smaller impacts.The district engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed activity are minimal. The compensatory mitigation proposal may be either conceptual or detailed.If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment are minimal,after considering mitigation,the district engineer will notify the permittee and include any activity-specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k).The district engineer must approve the final mitigation plan before the permittee commences work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN,the district engineer will expeditiously review the proposed compensatory mitigation plan.The district engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment. If the net adverse effects of the project on the aquatic environment(after consideration of the compensatory mitigation proposal) • are determined by the district engineer to be minimal,the district engineer will provide a timely written response to the applicant.The response will state that the project can proceed under the terms and conditions of the NWP,including any activity-specific conditions added to the NWP authorization by the district engineer. 3. If the.district engineer determines that the adverse effects of the proposed work are more than minimal,then the district engineer will notify the applicant either: (a)That the project does not qualify for 11. authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit;(b)that the project is authorized under the NWP subject to the applicant's submission of a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level;or(c)that the project is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment,the activity will be authorized within the 45-day PCN period, with activity-specific conditions that state the mitigation requirements.The authorization will include the necessary conceptual or detailed mitigation or a requirement that the applicant submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level.When mitigation is required,no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. Further Information 1.District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2.NWPs do not obviate the need to obtain other federal,state,or local permits,approvals,or authorizations required by law. 3.NWPs do not grant any property rights or exclusive privileges. 4.NWPs do not authorize any injury to the property or rights of others. 5.NWPs do not authorize interference with any existing or proposed Federal project. C. CORPS SEATTLE DISTRICT REGIONAL GENERAL CONDITIONS 1. Aquatic Resources Requiring Special Protection. Activities resulting in a loss of waters of the United States in a mature forested wetland,bog,bog-like wetland,aspen-dominated wetland,alkali wetland, wetlands in a dunal system along the Washington coast,vernal pools,camas prairie wetlands,estuarine wetlands,and wetlands in coastal lagoons cannot be authorized by a NWP,except by the following NWPs: NWP 3 -Maintenance. NWP 20—Oil Spill Cleanup NWP 32—Completed Enforcement Actions NWP 38—Cleanup of Hazardous and Toxic Waste In order to use one of the above-referenced NWPs in any of the aquatic resources requiring special protection,you must submit a pre-construction notification to the District Engineer in accordance with Nationwide Permit General Condition 31 (Pre-Construction Notification)and obtain written approval before commencing work. 2.Commencement Bay. The following NWPs may not be used to authorize activities located in the Commencement Bay Study Area(see Figure 1 at www.nws.usace.army.mil,select Regulatory Permits then Permit Guidebook,then Nationwide Permits)requiring Department of the Army authorization: NWP 12—Utility Line Activities(substations) NWP 13 Bank Stabilization NWP 14—Linear Transportation Projects NWP 23—Approved Categorical Exclusions NWP 29—Residential Developments NWP 39—Commercial and Institutional Developments NWP 40-Agricultural Activities 12 NWP 41—Reshaping Existing Drainage Ditches NWP 42—Recreational Facilities NWP 43—Stormwater Management Facilities 3.New Bank Stabilization Prohibition Areas in Tidal Waters of Puget Sound.Activities involving new bank stabilization in tidal waters in Water Resource Inventory Areas(WRIAs) 8,9, 10, 11,and 12(within the specific area identified on Figure 2 at wvvvv.nws.usace.army.mil,select Regulatory Permits then Permit Guidebook,then Nationwide Permits)cannot be authorized by a NWP. 4. Bank Stabilization.Any project including new or maintenance bank stabilization activities requires pre-construction notification to the District Engineer in accordance with Nationwide Permit General Condition 31 for Pre-Construction Notification. This requirement does not apply to maintenance work exempt by 33 CFR 323.4(a)(2). Each notification must also include the following information: a.Need for the work, including the cause of the erosion and the threat posed to structures, infrastructure,and/or public safety. The notification must also include a justification for the need to place fill or structures waterward of the line of the Corps'jurisdiction(typically,the ordinary high water mark or mean higher high water mark). b.Current and expected post-project sediment movement and deposition patterns in and near the project area In tidal waters,describe the location and size of the nearest bluff sediment sources(feeder bluffs)to the project area and current and expected post-project nearshore drift patterns in the project area. c.Current and expected post-project habitat conditions, including the presence of fish,wildlife and plant species,submerged aquatic vegetation,spawning habitat,and special aquatic sites(e g,vegetated shallows,riffle and pool complexes,or mudflats)in the project area. d.In rivers and streams,an assessment of the likely impact of the proposed work on upstream, downstream and cross-stream properties(at a minimum the area assessed should extend from the nearest upstream bend to the nearest downstream bend of the watercourse). Discuss the methodology used for determining effects. The Corps reserves the right to request an increase in the reach assessment area to fully address the relevant ecological reach and associated habitat. e.For new bank stabilization activities in rivers and streams,describe the type and length of existing bank stabilization within 300 feet up and downstream of the project area In tidal areas,describe the type and length of existing bank stabilization within 300 feet along the shoreline on both sides of the project area. f.Demonstrate the proposed project incorporates the least environmentally damaging practicable bank protection methods.These methods include,but are not limited to,the use of bioengineering, biotechnical design,root wads, large woody material,native plantings,and beach nourishment in certain circumstances. If rock must be used due to site erosion conditions,explain how the bank stabilization structure incorporates elements beneficial to fish. If the Corps determines you have not incorporated the least environmentally damaging practicable bank protection methods and/or have not fully compensated for impacts to aquatic resources,you must submit a compensatory mitigation plan to compensate for impacts to aquatic resources. g.A planting plan using native riparian plant species unless the applicant demonstrates a planting plan is not appropriate or not practicable. 13 5.Crossings of Waters of the United States. Any project including installing,replacing,or modifying crossings of waters of the United States,such as culverts,requires pre-construction notification to the District Engineer in accordance with Nationwide Permit General Condition 31 for Pre-Construction Notification. This requirement does not apply to maintenance work exempt by 33 CFR 323.4(a)(2). Each notification must also include the following information: a.Need for the crossing. b.Crossing design criteria and design methodology. c.Rationale behind using the specific design method for the crossing. 6. Cultural Resources and Human Burials. Permittees must immediately stop work and notify the District Engineer within 24 hours if;during the course of conducting authorized work,human burials, cultural resources,or historic properties,as identified by the National Historic Preservation Act,are discovered. Failure to stop work in the area of discovery until the Corps can comply with the provisions of 33 CFR 325 Appendix C,the National Historic Preservation Act,and other pertinent laws and regulations could result in a violation of state and federal laws.Violators are subject to civil and criminal penalties. 7. Essential Fish Habitat. An activity which may adversely affect essential fish habitat,as identified under the Magnuson-Stevens Fishery Conservation and Management Act(MSA),may not be authorized by NWP until essential fish habitat requirements have been met by the applicant and the Corps. Non- federal permittees shall notify the District Engineer if essential fish habitat may be affected by,or is in the vicinity of,a proposed activity and shall not begin work until notified by the District Engineer that the requirements of the essential fish habitat provisions of the MSA have been satisfied and the activity is authorized. The notification must identify the type(s)of essential fish habitat(e.g.,Pacific salmon, groundfish,and/or coastal-pelagic species)managed by a Fishery Management Plan that may be affected. Information about essential fish habitat is available at www.nwr.noaa.gov/. 8. Vegetation Protection and Restoration. Permittees must clearly mark all construction area boundaries before beginning work. The removal of native vegetation in riparian areas and wetlands,and the removal of submerged aquatic vegetation in estuarine and tidal areas must be avoided and minimized to the maximum extent practicable. Areas subject to temporary vegetation removal shall be replanted with appropriate native species by the end of the first planting season following the disturbance except as waived by the District Engineer.If an aquaculture area is permitted to impact submerged aquatic vegetation under NWP 48,the aquaculture area does not need to be replanted with submerged aquatic vegetation. 9. Access.You must allow representatives of this office to inspect the authorized activity at any time deemed necessary to ensure the work is being,or has been,accomplished in accordance with the terms and conditions of your permit. 10. Contractor Notification of Permit Requirements.The permittee must provide a copy of the nationwide permit verification letter,conditions,and permit drawings to all contractors involved with the authorized work,prior to the commencement of any work in waters of the U.S. D. CORPS REGIONAL SPECIFIC CONDITIONS FOR THIS NWP:NONE E. STATE 401 CERTIFICATION GENERAL CONDITIONS: 14 1. For in-water construction activities. Individual 401 review is required for projects or activities authorized under NWPs that will cause,or be likely to cause or contribute to an exceedence of a State water quality standard(WAC 173-201A)or sediment management standard(WAC 173-204). Note:State water quality standards are posted on Ecology's website: http://www.ecy.wa.gov/programslwq/swqs/. Click "Surface Water Criteria for freshwater and marine water standards. Sediment management standards are posted on Ecology's website: http://www.ecy.wa.gov/bibliolwac173204.html. Information is also available by contacting Ecology's Federal Permit staff 2. Projects or Activities Discharging to Impaired Waters. Individual 401 review is required for projects or activities authorized under NWPs if the project or activity will occur in a 303(d)listed segment of a waterbody or upstream of a listed segment and may result in further exceedences of the specific listed parameter. Note: To determine ifyour project or activity is in a 303(d)listed segment of a waterbody, visit Ecology's Water Quality Assessment webpage for maps and search tools, http://www.ecy.wa.gov/programs/wq/303d/2008/Information is also available by contacting Ecology's Federal Permit staff 3. Notification. For projects or activities that will require Individual 401 review,applicants must provide Ecology with the same documentation provided to the Corps(as described in Corps Nationwide Permit General Condition 31,Pre-Construction Notification),including,when applicable: (a) A description of the project,including site plans,project purpose,direct and indirect adverse environmental effects the project would cause,and any other Department of the Army permits used or intended to be used to authorize any part of the proposed project or any related activity. (b) Delineation of special aquatic sites and other waters of the United States. Wetland delineations must be prepared in accordance with the current method required by the Corps and shall include Ecology's Wetland Rating form.Wetland rating forms are subject to review and verification by Ecology staff Note: Wetland rating fom ms are available on Ecology's Wetlands website: http://www.ecy.wa.gov/programs/seaAvetlands/ratingsystems or by contacting Ecology's Federal Permit staff (c) A statement describing how the mitigation requirement will be satisfied.A conceptual or detailed mitigation or restoration plan may be submitted. Mitigation plans submitted for Ecology review and approval shall be based on the guidance provided in Wetland Mitigation in Washington State,Parts 1 and 2(Ecology Publications#06-06- 0 1 la and#06-06-011b). (d) Coastal Zone Management Program"Certification of Consistency"Form if the project is located within a coastal county(Clallam,Grays Harbor,Island,Jefferson,King,Kitsap,Mason,Pacific, Pierce, San Juan, Skagit, Snohomish,Thurston,Wahkiakum,and Whatcom counties). Note: CZM Certification of Consistency forms are available on Ecology's Federal Permit website:httpliwww.ecy.wa.gov/programs/sea/fed-permit/index.html or by contacting Ecology's Federal Permit staff 15 (e) Other applicable requirements of Corps Nationwide Permit General Condition 31,Corps Regional Conditions,or notification conditions of the applicable NWP. Note:Ecology has 180 days from receipt of applicable documents noted above and a copy of the final authorization letter from the Corps providing coverage for a proposed project or activity under the NWP Program to issue a WQC and CZM consistency determination response. If more than 180 days pass after Ecology's receipt of these documents,your requirement to obtain an individual WQC and CZM consistency determination response becomes waived. 4. Aquatic resources requiring special protection. Certain aquatic resources are unique,difficult-to- replace components of the aquatic environment in Washington State. Activities that would affect these resources must be avoided to the greatest extent possible. Compensating for adverse impacts to high value aquatic resources is typically difficult,prohibitively expensive,and may not be possible in some landscape settings. Individual 401 review is required for activities in or affecting the following aquatic resources(and not prohibited by Regional Condition 1): (a)Wetlands with special characteristics(as defined in the Washington State Wetland Rating Systems for western and eastern Washington,Ecology Publications#04-06-025 and#04-06-015): • Estuarine wetlands • Natural Heritage wetlands • Bogs • Old-growth and mature forested wetlands • Wetlands in coastal lagoons • Interdunal wetlands • Vernal pools • Alkali wetlands (b)Fens,aspen-dominated wetlands,camas prairie wetlands,and marine water with eelgrass(Zostera marina)beds(except for NWP 48). (c)Category 1 wetlands (d)Category II wetlands with a habitat score>29 points. This State General Condition does not apply to the following Nationwide Permits: NWP 20—Response Operations for Oil and Hazardous Substances NWP 32—Completed Enforcement Actions 5. Mitigation. For projects requiring Individual 401 review,adequate compensatory mitigation must be provided for wetland and other water quality-related impacts of projects or activities authorized under the NWP Program. (a) Mitigation plans submitted for Ecology review and approval shall be based on the guidance provided in Wetland Mitigation in Washington State,Parts 1 and 2(Ecology Publications#06-06- 011 a and#06-06-011b)and shall,at a minimum, include the following: 16 i. A description of the measures taken to avoid and minimize impacts to wetlands and other waters of the U.S. ii. The nature of the proposed impacts(i.e.,acreage of wetlands and functions lost or degraded) iii. The rationale for the mitigation site that was selected iv. The goals and objectives of the compensatory mitigation project v. How the mitigation project will be accomplished,including construction sequencing,best management practices to protect water quality, proposed performance standards for measuring success and the proposed buffer widths vi. How it will be maintained and monitored to assess progress towards goals and objectives. Monitoring will generally be required for a minimum of five years. For forested and scrub shrub wetlands, 10 years of monitoring will often be necessary. vii. How the compensatory mitigation site will be legally protected for the long term. Refer to Wetland Mitigation in Washington State—Part 2: Developing Mitigation Plans(Ecology Publication#06-06-011b)for guidance on developing mitigation plans. Ecology encourages the use of alternative miti g ation approaches,including advance mitigation and other programmatic approaches such as mitigation banks and programmatic mitigation areas at the local level. If you are interested in proposing use of an alternative mitigation approach,consult with the appropriate Ecology regional staff person.(see http://www.ecy.wa.gov/programs/sea/wetlands/contacts.htm) Information on the state wetland mitigation banking program is available on Ecology's website: http://www.ecy.wa.gov/programs/sea/wetlands/mitigation/banking/index.html 6. Temporary Fills. Individual 401 review is required for any project or activity with temporary fill in wetlands or other waters of the State for more than 90 days,unless the applicant has received written approval from Ecology. Note: This State General Condition does not apply to projects or activities authorized under NWP 33, Temporary Construction,Access, and Dewatering 7. Stormwater discharge pollution prevention: All projects that involve land disturbance or impervious surfaces must implement prevention or control measures to avoid discharge of pollutants in stormwater runoffto waters of the state.For land disturbances during construction,the permittee must obtain and implement permits where required and follow Ecology's current stormwater manual. Note:Stormwater permit information is available at Ecology's Water Quality website: http://www.ecy,wa.gov/programs/wq/stormnwater/index.html.Ecology's Stormwater Management and Design Manuals are available at: http://www.ecy.wa.gov/programs/wq/stormwater/municipal/StrmwtrMan.html. Information is also available by contacting Ecology's Federal Permit staff. 8. State Certification for PCNs not receiving 45-day response.In the event the U.S.Army Corps of Engineers does not respond to a complete pre-construction notification within 45 days,the applicant must contact Ecology for Individual 401 review. 17 F. STATE 401 CERTIFICATION SPECIFIC CONDITIONS FOR THIS NWP: Certified,subject to conditions. Permittee must meet Ecology 401 General Conditions. Individual 401 review is required for projects or activities authorized under this NWP if: 1. The project or activities are below the OHWM with new work being proposed outside the original footprint. 2. The proposed project or activity increases the original footprint of the structure by more than 1/10"'acre in wetlands. Note 1: "Original footprint"refers to the configuration of the structure or filled area within the last two years. Note 2:This may include causing surrounding wetlands to be drained. 1 The project or activity includes adding a new structure,such as a weir,flap gate/tide gate,or culvert to the site. G. EPA 401 CERTIFICATION GENERAL CONDITIONS: A.Any activities in the following types of wetlands and waters of the United States will need to apply for an individual 401 certification: Mature forested wetlands, bogs,bog-like wetlands,wetlands in dunal systems along the Washington coast,coastal lagoons,vernal pools,aspen-dominated wetlands,alkali wetlands,camas prairie wetlands,estuarine wetlands, including salt marshes,and marine waters with eelgrass or kelp beds. B.A 401 certification determination is based on the project or activity meeting established turbidity , levels.The EPA will be using as guidance the state of Washington's water quality standards [WAC 173- 201a]and sediment quality standards[WAC 173-204].Projects or activities that are expected to exceed these levels or that do exceed these levels will require an individual 401 certification. The water quality standards allow for short-term turbidity exceedances after all necessary Best Management Practices have been implemented(e.g.,properly placed and maintained filter fences,hay bales and/or other erosion control devices,adequate detention of runoff to prevent turbid water from flowing off-site,providing a vegetated buffer between the activity and open water,etc.),and only up to the following limits: Wetted Stream Width at Discharge Point Approximate Downstream Point for Determining Compliance Up to 30 feet 50 feet >30 to 100 feet 100 feet >100 feet to 200 feet 200 feet >200 feet 300 feet LAKE,POND,RESERVOIR Lesser of 100 feet or maximum surface dimension C.401 certification of projects and activities under NWPs will use Washington State Department of Ecology's most recent stormwater manual or an EPA approved equivalent manual as guidance in meeting water quality standards. 