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From: MSA [mailto:marine.surveys.inc @gmail.com] Sent: Tuesday, March 04, 2014 3:04 PM To: Donna Frostholm Subject: Re: FW: FW: Shine deck Hi Donna, The plan on the Garten stairs to the beach remains the same- we wait for the plans from him, then revise our original report as per your requests. However, to be safe, I am requesting an extension on these revisions. The original deadline was 3/16, and I am thinking that with the need to wait for plans this may not be possible. Could we ask for a 4-6 week extension on the revised submission? Thank you, Mike On Wed, Feb 19, 2014 at 1:56 PM, MSA<marine.surveys.inc @ gmail.com> wrote: Hi Donna, Yes, Robert did come in to discuss this today. Your plan- wait for the engineered plans, and then assess impacts and revise the submittal- sounds great to MSA, and to Robert. I will get to this revision as soon as the plans are complete. Thank you, Mike On Wed, Feb 19, 2014 at 1:35 PM, Donna Frostholm<DFrostholm @co.jefferson.wa.us>wrote: Hi Mike: 1 I met with Mr Garten this morning and he was heading over your way—possibly,you have already met with him. For shoreline permitting, it does not make a difference whether it is a ramp or stairs; however, it does make a difference for building permitting. Mr Garten also spoke with the building division this morning. Since he is going to need engineered plans for the building permit, DCD advised him to get the landing and stairs engineered so that he has plan and cross section sheets of the proposal. Once he has the engineered drawings, he can give them to MSA to assess the project impacts and revise the submittal. L ITEM Regards, Donna _��,� �_O..._� From: MSA [mailto:marine.surveys.incOgmail.com] Sent: Tuesday, February 18, 2014 3:36 PM To: Donna Frostholm Subject: Re: FW: FW: Shine deck Hi Donna, I just talked to Robert, and he has decided against retaining the shoreline deck to avoid the variance permit fees. This means his project will be a shoreline application for stairs and landings, as originally submitted. We will address all of your earlier comments on this submission shortly. This one remaining decision Robert is looking into is whether to have the stairs come directly from the top landing, as we originally submitted, or whether to modify the existing ramp into a stairway. I spoke to Frank Hall about this idea, and it sounds like this could be done up to building code. 2 Would it matter, from the permitting end, if the stairs were a modification of the current ramp extending directly down to the beach, as opposed to the earlier proposed stairs right off the end of the upper landing? In either case, there will be no deck on the beach. Using the existing ramp has a few environmental benefits: it already exists (no tear- down impacts), and it is more landward of OHWM. We'd prefer the approach of bringing this ramp up to code as a set of stairs for this reason. LOG !ISM of Thanks, Mike On Thu, Feb 13, 2014 at 3:12 PM, Donna Frostholm<DFrostholm(&,co.jefferson.wa.us>wrote: Hi Mike: Currently,there is a shoreline conditional use shoreline application for stairs and landings. If Mr. Garten would like to submit a variance application for DCD review for a deck,there is additional review and processing time for this department. The base fee for adding a variance (to the existing conditional use application) is$1,904. This additional fee is for additional code sections that need to be reviewed and addressed by DCD. It will be one shoreline project that goes to the hearing examiner, but applying for a deck triggers addition sections of the shoreline regulations to review. From: MSA [mailto:marine.surveys.incOgmail.com] Sent: Wednesday, February 12, 2014 4:20 PM To: Donna Frostholm Subject: Re: FW: FW: Shine deck 3 Hi Donna, Thank you for answering my recent questions, and for the building code info as well. One more point of confusion: I am unsure how the variance application can be added to the current application and review as you stated, yet incur the cost of a new review: LOG FEM Here's What is confusing me. '' s From your email 2/12: You are correct in that if he wants to apply for a 40sf deck at the end of the stairs, he needs to apply for a variance. See below in the email chain what is needed for review of a variance application. The variance will be added to the current application and review - it will not be a separate application or review. So, will there be any additional costs to apply for this variance? Earlier you stated the costs for full review: I know However, if Mr. Garten would like to proceed with permitting a portion of the deck,he will need to submit a revised site plan, revised supporting documents, variance documentation based on Article VII of Chapter 18.25 JCC, and a check for$1,904 to cover the cost of variance review and permitting. But this review will "not be a separate application or review." Hence, my confusion. Also, I just talked to Robert and now have some good background information to follow up on with Frank Hall. 4 Thank you, Mikes lam ;, ,.. ,_.. of On Wed, Feb 12, 2014 at 1:05 PM, Donna Frostholm<DFrostholm@co.jefferson.wa.us>wrote: Hi Mike: See below... At this point, I want to make sure the applicant has what we have discussed so I am going to mail this email chain on to him by U.S. Postal Service. From: MSA [mailto:marine.surveys.inc(agmail.com] Sent: Tuesday, February 11, 2014 3:06 PM To: Donna Frostholm Subject: Re: FW: FW: Shine deck Hi Donna, I just spoke to Robert about options on his stairs in light of today's emails, and wanted to follow up with some questions for you: 1. He is willing to aim for a 40 sq ft. deck at the bottom of the current ramp structure- this would be a serious reduction in footprint as compared to what is present now (and is the maximum size deck that has been permitted). So, basically, the structure would retain the upper landing, ramp, and final stairs to the beach with a much reduced deck. This would trigger the variance review/permit and —$1900 review fee, correct? Is it possible to do this as an addendum to the already-in-progress review, or is this only possible if he takes the route of removing all structures and building the stairs from the upper landing (as in the submitted HMP). You are correct in that if he wants to apply for a 40sf deck at the end of the stairs, he needs to apply for a variance. See below in the 5 email chain what is needed for review of a variance application. The variance will be added to the current application and review - it will not be a separate application or review. Mr. Garten should hold off on removing any portion of thpastrwtsitrieuiptil the permitting process is complete. �� .. of 2. "The stairs with ramp that he built do not meet building code so that part of the structure has to be re-built to comply with the building code." Could you please forward the relevant codes here? It looks like these aren't shoreline code issues, which I am familiar with, but with building codes. Briefly, how does this affect his construction? Once shoreline permitting is complete, he has to apply for a building permit. I have to defer to the DCD Building Division for building code and building permitting questions. I suggest that you discuss the structure and building requirements with Mr. Garten first because Frank Hall (DCD Building Division) has already spoken to Mr. Garten about this. If you do not get the information you need from Mr. Garten, then I would suggest contacting Frank Hall. 3. Failing all other avenues,the simplest solution does appear to be removing the entire beach deck and only having stairs to the beach. Instead of a vertical flight from the upper landing, could the plans be changed to retain the current ramp, and have this terminate with stairs to the beach (as opposed to at a deck)without having to incur the$1900+ permit review? I.e. as a revised site plan for the original submission. It is my understanding that the ramp does not meet building code. Check with Mr. Garten as I believe Frank Hall has already discussed building code requirements with him. Thank you, Mike On Tue, Feb 11, 2014 at 11:12 AM, Donna Frostholm<DFrostholm@a,co jefferson.wa.us>wrote: Hi Mike: 6 I want to follow up and say that all the information I have given you is based on his application (and previous communications)stating that the stairs will be for residential use only. DCD has not received any indication that the stairs would be used for commercial purposes. Note that additional building and land use permitting requirements may apply for commercial use of the stairs. Based on information to date, DCD is planning on issuing a shoreline permit for residential use only. L-010 `.1EM From Donna Frostholm °-""' Sent: Tuesday, February 11, 2014 11:05 AM To: 'MSA' Subject: RE: FW: Shine deck Hi Mike: Landings and stairs do not count towards deck size. The approximate size of landings that DCD has permitted in the past were listed in the original email from Ecology so any landings proposed for the Gartner application should be of similar size as those previously permitted. The stairs with ramp that he built do not meet building code so that part of the structure has to be re-built to comply with the building code. My calculations will be based on length and width of landings(and I will compare the square footage of Gartner landings to those in the earlier email from Ecology) as well as length and width of the stairs. If a deck is included in the application,the calculation will also be based on the square footage (length and width). From: MSA [mailto:marine.surveys.inc @ gmail.com] Sent: Monday, February 10, 2014 4:55 PM To: Donna Frostholm Subject: Re: FW: Shine deck Hi Donna, I think I am understanding all points here except for one- 7 If Mr. Garten decides to apply for a deck, with a size in line with the previously approved structures, what exactly is included in your size calculation? As you know, his structure features an upper, small landing at road level, a ramp to the beach platform, and the platform itself. Is the total square footage of importance the beach platform, or all three components together? LOG ITEM Thank you, y„. --° - _ Mike On Mon, Feb 10, 2014 at 12:51 PM, Donna Frostholm<DFrostholm@codefferson.wa.us>wrote: Hi Mike: Since the deck size that Ecology referenced was based on an appeal of a previous shoreline permit, I do not think there will be much leeway. The Jefferson County Code does not provide upper limits to deck size so, unfortunately, I am not able to give you anything