18 D.For projects and activities requiring coverage under an NPDES permit,certification is based on compliance with the requirements of that permit Projects and activities not in compliance with NPDES requirements will require individual 401certification. E.Individual 401certification is required for projects or activities authorized under NWPs if the project will discharge to a waterbody on the list of impaired waterbodies(the 303(d)List)and the discharge may result in further exceedance of a specific parameter the waterbody is listed for.The EPA shall make this determination on a case-by-case basis. For projects or activities that will discharge to a 303(d)-listed waterbody that does not have an approved Total Maximum Daily Load(TMDL)or an approved water quality management plan,the applicant must provide documentation for EPA approval showing that the discharge will not result in further exceedance of the listed contaminant or impairment. For projects or activities that will discharge to a 303(d)-listed waterbody that does not have an approved TMDL,the applicant must provide documentation for EPA approval showing that the discharge is within the limits established in the TMDL.The current list of 303(d)-listed waterbodies in Washington State will be consulted in making this determination and is available on Ecology's web site at: www.ecy.wa.gov/programs/wq/303dt2012/index.html The EPA may issue 401 certification for projects or activities that would result in further exceedance or impairment if mitigation is provided that would result in a net decrease in listed contaminants or less impainnent in the waterbody.This determination would be made during individual 401 certification review. F.For projects requiring individual 401 certification,applicants must provide the EPA with the same documentation provided to the Cotps,(as described in Corps'National General Condition 31,Pre- Construction Notification),including,when applicable: (a) A description of the project,including site plans,project purpose,direct and indirect adverse environmental effects the project would cause,any other U.S,Department of the Army permits used or intended to use to authorize any part of the proposed project or any related activity. (b) Delineation of special aquatic sites and other waters of the United States.Wetland delineations must be prepared in accordance with the current method required by the Corps. (c) A statement describing how the mitigation requirement will be satisfied.A conceptual or detailed mitigation or restoration plan may be submitted. (d) Other applicable requirements of Corps National General Condition 31,Corps Regional Conditions,or notification conditions of the applicable NWP. A request for individual 401 certification-review is not complete until the EPA receives the applicable documents noted above and the EPA has received a copy of the final authorization letter from the Corps providing coverage for a proposed project or activity under the NWP Program. G.No activity, including structures and work in navigable waters of the United States or discharges of dredged or fill material,may consist of unsuitable material(e.g.,trash,debris,car bodies,asphalt,etc.) and material used for construction or discharged must be free from toxic pollutants in toxic amounts(see Section 307 of the Clean Water Act). 19 H.An individual 401 certification is based on adequate compensatory mitigation being provided for aquatic resource and other water quality-related impacts of projects or activities authorized under the NWP Program. A 401 certification is contingent upon written approval from the EPA of the compensatory mitigation plan for projects and activities resulting in any of the following: • impacts to any aquatic resources requiring special protection(as defined in EPA General Condition A or Corps General Regional Condition 1) • any impacts to tidal waters or non-tidal waters adjacent to tidal waters(applies to NWP 14) • Or,any impacts to aquatic resources greater than''/acre. Compensatory mitigation plans submitted to the EPA shall be based on the Joint Agency guidance provided in Wetland Mitigation in Washington State, Parts 1 and 2(Ecology Publication#06-06-01 la and#06-06-011b)and shall,at a minimum, include the following: (1) A description of the measures taken to avoid and minimize impacts to wetlands and other waters of the U.S. (2)The nature of the proposed impacts(i.e.,acreage of wetlands and functions lost or degraded) (3)The rationale for the mitigation site that was selected (4)The goals and objectives of the compensatory mitigation project (5)How the mitigation project will be accomplished,including proposed performance standards for measuring success(including meeting planting success standard of 80 percent survival after five years),evidence for hydrology at the mitigation site,and the proposed buffer widths; (6)How it will be maintained and monitored to assess progress towards goals and objectives. (7)Completion and submittal of an"as-built conditions report"upon completion of grading, planting and hydrology establishment at the mitigation site; (8)Completion and submittal of monitoring reports at years 3 and 5 showing the results of monitoring for hydrology,vegetation types,and aerial cover of vegetation. (9)For forested and scrub-shrub wetlands, 10 years of monitoring will often be necessary. (10)Documentation of legal site protection mechanism(covenant or deed restriction)to show how the compensatory mitigation site will be legally protected for the long-term. I.An individual 401 certification is required for any activity where temporary fill will remain in wetlands or other waterbodies for more than 90 days.The 90 day period begins when filling activity starts in the wetland or other waterbody. J.An individual 401 is required for any proposed project or activity in waterbodies on the most current list of the following Designated Critical Resource Waters(per Corps General Condition 22). K.An individual 401 certification is required for any proposed project that would increase permanent, above-grade fill within the 100-year floodplain(including the floodway and the flood fringe). [Note:The 100-year floodplain is defined as those areas identified as Zones A,A1-30,AE,AH, AO,A99,V,VI-30,and VE on the most current Federal Emergency Management Agency Flood Rate Insurance Maps,or areas identified as within the 100-year floodplain on applicable local Flood Management Program maps.The 100-year flood is also known as the flood with a 100-year recurrence interval,or as the flood with an exceedance probability of 0.01.] 20 H. EPA 401 CERTIFICATION SPECIFIC CONDITIONS FOR THIS NWP: Partially denied without prejudice. Permittee must meet EPA 401 General Conditions. An individual 401. certification is required for projects authorized under this NWP if: 1. The project or activity would extend beyond the original project footprint(either along the shoreline or below MHHW or OHWM),or 2. Any activity requiring excavation or dredging in open water. 1. COASTAL ZONE MANAGEMENT CONSISTENCY RESPONSE FOR THIS NWP: Concur,subject to the following condition: When individual 401 review is triggered,a CZM Certificate of Consistency form must be submitted for project located within the 15 coastal counties(See State General 401 Condition 3 (Notification)). 21 - I cppvs of 'a' CERTIFICATE OF COMPLIANCE ;•, us Army corps WITH DEPARTMENT OF THE ARMY PERMIT of Engineers® j Seattle District Permit Number: NWS-2004-887 Name of Permittee: Cape George Colony Club Date of Issuance: JUN 2 7 2013 Upon completion of the activity authorized by this permit,please check the applicable boxes below,date and sign this certification,and return it to the following address: Department of the Army U.S.Army Corps of Engineers Seattle District,Regulatory Branch Post Office Box 3755 Seattle, Washington 98124-3755 Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with the terms and conditions of your authorization,your permit may be subject to suspension,modification, or revocation. The work authorized by the above-referenced permit has been completed in accordance with the ❑ terms and conditions of this permit. Date work complete: ❑ Photographs and as-built drawings of the authorized work(OPTIONAL,unless required as a Special Condition of the permit). If applicable,the mitigation required (e.g., construction and plantings) in the above-referenced n permit has been completed in accordance with the terms and conditions of this permit(not including future monitoring). Date work complete: ❑ Photographs and as-built drawings of the mitigation(OPTIONAL, unless required as a Special Condition of the permit). 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".'.1'..- •-it 1::. ,14.:lit:•6;„7,- ,.„..iwz.,-§ick- immiumi \\ •.. •;v("3::,.i-"g•::::::kFt.-.7..,. .-:i.,z::::, 48° • -,..- -"''"•`•‘-'1:!''''''=•'•e=1.".• ;-- "`-'-,......`.` . ;,•,..'.....-.:.. . zrp.,,w c....tr.i................-`..:: .: ,aynard",......: 51:0-" se „Lk I .0 11 21,' ,• 1 4.Va .,,i'S."4a. •- '00 g .......,\ , , 4-3i11.-v!,•:.:Z,...:::.:-:,:'•.'''..:;s:i.-,;., 1.;:•," • !.'.,.f. Vicinity Maps Port Townsend is about 3 miles .... from the project site • 1 1 • L ...... ..),...„.: " " .. „ .. , .. . . :;:,,i....,... private,non k CAPE P E „ .„ ....„.. - .. :....:.,. ,. Cape George Colony Club i - GEORGE Cape Gorge Is' propeity - 1 ,,,-Road . ‘4:1,-.• COLONY .---. ,,. , , ,:.i.i.:. ....--.-- •::'•'; • OIV/siONs 1 10 7 -------; „0-7--- .. . ,.,..,.... 2- , /-,./ -. 11: ril .„,--- ., ...... --1' -1111- 1 - - - - ,,... i'•:::.:::'*. : ..f.:9"7.:::\- ---7: J----... .7.. ,,--.5 , , 7: -V--(:".. -:- - if,I--ift-:—ji '''ii.:.., ,.---/7.1- :..'?......:.;....!' NE- . A N.§ :•1 1-'fi.•-;>;`'-..i---2I- i-..,.- .t.. I ,:,........ 1•:74....7--_:,1.-.,,1..L-7.11•---11.-- 4 1-'r ,.- ,.....-.,..-..... -.:- '■,- .......::-..', 111211111 ' I ° . '; ' ,;'‘)-0,--•'V.,-- '''' .., •;..V.‘-`17:1-TROTIA.--S,-.11::::___.• . ..;...;.: .- glitil. 1 - Art ...., A • ,-- .,,,.., ,..Nc.,:i..1_,-.L--r--L-3 _ ;,•.::.;'• N. • ' El -631 c,-,,;\-. -‘, .,f-_,.\Qi.,):-v ,,.,-- ,7„._ 0 ii00 Feet . 2,•••',....).-- 1,'.:"•'-' . NZ- / Es,/ D . „).-.' osc°4 -:,.•-••••:•. . /- •,.non. pi lir. - , :00, idolt NIPS 70( -tog ,.,;.:.:. Project ette ,..... _„ , A , ,-Q- ::::...,. • - N 48 6.113' 5: (2- ?:•:-.••: (— ‘ 4e.,. N..... W 122 53.070' -r: 5010 :::,;:•.,:.. . CAPE GEORGE ' 1 17 "*/ (ki - CAF66@bra5 t OLDNY/ INC ' ti9 I OLP('heORE,Dtl; „,, • . • ?NIA-at erant G144,1111•Gi,&LAY(na, Wstki. ?r)Kt tb1P0,k0 r jettOn C4- - , . SeJtittfYit 19f,15(h Alild ti.061(-MINithalte, WtOrtNiitt'ki lt3176 . ..., tt \A tq- Sigek 1 of 6 ::.. ... . . F L?.O- 3s59 STATE OF WAStiINGTOiN DEPAR T Iv1EN T OF ECOLOGY PO Box 47600 ° Olympia, WA 98504-7600 ° 360-407-6000 711 for Washington Relay Service Persons with a speech disability can call 877-833-6341 February 10, 2014 Cape George Colony Club SEP 1 2 2014 Attn: Mr Arthur R. Burke 61 Cape George Way .; tit'tVt ' Port Townsend WA 98368-9403 RE: Water Quality Certification- Order#10397/Corps Public Notice#NWS-2013-108— Dredging of up to 1,000 cy of sediment from the marina entrance channel for ten years, a one-time dredging of 1,000 cy of material from inside the marina, and experimental removal of 3,000 cy of material to form a catchbasin in Jefferson County, Washington . Dear Mr. Burke: The above-referenced public notice for proposed work in waters of the state has been reviewed in accordance with all pertinent rules and regulations. On behalf of the State of Washington, we certify that the work proposed in the public notice complies with applicable provisions of Sections 301, 302, 303, 306 and 307 of the Clean Water Act, as amended, and other appropriate requirements of State law. This certification is subject to the conditions contained in the enclosed Order and may be appealed by following the procedures described in the Order. If you have any questions concerning the content of this letter, please contact Helen Pressley at (360) 407-6076. • Sincerely, Brenden McFarland, Section Manager Shorelands & Environmental Assistance Program Headquarters Office -Ecology State of Washington by Certified Mail 7010 2780 0000 2503 3815 cc: Darren Habel - Corps Margie Schirato, WDFW • • cD, 0= '' �i Mr.Arthur R.Burke #10397/Corps Public Notice If NWS-2013-108 February 10,2014 ecc: Loree' Randall, Ecology Helen Pressley,Ecology Laura Inouye, Ecology Jeffree Stewart, Ecology DMMP@dnr.wa.gov Ecyrefedpermits @ecy.wa IN THE MATTER OF GRANTING A ) ORDER#10397 WATER QUALITY ) Corps Reference No. INS-2013-108 CERTIFICATION TO ) Dredging of up to 1,000 cy of sediment from the Cape George Colony Club ) marina entrance channel for ten years, dredging in accordance with 33 U.S.C. 1341 ) of 1,000 cy of material from inside the marina, (FWPCA § 401), RCW 90.48.120, RCW ) and experimental removal of 3,000 cy of 90.48.260'and Chapter 173-201A WAC ) material to form a catch-basin in Jefferson County, Washington . • TO: Cape George Colony Club Attn: Mr Arthur R. Burke 61 Cape George Way • • Port Townsend WA 98368 On October 29, 2012 the Cape George Colony Club submitted a Joint Aquatic Resources Permit Application (JARPA) to the Department of Ecology (Ecology)requesting a Section 401 Water Quality Certification. A joint public notice regarding the request was distributed by the Army Corps of Engineers (Corps) for the above-referenced project pursuant to the provisions of Chapter 173-225 WAC on July 22, 2013. This project proposes to continue annual maintenance dredging of up to 1,000 cubic yards (cy) of material from withinfthe marina, to perform a one-time dredge of up to 1,000 cy of material from within the marina, to dredge up to 3,000 cy of material from the north side of the channel for an experimental catch basin to reduce the need for annual channel dredging. All dredged material is proposed to be placed south of the marina channel waterward of the Mean Higher High Water mark (MHHW) on the beach to maintain sediment transport downdrift. In addition, the work includes placing additional rock, up to 438 cy, below the MHHW to raise the existing jetty to a uniform height. The purpose of this project is to maintain adequate marina depths and to protect marina infrastructure: AUTHORITIES: In exercising authority under 33 U.S.C. § 1341,RCW 90.48.120, and RCW 90.48.260, Ecology has examined this application pursuant to the following: 1. Conformance with applicable water quality-based, technology-based, and toxic or pretreatment effluent limitations as provided under 33 U.S.C. §1311, 1312, 1313, 1316, and 1317 (FWPCA § 301, 302, 303, 306 and 307); • Order 410397,Corps No.NGVS-2013-108 Cape George Colony Club Maintenance Dredge February 10,2014 • Page 2 of 8. 2. Conformance with the state water quality standards contained in Chapter 173-201A WAC and authorized by 33 U.S.C. §1313 and by Chapter 90.48 RCW, and with other applicable state laws; and 3. Conformance with the provision of using. all known, available and reasonable methods to prevent and control pollution of state waters as required by RCW 90.4.8.010. • WATER QUALITY CERTIFICATION CONDITIONS: Through issuance of this Order,Ecology certifies that it has reasonable assurance that the activity as proposed and conditioned will be conducted in a manner that will meet the applicable water quality standards and other appropriate requirements of state law. In view of the foregoing and in accordance with 33 U.S.C. § 1341, RCW 90.48.120,RCW 90.48.260, Chapter 173-200 WAC and Chapter 173-201A WAC, water quality certification is granted to the Applicant subject to the conditions within this Order. Certification of this proposal does not authorize the Applicant to exceed applicable state water quality standards (Chapter 173-201A WAC), ground water standards (Chapter 173-200 WAC) or sediment quality standards (Chapter 173-204 WAC). Furthermore, nothing in this certification shall absolve the Applicant from liability for contamination and any subsequent cleanup of surface waters, ground waters or sediments occurring as a result of project construction or operations. • A. General Conditions: • 1. In this Order, the teini"Applicant"shall mean the Cape George Colony Club and its agents, assignees and contractors. 2. All submittals required by this Order shall be sent to Ecology's Headquarters Office, Attn: Federal Permit Coordinator, P.O. Box 47600 Olympia, WA 98504-7600 and/or . hpre461 @ecy.wa.gov. Any submittals shall reference Order#10397 and Corps Reference #NWS-2013-108. • 3. All notifications listed below shall be made via phone to Helen Pressley, 360-407-6076, or e-mail at hpre461 @ecy.wa.gov. These notifications shall be identified with Order #10397 and include the Applicant's name, the project contact, and the contact's phone number. • • a. At least ten(10) days prior to conducting initial in-water work activities for each in- water work window. b. Within at least seven(7) days after completion of the in-water work. 4. Work authorized by this Order is limited to the work described in the Joint Aquatic Resources Permit Application(JARPA) received by Ecology on October 29, 2012, unless otherwise authorized by Ecology. • Order#10397,Corps No.NVS-2013-108 Cape George Colony Club Maintenance Dredge February 10,2014 Page 3 of 8 5. The Applicant shall obtain Ecology review and approval before undertaking any changes to the proposed project that might significantly and adversely affect water quality, other than those project changes required by this Order. 6. Within 30 days of receipt of the updated information, Ecology will determine if the revised project requires anew public notice and Certification or if a modification to this • Order is required. 7. This Order shall be rescinded if the U.S. Army Corps of Engineers does not issue an individual 404 and/or Section 10 permit for the project. • • 8. The Applicant shall send (per A.2.) a copy of the final Section 404 Corps permit to Ecology' Federal Project Manager within two weeks of receiving it from the Corps. 9. The Applicant shall keep copies of this Order on the job site and readily available for reference by Ecology personnel, the construction superintendent, construction managers and lead workers, and state and local government inspectors. 10. Upon Ecology personnel's request, the,Applicant shall provide access to the project site, all staging areas, and mitigation sites for site inspections, monitoring, necessary data , collection, and/or to ensure that conditions of this Order are being met. 11. Nothing in this Order waives Ecology's authority to issue additional orders if Ecology determines that further actions are necessary to implement the water quality laws of the state. Furthermore, Ecology retains continuing jurisdiction to make modifications hereto through supplemental order, if additional impacts due to project construction or operation are identified or if additional conditions are necessary to further protect water quality. 12. In the event of changes or amendments to the state water quality, ground water quality, or sediment standards, or changes in or amendments to the state Water Pollution Control Act(RCW 90.48), or the federal Clean Water Act, Ecology will issue an administrative order to incorporate any such changes or amendments applicable to this project. 13. The Applicant shall ensure that all appropriate project engineers and contractors at the project site have read and understand relevant conditions of this Order and all permits, approvals, and documents referenced in this Order. The Applicant shall provide Ecology a signed statement (see Attaclunent A for an example) froth each project engineer and contractor that they have read and understand the conditions of this Order and the above- referenced permits,plans, documents and approvals. These statements shall be provided to Ecology before construction begins at the project. 14. This Order does not authorize direct, indirect, permanent, or temporary impacts to waters • of the state or related aquatic resources, except as specifically provided for in conditions of this Order. Order#10397,Corps No.NWS-2013-108 • Cape George Colony Club Maintenance Dredge February 10,2014 Page 4 of 8 15. Failure of any person or entity to comply with this Order may result in the issuance of civil penalties or other actions, whether administrative or judicial, to enforce its terms. • 16. This Order will automatically transfer to a new owner or operator if: a. A written agreement between the Applicant and new owner or operator with the specific transfer date of the Order's obligations, coverage, and liability is submitted to Ecology per condition A.2.; b. A copy of this Order is provided to the new owner or operator; and • c. If Ecology does not notify the new Applicant that this Order must be modified to complete the transfer. • B. Water Quality Conditions: • 1. This order does not authorize temporary exceedances of water quality standards beyond • the limits established•in WAC 173-201A-210(1)(e)(i)(D). The area of mixing established for marine waters is a 150 foot radius surrounding the in- water activity. Turbidity occurring outside that zone that is more than 5 nephelometric turbidity units (NTU) over background when the background is 50 NTU or less, or a 10% increase in turbidity when the background turbidity is more than 50 NTU is a violation of the turbidity water quality standard C. Water Quality Monitoring: 1. The Applicant shall regularly monitor visually for turbidity at the point of compliance (150feet) surrounding the dredging activity. • Visible turbidity anywhere at 150 ft point of compliance from the activity and/or the disposal location shall be considered to be an exceedance of the standard. • The amount of the exceedance and the reason for the exceedance shall also be documented and reported.The permit coordinator shall be contacted within 24 hours if an exceedance occurs. • 2. • Turbidity monitoring reports shall be sent weekly to the 401/CZM Federal permit • coordinator. • D. Dredging and Disposal: 1. All dredging is to be done using a land-based excavator and a front end loader conducted during extreme low tides. Additional material will be removed from two shoaled areas in the marina using a small hydraulic suction dredge. This will minimize the in-water activity done. Any change in the use of the type of dredge requires preapproval from Ecology. Order 410397,Corps No.NWS-2013-1 uu Cape George Colony Club Maintenance Dredge February 10,2014 Page 5 of 8 • 2. Approximately 1,000 cy of material will be removed from the entrance channel and deposited down the littoral drift on an adjacent beach. Additional material will be removed from two areas within the marina that have shoaled and will be deposited in the south parking lot to dewater and then it will be deposited on the same beach. Dewatering runoff shall not enter waters of the state without treatment. 