more definitive. What I can tell you is that DCD will be considering the deck size (from the previously-appealed shoreline permit),the variance criteria in Chapter 18.25,and (as noted in the Ecology email below)any limits that would apply to decks in our new SMP as guidance. I want to remind you that DCD will not make the final permitting decision for this application; it will be the hearing examiner. DCD only provides recommendations to the hearing examiner, but it is ultimately up to the hearing examiner to determine if the application complies with the Jefferson County Code. If DCD receives an application from Mr. Gartner for a deck, I will also be running it by the planning manager for input prior to making any recommendations to the hearing examiner. From: MSA [mailto:marine.surveys.incCa�gmail.com] Sent: Wednesday, February 05, 2014 10:15 AM To: Donna Frostholm Subject: Re: FW: Shine deck 8 LUG 5s1FAA Hi Donna, of Sorry for the slow response, I have been running around to meetings. Just to be clear- how much leeway on deck sizing is there on your end? Is the 40 sq ft. measure a limit? And if so, are you including the stairway structure and the landing, or just the landing? Our concern is the impact of removing existing structures + building the proposed stairs vs. simply leaving some of the old structure in place- considering all this, what is the "upper end" size that we could aim for? I just want to be able to best advise Robert on his options in this case. Thank you for your continued guidance on this as well, Mike On Thu, Jan 30, 2014 at 11:32 AM, Donna Frostholm<DFrostholm @co.jefferson.wa.us>wrote: Hi Amy: I want to get back to you on this—I apologize for the delay. I have had a chance to take a closer look at the Ecology email. From my perspective,that email describes the permitting approach—shoreline conditional use application or shoreline variance application—depending upon whether Mr. Garten applies for a landing or a deck at the bottom of his stairs. Jefferson County approves stairs to the beach as a conditional use (shoreline permit). In the Ecology email below,the size of some of the landings that Jefferson County has permitted in the past are shown. When I left the Garten pre-app, 9 it was my understanding that he was going to remove the deck and re-built the stairs with all la ni ,. OHWM. For this reason, he has applied for a shoreline conditional use permit. qs of _ I However, also as noted in the Ecology email below,a deck was approved above OHWM that was approximately 40 square feet in size(and larger than what we will be able to approve under the new SMP). As I interpret this email, DCD could only recommend approval of the deck(and the Hearing Examiner could approve the deck) if it meets the variance criteria in Chapter 18.25 JCC and it is consistent with previous deck permitting. If Mr. Garten would like to proceed with his current application,which is for a conditional use permit to construct stairs with landings above OHWM, he needs to submit revised information based on my December 16, 2013 comments, using the OHWM determined by Ecology. However, if Mr. Garten would like to proceed with permitting a portion of the deck, he will need to submit a revised site plan, revised supporting documents,variance documentation based on Article VII of Chapter 18.25 JCC,and a check for $1,904 to cover the cost of variance review and permitting. Let me know if you have any questions. Once I am sure that you and I are 'on the same page' about the shoreline permitting process, I will send copies of this email to Mr. Garten so he knows what we have discussed and can determine how he wants to proceed with permitting. From: MSA [mailto:marine.surveys.inc@agmail.com] Sent: Tuesday, January 21, 2014 12:05 PM To: Donna Frostholm Subject: Re: FW: Shine deck Hi Donna, Thank you for forwarding the Ecology guidance as well as the shoreline variance code. On Ecology's end, two things seem most important: 10 1. Decks for beach access may be permitted, but not for recreational use + beach access. It looks like Ecology considers Mr. Garten's structure to be for recreation + access. 2. The largest decks for beach access being permitted are -40 sq. ft. LOG frEivi This leaves us with a few issues to sort out on the Garten project: 1. Are you considering the structure to be for recreation and beach access, or just for access? Mr. Garten may have "overbuilt," but it does serve mainly as an access structure in his view. 2.The only part of the structure waterward of OHWM, by Ecology determination, was at the western area near the stairs. This is the area where removal is most appropriate. If the entire structure was landward of OHWM, by this removal, how much more of the structure could Mr. Garten retain to enable permitting (assuming that the statement of justification w/the shoreline variance code is acceptable)? The areas of the structure landward of OHWM are not likely to adversely impact the nearshore environment; indeed, its removal may be more harmful than simply allowing it to persist due to the construction traffic on the beach and bluff that would be required. I just want to get on the same page- we will check with Robert on the request for variance in writing, and help him if he wants, but it would be great to get some guidance on what you would like to see for the total amount of structure landward of OHWM (for reference, the current total size is 66' long, approximately 264 ft sq.). Thank you, Mike On Wed, Jan 15, 2014 at 4:31 PM, Donna Frostholm<DFrostholm @co.jefferson.wa.us>wrote: 11 LUG rEE M of Amy: Here is the email from Ecology for the Garten application. I do not have an email address for Robert Garten so I put a hard copy in the mail to him today. It looks like DCD needs to review the application against the shoreline variance section of the code (Article VII, Chapter 18.25 JCC). Per JCC 18.25.570,Garten will need to submit a request for a variance in writing along with a statement of justification, which you may need to help him with. The justification will be reviewed by DCD against criteria in Article VII. Thanks, Donna Frostholm JC DCD From: Mraz, Richard A. (ECY) [mailto:rmra461Ca�ECY.WA.GOV] Sent: Tuesday, January 14, 2014 1:09 PM To: Donna Frostholm Cc: Lund, Perry(ECY); Stewart, Jeff R. (ECY) Subject: Shine deck Donna, Thank you for letting me be of assistance to Jefferson County in determining the Ordinary High Water Mark (OHWM) at the Garten beach access site. As noted in the field, the OHWM is located at the top of the most landward berm of cobble and tidal detritus (primarily eelgrass wrack). Two large pieces of wood were placed at the OHWM on either side of the existing beach access structure. Based upon that location, a portion of the existing structure is waterward of the OHWM. 12 While it was not discussed in much detail during the site visit, the County is addressing this development as after-the-fact construction of a beach access structure. As such, it will require a shoreline permitting (per the Jefferson County Shoreline Master Program) and, ultimately, Ecology approval. As previously noted in correspondence related to the Hardie/Moe stairs to the beach proposal, Ecology has authorized seven conditional use permits for stairs to the beach in 2011 and 2012. Some of the dimensional standards for those structures are as follows: tm �.+..e -Vii.... LaFavour—36 sq. ft (Q-..,t 44 of Green- 50 sq ft total (one deck @ 30 sf& one @ 20 sf) Carter—44 sq ft total (one deck @ 32 sf& one @ 12 sf) Jacobsen - 76 sq ft total (one deck @ 40 sf& one @ 36 sf) L Larson—45+ sf? (three decks referenced, but permit record lists only two: one @ 20 sf& one @ 25 sf) Mr. Garten's deck appears significantly larger than any of these structures and appears to be for both beach access and recreational use. Decks that functions as landings for beach stairways may be permittable in the context of beach access. However, the existing deck significantly exceeds dimensions of recently permitted beach access structures. Decks that are constructed primarily for recreational or residential use should meet shoreline setback requirements. Encroachments into the setback should be required to obtain a shoreline variance. That was the circumstance in the O'Dell case that you mentioned during the site visit. As noted above, the largest individual decks associated with beach access have been approximately 40 square feet(which would still be larger than what is allowed in the new locally-approved SMP). Given the limitations imposed by the County and Ecology in the past, the deck should be reconfigured to be consistent with prior authorizations. Please let me know if you have any questions. °Rick etas,PWS Wetlands/Shorelands Specialist Shorelands and Environmental Assistance Program 13 II Southwest Regional Office (360)407-6221 rmra461 @ecy.wa.gov L C,f' r y.r Amy Leitman Marine Surveys £t Assessments Email: marine.surveys.inc @gmail.com Web: marinesurvevsandassessments.corn Office: 360 385-4073 Cell: 360 301-0262 Amy Leitman Marine Surveys Et Assessments Email: marine.survevs.inc @gmail.com Web: marinesurvevsandassessments.corn Office: 360 385-4073 Cell: 360 301-0262 Amy Leitman 14 Marine Surveys Et Assessments Email: marine.surveys.inc@gmail.com Web: marinesurveysandassessments.com Office: 360 385-4073 ��- Cell: 360 301-0262 Of Amy Leitman Marine Surveys Et Assessments Email: marine.surveys.inc @gmail.com Web: marinesurveysandassessments.com Office: 360 385-4073 Cell: 360 301-0262 Amy Leitman Marine Surveys & Assessments Email: marine.surveys.inc @gmail.com Web: marinesurveysandassessments.corn Office: 360 385-4073 Cell: 360 301-0262 15 Amy Leitman Marine Surveys & Assessments Email: marine.surveys.inc @email.com 3 Web: marinesurveysandassessments.com Office: 360 385-4073 Cell: 360 301-0262 Amy Leitman Marine Surveys & Assessments Email: marine.survevs.inc @email.com Web: marinesurvevsandassessments.corn Office: 360 385-4073 Cell: 360 301-0262 Amy Leitman Marine Surveys & Assessments Email: marine.surveys.inc @email.com Web: marinesurvevsandassessments.corn Office: 360 385-4073 Cell: 360 301-0262 16 Donna Frostholm From Donna Frostholm ..?, �' � Sent: Friday,January 24, 2014 9:33 AM -" To: MSA Subject RE: FW: Shine deck Hi Amy: I have not forgotten about this email. I am looking into this a bit more before I get back to you. At this point, I can tell you that DCD is reviewing this proposal as an accessory use on a parcel zoned rural residential that the applicant intends to use for residential purposes. Therefore,the residential development section of the SMP applies(JCC 18.25.410). See the performance standard in JCC 18.25.410(4)(b),which is relevant to the deck. I am buried in a huge stack of work right now, but should be able to get back to you soon. From: MSA [mailto:marine.surveys.incOgmail.com] Sent: Tuesday, January 21, 2014 12:05 PM To: Donna Frostholm Subject: Re: FW: Shine deck Hi Donna, Thank you for forwarding the Ecology guidance as well as the shoreline variance code. On Ecology's end, two things seem most important: 1. Decks for beach access may be permitted, but not for recreational use + beach access. It looks like Ecology considers Mr. Garten's structure to be for recreation + access. 2. The largest decks for beach access being permitted are ''40 sq. ft. This leaves us with a few issues to sort out on the Garten project: 1. Are you considering the structure to be for recreation and beach access, or just for access? Mr. Garten may have "overbuilt," but it does serve mainly as an access structure in his view. 2.The only part of the structure waterward of OHWM, by Ecology determination, was at the western area near the stairs. This is the area where removal is most appropriate. If the entire structure was landward of OHWM, by this removal, how much more of the structure could Mr. Garten retain to enable permitting (assuming that the statement of justification w/the shoreline variance code is acceptable)? The areas of the structure landward of OHWM are not likely to adversely impact the nearshore environment; indeed, its removal may be more harmful than simply allowing it to persist due to the construction traffic on the beach and bluff that would be required. I just want to get on the same page- we will check with Robert on the request for variance in writing, and help him if he wants, but it would be great to get some guidance on what you would like to see for the total amount of structure landward of OHWM (for reference, the current total size is 66' long, approximately 264 ft sq.). ao Thank you, Mike On Wed, Jan 15, 2014 at 4:31 PM, Donna Frostholm<DFrostholm @co jefferson.wa.us>wrote: Amy: Here is the email from Ecology for the Garten application. I do not have an email address for Robert Garten so I put a hard copy in the mail to him today. It looks like DCD needs to review the application against the shoreline variance section of the code (Article VII, Chapter 18.25 JCC). Per JCC 18.25.570, Garten will need to submit a request for a variance in writing along with a statement of justification, which you may need to help him with. The justification will be reviewed by DCD against criteria in Article VII. Thanks, Donna Frostholm IC DCD 2 From: Mraz, Richard A. (ECY) [mailto:rmra461c ECY.WA.GOV] Sent: Tuesday, January 14, 2014 1:09 PM To: Donna Frostholm Cc: Lund, Perry(ECY); Stewart, Jeff R. (ECY) .. �z Subject: Shine deck "- Donna, Thank you for letting me be of assistance to Jefferson County in determining the Ordinary High Water Mark (OHWM) at the Garten beach access site. As noted in the field,the OHWM is located at the top of the most landward berm of cobble and tidal detritus (primarily eelgrass wrack). Two large pieces of wood were placed at the OHWM on either side of the existing beach access structure. Based upon that location, a portion of the existing structure is waterward of the OHWM. While it was not discussed in much detail during the site visit,the County is addressing this development as after-the-fact construction of a beach access structure. As such, it will require a shoreline permitting (per the Jefferson County Shoreline Master Program) and, ultimately, Ecology approval. As previously noted in correspondence related to the Hardie/Moe stairs to the beach proposal, Ecology has authorized seven conditional use permits for stairs to the beach in 2011 and 2012. Some of the dimensional standards for those structures are as follows: LaFavour—36 sq. ft Green - 50 sq ft total (one deck @ 30 sf& one @ 20 sf) Carter—44 sq ft total (one deck @ 32 sf& one @ 12 sf) Jacobsen- 76 sq ft total (one deck @ 40 sf& one @ 36 sf) L Larson—45+ sf? (three decks referenced, but permit record lists only two: one @ 20 sf& one @ 25 sf) Mr. Garten's deck appears significantly larger than any of these structures and appears to be for both beach access and recreational use. Decks that functions as landings for beach stairways may be permittable in the context of beach access. However, the existing deck significantly exceeds dimensions of recently permitted beach access structures. Decks that are constructed primarily for recreational or residential use should meet shoreline setback requirements. Encroachments into the setback should be required to obtain a shoreline variance. That was the circumstance in the O'Dell case that you mentioned during the site visit. 3 As noted above,the largest individual decks associated with beach access have been approximately 40 square feet(which would still be larger than what is allowed in the new locally-approved SMP). Given the limitations imposed by the County and Ecology in the past, the deck should be reconfigured to be consistent with prior authorizations. Please let me know if you have any questions. R, � g dtick eta:,PWS Wetlands/Shorelands Specialist Shorelands and Environmental Assistance Program Southwest Regional Office (360)407-6221 rmra461 @ecy.wa.gov III Amy Leitman Marine Surveys & Assessments Email: marine.survevs.inc @gmail.com Web: marinesurvevsandassessments.com Office: 360 385-4073 Cell: 360 301-0262 4 Donna Frostholm From: MSA[marine.surveys.inc @gmail.com] Sent: Tuesday, January 21, 2014 12:05 PM To: Donna Frostholm LO .,G ITEM Subject: Re: FW: Shine deck JL Hi Donna, Thank you for forwarding the Ecology guidance as well as the shoreline variance code. On Ecology's end, two things seem most important: 1. Decks for beach access may be permitted, but not for recreational use + beach access. It looks like Ecology considers Mr. Garten's structure to be for recreation + access. 2. The largest decks for beach access being permitted are ''40 sq. ft. This leaves us with a few issues to sort out on the Garten project: 1. Are you considering the structure to be for recreation and beach access, or just for access? Mr. Garten may have "overbuilt," but it does serve mainly as an access structure in his view. 2.The only part of the structure waterward of OHWM, by Ecology determination, was at the western area near the stairs. This is the area where removal is most appropriate. If the entire structure was landward of OHWM, by this removal, how much more of the structure could Mr. Garten retain to enable permitting (assuming that the statement of justification w/the shoreline variance code is acceptable)? The areas of the structure landward of OHWM are not likely to adversely impact the nearshore environment; indeed, its removal may be more harmful than simply allowing it to persist due to the construction traffic on the beach and bluff that would be required. I just want to get on the same page- we will check with Robert on the request for variance in writing, and help him if he wants, but it would be great to get some guidance on what you would like to see for the total amount of structure landward of OHWM (for reference, the current total size is 66' long, approximately 264 ft sq.). Thank you, Mike On Wed, Jan 15, 2014 at 4:31 PM, Donna Frostholm<DFrostholm @co jefferson.wa.us>wrote: 1 III LOG FIE ,nr Amy: Here is the email from Ecology for the Garten application. I do not have an email address for Robert Garten so I put a hard copy in the mail to him today. It looks like DCD needs to review the application against the shoreline variance section of the code (Article VII, Chapter 18.25 JCC). Per JCC 18.25.570,Garten will need to submit a request for a variance in writing along with a statement of justification, which you may need to help him with. The justification will be reviewed by DCD against criteria in Article VII. Thanks, Donna Frostholm JC DCD From: Mraz, Richard A. (ECY) [mailto:rmra461 @ECY.WA.GOV] Sent: Tuesday, January 14, 2014 1:09 PM To: Donna Frostholm Cc: Lund, Perry (ECY); Stewart, Jeff R. (ECY) Subject: Shine deck Donna, Thank you for letting me be of assistance to Jefferson County in determining the Ordinary High Water Mark (OHWM) at the Garten beach access site. As noted in the field, the OHWM is located at the top of the most landward berm of cobble and tidal detritus (primarily eelgrass wrack). Two large pieces of wood were placed at the OHWM on either side of the existing beach access structure. Based upon that location, a portion of the existing structure is waterward of the OHWM. 2 While it was not discussed in much detail during the site visit,the County is addressing this development as after-the-fact construction of a beach access structure. As such, it will require a shoreline permitting (per the Jefferson County Shoreline Master Program) and, ultimately, Ecology approval. As previously noted in correspondence related to the Hardie/Moe stairs to the beach proposal, Ecology has authorized seven conditional use permits for stairs to the beach in 2011 and 2012. Some of the dimensional standards for those structures are as follows: LOG ITE .0 tr • LaFavour—36 sq. ft Pagri of Green - 50 sq ft total (one deck @ 30 sf& one @ 20 sf) Carter—44 sq ft total (one deck @ 32 sf& one @ 12 sf) Jacobsen- 76 sq ft total (one deck @ 40 sf& one @ 36 sf) L Larson—45+ sf? (three decks referenced, but permit record lists only two: one @ 20 sf& one @ 25 sf) Mr. Garten's deck appears significantly larger than any of these structures and appears to be for both beach access and recreational use. Decks that functions as landings for beach stairways may be permittable in the context of beach access. However, the existing deck significantly exceeds dimensions of recently permitted beach access structures. Decks that are constructed primarily for recreational or residential use should meet shoreline setback requirements. Encroachments into the setback should be required to obtain a shoreline variance. That was the circumstance in the O'Dell case that you mentioned during the site visit. As noted above,the largest individual decks associated with beach access have been approximately 40 square feet(which would still be larger than what is allowed in the new locally-approved SMP). Given the limitations imposed by the County and Ecology in the past, the deck should be reconfigured to be consistent with prior authorizations. Please let me know if you have any questions. dekk dYtaz..PWS