3. The Applicant proposes to perform a onetime dredge of up to 1,000 cy of material from within the marina, to dredge up to 3,000 cy of material.from the north side channel as a experimental catch-basin to reduce the need for channel dredging. All material removed would be done during low tides. Material removed would be loaded into trucks and deposited on the same beach where the other sediment has been deposited. • A report shall be prepared and sent to Ecology that includes the proposed plan for the catch-basin,proposed monitoring, and after the test is concluded, an evaluation of the success of the catch-basin at preventing the entrance channel from filling with sediment. 4. Dredging operations shall be conducted in a manner that minimizes the disturbance or siltation of adjacent waters and prevents the accidental discharge of petroleum products, chemicals or other toxic or deleterious substances into waters of the State. 5. Dredged material shall not be stockpiled on a temporary or peimanent basis below the ordinary high water line: 6. During dredging,the Applicant shall have a boat available on site at all times to retrieve debris from the water. • 7. Prior to each.dredging cycle, the Applicant shall contact the DMMP agencies to determine whether additional sediment testing is required. If additional testing is required, no dredging or disposal shall be conducted until the material has been tested and a suitability determination has been issued. This area ranks exclusionary in potential for contamination and the recency determination extends until June 2020. Contact the • DMMO for a possible extension on this permit if necessary. • E. Timing Requirements: 1. All in-water work shall be completed by the work window identified in the most current HPA issued for this project. Any project.change that requires a new or revised HPA should also be sent to Ecology for review. 2. This Order shall remain in effect for a period of 10 years from date of issuance. Continuing this project beyond the 10 year term of this Order will require separate certifications every 10 years. Order#10397,Corps No.NWS-2013-106 Cape George Colony Club Maintenance Dredge February 10,2014 • Page 6 of 8 • F. Notification Requirements: • 1. The Applicant shall provide notice to Ecology's 401/CZM Federal permit coordinator at least 7 days prior to the start of dredging each dredging season and within 14 days after completion of dredging each season. Notification should.be made using all the _ information required in Condition A2. G. Emergency/Contingency Measures: • 1. The Applicant shall develop a spill prevention and containment plan for this.project, and shall have spill cleanup materials and an emergency call list available on site. 2. Any work that is out of compliance with the provisions of this Order, or conditions causing distressed or dying fish, or any discharge of oil, fuel, or chemicals into state waters, or onto land with a potential for entry into state waters, is prohibited. If these occur, the Applicant or operator shall immediately take the following actions: a. Cease operations that are causing the compliance problem. • b. Assess the cause of the water quality problem and take appropriate measures to correct the problem and/or prevent further environmental damage. c. In the event of finding distressed or dying fish,the applicant shall collect fish . specimens and water samples in the affected area within the first hour of the event. These samples shall be held in refrigeration or on ice until the applicant is instructed by Ecology on what to do with them. Ecology may require analyses of • these samples before allowing the work to resume. d. In the event of a discharge of oil, fuel, or chemicals into state waters, or onto land with a potential for entry into state waters, containment and cleanup efforts shall begin immediately and be completed as soon as possible,taking precedence over normal work. Cleanup shall include proper disposal of any spilled material and used cleanup materials. e. Immediately notify Ecology's 24-Hour Spill Response Team at 1-800-258-5990, . and within 24 hours of spills.or other events Ecology's 401/CZM Federal permit coordinator at(360)407-6076. f. Submit a detailed written report to Ecology within five (5) days that describes the nature of the event, corrective action taken and/or planned, steps to be taken to prevent a recurrence, results of any samples taken, and any other pertinent information. 3. Fuel hoses, oil drums, oil or fuel transfer valves and fittings, etc., shall be checked regularly for drips or leaks, and shall be maintained and stored properly to prevent spills into state waters, including wetlands. 4. If at any time during work the proponent finds buried chemical containers, such as drums, or any unusual conditions indicating disposal of chemicals, the proponent shall immediately notify Ecology using the above phone numbers. Order 410397,Corps No.NWS-2013-108 Cape George Colony Club Maintenance Dredge February 10,2014 Page 7 of 8 • (YOUR RIGHT TO APPEAL • = — — — — — -- You have a right to appeal this Order to the Pollution Control Hearing Board (PCHB) within 30 days of the date of receipt of this Order. The appeal process is governed by Chapter 43.21B RCW and Chapter 371-08 WAC. "Date of receipt" is defined in RCW 43.21B.001 (2). To appeal you must do both of the following within 30 days of the date of receipt of this Order: . • File your appeal and a copy of this Order with the PCHB (see addresses below). Filing means actual receipt by the PCHB during regular.business hours. • Serve a copy of your appeal and this Order on Ecology in paper form- by mail or in person. • (See addresses below.) E-mail is not accepted. You must also comply with other applicable requirements in Chapter 43.21B RCW and Chapter 371-08 WAC. . • [ADDRESS AND LOCATION INFORMATION Street Addresses Mailing Addresses Department of Ecology Department of Ecology Attn: Appeals Processing Desk Attn: Appeals Processing Desk 300 Desmond Drive SE PO Box 47608 Lacey, WA 98503 Olympia, WA 98504-7608 Pollution Control Hearings Board Pollution Control Hearings Board 1111 Israel Road SW PO Box 40903 STE 301 Olympia, WA 98504-0903 Tumwater, WA 98501 [CONTACT INFORMATION • . Please direct all questions about this Order to: Helen Pressley Department of Ecology • Headquarters SEA Program PO Box 47600 • Olympia WA 98504-7600 360-407-6076 hpre461 @ecy.wa.gov Order 1110397,Corps No.NWS-2013-1 u0 Cape George Colony Club Maintenance Dredge February 10,2014 Page 8 of 8 IMQRE"INFORMATION Pollution Control Hearings Board Website www.eho.wa. ov/Boards PCHB.aspx Chapter 43.21B RCW-Environmental and Land Use Hearings Office—Pollution Control Hearings Board http://apps.leg.wa.gov/RC W/default.aspx?cite=43.21 E Chapter 371-08 WAC—Practice And Procedure littp://apps.leg.wa.gov/WAC/default.aspx?cite=371-08 Chapter 34.05 RCW—Administrative Procedure Act littp://apps.leg.wa.gov/RCW/default.aspx?cite=34.05 Chapter 90.48 RCW—Water Pollution Control http://apps.leg.wa.gov/RCW/default.aspx?cite=90.48 Chapter 173.204 WAC—Sediment Management Standards www.ecy.wa.gov/biblio/wac173204.html Chapter 173-201A WAC—Water Quality Standards for Surface Waters of the State of Washington www.ecy.wa.gov/biblio/wac173201A.html SIGNATURE — Dated this 10th day of February, 2014 at the Department of Ecology, Lacey Washington Brenden McFarland, Section Manager Shorelands &Environmental Assistance Program Headquarters Office—Ecology State of Washington • • ATTACHMENT A • • • Cape George Colony Club Maintenance Dredge Water Quality Certification Order#10397 • Statement of Understanding of Water Quality Certification Conditions I have read and understand the conditions of Order#10397 Section 401 Water Quality Certification for the Cape George Colony Club Maintenance Dredge. I have also read and understand all permits, plans, documents, and approvals associated with the project referenced in this order. • 6/A Signature Date Print Name .Co fnpany • Title / • • • • • • Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.151-See appeal process at end of HPA Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:January 29,2013 Control Number: 129023-1 Project Expiration Date:January 15,2017 FPA/Public Notice#: N/A PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Cape George Colony Club Cape George Colony Club E c E n h E ATTENTION:Arthur Burke ATTENTION:Gary Rossow (J V 61 Cape George Dr 31 N Rhododendron Dr -/ Port Townsend,WA 98368 Port Townsend, WA 98368 MAY 2 7 2014 Fax:360-385-3038 JLIIERSON COUNTY Project Name: Annual Maintenance & Repair of Cape George Marina DEFT OF COMMUNITY DEVELOPMENT Project Description: Maintenance dredge entrance channel. Repair and/or replace utilities, floats and piling. Reinforce marina entrance with sheetpile in front of existing pole bulkhead. PROVISIONS 1. NOTE:This Hydraulic Project Approval(HPA)is issued for routine maintenance activities at a saltwater marina or marine terminal necessary to restore the marina or marine terminal to the conditions in existence on June 6, 1996, or as approved in the initial HPA(as built). This HPA is issued to include installation of entrance seawall, raising the rock jetty height, dredging of shoaled areas in the basin; replacement of dock floats, repair of piling and creation of a sediment bypass basin. 2. Work shall be accomplished per plans and specifications approved by the Washington Department of Fish and Wildlife entitled "Proposed Entrance Channel Dredging & Dock Maintenance" and "Sheet Pile Walls At Cape George" dated October 4, 2012, except as modified by this Hydraulic Project Approval. A copy of these plans shall be available on site during construction. 3. Work below the ordinary high water line shall not occur from February 15 through June 10 of any year for the protection of migrating juvenile salmonids. 4. Work below the ordinary high water line shall not occur from January 15 through April 30 of any year for the protection of herring spawning beds. 5. This HPA is for repair or replacement of the existing marina structures only and shall not result in expansion of the marina structures. NOTIFICATION REQUIREMENTS: 6. The permittee or contractor shall notify the local Area Habitat Biologist(AHB)at least fourteen (14)working days prior to the start of dredging and pile driving. Page 1 of 7 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.151-See appeal process at end of HPA Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:January 29,2013 Control Number: 129023-1 Project Expiration Date:January 15,2017 FPA/Public Notice#: N/A 7. If at any time,as a result of project activities,fish are observed in distress or a fish kill occurs, or water quality problems develop, immediate notification shall be made to the Washington Military Department's Emergency Management Division at 1-800-258-5990 and the Area Habitat Biologist listed below. 8. REPORTING REQUIREMENT: The permittee or contractor shall submit to the WDFW Habitat Biologist list below,a calendar year annual report of all maintenance activities performed under this Hydraulic Project Approval by January 31 of the following year or in the final year of the HPA,within 30 days after the expiration date. An annual report is also required if no work is performed. At any time if problems are,experienced with implementation of this HPA,either the permittee or WDFW may request a joint review meeting. The annual report shall include: a. General: Reporting agency, contact person,address, telephone number, date of report, time period; b, Summary:The control number for the HPA,total number of individual projects; c. Problem(s)encountered: Provision violation, notification, corrective action, impacts to fish life and water quality from problem; d. Recommendations for improvement to BMPs and mitigation; e. List of individual projects completed: Location, brief description of each maintenance activity performed, and date each activity occurred. MARINE HABITAT FEATURES: 9. Eelgrass and kelp shall not be adversely impacted due to any project activities(e.g., barge shall not ground, anchors or spuds shall not be deployed, equipment shall not operate, and other project activities shall not occur in eelgrass and kelp), 10. Removal or destruction of overhanging bankline vegetation shall be limited to that necessary for the construction of the project. 11. Intertidal wetland vascular plants, such as pickleweed or saltgrass, shall not be adversely impacted due to project activities (e.g., barge shall not ground,anchors or spuds shall not be deployed,equipment shall not operate,and other activities shall not occur in intertidal wetland vascular plants). 12. All natural habitat features on the beach larger than 12 inches in,diameter,including trees, stumps, logs, and large rocks, shall be retained on the beach following construction. These habitat features may be moved during construction if necessary. Logs and stumps shall be secured during temporary placement to remain on the beach. WATER QUALITY: 13. Fresh concrete or concrete by-products shall be prevented from entering waters of the state. All forms for any concrete shall be completely sealed to prevent leaching of wet concrete. Impervious materials shall be placed over any exposed concrete not lined with forms that will come in contact Page 2 of 7 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.151-See appeal process at end of HPA Montesano,WA 98563 '" WILDLIFE (360)249-4628 Issue Date:January 29,2013 Control Number: 129023-1 Project Expiration Date:January 15,2017 FPA/Public Notice#: N/A with state water. Form and impervious materials shall remain in place until concrete is cured. 14. No petroleum products or other deleterious materials shall enter state waters. 15. Trash, waste, chemically treated wood treated, or other deleterious materials resulting from construction shall not be burned below the ordinary high water line. Limited burning of untreated wood or similar material may be allowed at or above the mean higher high water line. 16. Erosion control methods shall be used to prevent silt-laden water from entering waters of the state. These may include, but are not limited to, straw bales, filter fabric, temporary sediment ponds, check dams of pea gravel-filled burlap bags or other material, and/or immediate mulching of exposed areas. ALSO APPLY TO PIERS, RAMPS AND FLOATS: 17. The existing structures to be replaced placed shall be removed and disposed of at an approved site, unless relocation within waters of the state is authorized under a separate HPA. 18. Replacement piers greater than six feet in width shall have grating installed on at least 50 percent of the surface area of the structure. Replacement ramps shall have grating covering 100 percent of the surface area of the structure. Replacement floats greater than six feet in width shall have grating installed on at least 50 percent of the surface area of the structure. Floatation shall be located under a solid decked area only. Grating shall contain at least 60 percent open area. The grated area should not be used for storage purposes. 19. Replacement floats,and associated anchoring systems shall be deployed in such a manner the bed is not damaged. BULKHEAD CONSTRUCTION: 20. Beach area depressions created during project activities shall be reshaped to preproject beach level upon project completion. 21. All trenches, depressions, or holes created in the beach area shall be backfilled prior to inundation by tidal waters. Trenches excavated for the bulkhead may remain open during construction. However fish shall be prevented from entering such trenches. 22. Project activities shall not occur when the project area, including the work corridor(excluding the area occupied by a grounded barge), is inundated by tidal waters. 23. The waterward face of the sheetpile bulkhead shall be placed immediately waterward of and directly abutting the existing timber bulkhead and shall not encroach waterward of the existing bulkhead further than the thickness of the sheetpile wall. Page 3 of 7 -,- Washington Department of HYDRAULIC PROJECT APPROVAL FISH and RCW 77.551 51-See appeal process at end of HPA WILDLIFE o Coastal 48 Devonshire Road Montesano,WA 98563 (360)249-4628 Issue Date:January 29,2013 Control Number: 129023-1 Project Expiration Date:January 15,2017 FPA/Pubiic Notice#: N/A 24. The following sound attenuation methods shall be required for the driving or proofing steel piles with an impact hammer below the ordinary high water line: a. For steel piles, 10 inches in diameter or less, a 6 inch thick wood block shall be installed between the piling and the impact hammer during pile driving operations or a bubble curtain shall be installed around the pile during pile driving operations. b. For steel piles greater than 10 inches in diameter, a bubble curtain shall be installed around the pile during pile driving operations. 25. Use of equipment on the beach shall be held to a minimum, confined to a single access point, and limited to a 25-foot work corridor waterward of the bulkhead. Construction materials shall not touch the beach outside this work corridor. 26. Piling removed shall be fully extracted and disposed upland such that they do not enter waters of the state. 27. Replacement pilings shall be Ammoniacal Copper Zinc Arsenate (ACZA e.g. Chemonite)pilings treated at 1.5 pounds per cubic foot, steel, concrete or recycled plastic. 28.A vibratory hammer shall be used to install steel piling including proofing. This HPA authorizes impact and/or vibratory driving for Ammoniacal Copper Zinc Arsenate(ACZA e.g. Chemonite) pilings treated at 1.5 pounds per cubic foot, concrete or recycled plastic only ALSO APPLY IF TREATED WOOD IS USED: 29. All piling, lumber,and other materials treated with preservatives shall be sufficiently cured to minimize leaching into the water or bed. 30.All lumber to be used for the project shall meet or exceed the standards established in the most recent version of'Best Management Practices For the Use of Treated Wood in Aquatic and Wetland Environments'developed by the Western Wood Preservers Institute,Wood Preservation Canada, Southern Pressure Treaters'Association, and Southern Forest Products Association.As of January, 2012,the latest version is dated November 1, 2011. 31. Sawdust,drillings, and trimmings from treated wood shall be contained with tarps or other impervious materials and prevented from contact with the beach, bed or waters of the state. 32. Structures built of treated wood shall incorporate features, such as steel, plastic or rubber collars, fendering or other systems to prevent or minimize the abrasion of the treated wood by floats, ramps or vessels. Page 4 of 7 1> Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.151-See appeal process at end of HPA Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:January 29,2013 Control Number: 129023-1 Project Expiration Date:January 15,2017 FPA/Public Notice#: N/A 33. Floatation for floats shall be fully enclosed and contained or constructed to prevent the breakup or loss of the floatation material into the water and shall not readily be subject to damage by ultraviolet radiation and abrasion caused by rubbing against piling and/or waterborne debris. ALSO APPLY WHEN DREDGING IS USED: 34. Dredging shall be limited to that needed to restore (maintain)the marina to the depth contours approved in HPA WDFW Log Number 00-E2210-03. 35. Project activities shall not occur when the project area is inundated by tidal waters to the greatest extent possible. 36. A clamshell dredge(bucket)shall be used for dredging the outer channel and marina entrance. Each pass of the clamshell dredge bucket shall be complete. 37. Equipment(i.e. excavator) used for this project may operate below the ordinary high water line, provided the drive mechanisms(wheels, tracks, tires, etc.) shall operate in the dry to the greatest extent possible. 38. Equipment(i.e. excavator) used for this project shall be free of external petroleum-based products while working around the water. Accumulation of soils or debris shall be removed from the drive mechanisms(wheels, tires, tracks, etc.)and undercarriage of equipment prior to its working below the ordinary high water line. Equipment shall be checked daily for leaks and any necessary repairs shall be completed prior to commencing work activities along the water. 