Wetlands/Shorelands Specialist Shorelands and Environmental Assistance Program 3 Southwest Regional Office (360)407-6221 rmra461 @ecy.wa.gov LOG 'TSUI 3"71' Of Amy Leitman Marine Surveys Et Assessments Email: marine.surveys.inc @gmail.corn Web: marinesurveysandassessments.corn Office: 360 385-4073 Cell: 360 301-0262 4 beri- de--P-) I q /' 71\3e vietd 12- IC - (3 I e+Fe v /4eed 5;4( p a p (avl /tt,d q-• - o 14 0 Al ep.1 toe ve 1\ eed e cItAxip Pb,/- o 0 1A) LO 4) o 1-r LOG ITEM 441, 11^ tIptl of , oDuosaaJJo f/y m/t.uoa•Bup4siigndapoo•nnnnnvrduti uewaunbaa eIgeolldde aa4;o Hy(!!n) •u seop;e4;ieuuew a u! esn;suno; ag!n!;oe Ie!Oiewwoo pa;eposse a4; eo!nUas pue sal;g!oej o!Ignd 041 (!n) MBU a;n;!;suoo;ou !pm esn a41 (n) ).uns 4;!M uo!;ounj pue u6lsap `ez!s ;onJ;s pa;e!oosse pue esn a41 (n!) !pedojd;u0oefpe uo;oedw! Ames nseew a ene4;ou II!nn 'esn ;suno; •e Iepiewwoo pa;eposse a41 (!!!) I JO leuo!;eeJoaa fuewud a4; uodn e le!oaawwoo pa;e!oosse 041 (!!) •u pue esn;suno;JO leuo!;eaJoaa 04;Joj puewep Iedpuud a41 (!) :;e4;A;uo4;ne 6u!noJdde wep ueo;ueo!Idde a4;;e4; `pep!nwd 110!u9nu00 `uessa;eo!Iep `dogs}}!6 e es o;pepua;u! sa!;!l!oeJ Iepiewwoo ;suno;ao uogeaaoaJ epos-Hews (e) •Jepue;s 6u!nnolloj 041 pue `;uewdolenep - - `I. •I Memo Jefferson County Department of Community Development 621 Sheridan Street - Port Townsend, Washington 984061 G ITEM (360) 379-4450 tt. FAX (360) 379-44 aos, TO FROM / ii DATE / COMMENTS lit / • t - / :2 / Donna Frostholm To: MSA Cc: Frank Hall L (3 ITEM Subject: RE: FW: FW: Shine deck , --_-- Hi Mike: ' f*. See below... At this point, I want to make sure the applicant has what we have discussed so I am going to mail this email chain on to him by U.S. Postal Service. From: MSA [mailto:marine.surveys.inc @gmail.com] Sent:Tuesday, February 11, 2014 3:06 PM To: Donna Frostholm Subject: Re: FW: FW: Shine deck Hi Donna, I just spoke to Robert about options on his stairs in light of today's emails, and wanted to follow up with some questions for you: 1. He is willing to aim for a 40 sq ft. deck at the bottom of the current ramp structure- this would be a serious reduction in footprint as compared to what is present now (and is the maximum size deck that has been permitted). So, basically, the structure would retain the upper landing, ramp, and final stairs to the beach with a much reduced deck. This would trigger the variance review/permit and $1900 review fee, correct? Is it possible to do this as an addendum to the already-in-progress review, or is this only possible if he takes the route of removing all structures and building the stairs from the upper landing (as in the submitted HMP). You are correct in that if he wants to apply for a 40sf deck at the end of the stairs, he needs to apply for a variance. See below in the email chain what is needed for review of a variance application. The variance will be added to the current application and review - it will not be a separate application or review. Mr. Garten should hold off on removing any portion of the structure until the permitting process is complete. 2. "The stairs with ramp that he built do not meet building code so that part of the structure has to be re-built to comply with the building code." Could you please forward the relevant codes here? It looks like these aren't shoreline code issues, which I am familiar with, but with building codes. Briefly, how does this affect his construction? Once shoreline permitting is complete, he has to apply for a building permit. I have to defer to the DCD Building Division for building code and building permitting questions. I suggest that you discuss the structure and building requirements with Mr. Garten first because Frank Hall (DCD Building Division) has already spoken to Mr. Garten about this. If you do not get the information you need from Mr. Garten, then I would suggest contacting Frank Hall. 1 3. Failing all other avenues,the simplest solution does appear to be removing the entire beach deck and only having stairs to the beach. Instead of a vertical flight from the upper landing, could the plans be changed to retain the current ramp,and have this terminate with stairs to the beach (as opposed to at a deck)without having to incur the$1900+ permit review? I.e.as a revised site plan for the original submission. It is my understanding that the ramp does not meet building code. Check with Mr. Garten as I believe Frank Hall has already discussed building code requirements with him. Thank you, Mike LO =r a ofy On Tue,Feb 11, 2014 at 11:12 AM,Donna Frostholm<DFrostholm @co.jefferson.wa.us>wrote: Hi Mike: I want to follow up and say that all the information I have given you is based on his application (and previous communications)stating that the stairs will be for residential use only. DCD has not received any indication that the stairs would be used for commercial purposes. Note that additional building and land use permitting requirements may apply for commercial use of the stairs. Based on information to date, DCD is planning on issuing a shoreline permit for residential use only. From: Donna Frostholm Sent:Tuesday, February 11, 2014 11:05 AM To: 'MSA' Subject: RE: FW: Shine deck Hi Mike: Landings and stairs do not count towards deck size. The approximate size of landings that DCD has permitted in the past were listed in the original email from Ecology so any landings proposed for the Gartner application should be of similar size as those previously permitted. The stairs with ramp that he built do not meet building code so that part of the structure has to be re-built to comply with the building code. 2 My calculations will be based on length and width of landings (and I will compare the square footage of Gartner landings to those in the earlier email from Ecology)as well as length and width of the stairs. If a deck is included in the application,the calculation will also be based on the square footage(length and width). From: MSA [mailto:marine.survevs.inc@gmail.com] Sent: Monday, February 10, 2014 4:55 PM LO To: Donna Frosthoim �.�. Subject: Re: FW: Shine deck Hi Donna, I think I am understanding all points here except for one- If Mr. Garten decides to apply for a deck, with a size in line with the previously approved structures, what exactly is included in your size calculation? As you know, his structure features an upper, small landing at road level, a ramp to the beach platform, and the platform itself. Is the total square footage of importance the beach platform, or all three components together? Thank you, Mike On Mon, Feb 10, 2014 at 12:51 PM, Donna Frosthoim<DFrostholm co jefferson.wa.us>wrote: Hi Mike: Since the deck size that Ecology referenced was based on an appeal of a previous shoreline permit, I do not think there will be much leeway. The Jefferson County Code does not provide upper limits to deck size so, unfortunately, I am not able to give you anything more definitive. 3 What I can tell you is that DCD will be considering the deck size (from the previously-appealed shoreline permit),the variance criteria in Chapter 18.25,and (as noted in the Ecology email below) any limits that would apply to decks in our new SMP as guidance. I want to remind you that DCD will not make the final permitting decision for this application; it will be the hearing examiner. DCD only provides recommendations to the hearing examiner, but it is ultimately up to the hearing examiner to determine if the application complies with the Jefferson County Code. If DCD receives an application from Mr. Gartner for a deck, I will also be running it by the planning manager for input prior to making any recommendations to the hearing examiner. L EM From: MSA[mailto:marine.surveys.incPgmail.com] Sent: Wednesday, February 05, 2014 10:15 AM r° To: Donna Frostholm Subject: Re: FW: Shine deck Hi Donna, Sorry for the slow response, I have been running around to meetings. Just to be clear- how much leeway on deck sizing is there on your end? Is the 40 sq ft. measure a limit? And if so, are you including the stairway structure and the landing, or just the landing? Our concern is the impact of removing existing structures + building the proposed stairs vs. simply leaving some of the old structure in place- considering all this, what is the "upper end" size that we could aim for? I just want to be able to best advise Robert on his options in this case. Thank you for your continued guidance on this as well, 4 LOS - 0 , Mike On Thu, Jan 30, 2014 at 11:32 AM, Donna Frostholm<DFrostholm @co.jefferson.wa.us>wrote: Hi Amy: I want to get back to you on this—I apologize for the delay. I have had a chance to take a closer look at the Ecology email. From my perspective, that email describes the permitting approach—shoreline conditional use application or shoreline variance application—depending upon whether Mr.Garten applies for a landing or a deck at the bottom of his stairs. Jefferson County approves stairs to the beach as a conditional use (shoreline permit). In the Ecology email below,the size of some of the landings that Jefferson County has permitted in the past are shown. When I left the Garten pre-app, it was my understanding that he was going to remove the deck and re-built the stairs with all landings above OHWM. For this reason, he has applied for a shoreline conditional use permit. However, also as noted in the Ecology email below, a deck was approved above OHWM that was approximately 40 square feet in size (and larger than what we will be able to approve under the new SMP). As I interpret this email, DCD could only recommend approval of the deck(and the Hearing Examiner could approve the deck) if it meets the variance criteria in Chapter 18.25 JCC and it is consistent with previous deck permitting. If Mr.Garten would like to proceed with his current application,which is for a conditional use permit to construct stairs with landings above OHWM, he needs to submit revised information based on my December 16, 2013 comments, using the OHWM determined by Ecology. However, if Mr. Garten would like to proceed with permitting a portion of the deck, he will need to submit a revised site plan, revised supporting documents,variance documentation based on Article VII of Chapter 18.25 JCC, and a check for $1,904 to cover the cost of variance review and permitting. Let me know if you have any questions. Once I am sure that you and I are 'on the same page' about the shoreline permitting process, I will send copies of this email to Mr. Garten so he knows what we have discussed and can determine how he wants to proceed with permitting. From: MSA [mailto:marine.surveys.inc@gmail.com] Sent:Tuesday, January 21, 2014 12:05 PM 5 To: Donna Frostholm Subject: Re: FW: Shine deck LOG If ..M Hi Donna, Thank you for forwarding the Ecology guidance as well as the shoreline variance code. On Ecology's end, two things seem most important: 1. Decks for beach access may be permitted, but not for recreational use + beach access. It looks like Ecology considers Mr. Garten's structure to be for recreation + access. 2. The largest decks for beach access being permitted are —40 sq. ft. This leaves us with a few issues to sort out on the Garten project: 1. Are you considering the structure to be for recreation and beach access, or just for access? Mr. Garten may have "overbuilt," but it does serve mainly as an access structure in his view. 2.The only part of the structure waterward of OHWM, by Ecology determination, was at the western area near the stairs. This is the area where removal is most appropriate. If the entire structure was landward of OHWM, by this removal, how much more of the structure could Mr. Garten retain to enable permitting (assuming that the statement of justification w/the shoreline variance code is acceptable)? The areas of the structure landward of OHWM are not likely to adversely impact the nearshore environment; indeed, its removal may be more harmful than simply allowing it to persist due to the construction traffic on the beach and bluff that would be required. 6 I just want to get on the same page- we will check with Robert on the request for variance in writing, and help him if he wants, but it would be great to get some guidance on what you would like to see for the total amount of structure landward of 01-IWM (for reference, the current total size is 66' long, approximately 264 ft sq.). Thank you, , ¢1 Mike On Wed, Jan 15, 2014 at 4:31 PM, Donna Frostholm<DFrostholm @co.jefferson.wa.us>wrote: Amy: Here is the email from Ecology for the Garten application. I do not have an email address for Robert Garten so I put a hard copy in the mail to him today. It looks like DCD needs to review the application against the shoreline variance section of the code(Article VII, Chapter 18.25 JCC). Per JCC 18.25.570,Garten will need to submit a request for a variance in writing along with a statement of justification, which you may need to help him with. The justification will be reviewed by DCD against criteria in Article VII. Thanks, Donna Frostholm JC DCD 7 From: Mraz, Richard A. (ECY) [mailto:rmra461 @ECY.WA.GOV] Sent:Tuesday, January 14, 2014 1:09 PM To: Donna Frostholm Cc: Lund, Perry (ECY); Stewart, Jeff R. (ECY) 0 Subject: Shine deck Donna, Thank you for letting me be of assistance to Jefferson County in determining the Ordinary High Water Mark (OHWM) at the Garten beach access site. As noted in the field,the OHWM is located at the top of the most landward berm of cobble and tidal detritus (primarily eelgrass wrack). Two large pieces of wood were placed at the OHWM on either side of the existing beach access structure. Based upon that location, a portion of the existing structure is waterward of the OHWM. While it was not discussed in much detail during the site visit,the County is addressing this development as after-the-fact construction of a beach access structure. As such, it will require a shoreline permitting (per the Jefferson County Shoreline Master Program)and, ultimately, Ecology approval. As previously noted in correspondence related to the Hardie/Moe stairs to the beach proposal, Ecology has authorized seven conditional use permits for stairs to the beach in 2011 and 2012. Some of the dimensional standards for those structures are as follows: LaFavour—36 sq. ft Green - 50 sq ft total (one deck @ 30 sf& one @ 20 sf) Carter'44 sq ft total (one deck @ 32 sf& one @ 12 sf) Jacobsen - 76 sq ft total (one deck @ 40 sf& one @ 36 sf)L Larson—45+ sf? (three decks referenced, but permit record lists only two: one @ 20 sf& one @ 25 sf) Mr. Garten's deck appears significantly larger than any of these structures and appears to be for both beach access and recreational use. Decks that functions as landings for beach stairways may be permittable in the context of beach access. However,the existing deck significantly exceeds dimensions of recently permitted beach access structures. Decks that are constructed primarily for recreational or residential use should meet shoreline setback requirements. Encroachments into the setback should be required to obtain a shoreline variance. That was the circumstance in the O'Dell case that you mentioned during the site visit. s As noted above,the largest individual decks associated with beach access have been approximately 40 square feet(which would still be larger than what is allowed in the new locally-approved SMP). Given the limitations imposed by the County and Ecology in the past,the deck should be reconfigured to be consistent with prior authorizations. Please let me know if you have any questions. k aPttaz,PWS Wetlands/Shorelands Specialist Shorelands and Environmental Assistance Program Southwest Regional Office (360)407-6221 rmra461 @ectj.wa.gov_ Amy Leitman Marine Surveys Et Assessments Email: marine.surveys.inc @gmail.corn Web: marinesurveysandassessments.corn Office: 360 385-4073 Cell: 360 301-0262 Amy Leitman 9 Donna Frostholm From: Mraz, Richard A. (ECY) [rmra461 @ECY.WA.GOV] Sent: Tuesday, January 14, 2014 1:09 PM LOG I_ To: Donna Frostholm �� Cc: Lund, Perry (ECY); Stewart, Jeff R. (ECY) ; Subject: Shine deck Of Thank you for letting me be of assistance to Jefferson County in determining the Ordinary High Water Mark (OHWM) at the Garten beach access site. As noted in the field, the OHWM is located at the top of the most landward berm of cobble and tidal detritus (primarily eelgrass wrack). Two large pieces of wood were placed at the OHWM on either side of the existing beach access structure. Based upon that location, a portion of the existing structure is waterward of the OHWM. While it was not discussed in much detail during the site visit,the County is addressing this development as after-the-fact construction of a beach access structure. As such, it will require a shoreline permitting (per the Jefferson County Shoreline Master Program) and, ultimately, Ecology approval. As previously noted in correspondence related to the Hardie/Moe stairs to the beach proposal, Ecology has authorized seven conditional use permits for stairs to the beach in 2011 and 2012. Some of the dimensional standards for those structures are as follows: LaFavour—36 sq. ft Green- 50 sq ft total (one deck @ 30 sf& one @ 20 sf) Carter—44 sq ft total (one deck @ 32 sf& one @ 12 sf) Jacobsen - 76 sq ft total (one deck @ 40 sf& one @ 36 sf) L Larson—45+ sf?(three decks referenced, but permit record lists only two: one @ 20 sf& one @ 25 sf) Mr. Garten's deck appears significantly larger than any of these structures and appears to be for both beach access and recreational use. Decks that functions as landings for beach stairways may be permittable in the context of beach access. However,the existing deck significantly exceeds dimensions of recently permitted beach access structures. Decks that are constructed primarily for recreational or residential use should meet shoreline setback requirements. Encroachments into the setback should be required to obtain a shoreline variance. That was the circumstance in the O'Dell case that you mentioned during the site visit. As noted above,the largest individual decks associated with beach access have been approximately 40 square feet(which would still be larger than what is allowed in the new locally-approved SMP). Given the limitations imposed by the County and Ecology in the past,the deck should be reconfigured to be consistent with prior authorizations. Please let me know if you have any questions. o ettaz,PWS Wetlands/Shorelands Specialist Shorelands and Environmental Assistance Program Southwest Regional Office (360)4076221 rmra461 @ecy.wa.gov 1 Memo Jefferson County Department of Community Development 621 Sheridan Street Port Townsend, Washington q82gR (360) 379-4450 KM ITEM FAX (360) 379-44* of TO / (- / / FROM 7„.;(()/1 / ("1/1 DATE / COMMENTS (7,/: (1. d , 2'7 Z" / LiL „ ( ( i Ij Ii( r / I 1 I V C ; / / Donna Frostholm From Mraz, Richard A. (ECY) rmra461 ECY.WA.GOV '^- Sent: Tuesday, January 14, 2014 1:09 PM To: Donna Frostholm Cc: Lund, Perry (ECY); Stewart, Jeff R. (ECY) , Subject: Shine deck "-- Of Donna, Thank you for letting me be of assistance to Jefferson County in determining the Ordinary High Water Mark (OHWM) at the Garten beach access site. As noted in the field, the OHWM is located at the top of the most landward berm of cobble and tidal detritus(primarily eelgrass wrack). Two large pieces of wood were placed at the OHWM on either side of the existing beach access structure. Based upon that location, a portion of the existing structure is waterward of the OHWM. While it was not discussed in much detail during the site visit,the County is addressing this development as after-the-fact construction of a beach access structure. As such, it will require a shoreline permitting(per the Jefferson County Shoreline Master Program) and, ultimately, Ecology approval. As previously noted in correspondence related to the Hardie/Moe stairs to the beach proposal, Ecology has authorized seven conditional use permits for stairs to the beach in 2011 and 2012. Some of the dimensional standards for those structures are as follows: LaFavour—36 sq. ft Green - 50 sq ft total (one deck @ 30 sf& one @ 20 sf) Carter—44 sq ft total (one deck @ 32 sf& one @ 12 sf) Jacobsen- 76 sq ft total (one deck @ 40 sf& one @ 36 sf) L Larson—45+ sf?