39. Clean sandy or gravelly dredged materials shall be used for beach nourishment. The material shall be spread along the - 365 linear foot jetty between the MLLW and +4 ft. MLLW to a uniform depth. PROJECT LOCATIONS Location#1 Cape George Colony Club WORK START: June 10, 2013 IWORK END: January 15, 2017 WRIA: Waterbody: Tributary to: 17.9060 Wria 17 Marine Straits 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: SE 1/4 11 30 N 02 W N 48.10186 W 122.88435 Jefferson Location#1 Driving Directions Take Washington Highway 20 North toward Port Townsend;turn left at Four Corners Rd;turn left onto Cape George Rd;turn left on Cape George Dr;turn righrt on North Palmer Drive;then turn left on Marina Dr. Page 5 of 7 1: Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 4 48 Devonshire Road FISH and RCW 77.55.151-See appeal process at end of HPA Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:January 29,2013 Control Number: 129023-1 Project Expiration Date:January 15,2017 FPA/Public Notice#: N/A APPLY TO ALL HYDRAULIC PROJECT APPROVALS This Hydraulic Project Approval pertains only to those requirements of the,Washington State Hydraulic Code, specifically Chapter 77.55 RCW(formerly RCW 77.20). Additional authorization from other public agencies may be necessary for this project. The person(s)to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies(local,state and/or federal)that may be necessary for this project. This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person(s)to whom this Hydraulic Project Approval is issued and operator(s)performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s)to whom this Hydraulic Project Approval is issued and operator(s)performing the work may be held liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day and/or a gross misdemeanor charge,possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued under RCW 77.55.021 are subject to additional restrictions,conditions,or revocation if the Department of Fish and Wildlife determines that changed conditions require such action.The person(s)to whom this Hydraulic Project Approval is issued has the right to appeal those decisions.Procedures for filing appeals are listed below. MINOR MODIFICATIONS TO THIS HPA:You may request approval of minor modifications to the required work timing or to the plans and specifications approved in this HPA.A minor modification to the required work timing means up to a one-week deviation from the timing window in the HPA when there are no spawning or incubating fish present within the vicinity of the project.You may request subsequent minor modifications to the required work timing.A minor modification of the plans and specifications means any changes in the materials,characteristics or construction of your project that does not alter the project's impact to fish life or habitat and does not require a change in the provisions of the HPA to mitigate the impacts of the modification.Minor modifications do not require you to pay additional application fees or be issued a new HPA.To request a minor modification to your HPA,submit a written request that clearly indicates you are requesting wminor modification to an existing HPA.Include the HPA number alld.a description of the requested change and send by mail to:Washington Department of Fish and Wildlife,PO Box 43234,Olympia, Washington 98504-3234,or by email to HPAapplications @dfw.wa.gov. Do not include payment with your request. You should allow up to 45 days for the department to process your request. MAJOR MODIFICATIONS TO THIS HPA:You may request approval of major modifications to any aspect of your HPA. Any approved change other than a minor modification to your HPA will require issuance of a new HPA.If you paid an application fee for your original HPA you must include payment of$150 with your written request or request billing to an account previously established with the department. If you did not pay an application fee for the original HPA,no fee is required for a change to it.To request a major modification to your HPA,submit a written request that clearly indicates you are requesting a major modification to an existing HPA. Include the HPA number,check number or billing account number,and a description of the requested change.Send your written request and payment,if applicable,by mail to: Washington Department of Fish and Wildlife,PO Box 43234,Olympia,Washington 98504-3234.if you are charging the fee to a billing account number or you are not subject to the fee,you may email your request to HPAapplications@dfw.wa.gov.You should allow up to 45 days for the department to process your request. APPEALS INFORMATION Page 6 of 7 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.151-See appeal process at end of HPA Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:January 29,2013 Control Number: 129023-1 Project Expiration Date:January 15,2017 FPA/Public Notice#: N/A If you wish to appeal the issuance,denial,conditioning,or modification of a Hydraulic Project Approval(HPA), Washington Department of Fish and Wildlife(WDFW)recommends that you first contact the department employee who issued or denied the HPA to discuss your concerns.Such a discussion may resolve your concerns without the need for further appeal action. If you proceed with an appeal,you may request an informal or formal appeal.WDFW encourages you to take advantage of the informal appeal process before initiating a formal appeal.The informal appeal process includes a review by department management of the HPA or denial and often resolves issues faster and with less legal complexity than the formal appeal process.If the informal appeal process does not resolve your concerns,you may advance your appeal to the formal process.You may contact the HPA Appeals Coordinator at(360)902-2534 for more information. A. INFORMAL APPEALS:WAC 220-110-340 is the rule describing how to request an informal appeal of WDFW actions taken under Chapter 77.55 RCW.Please refer to that rule for complete informal appeal procedures.The following information summarizes that rule. A person who is aggrieved by the issuance,denial,conditioning,or modification of an HPA may request an informal appeal of that action.You must send your request to WDFW by mail to the Washington Department of Fish and Wildlife HPA Appeals Coordinator,600 Capitol Way North,Olympia,Washington 98501-1091;e-mail to HPAapplications @dfw.wa.gov;fax to(360)902-2946;or hand-delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program,Fifth floor.WDFW must receive your request within 30 days from the date you receive notice of the decision. If you agree,and you applied for the HPA,resolution of the appeal may be facilitated through an informal conference with the WDFW employee responsible for the decision and a supervisor. If a resolution is not reached through the informal conference,or you are not the person who applied for the HPA,the HPA Appeals Coordinator or designee will conduct an informal hearing and recommend a decision to the Director or designee. If you are not satisfied with the results of the informal appeal,you may file a request for a formal appeal. B. FORMAL APPEALS:WAC 220-110-350 is the rule describing how to request a formal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete formal appeal procedures.The following information summarizes that rule. A person who is aggrieved by the issuance,denial,conditioning,or modification of an HPA may request a formal appeal of that action.You must send your request for a formal appeal to the clerk of the Pollution Control Hearings Boards and serve a copy on WDFW within 30 days from the date you receive notice of the decision.You may serve WDFW by mail to the Washington Department of Fish and Wildlife HPA Appeals Coordinator,600 Capitol Way North, Olympia,Washington 98501-1091;e-mail to HPAapplications @dfw.wa.gov;fax to(360)902-2946;or hand-delivery to the Natural Resources Building, 1111 Washington St SE,Habitat Program,Fifth floor.The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal.If there has been an informal appeal,you may request a formal appeal within 30 days from the date you receive the Director's or designee's written decision in response to the informal appeal. C. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS: If there is no timely request for an appeal,the WDFW action shall be final and unappealable. ENFORCEMENT: Sergeant Anderson (47) P2 Habitat Biologist for Director Margie Schirato 360-427-2179 WDFW CC: Page 7 of 7 ,13T O "411' �+ DEPARTMENT OF THE ARMY /- ��I/� �Mx SEATTLE DISTRICT,CORPS OF ENGINEERS iQlkl � �, P.O. BOX 3755 SEATTLE,WASHINGTON 98124-3755 4� ,i0 REPLY TO ST4TES OF AT TENT ION OF JUN - 6 2014 Regulatory Branch r`.f L SEP 12 2q14 Mr. Art Burke _ Cape George Colony Club 61 Cape George Drive Port Townsend, Washington 98368 Reference: NWS-2013-108 Cape George Colony Club Dear Mr. Burke: Enclosed is a Department of the Army permit which authorizes performance of the work described in your referenced application. You are cautioned that any change in the location or plans of the work will require submittal of revised plans to this office for approval prior to accomplishment. Deviation from the approved plans may result in imposition of criminal or civil penalties. Your attention is drawn to General Condition 1 of the permit which specifies the expiration date for completion of the work. Upon completing the authorized work, please fill out and return the enclosed Certificate of Compliance with Department of the Army Permit faun. We are interested in your experience with our Regulatory Program and encourage you to complete a customer service survey form. This form and information about our program is available on our website at: www.nws.usace.army.mil select"Regulatory Branch, Permit Information" and then"Contact Us." If you have any questions please contact Mr. Darren Habel at darren.habel @usace.army.mil or at(206) 764-6883. Sincerely, .1 j KvtiLzi___, 4r Michelle Walker Chief, Regulatory Branch Enclosures y0,0'S OFF CERTIFICATE OF COMPLIANCE I 4 \r9 t lllc US Army Corps WITH DEPARTMENT OF THE ARMY PERMIT of Engineers e i a� Seattle District Permit Number: NWS-2013-108 Name of Permittee: Cape George Colony Club Date of Issuance: Upon completion of the activity authorized by this permit, please check the applicable boxes below, date and sign this certification, and return it to the following address: Department of the Army U.S. Army Corps of Engineers Seattle District, Regulatory Branch Post Office Box 3755 Seattle, Washington 98124-3755 Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with the terms and conditions of your authorization, your project is subject to suspension, modification, or revocation. The work authorized by the above-referenced permit has been completed in accordance with the terms and conditions of this permit. Date work complete: Photographs and as-built drawings of the authorized work are attached. { If applicable, the mitigation required (not including monitoring(e.g., construction and plantings) in the above-referenced permit has been completed in accordance with the terms and conditions of this permit. Date work complete: I Photographs and as-built drawings of the mitigation are attached. Printed Name: Signature: Date: DEPARTMENT OF THE ARMY PERMIT Permittee: Cape George Colony Club 61 Cape George Drive Port Townsend, Washington 98368 Permit No: NWS-2013-108 Issuing Office: Seattle District NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the U.S. Army Corps of Engineers (Corps) having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: Perform annual maintenance dredging of up to 1,000 cubic yards (cy) per year of sediment from the marina entrance channel by excavator at low tide to a depth of-3.5 Mean Lower Low Water(MLLW)for the next 10 years, and suction dredge up to 1,000 cy of material one time from the marina to a depth of-5 MLLW. All dredged material will be placed on the beach south of the marina entrance channel waterward of Mean Higher High Water(MHHW) mark to maintain sediment transport of the north-to-south littoral drift. The work also includes placing up to 438 cy of rock waterward of MHHW to raise the existing rock jetty to its original height. All work will be conducted in accordance with the plans and drawings dated October 4, 2012, attached hereto, which are incorporated in and made a part of this permit. The purpose of the project is to maintain adequate moorage and navigation depths. Project Location: In Discovery Bay, Puget Sound, near Port Townsend, Jefferson County, Washington. Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on JUN O 6 2024 . If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least 1 month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in accordance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification to this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. Cape George Colony Club NWS-2013-108 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. 7. After a detailed and careful review of all the conditions contained in this permit, the permittee acknowledges that, although said conditions were required by the Corps, nonetheless the permittee agreed to those conditions voluntarily to facilitate issuance of the permit; the permittee will comply fully with all the terms of all the permit conditions. Special Conditions: a. You must provide a copy of the permit transmittal letter, permit form, and drawings to all contractors performing any of the authorized work. b. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. c. You must implement the Endangered Species Act(ESA) requirements and/or agreements set forth in the Cape George Colony Club Dredging and Marina Maintenance Project, Army Corps of Engineers Reference Number 2004-00887, Biological Evaluation, dated February 9, 2005, and the addenda, dated February 11, 2011, and April 24, 2013, in their entirety. The U.S. Fish and Wildlife Service (USFWS) concurred with a finding of"may affect, not likely to adversely affect" based on this document on June 24, 2013 (USFWS Reference#01 EWFW00-2013-I-0343). The National Marine Fisheries Service (NMFS) concurred with a finding of"may affect, not likely to adversely affect" based on this document on May 28, 2013 (NMFS Reference Number NWR-2013-10124). Both agencies will be informed of this permit issuance. Failure to comply with the commitments made in this document constitutes non-compliance with the ESA and your Corps permit. The USFWS and NMFS are the appropriate authorities to determine compliance with ESA. d. In order to protect Chinook salmon and bull trout, the permittee may conduct the authorized activities from June 10 through February 15 in any year this permit is valid. The permittee shall not conduct work authorized by this permit from February 16 through June 9 in any year this permit is valid. e. The United States Coast Guard (USCG) must be notified by email at D13-PF-LNM @uscg.mil at least 14 days prior to commencing dredging operations so project information can be issued in the Local Notice to Mariners. Notification to the USCG must include the radio frequencies/channels the dredger will be monitoring so any vessel in the area can contact the dredger if needed. f. You must have a copy of this permit available on the equipment used for the authorized transportation and disposal of the dredged material. g. All deviations from the authorized dredging footprint or depths must be reported to the Regulatory Branch project manager within 24 hours of discovery. h. Plotted results of the post-dredge bathymetric survey must be submitted to the Dredged Material Management Office in PDF format within 30 days of completion of dredging. Results must clearly display 2 Cape George Colony Club NWS-2013-108 the post-dredge sediment surface in relation to the permitted dredge boundary and depth, as well as the location of project features such as docks, wharfs and other landmarks. The vertical datum must be clearly indicated. Full bathymetric survey data must be submitted by the permittee upon request. Further Information: 1. Congressional Authorities. You have been authorized to undertake the activity described above pursuant to: ® Section 10 of the Rivers and Harbor Act of 1899 (33 United States Code (U.S.C.) 403). ® Section 404 of the Clean Water Act(33 U.S.C. 1344). • ❑ Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.0 1413). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, State, or local authorization required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to•the permitted project or uses thereof as a result of other permitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data. The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require include, but are not limited to, the following: a. You fail to comply with the terms and conditions of the permit. b. The information provided by you in support of your application proves to have been false, incomplete, or inaccurate (See 4 above). 3 Cape George Colony Club NWS-2013-108 c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 Code of Federal Regulations (CFR), Part 325.7 or enforcement procedures such as those contained in 33 CFR, Parts 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR, Part 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. ,. ",,/1--mot Art Burke (DATE) Manager, Cape George Colony Club This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. Ju ztt truce A. stok (DATE) Colonel, Corps of Engineers District Engineer When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE) (DATE) 4 -...-• 1 - :•:":.. • • 128'0900' ' 1 2220'' • •1.2.?74• 60•' - . . . • • .. . . R.2 V/. . . ; •- ' • . •R.I,I.M. • - . 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Plant Legend: cp 0 0, Saltx hookeriana or -- 0 -211 Salix scouleriana .....- 0 6 6 0 Holodiscus dscolor or 2 Symphocarpus alba or ---, ,.., c , S 0- Lonicera involucata . .,.. - K /tor)— --S* Pines contorta var. contona % l'ir- tt 14 \ t-1/ e Rosa gymnocarpa or _Ty Rosa n LI tkana i 9-1L R•or or co. 4� .4 UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration * . NATIONAL MARINE FISHERIES SERVICE / Northwest Region 'stars ow 7600 Sand Point Way N.E., Bldg. 1 Seattle, Washington 98115 2 Refer to NMFS No: May 28, 2013 NWR-2013-10124 Michelle Walker E C L� a VE I � , Chief,Regulatory Branch +D V Department of the Army Seattle District, Corps of Engineers MAY 2 7 2014 P.O. Box 3755 Seattle,WA 98124-3755 JEFFERSON COUNTY DEPT.OF COMMUNITY DEVELOPMENT Attn: Darren Habel Re: Endangered Species Act Section 7 Informal Consultation and Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation for the Cape George Colony Club Maintenance and Repair in Discovery Bay,Jefferson,Washington (6th Field HUC 171100200102). Dear Ms. Walker: On May 15,2013,the National Marine Fisheries Service (NMFS)received your request for a written concurrence the proposed action is not likely to adversely affect(NLAA) species listed as threatened or endangered or critical habitats designated under the Endangered Species Act (ESA). This response to your request was prepared by NMFS pursuant section 7(a)(2)of the ESA; implementing regulations at 50 CFR 402, and agency guidance for preparation of letters of concurrence.' NMFS also reviewed the proposed action for potential effects on essential fish habitat(EFH) designated under the Magnuson-Stevens Act(MSA), including conservation measures and any determination that you made regarding the potential effects of the action. This review was pursuant to section 305(b) of the MSA,implementing regulations at 50 CFR 600.920, and agency guidance for use of the ESA consultation process to complete EFH consultation.2 This letter is in compliance with section 515 of the Treasury and General Government Appropriations Act of 2001 (Data Quality Act) (44 U.S.C. 3504(d) (1) and 3516), and underwent pre-dissemination review using standards for utility, integrity and objectivity. 'Memorandum from D.Robert Lohn,Regional Administrator,to ESA consultation biologists(guidance on informal consultation and preparation of letters of concurrence)(January 30,2006). 