(three decks referenced, but permit record lists only two: one @ 20 sf& one @ 25 sf) Mr. Garten's deck appears significantly larger than any of these structures and appears to be for both beach access and recreational use. Decks that functions as landings for beach stairways may be permittable in the context of beach access. However,the existing deck significantly exceeds dimensions of recently permitted beach access structures. Decks that are constructed primarily for recreational or residential use should meet shoreline setback requirements. Encroachments into the setback should be required to obtain a shoreline variance. That was the circumstance in the O'Dell case that you mentioned during the site visit. As noted above, the largest individual decks associated with beach access have been approximately 40 square feet(which would still be larger than what is allowed in the new locally-approved SMP). Given the limitations imposed by the County and Ecology in the past, the deck should be reconfigured to be consistent with prior authorizations. Please let me know if you have any questions. oiekk eta:,PWS Wetlands/Shorelands Specialist Shorelands and Environmental Assistance Program Southwest Regional Office (360)407-6221 rmra461 @ecy.wa.6ov 1 A Donna Frostholm From: MSA[marine.surveys.inc @gmail.com] Sent: Friday, January 10, 2014 8:51 AM To: Donna Frostholm LOG _r Subject: Re: Garten this afternoon r thanks Donna, ` � Amy On Fri, Jan 10, 2014 at 8:11 AM, Donna Frostholm<DFrostholm @co.jefferson.wa.us>wrote: Hi Amy and Mike: We are on for meeting Ecology this afternoon. I will call you at 385-4073 when the pre-app ends so you will when Ecology and I are leaving that site. I am estimating that we can get to the Garten site at about 4ish,but it all depends on how long the pre-app lasts. If for any reason you do not get a call from me (phone dies, whatever), plan on meeting at 4:00 on the Garten site. See you then, Do vwi cv Froj holmv Associate PCanner/Wet(andSpecialist Jefferson County Department of Community Deveoopment 621 Sheridan Street Port?otivnsens4 Washington 98368 dfrosthorm@cojefferson.wa.us va.us 360.47A.4466 Department of Community Development is open from 9:00 to 4:30 Monday through Thursday;DCD is closed on Friday. 1 All e-mails sent to and from this address will automatically be archived by Jefferson County and emails may be subject to Public Disclosure under Chapter 42.56 RCW. LUG fir:E a Amy Leitman Marine Surveys & Assessments Email: marine.surveys.inc @gmail.com Web: marinesurveysandassessments.corn Office: 360 385-4073 Cell: 360 301-0262 2 Donna Frostholm From: MSA[marine.surveys.inc @gmail.com] � Sent: Wednesday, January 08, 2014 9:05 AM G To: Donna Frostholm Subject: Re: Garten stairway to beach project Sounds good. On Tue, Jan 7, 2014 at 4:54 PM, Donna Frostholm<DFrostholm @co.jefferson.wa.us>wrote: Hi Mike: How about Thursday at 10:00? From: MSA [mailto:marine.surveys.inc(agmail.com] Sent: Monday, January 06, 2014 2:45 PM To: Donna Frostholm Subject: Re: Garten stairway to beach project Hi Donna, I hope you had a great holiday break! Would you have time to meet this week with Amy and I to review Robert Garten's OHWM determination? Wednesday (except for 12-1) or Thursday morning work best on our end. Thanks, Mike On Mon, Dec 23, 2013 at 1:05 PM, MSA<marine.surveys.inc @gmail.com>wrote: i Hi Donna, Thank you- we'd love to start by coming by DCD to discuss OHWM. When Amy and I return from the holidays (week of 1/5/2014), I'll get in touch to schedule a good time. LUG z I Have a great holiday, Mike On Fri, Dec 20, 2013 at 4:23 PM, Donna Frostholm<DFrostholm@co.jefferson.wa.us>wrote: Hi Mike: See below... From: MSA [mailto:marine.surveys.incOgmail.com] Sent: Friday, December 20, 2013 10:20 AM To: Donna Frostholm Subject: Re: Garten stairway to beach project Hi Donna, Thanks again for talking, that was very informative. Just to verify, here is an approach that might work best for all: 1. Do an official OHWM determination with Ecology. The first step, if MSA disagrees with the OHWM location that I determined during the pre-application meeting, is for you to come in to DCD so I can show you in the OHWM Guide that we use how I came to my conclusion for the OHWM location. If,after reviewing that guide, MSA stills disagrees,then the next step would be to ask Ecology to make the call. II 2 2. If this shows OHWM to be acceptably below the current and the proposed stairs, would an after-the fact permitting of the stair structure that is in place be a reasonable thing for Mr. Garten to apply for? I know this is not a reasonable goal if the stairs were below OHWM, but may be more so if above OHWM. Yes, if it is determined that the OHWM is below (i.e., waterward of)the structures that he constructed without permits,then he would be able to proceed with shoreline permitting as currently submitted. 3. If this shows OHWM to be at the toe of the bluff, obviously this would be problematic and we would recommend that Mr. Garten instead apply to permit a small, new, stairway, landward of OHWM. W f y. rc e - Thank you, have a great holiday, 4 ._ Mike On Thu, Dec 19, 2013 at 4:41 PM, Donna Frostholm<DFrostholm @co.jefferson.wa.us>wrote: Hi Mike: I have spent a lot of time with Robert Garten and what he submitted for was completely different than what we discussed during the pre-app. I will be in meetings most of the day tomorrow, but hopefully,we can connect by phone. Feel free to try calling me tomorrow. Donna 'Donna/FrosthoAm/ .Associate Planner/WetlandSpecialist Jefferson County Department of Community DeveCopment 621 Sheridan Street Port Townsend, Washington 98368 3 dfrosthoCm @co jefferson.wa.us L(A, f ,q �s r °� 360.379.4466 tel ll Department of Community Development is open from 9:00 to 4:30 Monday through Thursday;DCD is closed on Friday. All e-mails sent to and from this address will automatically be archived by Jefferson County and emails may be subject to Public Disclosure under Chapter 42.56 RCW. From: MSA [mailto:marine.surveys.inc(a>gmail.com] Sent: Thursday, December 19, 2013 3:05 PM To: Donna Frostholm Subject: Garten stairway to beach project Hi Donna, We just spoke with Robert Garten about his beach stairway structure. He shared the letter he just received asking for changes to the application, most significant of which was the request to remove the pre-existing (non-permitted) stair structure. In our approach to this project, we understood (from the pre-app meeting that Mr. Garten had with the County) that we were applying for the new stairs as a way to enter the pre-existing stairs into the County for review. Robert would like, above all else on this project, to retain the existing structure. We were under the impression that the reporting we did would open this up for discussion. Did we misunderstand the County aim on this front? And, if so, is there any way you would like to proceed here to allow for this discussion? Feel free to call the office or respond over email. I be working through tomorrow before a holiday break, and I'd love to help make progress on this project before the holiday. 4 Thank you, a.I. LUG S TM Mike -� iLt Amy Leitman Marine Surveys & Assessments Email: marine.surveys.inc @gmail.corn Web: marinesurveysandassessments.corn Office: 360 385-4073 Cell: 360 301-0262 Amy Leitman Marine Surveys & Assessments Email: marine.surveys.inc @email.corn Web: marinesurveysandassessments.corn Office: 360 385-4073 Cell: 360 301-0262 Amy Leitman 5 Donna Frostholm From: Kaehler, Gretchen (DAHP) [Gretchen.Kaehler @DAHP.wa.gov] Sent: Wednesday, December 11, 2013 4:16 PM LUG aY a To Donna Frostholm Subject: RE: garten mIa13-00153 report needed'? "y qag W Hi Donna, Yes, I think they need a survey. They are immediately adjacent to an historical cemetery and there is a good possibility for unmarked graves being present in the project area. Thanks, Gretchen Gretchen Kaehler Assistant State Archaeologist, Local Governments Department of Archaeology and Historic Preservation Olympia Ph:360-586-3088 Ce11:360-628-2755 From: Donna Frostholm [mailto:DFrostholmOco.jefferson.wa.us] Sent: Wednesday, December 11, 2013 2:49 PM To: Kaehler, Gretchen (DAHP) Subject: garten mla13-00153 report needed? Hi Gretchen: See below from DAHP mapping. The applicant is proposing to construct stairs to the beach on parcel 821 334 076. Is an archaeology report needed? Donna Frostholm From: MSA[marine.surveys.inc @gmail.com] > Sent: Friday, November 22, 2013 5:20 PM LUGS To: Donna Frostholm Subject: Re: Garten beach stairway project -- Hi Donna, All sounds good here. Thank you and have a good weekend, Mike On Fri,Nov 22, 2013 at 4:39 PM, Donna Frostholm<DFrostholm @co.jefferson.wa.us>wrote: Hi Mike: Since the site is less than 0.25 acre,a reasonable economic use variance will be required to permit the project within the fish and wildlife habitat conservation area buffer. In addition to the items listed below, DCD will also need a Variance form completed and submitted at the time of application. Please fill out the Variance Application form for Mr. Garten (assuming he has not already done so). Remember that DCD makes appointments to submit applications. Please call 379-4450 to make an appointment with Mary, our permit technician. Also, remember that a check will be needed to cover all permitting fees at the time of application. Once you have the Variance Application,the check, and the items you listed below,you should be ready to submit. Donna From: MSA [mailto:marine.surveys.inc(agmail.com] Sent: Friday, November 22, 2013 9:52 AM To: Donna Frostholm Subject: Garten beach stairway project Hi Donna, I am about to submit the Garten beach stairway Habitat Management Plan, JARPA, and MPA to your office. I just reviewed your notes from the Pre-application meeting with Robert Garten, and, according to these notes, this should be sufficient because his project is all above OHWM. The pre-app notes indicate that, if the project is above OHWM, the following items are required: Lek, ITEM -MPA ;M -JARPA -Site plan (included with HMP) -Proposed drawings and details (included with HMP) -HMP I just wanted to check in on this- is this still an acceptable approach? Thanks, Mike Amy Leitman Marine Surveys & Assessments Email: marine.surveys.inc @gmail.com Web: marinesurveysandassessments.com Office: 360 385-4073 Cell: 360 301-0262 2 Amy Leitman y� ` Marine Surveys Et Assessments � Email: marine.surveys.inc@qmail.com • Web: marinesurvevsandassessments.com G-31: Office: 360 385-4073 Cell: 360 301-0262 3 4w N coG JEFFERSON COUNTY k£ ,. DEPARTMENT OF COMMUNITY DEVELOPMENT t >> 621 Sheridan Street I Port Townsend,WA 98368 I Web:www.co.iefferson.wa.us/communitydevelopment � , ..oT Tel:360.379.4450 Fax:360.379.4451 Email:dcd at7co.iefferson.wa.us Building Permits&Inspections I Development Consistency Review I Long Range Planning I Watershed Stewardship Resource Center December 16, 2013 ROBERT L GARTEN LOG ITEM 201 STARK RD PORT LUDLOW WA 983659513 4 r 1T.. - qi RE: SITE ADDRESS: SHINE RD CASE#: MLA13-00153 Dear ROBERT L GARTEN: The Department of Community Development is in the process of reviewing your application. The following information is needed to continue review of your project. Submit a scaled site plan that shows parcel boundaries, a scale bar, and a north arrow. The proposed stairs and the previously-constructed (unpermitted) deck and stairs should be shown relative to parcel boundaries. The portion of the unpermitted development that will be removed should be clearly identified on the site plan. The ordinary high water mark (OHWM), which is located at the toe of the slope, must also be shown on the site plan. An example of how to prepare a site plan was included in your copy of the pre-application notes. Submit drawing and details of the proposed stairs to the beach. The drawing must show the length and width of the landings and the stairs. The project description of the JARPA form needs to state that the unpermitted stairs and deck will be removed. The OHWM referenced in the JARPA needs to be changed to the toe of the slope. The number of Nootka roses plants to be installed should be included in the Habitat Management Plan (HMP) and a performance standard for non-native plant removal needs to be added. The OHWM should be shown at the toe of the slope. Also, the HMP should state that the unpermitted structures on the shoreline will be removed. A stormwater calculation worksheet needs to be completed for this project. A blank form was included in your copy of the pre-application meeting notes. A cultural/archaeological report needs to be prepared for review by Washington Department of Archaeology and Historic Preservation and local tribes. Submit a copy of the report to DCD, and this department will forward it on for review by others. If you have any questions, I can be contacted by phone at 360-379-4466 or by email at dfrostholm @co.jefferson.wa.us . Please submit the above information to the Department of Community Development by March 16, 2014. Pursuant to Jefferson County Code, JCC 18.40.110(3) and (6), if the applicant does not submit the additional information or does not request additional time to submit the required information within the ninety (90) calendar day period, the application will be considered abandoned and therefore withdrawn and the applicant shall forfeit the application fee. The Department of Community Development shall not be responsible for notifying the applicant of an impending G-04,--t-t.1-1 MLA 13-1 S3 p e-ozciz 1 b,7A -Pate. Z v f Z expiration. Si ce''r11ely, yv� ! ■�' I. Department of Cod's'unity Devel.tment Staff c: File \\tidemark\data\forms\F_MLT_Addlnfo_Requst.rpt 12/16/2013 December 16, 2013 ROBERT L GARTEN 201 STARK RD PORT LUDLOW WA 983659513 RE: SITE ADDRESS: SHINE RD MLA#: MLA13-00153 Dear ROBERT L GARTEN: Jefferson County Department of Community Development staff has reviewed the application materials for the above project proposal and has determined that the application is substantially complete. Additional information needed for project review may be requested in writing by the Director or Project Planner. Please call the Department of Community Development if you have any questions. Sincerely, Department of Community Development Staff c: File December 16, 2013 Dear Reviewer, RE: MLA13-00153 Jefferson County has forwarded the attached application to you for review and comment because your agency is responsible for determining compliance with state and federal requirements or may otherwise be affected by the following proposal: Location: Comments must be received within fourteen (14) calendar days or by December 30, 2013. If no written response has been received within fourteen (14) days, your agency will be presumed to have no comments. If necessary, the UDC administrator may grant an extension of time for comment. Please contact at(360)379-4450 if you desire an extension of time or have additional questions regarding this proposal. Thank you in advance for your attention to this matter. Sincerely, c: , \\tidemark\data\forms\F_MLT AppSubstComplt.rpt 12/16/2013 CASES, FINDING, CONDITIONS, PERMISSIONS FOR Parcel 821334076 Printed: December 4, 2013 Cases Name Review Type Status Planner COM 13-00149 GARTEN ACT Application Received: 7/25/2013 Permit Issued/Case closed: Case Finaled: STAIRS BUILT TO BEACH WI I HOUT PERMIT No findings, conditions, or permissions found. SDP13-00048 MLA13-00153 GARTEN P Application Received: 11/27/2013 Permit Issued/Case closed: Case Finaled: STAIRS TO THE BEACH No findings, conditions, or permissions found. PRE13-00020 GARTEN M Application Received: 8/5/2013 Permit Issued/Case closed: 9/19/2013 Case Finaled: STAIRS TO BEACH No findings, conditions, or permissions found. \\tidemark\data\forms\R_MLT_Parcel_Cond.rpt 12/4/2013 Page 1 of 1 ON I „i.) CQd JEFFERSON COUNTY ,, // ,29 W DEPARTMENT OF COMMUNITYDEVELOPMENT `b. `'Cg , ti t `4 621 Sheridan Street • Port Townsend •Washington 98368 360/379-4450 • 360/379-4451 Fax Isziatie p www.Co.jefferson.wa.us/commdevelop#ni Master Permit Application _.-._,�_.a,,..•--ALA: IS — 1 S _S , Project Description(include separate sheets as necessary):' 4— {1 ._-„_.,_ _ ., L Tax Parcel Number: 3' 2. 1 2j'3 ” 0 7 to Property Size: 0 676 4r/square feet) Site Address and/or rDDirections to Property: i:j gii`i Ng Property Owner(s)of Record: k 6 •e.iei L. *Crecy Telephone: 31O.Q`11 33'7`4225 Fax: email: Mailing Address: , :. /I& !: I '! .3 ,, L.pW . 4 17 • Applicant/Agent(if different from owner): 19614\/!e c1,,,,i'Ve7 pnd '.ccejSy, l Telephone: (?60) 375- - (1073 Fax: / email: I"7arbie. Soul,- / L. a fi° r Mailing Address S,4 5 L1 A9 5 mod r D f P� J! L+ 97367 1#(4141 What kind of Permit?(Check each box that applies ❑ Lot or Road Segregation ❑Building ❑ Critical Areas Stewardship Plan ❑ Demolition Permit ❑Variance(Minor, Major or Reasonable Economic Use) ❑ Single Family ❑Garage Attached/Detached ❑ Conditional Use[C(a), C(d),or C]** ❑ 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** ❑Ciyn ❑ Plannea Rurai Residential Development(PRRD)/Amendments** ❑Allowed"Yes"Use Consistency Analysis ❑ Plat Vacation/Alteration** ❑ Stormwater Management ❑Shoreline Master Program Exemption/Permit Revisions" ❑Site Plan Approval Advance Determination(SPAAD)* •54.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 *May require a Pre—Application Conference ❑Tree Vegetation Request **Requires a Pre-Application Conference Please identify any other loc I,state or federal permits required for this proposal, if known: eA o $ 4 DESIG ATION OF AGENT I hereby designate 9 . p, „ sir, to act as my agent in matters relating to this application for permit(s). dr ' r OWNER SIGNATURE ' : 1� '.at ,__Mii Date: 9---, 3—/3 By signing this application form,the owner/agent attests that the information provided herein,and in any attachments,is true and correct to the best of his,her or its knowledge. 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 arid right of entry to Jefferson County and its employees,representatives or agents for the sole purpose of application review and any required later inspections. Staffs access and right of entry will be assumed unless the applicant informs the County in writing at the time of the app' ti tha he or e ts pri notice. Q Signature: f� Date: 7 - 2? / -3 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 in compliance with the Jefferson County development code.The Applicant acknowledges that he,she or it holds individual and non-transf ab re onsr ty "r adhe�,,g to and complying with the ESA. The Applicant has read this disclaimer and signs and dates it below. Signature: "' i'#' Date: 9-,t 3 /- G:\PermitCenter\###FORMS###\DRD FORMS\Current DRD Forms\Master Permit Application 5-29-08.doc I 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 they will be assn 'rig the r ponsi ility•1 he Gener I Contractor for the proposed proje(ct. Signature: 7 d s t. eV d` , Date: -_ t - 23 I GENERAL CONTRACTOR OR MANUFACTURED HOME INSTALLER: PHC?NE: ;L..`l.. t,; e ( ) �":r. ( ) MAILING ADDRESS: EMAIL ,-,,, __`- "---—""-- �-- CONTRACTOR'S LICENSE WAINS t *- -. , NUMBER: NUMBER r �' ARCHITECT/ENGINEER: PHONE ( ) Fax:( ) MAILING ADDRESS: EMAIL Project Type: Frame Type: Bathrooms: Shoreline: Type of Sewage Disposal: O New 0 Wood Existing: o Sewer O Addition Li Steel Proposed: Bank 0 Community System O Alteration/Remodel 0 Concrete Total: _ Height: 0 Individual System O Repair 0 Masonry )‹ SEP Permit# O Demolition 0 Other: Bedrooms: Water Supply: Existing: Setback: ❑ Private well 0 Two Party Type of Heat: Proposed: 0 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: I Underground Tank i Above ground Tank Size of Propane Tank: i Heat Stove i Cook Stove i Woodstove i Fireplace Insert i Hot Water Tank i Pellet Stove i Other 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 mice Use Only Amount. Revision _ Main Floor Heated EH Bld App Review: 2"0 Floor Heated Consistency Review: Other Heated Base fee: �4 - Mezzanine Additional Section: ;'t.' a 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: $ 2,2■017Y', Receipt Number: `LS— 9 Cash/Check Number: 14v ESTIMATED COST(REQUIRED) Date: •Fair market value of all labor and materials foundation to finish l.` /2 -/ (3 Initials: 441: . G:\PermitCenter\###FORMS###\DRD FORMS\Current DRD Forms\Master Permit Application 5-29-08.doc 1-- -- — WASHINGTON STATE a t , Seems OICMCt 1 �a Joint Aquatic Resources Permit Application (JARPA) Form'°2 USE BLACK OR BLUE INK TO ENTER ANSWERS IN THE WHITE SPACES BELOW. f Y,ry r `6 Part 1—Project Identification 1. Na A ilarn'e. € •'th ..Examples:Smt s 0ock of ror c : , r v; Garten Beach Access Stairway Project Part 2—Applicant The person and/or organization responsible for the project. [heiDi ., i _ .. . . , .. , ... a� <'t�,".� fed.,. x.•, a�;n'*,Su' Garten, Robert L. 201 Stark Rd. Port Ludlow, WA 98365 Fax 2h (360) 437-2852 (360) 301-1801 ( ) 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.armv.mil/Missions/CivilWorks/Regulatory/PermitGuidebook/EndanoeredSpecies.aspx. • 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://www.epermittino.wa.00v/site/alias resourcecenter/iarpa larva form/9984/larva form.aspx. For other help,contact the Governors Office for Regulatory Innovation and Assistance at(800)917-0043 or helot ora.wa.gov. JARPA Revision 2012.2 Page 1 of 18 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.) [help] R 4 Na � , S Leitman, Amy Marine Surveys &Assessments ,.< ailiriti-Addrfois tt4tAtet .Box) 521 Snagstead Rd. Port Townsend, WA 98368 � stmt Pie; ) 39. Fax 3 E-mail (360) 385-4073 (360) 301-0262 ( ) marine.surveys.inc @gmail.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. [heipi ® Same as applicant. (Skip to Part 5.) ❑ 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. � dk at Alto.i s= j a ;.) 44.Matfirig AddreattlatteettopPo Box) , ,` ., a ,. �> p ) 4g. Fax 4h: E i ( ) ( ) ( ) JARPA Revision 2012.2 Page 2 of 18 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. 