2 Memorandum from William T.Hogarth,Acting Administrator for Fisheries,to Regional Administrators(national finding for use of Endangered Species Act section 7 consultation process to complete essential fish habitat consultations)(February 28,2001). PURR te%Wil l'1474.ENr OF- Consultation History The Army Corps of Engineers (COE)sent a Biological Evaluation(BE)and Memorandum for Services(MFS)to the NMFS for the project referenced above.The COE requested informal consultation and concurrence with the determinations of"may affect,is not likely to adversely affect"for Puget Sound(PS) Chinook salmon,PS steelhead, Southern Resident Killer Whales (SRKW),Puget Sound/Georgia Basin(PS/GB)bocaccio,PS/GB yelloweye rockfish,PS/GB canary rockfish, or designated critical habitat for PS Chinook salmon or SRKW.Additionally, NMFS determined that the project"may affect"Hood Canal(HC) summer-run chum and designated critical habitat for HC summer-run chum. Informal consultation was initiated on May 15,2013.A complete record of this consultation is on file at the Washington State Habitat Office in Lacey, Washington. Description of the Proposed Action and the Action Area The COE is proposing to permit a 5 year maintenance plan for the Cape George Colony Club marina,under authority of the Rivers and Harbor Act. This maintenance includes: - Dredging of up to 1000 cubic yards annually of sediment from the channel to the marina; Dredging of 1000 cubic yards from the marina; - Dredging of 3000 cubic yards from the north side of the channel as a catch basin to reduce the need for channel dredging; - Repair of existing creosote treated piles with fiberglass sheaths and epoxy,or concrete; - Replacement of degraded Styrofoam floats with hard-plastic-encased foam floats; - Adding additional rock to the top of the existing rock jetty;and, - The installation of metal sheet piles in front of the existing breakwater. Dredge spoils from dredging and excavation will be placed immediately down-drift of the marina along the beach in order to maintain sediment transport within the drift cell. The new sheet piles will be installed with a vibratory hammer, either by equipment from the upland or via barge mounted equipment. Increased sound and project effects are expected to be contained within the marina and within a narrow band of water with direct line of site from the breakwater. All in-water work will occur between July 16 and February 15 in order to avoid times when ESA-listed fish species are likely to be in the action area Dredging and excavation may also occur in June,but will be conducted in the dry. The action area does not include any documented forage fish spawning locations,but does include submerged aquatic vegetation which is not expected to be affected by the proposed action. Action Area The action area includes all waters within the marina as defined by the breakwater, all areas within line of site from pile driving activities, and the area within 100 feet of the dredge disposal 2 site and down current to the end of the drift cell to include areas of increased noise disturbance and sediment migration from the proposed action(approximately 57 acres). The project site is located in Jefferson County, Washington(Lat: 48.101793,Long: -122.884249, 6th Field HUC 171100200102). The nearest natal streams for salmon or steelhead are at the head of Discovery Bay, about seven miles away. HC summer-run chum salmon and steelhead are known to spawn there and may emigrate near the action area. There are no habitat features to attract rearing or migrating salmon and steelhead within the marina. The action area contains designated critical habitat for PS Chinook salmon and HC summer-run chum. Designated salmon critical habitat in Puget Sound is water-ward of the extreme high tide line. That tidal elevation varies by location and is typically about 2.5 to 3.5 feet above mean high water(MHW). At the project site under this review,NMFS has determined the extreme high tide at Discovery Bay (i.e., the highest predicted tide in the 18.6 year tidal cycle)to be 9.3 feet, which is 2.1feet above MHW.Accordingly,NMFS has assessed potential effects on designated critical habitat separate from the regulatory jurisdiction of MHW for Rivers and Harbor Act permitting. ENDANGERED SPECIES ACT Effects Determinations For purposes of the ESA, "effects of the action"means the direct and indirect effects of an action on the listed species or critical habitat,together with the effects of other activities that are interrelated or interdependent with that action(50 CFR 402.02). The applicable standard to find that a proposed action is NLAA listed species or critical habitat is that all of the effects of the action are expected to be discountable, insignificant, or completely beneficial.3 Beneficial effects are contemporaneous positive effects without any adverse effects to the species. Insignificant effects relate to the size of the impact and should never reach the scale where take occurs. Discountable effects are those extremely unlikely to occur. Listed species of fish are unlikely to occur in the action area when in-water work is occurring. Juvenile salmonids are unlikely to be present during the project work window(July 16 to February 15). There is no submerged aquatic vegetation within 50 feet of project activities that would attract juvenile rockfish for rearing,nor are there appropriate depths for adult rockfish. All pile driving for the new metal sheet piles will be done with a vibratory hammer,which has been determined by NMFS to be non-harmful for fish. Increased sound disturbance that could potentially cause behavioral disturbance to marine mammals will be confined to the waters of the marina and a narrow band of waters crossing Discovery Bay that can easily be avoided by marine mammals. 3 U.S.Fish and Wildlife Service and National Marine Fisheries Service. 1998.Endangered Species Act Consultation Handbook:Procedures for Conducting Section 7 Consultations and Conferences.March, 1998.Final.p.3-12. 3 . Dredging and excavation may result in short term,localized increases of suspended sediment. These increases in suspended sediment will not reach levels,extent,or duration sufficient to cause physiological effects on fish. Construction effects from disturbing sediments will not alter water qi rlity in the action area over the long-term.The project may result in minor reductions in benthic productivity from the operation of equipment in the intertidal work zone that would be short-term in duration and highly localized.No long-term changes to the primary or secondary productivity in the action area are likely to result from project activities. Because listed species are very unlikely to be present in the project vicinity,and the potential effects of the project are extremely unlikely to cause injury to listed species,NMFS has determined that the potential for effects on ESA-listed species is insignificant and discountable. The action area for the proposed action contains nearshore critical habitat for PS Chinook salmon,HC summer-run chum, and SRKW.The proposed action will create very short term modifications to water quality through increased turbidity,and noise, and will create short term disturbance to the benthic community from the operation of equipment in the intertidal. These effects on habitat quality are expected to be miniscule in scale and to have no impact on the function of the primary constituent elements of critical habitat for listed species. Additionally, the proposed actions will help maintain the sediment transport of the drift cell by placing the dredge spoils along the beach immediately down-drift of the project site.The proposed action also includes a shoreline planting plan that will increase prey availability for PS Chinook and HC summer-run chum over the long term. Because the proposed action will maintain the existing function of critical habitat,the potential for effects on critical habitat function is insignificant and discountable. Conclusion Based on the above analysis,NMFS concludes that all potential effects of the proposed action are insignificant and discountable, and are not likely to adversely affect the subject ESA listed species or critical habitat. Reinitiation of Consultation Reinitiation of consultation is required and shall be requested by the Federal agency,or by NMFS,where discretionary Federal involvement or control over the action has been retained or is authorized by law and(1)new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered;(2)the identified action is subsequently modified in a manner that causes an effect on the listed species or critical habitat that was not considered in this concurrence letter; or if(3)a new species is listed or critical habitat designated that may be affected by the identified action(50 CFR 402.16). This concludes the ESA portion of this consultation. 4 MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT Federal and other consulting agencies operating under Federal authority are required,under section 305(b)(2) of the MSA and its implementing regulations (50 CFR 600 Subpart K),to consult with NMFS regarding actions that are authorized, funded,or undertaken by that agency that may adversely affect essential fish habitat(EFH). For purposes of the MSA, EFH means "those waters and substrate necessary to fish for spawning,breeding, feeding, or growth to maturity", and includes the associated physical, chemical, and biological properties that are used by fish(50 CFR 600.10), and"adverse effect"means any impact which reduces either the quality or quantity of EFH (50 CFR 600.910(a). Adverse effects may include direct, indirect, site- specific or habitat-wide impacts, including individual, cumulative, or synergistic consequences of actions. If an action would adversely affect EFH,NMFS is required to provide the Federal action agency with EFH conservation recommendations (section 305(b)(4)(A)). This consultation is based, in part, on information provided by the Federal agency and descriptions of EFH for Pacific salmon contained in the Fishery Management Plans developed by the Pacific Fishery Management Council and approved by the Secretary of Commerce. Effects of the Action NMFS determined that the proposed action would adversely affect EFH by creating short term adverse water quality conditions through increased sound energy and turbidity. The project will create modest improvements in EFH by maintaining sediment transport within the drift cell, which is not currently being maintained, and by reducing the rate of leaching from the existing creosote treated pilings. The proposed action also includes the planting of woody plants in the riparian zone that will improve habitat quality and function. The action area includes approximately 57 acres of estuarine and marine nearshore waters. The project area includes habitat which has been designated as EFH for various life stages of coastal pelagic species, Pacific coast groundfish,and Pacific salmon. Essential Fish Habitat Conservation Recommendations Because the conservation measures that the permit a pp lication and COE included as part of the proposed action to address ESA/EFH concerns are adequate to avoid, minimize, or otherwise offset potential adverse effects to EFH, conservation recommendations pursuant to the MSA (section 305(b)(4)(A)) are not necessary. Since the NMFS is not providing conservation recommendations at this time, no 30 day response is from the COE is required(MSA section 305(b)(4(B)). Supplemental Consultation The COE must reinitiate EFH consultation with NMFS if the proposed action is substantially revised in a way that may adversely affect EFH, or if new information becomes available that affects the basis for NMFS' EFH conservation recommendations, 50 CFR 600.920(1). 5 This concludes consultation under the ESA and MSA. If you have questions concerning these consultations,please contact Zach Hughes of the Washington State Habitat Office at 360-753- 6052,or by e-mail at zach.hugh.es@noaa.gov. Sincerely, Or William W. Stelle,Jr. Regional Administrator CC: Art Burk. Cape George Colony Club Marine Surveys&Assessments 6 MAY 272014 CENWS-OD-ME-DMMO l MEMORANDUM FOR: RECORD July 8,2013 SUBJECT: TIER 1 DETERMINATION REGARDING THE SUITABILITY OF DREDGED MATERIAL FOR BENEFICIAL USE FROM CAPE GEORGE MARINA, DISCOVERY BAY,JEFFERSON COUNTY, WASHINGTON. 1. Introduction. This memorandum reflects the consensus Tier 1 determination of the Dredged Material Management Program(DMMP)ages(U.S.Army Corps of Engineers,Washington Departments of Ecology and Natural Resources, and the Environmental Protection Agency) regarding the suitability of dredged material from Cape George Marina for beneficial use. 2. Background. Cape George Colony Club is a private residential community and marina located on Discovery Bay,west of Port Townsend(Figure 1). The entrance channel requires annual dredging to provide adequate depth for access to the marina The source of material accumulating in the entrance channel is erosion from feeder bluffs to the north of the marina. The eroded material, consisting primarily of sand and cobble,is transported toward the marina by north-south littoral drift The accumulated sand and cobble is dredged with a land or beach-operated trade-mourned backhoe or front-end loader at low tide and placed as beach nourishment along the seawall to the south of the entrance channel. Past dredging events have been restriicted to the entrance channel and have consisted of 1,000 cubic yards or less. The DMMP agencies have found this material to be suitable for beneficial use under the Clean Water Act exclusionary criteria. 3. Proposed Dredging. In addition to the normal dredging of the entrance channel(1,000 cubic yards),the Cape George Colony Club proposes to conduct a test dredge of 3,000 cubic yards from the north side of the north jetty(to prevent this material from being transported into the entrance channel)and 1,000 cubic yards from the boat basin itself. Material from the entrance channel and north side of the north jetty will be excavated at extreme low tide and the material hauled to a site south of the marina for beach nourishment Material from the boat basin will be removed with a hydraulic suction dredge,placed on a parking lot south of the marina for dewatering,and then transported to the beach nourishment placement site(Figure 2). 4. Atftycionary Criteria. The CWA Section 404(b)1 Guidelines for Specification of Disposal Sites for Dredged or Fill Material(CFR 40 Section 230.60,subparagraphs a and b) indude exclusionary criteria with regard to testing.The Guidelines state that(1)dredged or fill material is most likely to be free from chemical,biological,or other pollutants where it is composed primarily of sand,gravel,or other naturally occurring inert material.Dredged material so composed is generally found in areas of high current or wave energy such as streams with large bed buds or coastal areas with shifting bars and channels;and(2)the extraction site shall be examined in order to assess whether it is sufficiently removed from sources of pollution to provide reasonable assurance that the proposed discharge material is not a carrier of contaminants(EPA, 1980). Dredged material that meets these two guidelines may be excluded from further testing. Testing may also not be necessary ire the discharge site is adjacent to the excavation site and subject to the same sources of sources of contaminants, and materials at the two sites are substantially similar." The DMMP agencies agreed that the exclusionary criteria continue to apply to material in Cape George Manna DMMP Tier 1 Determination July 8,2013 the entrance channel and the test harvest area north of the north jetty,but were less certain of the material that has settled out within the boat basin. In order to determine the applicability of the exclusionary criteria to the material inside the marina,the dredging proponent was required to conduct some limited sampling and physical testing. 5. Sampling. The DMMP agencies required sampling from the two shoaling areas inside the marina that will be dredged during the next dredging event(see Figure 3). One core sample was collected from Area 1 and two core samples were collected from Area 2. The samples from Area 2 were composited for analysis. 1.5-inch diameter core tubes were driven to a depth of 5 feet with a manually-operated slide-hammer at each of the three sampling stations. The Area 1 and Area 2 samples were submitted to a testing laboratory for analysis of grain size and total organic carbon (TOC). 6. Grain-size and T0C Analysis. The testing results were as follows: Parameter Area 1 Area 2 gravel(%) 0.7 8.9 sand(%) 85.4 80.6 fines content(%): 13.8 10.5 TOC(%): 0.765 0.937 The grain-size analysis showed that the dredged materiel in the boat basin is predominantly sand with low fines content 7. Exclusionary Status Determination.The DMMP agencies have traditionally used 20 percent fines and 0.5%TOC as the upper limits for determining eligibility for exclusionary status.The fines content from the boat basin samples met the grain-size criterion for exclusionary status. The TOC content for the two samples was above 0.5%, however the testing lab found visible traces of woody material in one of the sediment samples. The presence of small amounts of woody material could explain the slightly elevated TOC content With respect to the proximity of Cape George Marina to sources of contamination,as was noted previously,the source of shoaling in the boat basin is eroded material from feeder bluffs to the north of the marina,transported in a drift cell that experiences net north-to-south movement. This drift cell extends from approximately 1.2 miles north of the entrance channel and continues 1.9 miles south of the marina. There are no point sources updrift of the entrance channel,the land cover in this area being a mix of residential and woodlands. The marina has no fueling or boat maintenance facilities. Therefore the DMMP agencies determined that Cape George Marina is sufficiently removed from sources of pollution to provide reasonable assurance that the proposed discharge material is not a carrier of contaminants. In addition to meeting the exclusionary criteria,the proposed dredging operation simply continues the transport of material from north to south within the drift cell,placing like on like'within a small geographic area. In the absence of the marina and entrance channel,this same north-to-south Page 2 of 4 Cape George Marina DMMP Tier 1 Determination July 8,2013 the entrance channel and the test harvest area north of the north jetty, but were less certain of the material that has settled out within the boat basin. In order to determine the applicability of the exclusionary criteria to the material inside the marina,the dredging proponent was required to conduct some limited sampling and physical testing. 5. Sampling. The DMMP agencies required sampling from the two shoaling areas inside the marina that will be dredged during the next dredging event(see Figure 3). One core sample was collected from Area 1 and two core samples were collected from Area 2. The samples from Area 2 were composited for analysis. 1.5-inch diameter core tubes were driven to a depth of 5 feet with a manually-operated slide-hammer at each of the three sampling stations. The Area 1 and Area 2 samples were submitted to a testing laboratory for analysis of grain size and total organic carbon (TOC). 6. Grain-size and TOC Analysis. The testing results were as follows: Parameter Area 1 Area 2 gravel(%) 0.7 8.9 sand(%) 85.4 80.6 fines content(%): 13.8 10.5 TOC(%): 0.765 0.937 The grain-size analysis showed that the dredged material in the boat basin is predominantly sand with low fines content 7. Exclusionary Status Determination.The DMMP agencies have traditionally used 20 percent fines and 0.5%TOC as the upper limits for determining eligibility for exclusionary status.The fines content from the boat basin samples met the grain-size criterion for exclusionary status. The TOC content for the two samples was above 0.5%,however the testing lab found visible traces of woody material in one of the sediment samples. The presence of small amounts of woody material could explain the slightly elevated TOC content. With respect to the proximity of Cape George Manna to sources of contamination,as was noted previously,the source of shoaling in the boat basin is eroded material from feeder bluffs to the north of the marina,transported in a drift cell that experiences net north-to-south movement. This drift cell extends from approximately 1.2 miles north of the entrance channel and continues 1.9 miles south of the marina. There are no point sources updrift of the entrance channel,the land cover in this area being a mix of residential and woodlands. The marina has no fueling or boat maintenance facilities. Therefore the DMMP agencies determined that Cape George Marina is sufficiently removed from sources of pollution to provide reasonable assurance that the proposed discharge material is not a carrier of contaminants. In addition to meeting the exclusionary criteria,the proposed dredging operation simply continues the transport of material from north to south within the drift cell, placing like on likes within a small geographic area. In the absence of the marina and entrance channel,this same north-to-south Page 2 of 4 Cape George Marina DMMP Tier 1 Determination July 8,2013 sediment transport would take place as a result of local hydrodynamic forces. The dredging operation simply keeps the material moving within the littoral drift cell. In summary, the DMMP agencies have determined that dredged material from the Cape George Marina meets the exclusionary criteria under the Clean Water Act and results in like on like' deposition. Therefore,additional chemical testing is not required. 8. Sediment Exposed by Dredging. Based on the exclusionary status of the dredged material, the DMMP agencies believe the probability that the sediment exposed by dredging might have concentrations of chemicals of concern that exceed the Sediment Management Standards Sediment Quality Standards(Ecology, 1995)is very low. The agencies agreed that no testing of the newly exposed sediment is necessary. 9. Project Summary. Table 1 includes project summary and tracking information. Table 1. Project Summary Project ranking (after testing) Exclusionary Dredged volume 5,000 cubic yards Dredged depth Entrance channel: -3.5 feet MLLW Marina:-5.0 feet MLLW SAP received May 21, 2013 SAP approved May 25, 2013 Sampling date June 4, 2013 Data report received July 2, 2013 EIM study ID CGCCM13 USACE Permit Application Number NWS-2013-108 Frequency Determination (7 years) June 2020 10. References. Ecology, 1995. Sediment Management Standards—Chapter 173-204 WAC. Washington State Department of Ecology,December 1995. EPA, 1980.40 CFR Part 230 Section 404(b)(1)Guidelines for Specification of Disposal Sites for Dredged or Fill Material,Environmental Protection Agency, December 1980. Page 3 of 4 Cape George Marina MAP Tta1Determmotton July 8.2813 B. Agency Signatures. Concur: //VI / ' Date David Fox, P.E. -Seattle District Corps of Engineers /-- ' Date Erika Hoffman-EOvinJDV�Nlhg Protection Agency / /�^�/��� /� ' ` - ' i/ / ` ° � -� `'' Date .umInuuye Ph.D.-Washington 14f- of Ecology `2 1 if/,^ � � /�_ /+`-? . � �/ C �_ / /^ - _y_/�(r7='v` Date Celia Barton-Washington Department of Natural Resources Copies furnished: DMMP si nmk>hes Darren Habel, Seattle District Regulatory Gary Rossow, Cape George Colony Club Art Burke,Cape George Colony Club Page 4 of 4 -= '''••••.;•J•'t ' -_,:i _ . _ • 1230r00 1225210' - •122•46•00". R.2 W. . • -R.I E. . - ; - 4.-Vi.,65:11:-E,.r.::••-.-_,,,.,:-.._,;zz4.:::--;,-.71.-2.W.-2.,.',• ,: '.,, ,`'7.,:t4e,.4:iz:gs.-4..---..i.s..-,, -,. -,..-,-,,... . :,1.,,,-...:1-..7.:_i_,;.:--:,:s,,, ---..-A.- ....._,....: ,..-,,,-...:—.-__ ,..-...,:„„,„-p,s,-.:::J.-Tv..1-44.1.7.1±._,,i,...... ...,1,--,-. .---,___„„,,,-----_,. -- :::••ig -- - , ,--_-zz.::-..--.:- .:-• ..:-■,- ..4.1,- '.,• .. . 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'7.1'...:....."4..4-,....t-.a ,..,I,P-C114I1V 1 y 1. ..:, „ ...,...„„... ._/..., u. or W"......- - Vicinity Maps Port Townsend is about 3 tram ,•=q,-,-...:i::::-,: from the project site -:'•..4.•.-.:-..e,:.--.• ••9=4:-;:-:- .:-r,:.-Ii•---::=*•:--• • I .--A1-1::: • - . . • private,non ; , ! CAPE :--,.,-v:-•,-... . i 0::•'.: ' Cape George Colony Club , 6 •:.:,r,..:5:•-•.- . GEORGE caPfre*Fge/ i .. ,. .... COLONY „:„....„,•:•:::, 13...6 01 ViSIONS 1 Jo 7 - jill.11! 7.,:;',44::- - 1111111 rPARP CI!P 4 I 1:0410•0 NO of ., . . "--7.:t...i..,' gripplairt irsingL- i , •-: . --,--- .-.- [5 11,1 . .•-0 •._ , _,. ., 44VAIIIIIII0. ...,„.::•• s mil _Nog 4.411 Aei ottioatisitik ,.„..,..,-,Hir xii.-, -7 •:--- . . J •. .. .-.0.t.::-...•%.10, Wir zif.i.::::. Ei iltMt MN AVON -1 ipr. ifi Alti'' . ,4...1.-1'• - ,,,,i,...::-• _• -•,--.•- a' rartittecla 'I ov,.. ,.„.. 4i4:::: willnaltzrellizi.la ' 441011-li - -4 glIC. ,...,. El IltaltatElnii BM MI SPIOS; St1114618 1 II 1 ira,vrA Ell Viiiiig&t., - Nam El'rin.42Ingtikeilt 11-45*.:,...-:-:. 14,14711411111'111:13101 __, ox 1100 Feet 11110.11 -d T.: ..„.:,...:. „.....,--_,,, • 'v4r,o'c:-4:rf4.4*: Mus-1,013-(08 . „ .,• .,._.:,::::. •44,,,Ail , 4 41 ,......„.:. Project site N 48 6.113' S: 1 2. W 122 53.070 1 ...1t.1.•,. ____.... 17': SW 141F,---•:,-. ” cum GEORGE , :,}6../i.:••••:::::" , _-.*itLe • • 61 Cape George Dr r**George Colony.Inc Port Townsend,Jefferson County .4:.•,-,•,,.-.•: VVasjomgtpm 98368 Osed entrance channel dredging i(,)4/12. . R i*maintenance et She 1 of A" ith :• ---.7.,:-•••.. ...?........-F- . _ 4,i - of = x � ta�a _ _ _ »m ;-!..`E'-'F,'".1.• b >,°v3 -° E ° ��gc _ oEm oO o° i S 3^ f i Y �g9 m oo -E'000 .,i ...-i i .,,„ .. f Ati _ t I s t a 4'4 4 .' , * . t , y AP j tz i . { i •k 4:4 Q 92_ st - _ 1 AGENCY USE ONLY ' 1 Fa--1..r 1 Date received: 1 WASHINGTON STATE of En Corps Seattle District -_t Joint Aquatic Resources Permit Agency reference#: Application (JARPA) Form1'2 Tax Parcel#(s): USE BLACK OR BLUE INK TO ENTER ANSWERS I ET OBHL v � MAY 27 2014 JEFFERSON COUNTY Part 1—Project Identification DEPT OF COMMUNITY DEVELOPMENT 1. Project Name (A name for your project that you create.Examples:Smith's Dock or Seabrook Lane Development) (help] Annual maintenance and repair of the Cape George marina entrance channel and infrastructure Part 2—Applicant The person and/or organization responsible for the project. Their)] 2a. Name(Last,First,Middle) Burke, Arthur R. 2b. Organization(If applicable) Cape George Colony Club 2c. Mailing Address (Street or Po Box) 61 Cape George Dr. • 2d. City, State, Zip Port Townsend, WA 98368 2e. Phone(1) 2f. Phone(2) 2g. Fax 2h. E-mail ( 360) 385 1177 360 385 2208 360 385 3038 Manager @Capegeorge.org Additional forms may be required for the following permits: • If your project may qualify for Department of the Army authorization through a Regional General Permit(RGP),contact the U.S.Army Corps of Engineers for application information(206)764-3495. • If your project might affect species listed under the Endangered Species Act,you will need to fill out a Specific Project Information Form(SPIF)or prepare a Biological Evaluation. Forms can be found at http://www.nws.usace.army.mil/PublicMenu/Menu.cfm?sitename=REG&pagename=mainpage ESA • Not all cities and counties accept the JARPA for their local Shoreline permits.If you need a Shoreline permit,contact the appropriate city or county government to make sure they accept the JARPA. 2To access an online JARPA form with[help]screens,go to http://wawi.epermittinq.wa.gov/site/alias resourcecenter/larpa jarpa form/9984/iarpa form.asp . For other help,contact the Governor's Office of Regulatory Assistance at 1-800-917-0043 or help(c ora.wa.gov. JARPA Revision 2012.1 Page 1 of 16 Part 3—Authorized Agent or Contact Person authorized to represent the applicant about the project. (Note: Authorized agent(s) must sign 11 b of this application.) h[ elp) 3a. Name(Last,First,Middle) Rossow, Gary, W 3b. Organization (If applicable) Cape George Colony Club 3c. Mailing Address (Street or PO Box) 31 N. Rhododendron Dr. 3d. City, State, Zip Port Townsend, WA 98368 3e. Phone(1) 3f. Phone(2) 3g. Fax 3h. E-mail 360 531 2737 360 531 2735 None Rossowgary @yahoo.com Part 4—Property Owner(s) Contact information for people or organizations owning the property(ies)where the project will occur. Consider both upland and aquatic ownership because the upland owners may not own the adjacent aquatic land. hel X Same as applicant. (Skip to Part 5.) X Repair or maintenance activities on existing rights-of-way or easements. (Skip to Part 5.) ❑ There are multiple upland property owners. Complete the section below and fill out JARPA Attachment A for each additional property owner. ❑ Your project is on Department of Natural Resources (DNR)-managed aquatic lands. If you don't know, contact the DNR at (360) 902-1100 to determine aquatic land ownership. If yes, complete JARPA Attachment E to apply for the Aquatic Use Authorization. 4a. Name(Last,First,Middle) 4b. Organization (If applicable) 4c. Mailing Address (Street or PO Box) 4d. City, State, Zip 4e. Phone(1) 4f. Phone(2) 4g. Fax 4h. E-mail ( ) ( ) ( ) JARPA Revision 2012.1 Page 2 of 16 Part 5—Project Location(s) Identifying information about the property or properties where the project will occur. [help] ❑There are multiple project locations (e.g. linear projects). Complete the section below and use JARPA Attachment B for each additional project location. 5a. Indicate the type of ownership of the property. (Check all that apply.) [help] X Private ❑ Federal ❑ Publicly owned (state,county,city,special districts like schools,ports,etc.) ❑ Tribal ❑ Department of Natural Resources (DNR) —managed aquatic lands (Complete JARPA Attachment E) 5b. Street Address (Cannot be a PO Box. If there is no address,provide other location information in 5p.) [help] 360 Marina Dr. 5c. City, State, Zip(If the project is not in a city or town,provide the name of the nearest city or town.) [help] Port Townsend, WA 98368 5d. County [help] Jefferson 5e. Provide the section, township, and range for the project location. [help] 1/4 Section Section Township Range 12A 12 30 02W 5f. Provide the latitude and longitude of the project location. [help] • Example:47.03922 N lat./-122.89142 W long.(Use decimal degrees-NAD 83) N 48 06.113 latitude W 122 53.070 longitude 5g. List the tax parcel numbers)for the project location. [helpl • The local county assessor's office can provide this information. 002 123 003 5h, Contact information for all adjoining property owners. (If you need more space,use JARPA Attachment C.) [help] Name Mailing Address Tax Parcel#(if known) See JARPA Attachment C DARPA Revision 2012.1 Page 3 of 16 51. List all wetlands on or adjacent to the project location. [help] None 5j. List all waterbodies (other than wetlands) on or adjacent to the project location. [help); Discovery Bay 5k. Is any part of the project area within a 100-year floodplain? [help] ❑Yes ❑ No X Don't know 51. Briefly describe the vegetation and habitat conditions on the property. ,[help] The marina area is bounded by a gravel road, gravel parking lot and paved parking lot for the adjacent boat storage workshop and community buildings. Vegetation is weeds and maintained grass. 5m. Describe how the property is currently used. [help] The property is used as a marina and recreation area for members of Cape George Colony Club. 5n. Describe how the adjacent properties are currently used. [help] Adjacent properties are residential lots, most of which have single family dwellings. 5o. Describe the structures (above and below ground) on the property, including their purpose(s) and current condition. [help) The marina structures include a ramp, docks, pilings and related infrastructure. There are two additional adjacent buildings: 1)A community workshop; 2) A clubhouse building containing a swimming pool, exercise room and community meeting room. 5p. Provide driving directions from the closest highway to the project location, and attach a map. [help] Take Washington highway 20 north toward Port Townsend; turn left a Four Corners Rd; turn left onto Cape George Rd; turn left on Cape George Dr; turn right on North Palmer Dr; then turn left on Marina Dr. (See attachment 1) JARPA Revision 2012.1 Page 4 of 16 Part 6-Project Description 6a. Briefly summarize the overall project. You can provide more detail in 6b. [help] The project involves a continuation of annual maintenance dredging of the entrance channel and dock ,,,R_ repairs as currently permitted (#200400887). It - - • - - - - - - __ - I; �% raising the rock jetty to full height; dredging of shoaled areas in the basin; replacement of dock floats; repair oftselected pilings and; creation of a sediment bypass basin— 4�.e Col ` ` ada Afro w) 6b. Describe the purpose of the project and why you want or need to perform it. (help The overall purpose of the project is to maintain safe access and restore the marina infrastructure in an environmentally sound way. The annual maintenance dredging is required to remove materials that go over and around the jetty due to the north-south littoral drift and block the channel. The seawall replacement is required because the existing, 50 year old, timber pile walls are badly deteriorated and the wall is beginning to collapse. The full height jetty is required to reduce the overfall of turbid water in high tide storm events that deposit sand and cobble in the channel entrance. The maintenance of docks is required to replace rotting wood in selected areas. The replacement of floats is required to remove old deteriorating plastic wrapped Styrofoam floats with encapsulated floats. The repair of selected pilings is required to restore the strength of deteriorated creosote wood pilings and encapsulate them. The basin dredging is required where shoaling has occurred in two areas to restore the depth contour to a minimum of-5 ft. below mean low water. The sediment bypass is intended to remove accumulated materials that have built up behind the north jetty and trap future materials that flow along the littoral drift line N-S before they deposit in the channel. These materials would be re-deposited on the southerly beach to provide natural re- nourishment down the littoral drift. 6c. Indicate the project category. (Check all that apply) [helot ❑ Commercial ❑ Residential ❑ Institutional ❑Transportation ❑ Recreational X Maintenance X Environmental Enhancement JARPA Revision 2012.1 Page 5 of 16 6d. indicate the major elements of your project. (Check all that apply) [help] ❑ Aquaculture ❑ Culvert X Float ❑ Retaining Wall ❑ Bank Stabilization ❑ Dam /Weir ❑ Floating Home (upland) ❑ Boat House X Dike/Levee/Jetty ❑ Geotechnical Survey ❑ Road ❑ Boat Launch ❑ Ditch ❑ Land Clearing ❑ Scientific ❑ Boat Lift X Dock/Pier Measurement Device ❑ Marina/ Moorage in ❑ Stairs ❑ Bridge X Dredging g ❑ Mining ❑ Stormwater facility X Bulkhead ❑ Fence ❑ Outfall Structure ❑ Buoy ❑ Swimming Pool y ❑ Ferry Terminal X Piling/Dolphin ❑ Channel Modification Utility Line ❑ Fishway ❑ Raft X Other: Sediment bypass 6e. Describe how you plan to construct each project element checked in 6d. include specific construction methods and equipment to be used. (helpl • Identify where each element will occur in relation to the nearest waterbody. • Indicate which activities are within the 100-year floodplain. Bulkhead: The existing timber pile seawall would be replaced with a new sheet steel piling seawall located on the seaward side of the existing wall thus encapsulating the pilings. The preliminary engineering design is shown in attachments 2 through 6. A crane from shore will be used with a vibratory pile hammer and related machinery. An alternate method of construction may be from floating equipment working tides with the same pile driving methods. Jetty: The existing north rock jetty slopes from an elevation of approximately +14 ft. at the landside to-2 ft. below mean low water on the seaward side. This jetty would be raised to an even height of+14 ft. along the entire length by placing more armor rock along the wall using a land based excavator working at extreme low tides (below-2ft.). See attachment 7. Docks: Occasionally dock boards or sections of wooden docks need to be replaced because the wood has deteriorated from use or rot. This work is done in-house as needed using approved treated wood materials. See attachment 8 for dock construction details. See attachment 9 for the dock plan. Floats: The entire length of the docks (approx. 1700 linear ft.) will have the poly wrapped Styrofoam floats replaced with hard plastic encapsulated foam floats. This work will be done in house using a submersible float system that raises each section of dock temporarily to allow the old Styrofoam material to float out and the new encapsulated floats to simply float under the dock. The submersible float is then ballasted with sea water and removed. See attachment 8 for float specifications. Pilings: The marina basin has 39 creosote treated wood pilings. Periodic inspections are conducted by professionals diving and sounding pilings to detect rot and voids. When such inspections reveal a piling needs reinforcement, we plan to encapsulate suspect pilings in fiberglass jackets that are installed to a depth of 18 to 24" below the mudline and to a height of+14 to +16ft.. Epoxy or concrete is then added to the annular space to create a larger diameter piling that exceeds the original in strength and eliminates water contact with creosote. Dredging: This will be conducted in two parts: 1) The entrance channel requires annual removal of approximately 1000 cubic yards of material that passes JARPA Revision 2012.1 Page 6 of 16 over/around the jetty during the winter storm season. This material is deposited down the littoral drift stream on the adjacent beach. Equipment used includes a land based excavator and front end loader and can be conducted only at extreme low tides (<-2.5 ft.) to minimize in the water activity and successfully reach a channel depth of-3.5 ft. See attachments 10-13 for plan and cross sectional views of the area to be dredged. Note this procedure is identical the currently approved method under permit #200400887. 2) The basin has two areas which have shoaled above the desired minimum desired basin depth of-5 ft. This material which enters the basin through the channel, primarily during winter storms, will be removed using a small hydraulic suction dredge. The material will be deposited in the south parking lot for dewatering and then deposited in the currently approved down drift beach area (see attachment 14). Sediment bypass: We propose to initiate an experiment to determine whether removal of material that has accumulated over years on the north side of the jetty due to the N-S littoral drift could be removed to create an accumulation basin that would be periodically harvested using land based equipment. An excavator working at low tides (-2 ft. or lower) would load trucks that would drive around the marina on an existing road and deposit the material on the currently approved downstream disposition site. Thus there would be no in water work. Coastal Geologic Services has estimated that approximately 2100 cubic yds. of material, fed by the high bluffs to the north, flows down the beach area annually. Initially, we would remove 3000 cubic yards in a 30 by 100 yard area adjacent to the north sea wall and re-deposit it down beach. This would create a "catch basin" for the next years littoral flow. The goal would be to reduce or even eliminate the sediment from blocking the channel and thereby reduce or eliminate the need for annual dredging in the channel. See attachment 15 for identification of the proposed work area. 6f. What are the anticipated start and end dates for project construction?(Month/Year) [help] • If the project will be constructed in phases or stages,use JARPA Attachment D to list the start and end dates of each phase or stage. Start date: June 10, 2013 End date: Varies X See JARPA Attachment D 6g. Fair market value of the project,including materials, labor, machine rentals, etc. [help] $450,000 6h. Will any portion of the project receive federal funding? [help] • if yes,list each agency providing funds. ❑Yes X No ❑ Don't know Part 7—Wetlands: Impacts and Mitigation ❑ Check here if there are wetlands or wetland buffers on or adjacent to the project area. (If there are none, skip to Part 8.)[help] 7a. Describe how the project has been designed to avoid and minimize adverse impacts to wetlands. [help] ❑ Not applicable JARPA Revision 2012.1 Page 7 of 16 7b. Will the project impact wetlands? [helps ❑ Yes ❑ No ❑ Don't know 7c. Will the project impact wetland buffers? [help] ❑Yes ❑ No ❑ Don't know 7d. Has a wetland delineation report been prepared? [help] • If Yes,submit the report,including data sheets,with the JARPA package. ❑ Yes ❑ No 7e. Have the wetlands been rated using the Western Washington or Eastern Washington Wetland Rating System? [help] • If Yes,submit the wetland rating forms and figures with the JARPA package. ❑Yes ❑ No Cl Don't know 7f. Have you prepared a mitigation plan to compensate for any adverse impacts to wetlands? [help[ * If Yes,submit the plan with the JARPA package and answer 7g. • If No,or Not applicable,explain below why a mitigation plan should not be required. ❑ Yes ❑ No ❑ Not applicable 7g. Summarize what the mitigation plan is meant to accomplish, and describe how a watershed approach was used to design the plan. [heipi 7h. Use the table below to list the type and rating of each wetland impacted, the extent and duration of the impact, and the type and amount of mitigation proposed. Or if you are submitting a mitigation plan with a similar table,you can state (below)where we can find this information in the plan. [help] JARPA Revision 2012.1 Page 8 of 16 Activity(fill, Wetland Wetland Impact Duration Proposed Wetland drain, excavate, Name' type and area (sq. of impact3 mitigation mitigation area flood, etc.) rating ft. or type4 (sq. ft. or category2 Acres) acres) 11f no official name for the wetland exists,create a unique name(such as Wetland 1"). The name should be consistent with other project documents,such as a wetland delineation report. 2 Ecology wetland category based on current Western Washington or Eastern Washington Wetland Rating System.Provide the wetland rating forms with the JARPA package. 'Indicate the days,months or years the wetland will be measurably impacted by the activity.Enter"permanent"if applicable. 4Creation(C),Re-establishment/Rehabilitation(R),Enhancement(E),Preservation(P),Mitigation Bank/In-lieu fee(B) Page number(s)for similar information in the mitigation plan, if available: 7i. For all filling activities identified in 7h, describe the source and nature of the fill material, the amount in cubic yards that will be used, and how and where it will be placed into the wetland. (help] 7j. For all excavating activities identified in 7h, describe the excavation method, type and amount of material in cubic yards you will remove, and where the material will be disposed. [help' Part 8—Waterbodies (other than wetlands): Impacts and Mitigation In Part 8, "waterbodies" refers to non-wetland waterbodies. (See Part 7 for information related to wetlands.) [help] X Check here if there are waterbodies on or adjacent to the project area. (If there are none, skip to Part 9.) 8a. Describe how the project is designed to avoid and minimize adverse impacts to the aquatic environment. [help] ❑ Not applicable JARPA Revision 2012.1 Page 9 of 16 We believe there is a net environmental benefit to each aspect of our project as further described below. Bulkhead: The current seawall is constructed of over 100 creosote treated timbers. These timbers would be removed from exposure to the aquatic environment because they would be landward of the new steel piling seawall. Jetty: Raising the jetty to full height provides at least two benefits: 1) additional habitat for birds and aquatic life that occupy the rock crevices; 2) reduced need for in-water channel dredging in future years. Docks/Floats: The replacement of the Styrofoam with encapsulated floats, eliminates direct exposure of the Styrofoam to the aquatic environment as the plastic wrap deteriorates and marine organisms borrow into and release the existing foam into the environment. The procedure of lifting the docks, removing and capturing the foam then floating the new floats under the dock has no known negative impacts. Pilings: The 39 pilings in the marina basin are creosote treated timber. Wrapping them in fiberglass eliminates any exposure of aquatic life to the creosote. The process itself involves minimal in the water work as the jackets are simply installed over the existing pilings. The material that fills the annular space also has no exposure to the water during cure. Dredging: The entrance channel is only dredged at extreme low tides (<-2.5 ft) for a maximum time of 4 hours/day over a 2-3 day period. Dredging at these low tides minimizes the in the water use of the excavator and all other operations are conducted out of the water. These low tide levels normally occur in the June and early July time periods which is why we requested (and have had approved in the past) variances to permit dredging on or after June 10. The WDFW HPA currently allows this timing. Attachment 16 is a letter from the WDFW Biologist supporting that date. The Corp has previously allowed us this variance in several prior years, including 2012. Therefore, we ask the Corp to allow us to dredge the channel as early as June 10th every year that the permit is in effect. Sediment bypass: As noted in our response to item 6, the bypass is intended to significantly reduce the requirement for channel dredging with all operations conducted at low tides (<-2 ft.) to eliminate any work in the water. 8b. Will your project impact a waterbody or the area around a waterbody? (helpt X Yes ❑ No 8c. Have you prepared a mitigation plan to compensate for the project's adverse impacts to non-wetland waterbodies? [help • If Yes,submit the plan with the DARPA package and answer 8d. • If No,or Not applicable,explain below why a mitigation plan should not be required. ❑Yes X No ❑ Not applicable JARPA Revision 2012.1 Page 10 of 16 The National Marine Fisheries Service has established mitigation requirements under our current maintenance and dredging permit NWS-2004-887 which expires on Feb. 15, 2014. Those requirements which were issued to us in a letter from the Corp dated July 16, 2012, focus on "...installing native woody vegetation above the extreme high water level to promote nearshore habitat enhancement."Our plan is to continue and expand upon that form of mitigation as part of an effort to stabilize the beaches adjacent to the marina. 8d. Summarize what the mitigation plan is meant to accomplish.h. Describe how a watershed approach was used to design the plan. • If you already completed 7g you do not need to restate your answer here. rhelpl See 8e. above Be. Summarize impact(s)to each waterbody in the table below. [help] Activity(clear, Waterbody Impact Duration Amount of material Area(sq. ft. or dredge, fill, pile name' location2 of impact3 (cubic yards) to be linear ft.) of drive, etc.) placed in or waterbody removed from directly affected waterbody Bulkhead Discovery Channel TBD none 202 ft. Bay Jetty 5 days 90 ft. Dredging " 12 hr./yr. 1000 300 ft. Dredging Basin 5 days 1000 5000 sq. ft. Bypass Shoreline 2 days 3000 100 yds. If no official name for the waterbody exists,create a unique name(such as"Stream 1")The name should be consistent with other documents provided. 2 Indicate whether the impact will occur in or adjacent to the waterbody. If adjacent,provide the distance between the impact and the waterbody and indicate whether the impact will occur within the 100-year flood plain. 3 Indicate the days,months or years the waterbody will be measurably impacted by the work. Enter"permanent"if applicable. 8f. For all activities identified in 8e, describe the source and nature of the fill material, amount(in cubic yards) you will use, and how and where it will be placed into the waterbody. rhelpl There will be no "fill" material. The "source" of the material to be removed is the littoral drift along the beach from erosion of the high bluffs to the north. The material is sand and small coble stones. 8g. For all excavating or dredging activities identified in 8e, describe the method for excavating or dredging, type and amount of material you will remove, and where the material will be disposed. Thelp] JARPA Revision 2012.1 Page 11 of 16 The methods for dredging and excavating are described in item 6 above. The amounts to be removed/moved are listed in 8e, the type of material is described in 8f above, the location of the disposal is on the south beach as currently permitted and further described in attachments 10 and 14. Part 9—Additional Information Any additional information you can provide helps the reviewer(s) understand your project. Complete as much of this section as you can. It is ok if you cannot answer a question. 9a. If you have already worked with any government agencies on this project, list them below. (help] Agency Name Contact Name Phone Most Recent Date of Contact US Army Corp Jess Jordan 509 994 8653 July 2012 Washington Dept. of Margie Schirato 360 427 2179 Sept. 2011 Fish and Wildlife Washington Dept of Helen Pressley 360 407 6076 July 2011 Ecology Jefferson County David Wayne Johnson 360 379 4465 June 2012 9b. Are any of the wetlands or waterbodies identified in Part 7 or Part 8 of this JARPA on the Washington Department of Ecology's 303(d) List? (help] • If Yes,fist the parameters)below. • If you don't know,use Washington Department of Ecology's Water Quality Assessment tools at: htto://www.ecy.wa.gov/oroctramstwq/303dt. ❑ Yes X No 9c. What U.S. Geological Survey Hydrological Unit Code (HUC) is the project in? '(help] • Go to http://cfpub.epa.gov/surf/locatefindex.cfm to help identify the HUC, 17110020 9d. What Water Resource Inventory Area Number(WRIA#) is the project in? (help] • Go to http://www.ecy.wa.gov/services/qis/maps/wria/wria.htm to find the WRIA#. 18 JARPA Revision 2012.1 Page 12 of 16 9e. Will the in-water construction work comply with the State of Washington water quality standards for turbidity? [help] • Go to http:/lwww.ecv.wa.qov/programs/wo/swos/criteria.html for the standards. X Yes ❑ No ❑ Not applicable 9f. If the project is within the jurisdiction of the Shoreline Management Act,what is the local shoreline environment designation? (help) • If you don't know,contact the local planning department. • For more information,go to:http://www.ecv.wa.gov/programs/sea/sma/laws rules/173-26/211 desionations.html. D Rural ❑ Urban ❑ Natural ❑Aquatic X Conservancy ❑ Other 9g. What is the Washington Department of Natural Resources Water Type? [help • Go to http://www.dnr.wa.00v/BusinessPermits/Topics/ForestPracticesApplications/Pages/fp watertvping.aspx for the Forest Practices Water Typing System. X Shoreline ❑ Fish ❑ Non-Fish Perennial ❑ Non-Fish Seasonal 9h. Will this project be designed to meet the Washington Department of Ecology's most current stormwater manual? [help] • If No,provide the name of the manual your project is designed to meet. Yes X No Name of manual: 91. Does the project site have known contaminated sediment? [help] • If Yes,please describe below. ❑Yes X No 9j. If you know what the property was used for in the past, describe below. [help] The property has been a marina since development in 1961. 9k.'Has a cultural resource(archaeological) survey been performed on the project area? [help] • If Yes,attach it to your JARPA package. ❑Yes X No JARPA Revision 2012.1 Page 13 of 16 91. aName rea or each might speciebe s listed by undethe r p the ropose federd al wo Endrk. anThegep]red Species Act that occurs in the vicinity of the project affected The species list is contained in the Biological Assessment by Marine Surveys and Assessments as amended February 11, 2011. That assessment was provided to the Corp in Feb. 2011. 9m. Name each species or habitat on the Washington Department of Fish and Wildlife's Priority Habitats and Species List that might be affected by the proposed work. [help] See answer to 91 above. Part 10—SEPA Compliance and Permits Use the resources and checklist below to identify the permits you are applying for. • Online Project Questionnaire at http://apps.ecy.wa.gov/opas/. • Governor's Office of Regulatory Assistance at (800) 917-0043 or help(a�ora.wa.gov. • For a list of addresses to send your JARPA to, click on agency addresses for completed JARPA. 10a. Compliance with the State Environmental Policy Act (SEPA). (Check all that apply.) [help] • For more information about SEPA,go to www.ecy.wa.gov/programs/sea/sepa/e-review.html. X A copy of the SEPA determination or letter of exemption is included with this application. ❑A SEPA determination is pending with (lead agency). The expected decision date is ❑ I am applying for a Fish Habitat Enhancement Exemption. (Check the box below in lob.)[help] X This project is exempt (choose type of exemption below). ❑ Categorical Exemption_Under what section of the SEPA administrative code (WAC) is it exempt? WAC 197-11-600 ■ . . • y A . • [ ❑ Other: ❑ SEPA is pre-empted by federal law. JARPA Revision 2012.1 Page 14 of 16 1 Ob. Indicate the permits you,are applying for. (Check all that apply.) [help] LOCAL GOVERNMENT Local Government Shoreline permits: t\C(6)G1 ❑ Substantial Development Conditional Use (1 Variance X Shoreline Exemption Type (explain): Issued May 29, 2012 Jefferson County MLA12-0092, Other city/county permits: ❑ Floodplain Development Permit ❑Critical Areas Ordinance STATE GOVERNMENT Washington Department of Fish and Wildlife: X Hydraulic Project Approval (HPA) ❑ Fish Habitat Enhancement Exemption—Attach Exemption Form Effective July 10, 2012, you must submit a check for$150 to Washington Department of Fish and Wildlife, unless your project qualifies for an exemption or alternative payment method below. Do not send cash. Check the appropriate boxes: ❑$150 check enclosed. (Check# Attach check made payable to Washington Department of Fish and Wildlife. ❑Charge to billing account under agreement with WDFW. (Agreement# X My project is exempt from the application fee. (Check appropriate exemption) ❑ HPA processing is conducted by applicant-funded WDFW staff. (Agreement # ) ❑ Mineral prospecting and mining. ❑ Project occurs on farm and agricultural land. (Attach a copy of current land use classification recorded with the county auditor,or other proof of current land use.) X Project is a modification of an existing HPA originally applied for, prior to July 10, 2012. (HPA# 123964-1 ) Washington Department of Natural Resources: ❑Aquatic Use Authorization Complete JARPA Attachment E and submit a check for$25 payable to the Washington Department of Natural Resources. Do not send cash. Washington Department of Ecology: X Section 401 Water Quality Certification FEDERAL GOVERNMENT United States Department of the Army permits (U.S. Army Corps of Engineers): ❑ Section 404 (discharges into waters of the U.S.) X Section 10 (work in navigable waters) United States Coast Guard permits: ❑ General Bridge Act Permit ❑ Private Aids to Navigation (for non-bridge projects) JARPA Revision 2012.1 Page 15 of 16 Part 11 Authorizing Signatures Signatures are required before submitting the JARPA package. The JARPA package includes the JARPA form, project plans, photos, etc. [help] 11a. Applicant Signature (required) [help I certify that to the best of my knowledge and belief, the information provided in this application is true, complete, and accurate. I also certify that I have the authority to carry out the proposed activities, and I agree to start work only after I have received all necessary permits. I hereby authorize the agent named in Part 3 of this application to act on my behalf in matters related to this application. (initial) By initialing here, I state that I have the authority to grant access to the property. I also give my consent to the permitting agencies entering the property where the project is located to inspect the project site or any work related to the project. (initial) Arthur R Burke 10/26/2012 Applicant Printed Name Applicant Signature Date 11 b. Authorized Agent Signature [help] I certify that to the best of my knowledge and belief, the information provided in this application is true, complete, and accurate. I also certify that I have the authority to carry out the proposed activities and I agree to start work only after all necessary permits have been issued. _Gary W. Rossow , °- 0gs' 10/27/2012 Authorized Agent Printed Name Authorized Age ignature Date 11c. Property Owner Signature (if not applicant). [help] Not required if project is on existing rights-of-way or easements. I consent to the permitting agencies entering the property where the project is located to inspect the project site or any work. These inspections shall occur at reasonable times and, if practical, with prior notice to the landowner. Property Owner Printed Name Property Owner Signature Date 18 U.S.0§1001 provides that:Whoever,in any manner within the jurisdiction of any department or agency of the United States knowingly falsifies,conceals,or covers up by any trick,scheme,or device a material fact or makes any false,fictitious,or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false,fictitious,or fraudulent statement or entry,shall be fined not more than$10,000 or imprisoned not more than 5 years or both. If you require this document in another format,contact the Governor's Office of Regulatory Assistance(ORA)at(800)917-0043. People with hearing loss can call 711 for Washington Relay Service. People with a speech disability can call(877)833-6341. ORA publication number: ENV-019-09 rev.06-12 JARPA Revision 2012.1 Page 16 of 16 AGENCY USE ONLY y Corps WASHINGTON STATE usam of Engineers neers . Date received: Seattle Dated Joint Aquatic Resources Permit Application (JARPA) [help] Agency reference#: Attachment C: Tax Parcel#(s): Contact information for adjoining - TO BE COMPLETED BY APPLICANT (help] property owners. [help] Project Name:Cape George Annual Maintenance Use this attachment only if you have more than four adjoining Location Name(if applicable):Cape property owners. George Colony Club Use black or blue ink to enter answers in white spaces below. 1. Contact information for all adjoining property owners. (help] Name Mailing Address Tax Parcel#(if known) Gary& Elaine Nelson 284 Sunset Boulevard 938100309 Port Townsend,WA 98368 ___�-_-___..._._.._.__.__.__._.___... Stephen & Barbara Blair 294 Sunset Boulevard 938100310 Port Townsend, WA 98368 Robert& Leilani Pennel PO Box 129 938100311 Beaver Creek, OR 97004 Langdon Family Trust 350 S. Diamond Shore Lane 938100312 Sequim,WA 98382-7006 Susan Nivert& Barbara Glenn 342 NW 79th Street 938100313 Seattle,WA 98117 • If you require this document in another format,contact the Governor's Office of Regulatory Assistance(ORA)at(800)917-0043. People with hearing loss can call 711 for Washington Relay Service. People with a speech disability can call(877)833-6341. ORA publication number: ENV-022-09 rev.06-12 JARPA Attachment C Revision 2012.1 Page 1 of 1 AGENCY USE ONLY r ` , US Army Corps WASHINGTON STATE of Engineers a Date received: Joint Aquatic Resources Permit Application (JARPA) i iri Agency reference#: Attachment D: Tax Parcel#(s): Construction r e TO BE COMPLETED BY APPLICANT thIPI d sequence [helot Use this attachment only if your project will be constructed in phases Project Name: Cape George Marina Maint. or stages. Complete the outline showing the construction sequence and timing of activities, including the start and end dates of each phase or stage. Use black or blue ink to enter answers in white spaces below. Phase or Start Date End Date Activity Description Stage 1 June 10, 2013 Feb 15, each Annual maintenance dred in of the channel. We 9 year request that the Corp modify g condition "d" to allow alignment with Washington Dept of Fish and Wildlife and previous Corp amendments to our current permit because of unique tidal and biological factors. 2 August, 2013 Feb 15, 2015 Replacement of the north seawall. Start date assumes that a permit will be granted by Aug. 2013. 3 August, 2013 Feb 15 of the Replacement of the south seawall. This may be done year the permit at the same time as the north if funding permits. If not, ends (5 years) it will have to be delayed. 4 June 10, 2013 End of permit (5 All other maintenance activities will be on going over years) the life of the permit. If you require this document in another format,contact the Governor's Office of Regulatory Assistance(ORA)at(800)917-0043. People with hearing loss can call 711 for Washington Relay Service. People with a speech disability can call(877)833-6341. ORA publication number: ENV-023-09 rev.06-12 JARPA Attachment D Revision 2012.1 Page 1 of 1 - , 12245w 1226.2'30" - RAE. 123otroo' • ,I I-''''-'• . / .` ; - , ,..::-,:.:--. if*-„i:=':: • ---'----=;'-. -..-eAllitt:-:-.. ..-.. .. , , ....--f-'‘ :f'----- SITE' .'-... -._. •i: --4";'/_.:.-1 :,.:-,-'-- -,-.:.., .:t4°-----wrc 49° PROJECT 1 --:'.."'"411°r:-- T'w".1' -11......imulowill„,,.fra::--;:-, 4.._07: ''1151:48,6'. - "..---il- ,, - 11,.- • , --zo,--:.-:,--:..,,---..--t...-,-.4g,--...--7-r,- imp---,-7--1,..anii■--Zat,41. 4:-g 140.*/'.18B,10,- ,..:::,_,..,.2., •-,----,.-.--- 4 ' I:si ,-:,;_::, ' ' 1 --'-',7-7.ZELLA BOHM■37,: ,..;:--'.1-':-.i'',":,..-.'.: ,-:rimr E*.121.1T-114.' 1,-.......,:-:,.,:i'-'1,*. 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'aegegohr -A . ,Nitio. -- - 4D -,..i., ., - .. inN.Iwifflort -,,,...-8:.4. -;i4-,--i.-.:17..,fir46,-**. . . . , 2y-,,-.;,...i4,--,-.-:-.'..,_ ..-71/11, T , ..,,:-• ,---",..1. , .,...-7, ., , .--;:: pt- 29 -r-' '.4--;:•42,ki'',14 ' 1- ,-i . 1 , i... titi#L,:eq_:_._,,,--_-----„,-, ....,111111111111, .-. ---7.*;?,-..,,,,--- - . • ...2. v.....-.47--ft risk , % ilf Mai r ‘1,,,,! st .:::.,....„,,, , , la •"-1 '-.....-1:7-17-7-7 '--41 BB— , ,. P.-:.-;-.1-;., - f-_-;4:----,-,•----, ----;:i'' 'Jr-Lk 1 - .41=;-,t.77- 31P7*-- .,,- '-- Vicinity Maps zz from Port Townsend issit:bout 3 miles „z „,-...., ,....... - B private,non CAPE t G cap,AriGeorge . .koact cape George Colony Club ,z,• propertY , . z COLONY ..., ....-.,- ------7: i: ',..,-.1 _ _ D.,6 DIVISIONS I to 7-..„.„....i.,-.. - . .-. ,..- ....... .,,.. ....... ._ _ . ."----. ..-v,:r.:177"77,',.....•.i f'7",.”.:.r---1,-,:t - , • P-if- -- % 0 , - -,-,-, --..----7. !E:-.:Al--;-: IL.;-._,..y/-.--;• .-..-. „ . - •3.- — ----- I i -) .."_r„----- --I/.*.'t- - _ „..„... --,• -f-.1-1-14.4::•:1. f 7) '"‘r31.- ,.„0....'s -ilig ni g- L xi - — atoll al.UPI go. .k.-\. _, •• „----- 1. gm -.. ,.....- \•• 1100 Feet -.• ... `'.■,)" - - _ - BAY • - -Of -ranE • • - 31, \,.---- zi amnia- - „c.)) ------- ceito os .,- 7 \z--, 1#41-41-1” 21711/4rb., — . 4p, 2 4et 41V1 . . _ th, Project site r N 48 6.113' W 122 53.070' -...... ‘..........„..-_..--s-, CAPE GEORGE George Colony.Inc P.-oect 200400887 61 Cape George Dr -_- Port Townsend,Jefferson County Wasjomgtpm 98368 1012- ..,,00sed entrance channel dredging P-0 L caci,.maintenance Sheet 1 of MAR It ----- \--- -4 .. -- \ \ ------ ,, C/tPE GE RCX‘E 4 \) / / X / I / 7 TOP OF GIME als lb ELEV.. 150* ti;\ ../ I cargo nuttER BuLKNELD \\./ 1 7 ( ...Vtcw $ • PILE WALL 7--.....**** v OCJ 7,4044/ ' if I C i C A / .,,< •"=#- ' '''',. . 1:givf ‘.\\\ . \\‘‘, \ \\ 4 --- 74 -411 -1 I 1 —____ • \ \\ 1 ------ o / ) I \ \ \ ------r .\ 0 4. ‘\ \' \ 111111 \ 1 ' .\, '.t:;)1 CGO I. -•k Ay SOYU\ND\ t- - --\ \ \ ■ \\\ 1 \\\ \ \ NN N •,... \ . ENTRANCE TO CAPE„ GEORGE COLONY _MARINA SCALE= 1:40 I Reference: Applicant: Cope George Colony Club Proposed Sheet Pile Walls At: Cope George Sheet 2 of Dote: 10-04-12 *16' ±71' *14 ±36' TOP OF WALL ELEV= 15.0 TOP OF WALL ELEV= 10.0 GRADE OF FACE MLLW 0.00 OF WALL — WALL CORNER 1— FOLD IN WALL BASE OF WALL ELEV= —30.0 L _L NORTH WALL ELEVATION LOOKING NORTH 1:20 Reference: Applicant: Cape George Colony Club Proposed: Sheet Pile Walls At: Cape George Sheet 3 of g:9 Date: 10-04-12 f18' ±60' *14' 1 TOP OF WALL TOP OF WALL ELEV= 12.0 ELEV.= 10.00 GRADE OF FACE MI-128 -7 OF WALL 0.00 --- WALL CORNER BASE OF WALL J ELEV= -30.0 SOUTH WALL ELEVATION LOOKING SOUTH 1:20 Reference: Applicant: Cope George Colony Club Proposed: Sheet Pile Walls At: Cape George Sheet 4 of Ito. Dote: 10-04-12 TOP OF NEW SHEET PILE WALL TOP OF NEW ELEV 15.0 SHEET PILE WALL TOP OF WALL ELEV 12.0 ELEV 15.0' TOP OF WALL ELEV 11.4' NEW PZ35 SHEET NEW PZ27 SHEET PILES MIN EMBED l MLLW 0.00 1 ' PILES MIN EMBED ±30' I Q ±24' NEW CHANNEL WIDTH EXISTING TIMBER —'' t47'-4" — N— EXISTING TIMBER BULKHEAD WALL BULKHEAD WALL TO REMAIN ORIGINAL CHANNEL WIDTH TO REMAIN u� ±50' U CHANNEL CROSS SECTION LOOKING EAST 1:20 Reference: Applicant: Cope George Colony Club Proposed: Sheet Pile Wails At: Cope George Sheet 5 of/4, Dote: 10-04--12 2'-0" / / 4 r- 1 3" I CU'? co 1 1 1 SHEET PILE WALL OSHEET PILE WALL CAP SECTION 112.= 147 Reference: Applicant: Cape George Colony Club Proposed: Sheet Pile Walls At: Cape George Sheet 6 of/& Dote: 10-04-12 �' v_ 4 $ b �j // - . Z g a� --- , A \ \ Z s Aii gi• 1:'Ir„ ! --;,-/, ,- _.-- , , , , , , ..., ..iz i ,,,, -, .,,- _____,F.-1 , ‘,., c`-i, 3 ir.,x5 1 i / --•/. 1'✓ vi_ ,-j A\ v�vv r. 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'1 - / / - / / (-S '] o v / >LLI /,, - '' I e' ` . f ' Q / // ▪ t F' ' • t:° r r :, ,. , i,7 ,, ,t, 1 1 v / • T k YJ• ' J / y Typical doc : duce, current&proposed d w I Dock module length _ to 16' Material is wood treated to AWPA Standards If Width:75" Existing poly wrapped Styrofoam floats To be replaced with 24"x48"x12 or 16" J P Deep injection molded floats pairs spaced � _ About 3'apart along the length of the floats _._ — _.—.—„�.— Immersion — �- depth ^. $" ---•---.—._._.—,- I Scale 1"= 2' Reference 200400887 Cape Georgeg Colony Club. Inc. Sheet° of / ' Proposed emntrance channel dredging & dock maintenance at 61 Cape George Dr Port Townsend. Jefferson County, Washington 98368 /0/4//-2.- .17 i • i11- ory n ht tu -a 1 1 - 03 0 'ars CD CD =.:..—. IIIIIINIIIMIMIMIIIIIIIIIIIIIIMIIIIIMIIIIIIILM I 1 / \9 N I 0 La 0 ,... 0 1 I to L. 0 cc Ei ..., — CU (11 CD 0 := a) = o -o ..... 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Box 3755 Seattle, WA 98124-3755 Dem Mr. Gossett: Today I received a request from Ben Fellows of the Cape George Colony Club for information on juvenile id Mig116031 timing in Discovery Bay and he requested that I provide you with this interaction. As you know, the Cape George Colony Club has submitted a request for a permit to do maintenance drafting of their marina. You faxed I=a copy of a letter to Colonel James M.Rigsby,Distrka Engineer of the Army Corps of Engineers,from Steven W. Landino,Washington State Habitat Branch Chief of t e National r ine Fisheries Zvi (MIPS). gn that lema,NMPS requested that the dredging be put off until aft July I to allow for the possibility of delayed development of the juvenile salmon due to a cold spring. It is my understanding that the normal time restriction for this type of work is Bane 15. In the letter, Mr. Landino specifically noted the listing of Puget Sound chinook and Hood Strait of - Juan de Fuca summer chum salmon as threatened under the Endangered Species Act(ESA)and . that coho salmon and sea-run cutthroat are cudidate species for listing the ESA. The Cape George Colony Club marina is located tely 19 kilonxters along eastern shoreline from the southernmost portion of Discovery Bay. I provide here infOrtnatieflert the estimated d migrati€n tinting of summer chum, chMook, who and sea-run cutthroat t Discovery Bay based on the best available information. - 11111111111/.1 x®3 r •" aroa revel T.7.7747-. Z?.-.g 618E siC+3 1999 14:38 368-765-4455 WDFW SNOW CREEK ETA PAGE :22 Mr. Jack Gossett • May.12, 1999 Page 2 •11 II 141111 +711 • Summer clam occur in Snow Creek and Salmon Creek, tributaries to southern Discovery Bay. In addition, sunmaer churn are reared in saltwater net pens on the west ride of the southern bay as part of a summer chum salmon recovery program. Marine oulmigmtion timing for eastern Strait of Juan de Fuca (including Discovery Bay)summer chum can be estimated from migration rates derived from studies conducted in Hood Canal by the University.of Washington Fisheries Research Institute(UWFRI)as presented in Tynan(1997). Summer chum travel seaward at a rate of 11 km/day during March and 8 km/day e April, the months-when summer chum outmigrate from Snow and Salmon creeks or are released from the saltwater nelpeus. u,i a shoreline distance of 19 km to the marina, summer chum would migrate past nearshore areas adjacent to the marina approximately 2 to 3 days after entry or release into Discovery Bay. Thus, few or no summer chum would be expected in the nearshore areas adjacent to the marina during June. • I' 11.11, 1111■■)t There is no natural spawning of chinook salmon in tributaries to Discovery Bay. Thus, few or • no juvenile chinook salmon would be expected in the nearshore areas adjacent to the marina during June. Cohn Coho salmon occur in Snow Creek ,4 Salmon Creek, the southern-most tributaries to Discovery Bay, and several other tributaries. The Washington Department of Fish and Wildlife has monitored the freshwater outmigation timing of coho in Snow Creek since 1978. From 1978 through 1990, Johnson and Cooper(1992)reported that the coho outmigration was 70% complete(95% C.I. range: 60- %)by the week of May 14, 85% complete(95% C.I. range: 80-95%)by May 31, 95% complete(95% C.I. range: 93-97%)by the week of June 1, and 99% complete by the week of June 8. The 95% confidence interval likely provides some measure of the range of coho outinigration timing expected during normal, warm, and cold springs, Marine outmigration rates for Discovery Bay coho have not been studied. However, Tynan(1998)estimated coho in eastern Strait of Juan tie Fuca migrate at an average rate of 2.8 km/day based on UWFRI studies in Hood Canal. Assuming a shoreline distance of 19 km to the marina,juvenile echo salmon would migrate past nearshore areas adjacent to the marina approximately 7 days after entry into Discovery Bay. Thus, few who would be expected in the nearshore areas adjacent to the marina by June 15. /1999 14:38 366-765-4455 WDFW SNOW CREEK STA PAGEPap$ 1 of 1 -Mr. Jack Gossett May 12, 1999' Page 3 • Scaal - Sea-run-cutt coat reside in Discovery Bay year-round and some may he found in nearshore areas adjacent to the marina. However,juvenile cutthroat are generally >6 inches in length and would be expected to avoid the marina area during any dredging operations. Citations Johnson, Thom IL.and Randy Cooper. 1992. Snow Creek-Anadros-Fish-Research. Amami Performance Report#92-5: Washington Department.of Wildlife. Fisheries Management Division.57 pp. Tynan,T.J. 1997. Life history characterization of summer chum salmon populations in the Hood Canal and eastern Strait of Juan de Fuca regions. Tech. Rpt. #1197-06. Assessment •„ Development Division,Hatcheries =,c3,-Washington Department Of Fish and Wildlife. 99 pp. Tynan, T.I. 1995. DRAFT. Characterization of WDFW and'WDFW Cooperative Hatchery Sahnonid Production in the-Hoed Canal and Eastern Strait of Juan de Fuca Regions: Volume II: Biological assessment of WDFW hatchery program effects on the status of Hood Canal and Strait of Juan de Fuca region summer chum salmon populations. Tech_ 1,;_ #}198-xx. Assessment and Dove ,, Division,Hatcheries.Program,. -Washington ' ._, „si,- of Fish and wildlife. 104 pp. If you have any comments or questions or need additional information,.please contact me. 5 y, LA ."141147 Thom H.Johnson District Fish Biologist ec: Tim Flint, WDFW Sun Brennan; WDFW Ben Fellows, Cape George Colony Club file://C:1Users\Ben\AppData\Local\Temp\84QYDYNB.htm 11/22/2011 PRE14-00020 Pre-Application Conference Cape George Marina Dredging and Maintenance County Attendees: David Wayne Johnson DCD; Time & Date: October 21, 2014 - 2pm Applicant: Arthur Burke, Manager (385-1177) Legal Description: Parcel Number: 002 123 003, Section 12, Township 30N, Range 02W Site Address: 312 Marina Drive, Port Townsend, WA 98368 Description of Proposal: Periodic dredging on the Marina, disposal of the dredge material as beach nourishment, dock repairs and float replacement, pilings replacement and addition of fill to existing rock jetty BUILDING DIVISION - Frank Benskin - 379-4461 • Building permits required for dock repairs and float replacement? DEVELOPMENT REVIEW DIVISION - LAND USE PERMITTING - DW3 - 379-4465 • High Intensity and Aquatic Shoreline Designations • Dock Repairs and Float & Pilings Replacement are a Shoreline Exemption under JCC 18.25.560(2) • Dredging and Adding Fill to raise the existing rock jetty are permitted subject to compliance with the appropriate policies and regulations under JCC 18.25 (attached) • Disposal of Dredge Material requires a Type II Conditional Discretionary "C(d)" Use permit with public notice (30 day comment period) and a determination by the UDC Administrator on whether to process as a Type II Conditional Administrative use, or a Type III Conditional Use permit. • Expiration date of permit shall not more than five (5) years with a single extension of not more than one (1) year based on reasonable factors. • Approval from the Army Corps, Ecology and WDFW have been obtained • SEPA compliant under WAC 197-11-600 Existing Environmental Documents Application & Fees: • Complete Application for a Conditional Discretionary "C(d)" Use Permit Includes: o Master Permit Application form - Fee: ($843.00 - $995.00 minus $152.00, the difference between a Shoreline Exemption at $532.00 and a Pre-app at $380.00) o Supplemental Conditional Use Application form o Building permit fees based upon valuation Contact DCD at 360-379-4450 for application submittal appointment 3CC 18.40.090(5) Assurances Unavailable. It is impossible for the conference to be an exhaustive review of all potential issues. The discussions at the conference or the information provided by the administrator shall not bind or prohibit the county's future application or enforcement of all applicable laws and regulations. No statements or assurances made by county representatives shall in any way relieve the applicant of his or her duty to submit an application consistent with all relevant requirements of county, state and federal codes, laws, regulations and land use plans. [Ord. 8-06 § 1] PRE14-00020 Cape George Marina Page 1of1 Parcel Print Page 1 of 1 Parcel Number: 002123003 08/15/2014 Owner Mailing Address: CAPE GEORGE COLONY CLUB 61 CAPE GEORGE DR �' • PORT TOWNSEND WA 98368-9403 Site Address: 98368-9403 Section: 12 School District: Port Townsend (50) Qtr Section: SW 1/4 Fire Dist: Chimacum (1) Township: 30N Tax Status: EX Range: 2W Tax Code: 0111 Planning area: 98368-9403 Sub Division: Land Use 9700 Code: 98368-9403 Property Description: S12 T30 R2W LOT 4 (W OF PLATS & LESS TAX 1) http://www.co.jefferson.wa.us/assessors/parcel/parcelprint.asp?PARCEL_N... 9/9/2014 TEE(Li- —2 o � gON cO � �� JEFFERSON COUNTY ►� al ►� DEPARTMENT OF COMMUNITY DEVELOPMENT o, 621 Sheridan Street• Port Townsend•Washington 98368 t4j�NO2 360/379-4450 360/379-4451 Fax Pre-Application Conference The Jefferson County Code (JCC) requires that before an application is made for all Type II and Type Ill project applications and Type I applications proposing impervious surfaces of ten thousand (10,000) square feet or more and/or non-single family structures of five thousand (5,000) square feet or more, a pre-application consultation must be held. The consultation includes preliminary review and administrative assistance. This service does not include extensive field inspection or correspondence. Pre-application consultation does not limit subsequent administrative review. At the conference, Department of Community Development personnel shall provide the applicant with: (1) A list of the requirements for a completed application; (2) A general summary of the procedures to be used to process the application; (3) The references to relevant code provisions or development standards that may apply to the approval of the application; and (4) A list of any applicable hourly review fees that may be charged by one or more County agencies upon the filing of a project permit application with the County. Discussions at the conference or the information provided by the staff shall not bind or prohibit the County's future application or enforcement of all applicable laws and regulations. No statements or assurances made by County representatives shall in any way relieve the applicant of his or her duty to submit an application consistent with all relevant requirements of County, state and federal codes, laws, regulations and land use plans. NAME: C9 P 6 CO - C Co C AA J MAILING ADDRESS: G ( Cc tie e 6e. a TELEPHONE:(HOME) '�.. l l (WORK) REPRESENTATIVE: r yr� cLe e ad rG 1 ci MAILING ADDRESS: 5 CL/ — TELEPHONE:(HOME) (WORK) 1. Please answer all questions on this form completely. 2. Attach a sketch of the Conceptual Design for the proposed use or activity, showing the following information: a. Vicinity sketch; b. North arrow and scale; c. Property boundaries and identification of land uses on adjacent properties; d. Means of ingress and egress; e. Property/lot drainage; f. Possible locations of sewage disposal and water supply systems; g. Location of utility easements; and h. Proposed location of buildings, including setbacks to property boundaries. 3. Attach payment of the applicable fee, as set forth in the Jefferson County Fee Ordinance. G:SPermltCenterl###FORMS##7ADRD FORMS\pre-aoo conferanrci fnrm PIMA' a,,. oc■ Property Description General Location: Legal Description(from Property Tax Statement): 9-Digit Parcel Number(from Property Tax Statement): 8 6 2 2_3 Do 3 Total Acreage: Zone: % Lot Coverage: Applicant: ❑ Owner ❑ Lessee ❑ Contract Purchaser ❑ Other Project Description S �.e • 51M111111111111# !IL" iMIIMINIPMEIWAk 41MMIlliammiamminamilli911111 _ H � t d L /i1".1<'` ,,,, ,� _, I te.9 4U�' /4444*∎4sib Property Owner(name and mailing address): (i• _ Standard Disclosure Information provided to a prospective applicant during the pre-application consultation is based on County regulations in effect at the time of the pre-application consultation. Revised or new County regulations could affect a future development application. A pre- application consultation does not vest a future development application. By signing the application form,the applicant/owner attests that the information provided herein is true and correct to the best of their knowledge. I also certify that this application is being made with the full knowledge and consent of all owners of the affected property. Any material falsehood or any omission of a material fact made by the applicant/owner with respect to this application packet may result in this permit being null and void. I further agree to save, indemnify and hold harmless Jefferson County against all liabilities, judgments, court costs, reasonable attorney's fees and expenses which may in any way accrue against Jefferson County as a result of or in consequence of the granting of this permit. I further agree to provide access and right of entry to Jefferson County and its employees, representatives or agents for the sole purpose of application review and any required later inspections. This right of entry shall expire when the County (through the Administrator or the Administrator's representatives) concludes the application has complied with all applicable laws and regulations. Access an• of entry to the applicant's property shall be requested and shall occur only during regul r busine s hours. 9 /.z /I( (SIGNATURE) (DAT ) I hereby designate to act as my agent in matters related to this pre-application conference. (LANDOWNER SIGNATURE) (DATE) r,..o,....,are..e.� tteCnRMR}W#�ORD FORMS\ore-ano conference form FINAL.doc REV.9/17/2008 Paae 2 995•- 159•- 0•* 0•* 995•t t\kA►,c -- 149'- 1064yd -- 10•- 0•* 0•* 995• 149•- 10 836• C+1e4(1' 152•- _ 6. 4; f s • { JEFrEFf8ON COUNTY Dc NO. 151717 DATE RECEIVED FROM Cafe erne C kr C (JO DESCRIPTION BARS# AMOUNT -- _.. CURRENCY itylciwieed 'w AMLI •0 0 kl, 44 - - O COIN Not OF.APP. I Llq ' OO trijun 0 i Div.yekbrarti, E C KS NOT. ate 2010 0 ` c '' use Rent* . 2L cierl - 0 t -. •• l of 1`,200 m • ..LI Zj'00 C3 "hi lacikai 414 -20 tai ° RECEIVED BY Sall kt &tic., TOTAL S43 'oO t r t t ! i w4 Y Y S • ..m ! F.l j F ,k i 8 . ..J A ! J. ... 4. y,.�.AF&y"7.`. y r ! ?"Rt�te•Y: 5 *Y J: fri ai., i • • ` r P U.S. Postal Service,. CERTIFIED MAILTM RECEIPT co (Domestic Mail Only;No Insurance Coverage Provided) r`- "� For delivery information visit our website at www usps.come fU '" O .:,2, o Sli tALN VraatillIllIll Certified Fee postmark 1-4 1111111111 0 Return Receipt Fee ■ Here O (Endorsement Required) O Restricted Delivery Fee En (Endorsement Required) S Total Postage&Fees m � J Cam` pie . Et, fU tTo, vJA N reef,Apt.No.; Ai 7 7 5 I 5th or PO Box No. _----- Y�, City,State,ZIP+4 w i J,1 V See Reverse for Instructions PS Form 3800,August 2006 Certified Mail Provides: ■ A mailing receipt • A unique identifier for your mailpiece • A record of delivery kept by the Postal Service for two years Important Reminders: • Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail®. • a NO INSURANCE Certified Mail is not available for any class of international mail. PROVIDED ih Certified Mail. For valluables,please consider Insured or Mal • For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt Form ct r applicable postage e fee.Edor eina p ee"Retun Receipt Requested".To receive fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. • For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery': • If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a p receipt is not needed,detach p and affix label with postage and mail. Mail IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 ����SON °6 JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT �q "off 621 Sheridan Street(Port Townsend,WA 98368 I Web:www.co.Jefferson.wa.us/communitydevelopment r SH/Noc Tel: 360.379.4450 I Fax:360.379.4451 I Email:dcd(c�co.lefferson.wa.us 14 Building Permits&Inspections I Development Consistency Review(Long Range Planning I Watershed Stewardship Resource Center Master Permit Application MLA: C`-T 0 Project Description(include separate sheets as necessary): Annual maintenance and repair of e Cape George marina entrance channel and infrastructure Tax Parcel Number: 002 12303 Property Size: (acres/square feet) Site Address and/or Directions to Property:The marina channel is at the south end of Marina Drive Property Owner(s)of Record: Cape George Colony Club,Arthur Burke, Manager Telephone:360-385-1177 Fax: 360-385-3038 email: manager @capegeorge.org Mailing Address: 61 Cape George Drive,Port Townsend,WA 98368 3l i Applicant/Agent(if different from owner): £, ,z.ii ' ` Telephone:360-385-2208 Fax: email: Mailing Address: What kind of Permit?(Check each box that applies ❑ Lot or Road Segregation ❑Building ❑ Critical Areas Stewardship Plan ❑ Demolition Permit ❑Variance(Minor, Major or Reason‘bl Ergrnlicb ), ❑ Single Family ❑ Garage Attached/Detached ❑ Conditional Use[C(a), C(d),or C]** "s"4 ' -=' ❑ Manufactured Home ❑ Modular ❑ Discretionary"D"or Unnamed Use Classification ❑ Commercial* ❑ Special Use(Essential Public Facilities)** ❑ Change of Use ❑ Boundary Line Adjustment ❑ Address ❑ Road Approach ❑ Short Plat** ❑ Home Business ❑ Cottage Industry ❑ Binding Site Plan** ❑ Propane ❑ Long Plat** ❑ Sign ❑ Planned Rural Residential Development(PRRD)/Amendments** ❑Allowed"Yes"Use Consistency Analysis ❑ Plat Vacation/Alteration** ❑ Stormwater Management B Shoreline Master Program Exemption/Permit Revisions** ❑ Site Plan Approval Advance Determination(SPAAD)* ❑ Shoreline Management Substantial Development** ❑Temporary Use ❑ Shoreline Management Variance ❑Wireless Telecommunication* ❑ Comprehensive Plan/UDC/Land Use District Map Amendment ❑ Forest Practices Act/Release of Six-Year Moratorium ❑Jefferson County Shoreline Master Program Amendment *Mpr•rn-- ,,, l t e w.. t 11erence ❑Tree Vegetation Request **Re.uires a Pre-A••lication Conference Pleas- on,y,or federal permits required for this proposal, if known: HPA1 . 'a { ',129023-1 expl/15/17, NWS2013-108 exp 3/18/17 f' DESIGNATION OF AGENT I hereb31 ► �c to act as my agent in matters relating to thi appli tion for permit(s). OWNER - y���''1P--1 .12- 5C2'.- Date: 7 /7 By signir..' „,,4,,A-'. •, if.' w ;;;.',..,"''attests that the information provided herein,and in any attachments,is true and correct to the best of his,her c .-_.:;;,.o,-rage. Any material falsehood or any omission of a material fact made by the owner/agent with respect to this application packet may result in this permit being null and void. I further agree to save, indemnify and hold harmless Jefferson County against all liabilities,judgments,court costs,reasonable attorney's fees and expenses which may in any way accrue against Jefferson County as a result of or in consequence of the granting of this permit. I further agree to provide access and right of entry to Jefferson County and its employees, representatives or agents for the sole purpose of application review and any required-leer inspections. Staffs access and right of entry will be assumed unless the applicant informs the County in writing at the time of the applicati i the o7,2e-I pri o tire. ���'`Si nature: Date: The action or actions Applicant will undertake as a result of the issuance of this permit may negatively impact upon one or more threatened or endangered species and could lead to a potential"take”of an endangered species as those terms are defined in the federal law known as the "Endangered Species Act"or"ESA."Jefferson County makes no assurances to the applicant that the actions that will be undertaken because this permit has been issued will not violate the ESA. Any individual,group or agency can file a lawsuit on behalf of an endangered species regarding your action(s)even if you are' compliance with the Jefferson County development code.The Applicant acknowledges that he,she or it holds individual and non-transferab - ••nsibility for a•herig to and complying with the ESA. The Applicant has read this disclaim and s' ns and dates it below. Signature: -i Date: 'j/. .Z�t/ ((( 07/24/2013 BUILDER STATEMENT The signer of this statement does hereby certify that they are the Owners of the parcel referenced herein,that they are not licensed contractors and that i▪ they will be assuming the responsibility of the General Contractor for the proposed project. l Signature: Date: _ ▪ GENERAL CONTRACTOR OR MANUFACTURED HOME INSTALLER: PHONE: FAX: (360-35-1177 (360-3$5-3038 MAILING ADDRESS: 61 Cape George Drive, Port Townsend,WA 98368 EMAIL: manager @capegeorge.org CONTRACTOR'S LICENSE WAINS NUMBER: NUMBER ARCHITECT/ENGINEER: PHONE (360-3)35-1177 FAX:(360-35-3038 MAILING ADDRESS: 61 Cape George Drive,Port Townsend,WA 98368 EMAIL manager @capegeorge.org Project Type: Frame Type: Bathrooms: Shoreline: Type of Sewage Disposal: ❑ New ❑ Wood Existing: ❑ Sewer ❑ Addition ❑ Steel Proposed: Bank ❑ Community System ❑ Alteration/Remodel ❑ Concrete Total: Height: ❑ Individual System ❑ Repair ❑ Masonry SEP Permit# ❑ Demolition ❑ Other: Bedrooms: Water Supply: Existing: Setback: ❑ Private well ❑ Two Party Type of Heat: Proposed: ❑ Public Total: Name of System: If this is a Commercial Project you must answer the following: Number of Parking Spaces: Current: Proposed: Number of ADA Parking Spaces: Number of occupants(includes owners,tenants,employees,etc) Current Proposed IBC Occupancy: IBC Type of construction: Will you have Food Service? Yes / No If this is a Propane Tank and/or Appliance Installation permit,mark all items below that apply: Underground Tank Above ground tank Size of Propane Tank: Heat Stove Cook Stove Woodstove Fireplace .nsert rehtO I evotS telleP I knaT retaWtoH Is this appliance being installed in a Manufactured/Mobile Home? Yes / No When applying for a permit to install a propane tank you must also submit a site plan showing all of the buildings,all property lines, tank location and size, distances from the propane tank to all property lines,buildings and septic system components, including the reserve area. Square Footage Current Proposed For Office Use Only Amount! Revision Main Floor Heated EH Bld App Review: 2"d Floor Heated Consistency Review: Other Heated Base fee: Mezzanine Additional Section: Heated Basement Plan Check fee: Unheated Basement State Surcharge fee: Other Unheated Pot Water Review fee: Garage/Carport SUBTOTAL Decks 911/Rd Approach fee: Other TOTAL: $ Receipt Number: Cash/Check Number: ESTIMATED COST(REQUIRED) Date: .Fair market value of all labor and materials foundation to finish Initials: 07/24/2013 ^ i D \/ f O D v f:') p n ;_sT '0 m m H�n o z 0 �' -3"0" A Q M (� C c-) D m ;_a sj1 Z -�.: N z C) X rn -ri 7 0-3 m p z Z 0 2 v Z ,-4 (-8,)z-'.;` do c -< ru !n1* C? 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