5L t e of rtes p t (C brat apps ; ® Private '` ❑ Federal ❑ Publicly owned (state,county, city, special districts like schools, ports, etc.) ❑ Tribal ❑ Department of Natural Resources (DNR)-managed aquatic lands (Com� plete JARPA Attachment E) (t 1 * th:4 ae x N Project is on a small parcel approximately 120' long x 25' wide, directly across from the Shine Road Cemetery. It extends from Shine Road down a steep beach bluff to beach grade, approximately 25' below Shine Road.•. �� • A PP • : thena eoft rest� Port Ludlow, WA 98365 . 1ty r Jefferson 10 l ,jec't fro 7 $�:� !A b d �, i ql� N➢ 0. �� '` � / � t N �' �s,tea i e a SE % 33 28 1E Proms 1 t the aroj �tio n. j • E � ''�.!-tom ' � ald s Proposed stairway is located at Latitude 47.86821° N; Longitude 122.67620 °W. 'h t l ids for p ct 100at n, 0'`s` lion. 821334076 adj a-`t �,' v , Bruce and Marsha Case 531 Shine Rd. 821334034 Port Ludlow, WA 98365 Shine Cemetery Association 821334001 .................................................................................................................................................................................................................................................... Ernest and Theresa Emmert 595 Shine Rd. 821334015 Port Ludlow, WA 98365 Bruce and Marsha Case 531 Shine Rd. 821334071 Port Ludlow, WA 98365 JARPA Revision 2012.2 Page 3 of 18 tittisisifiketrwt 1` 4 3� ;d iotthe project location, =td v None o h 4 , ra nds)on or adjacent to the project location. I R=. Squamish Harbor, Puget Sound WA Is any part of the ro : , h n a 100-year floodplaiin? ® Yes ❑ No ❑ Don't know and Ilabitat condo on the ProPertY. , Existing tree species include willow (Salix sp.), bigleaf maple (Acer macrophyllum), western red cedar (Thuja plicata), apple (Malus sp)., and black cottonwood (Populus balsamifera ssp. Trichocarpa). Other existing plant species include Nootka rose (Rosa nutkana), snowberry (Symphoricarpos albus),tall Oregon grape (Mahonia aquifolium), trailing blackberry (Rubus ursinus), fireweed (Epilobium angustifolium), silver beachweed (Ambrosia Chamissonia), bedstraw (Galium sp.), pea family (Vetch sp.), American dunegrass (Leymus monis); unknown grasses (Aster sp), carrot species (Daucus carota), mustard (Brassica sp.), morning glory (Convolvulaceae sp.), and dock (Rumex sp.). The major invasive species present were Himalayan blackberry (Rubus armeniacus) and periwinkle (Vinca Major). Below the property, there is a large intertidal beach area. This area is characterized by a long, gently sloping beach with substrate transitioning from cobble and pea gravel to a sand and mud flat. Upper intertidal macroalgae includes patchy Ulva and the invasive Japanese eelgrass (Zostera japonica). % ep 5 cnbe nowtneproperty is°currently used. lbw 4- It is a small parcel with no permanent habitation. There is a current structure used to access the beach from Shine Rd. 10001;410,410w nt properties are currently used . Adjacent parcels 821334034 and 821334015 include single-family homes on the upland side of Shine Rd. and an undeveloped area along the beach bluff on the seaward side of Shine Rd., directly next to the subject parcel. Adjacent parcel 821334001 is a cemetery. Adjacent parcel 821334071 is an undeveloped tideland area. . D t the (above and below ground) on the preperty, including c rr nt condition, .tt, JARPA Revision 2012.2 Page 4 of 18 The parcel currently has a beach platform structure. The total length of this structure is 66' and its maximum seaward extent is approximately 6.8' landward of Ordinary High Water Mark (OHWM). It has a small upper platform near Shine Rd., a sloping ramp to another ramp at 5' above beach grade, and a stairway down to the beach grade. See attached Habitat Management Plan for pictures and site plans of this structure. Provide t " ions t .'Closest highway to the project ion, v► . a i From Highway 104 E, take a right onto Shine Rd. approximately 2 miles west of the Hood Canal Bridge. Follow Shine Rd. until the Shine Road Cemetery, near 531 Shine Rd. Parcel is directly across from Shine Road Cemetary. See attached Habitat Management Plan from map. Part 6—Project Description ftia. Briefly sOminarizelIe overall project,You can provide more detail in 6b. a, u The proposed project is a stairway from the top of a bluff down to the beach. The stairway would extend from the upper platform of the already existing beach structure (see 5o. for description), and would also end approximately 6.8' landward of OHWM. 6b.thleoribeihe PorPose of why you want or need to perform The purpose of this project is to create access for the Garten family to the beach. Robert Garten, the proponent, owns 3 of tideland parcels (821334076, 821334075, 821334074) that can be accessed from the proposed stairway. thdloste the Project category. fCboc c at#eat SOY/"ttigol ❑ Commercial [' Residential ❑ Institutional ❑ Transportation ® Recreational ❑ Maintenance ❑ Environmental Enhancement a ,a kz '� ...fir t E " d W, q¢ � ' iuw 1€ cu i Q t'f+ r y t'� l$ k ti d R; t1";`ttAtik �' � n.ti4 "E fix$ ❑ Aquaculture ❑ Culvert ❑ Float ❑ Retaining Wall 111 Bank Stabilization [' Dam /Weir El Floating Home (upland) [' Boat House ❑ Dike/ Levee/Jetty ❑ Geotechnical Survey [' Road ❑ Boat Launch ❑ Ditch ❑ Land Clearing ❑ Scientific JARPA Revision 2012.2 Page 5 of 18 ❑ Boat Lift ❑ Dock/ Pier ❑ Marina/ Moorage Measurement Device ❑ Bridge ❑ Dredging ❑ Mining ® Stairs ❑ Bulkhead ❑ Fence ❑ Outfall Structure ❑ Stormwater facility ❑ Buoy ❑ Ferry Terminal ❑ Piling/Dolphin ❑ Swimming Pool ❑ Channel Modification ❑ Fishway ❑ Raft ❑ Utility Line LU P Y Af ❑ Other: JARPA Revision 2012.2 Page 6 of 18 '� e '4C Ilk;` .. e r C u All activities will occur in a narrow (approximately 6' wide) stretch of the parcel, which is on a bluff above a beach fronting Squamish Harbor. This beach is within the 100-year floodplain (See FEMA map#5300690885B). 1. Construction vehicle access shall be limited to one route (Shine Rd.) 2. Because the stairway can be constructed in a short period of time, construction will only occur in the dry, when soil erosion on the steep beach/bluff interface is likely to be minimized. 3. The major source of sedimentation/siltation during this project would be foot traffic on the beach/bluff interface while constructing the proposed stairway. A silt fence will be added at the toe of the slope during construction, and maintained it until soils are stabilized, to minimize siltation into the intertidal zone. 4. The stairway will be constructed on-site from the pre-existing upper platform to beach grade, approximately 6.8' landward of OHWM. It will be 4' wide and will extend 12' out from the current platform. See attached for site plans. `r. 4eb 6f.What are anticipated start and end dates for project construction? tom` h ; • If the prttject will be constructed,in Passes or stages,use JAIRfA Attachment:0 tu"lathe tgattehttlfrailtaiRiSS441411 Start date:04/15/2014 End date: 04/20/2014 ❑ See JARPA Attachment D Fair market of the pro ject,including tnatarials, labor, machine a rentals~ etc i $250 . . Rh.Will any portion of the project receive federal funding? glom • If . :3 ency ❑ Yes X No ❑ Don't know o .. 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] 711.Describe hmrthe ftoject has been designed to avoid and minimize adverse irnpacia to virablandit 4: , ❑ Not applicable JARPA Revision 2012.2 Page 7 of 18 • • z;i lb.Willt project nd ? II I ❑ Yes ❑ No E!I Don't know ill` r '��, ? hel z1. ❑ Yes ❑ No ❑ Don't know on,report been prepared? slot if Yes,submit t the rePort,including data sheets,with the J PPA wage. 111 Yes ❑ No P`e.Have hle:wr - using:the- estern Washington or Eastern Washington W tland Rating Sim? • If Yea,-submit�wetland'rating forms and figures with the,DARPA.package. ❑ Yes ❑ No ❑ Don't know hla :yo, paw a Mitigation plain to compensate for any adverse impacts to wetlands? gatiiii If Yes,submit the plan with the JARPA package and answer 7g. Jf;Not ar Not Applicable explain below why a mitigation plan should not be required. ❑ Yes ❑ No ❑ Not applicable 70,Summarize:Apmmarizemhatlhe mitigation plan is meant to accomplish, and describe how a watershed approatil-was mad to,dign €per:.. 7h.Use thelable-tei0W4011st the type and rating of each wetland impacted, the the x impact, and the yp and amount of mitigation proposed, Or if you are submitting.a mil � � , (below)where we can find this information in the plan. 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) JARPA Revision 2012.2 Page 8 of 18 LOG 11 `C. 'If 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. 3Indicate the days,months or years the wetland will be measurably impacted by the activity.Enter"permanent"if applicable. 4 Creation(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: 71, For all filling activities identified in 7h, describe the source and nature of the fill material, the in cubic-;:': yards that will be used, and how and where it Will be placed into the wetland- h 7j. For all excavating activities identified in 7h, describe the excavation method, type and.,,arntiOntof ' rid cubic yam you-will-remove, and where the material will be disposed. : . 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] ® 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 etivirOnnient, ❑ Not applicable �z.. . .. JARPA Revision 2012.2 Page 9 of 18 As noted in 6e., the major impact from this construction project would be increased sedimentation/siltation due to foot traffic on the beach/bluff interface while constructing the proposed stairway. To avoid these impacts, construction will be done under dry conditions and a silt fence will be added at the toe of the slope during construction, and maintained until soils are stabilized. See 6e. for more details. Because this proposal is for a very small stairway structure (extending 12' outward from the current upper platform at a width of 4'), additional long-term impacts will be minimal and constrained to a small area. These impacts may include shading of vegetation along the beach/bluff interface or in the upper intertidal area. M't.your project pact a watery or the area around a watertody? jtmtrtj. , ® Yes ❑ No ex; JARPA Revision 2012.2 Page 10 of 18 8 . Have you prepared a mitigation plan to compensate for the project's adue waterboi ies?i 'I •' if yes,submit t.elan with the JARpA peez,kage and answer 8d; ' If No or li cable, iln` ow�e-mitigation plan short not be requireii . ,. very ® Yes ❑ No ❑ Not applicable Proposed mitigation is the removal of non-native invasive species from the area around the proposed stairway. Specific species include Himalayan blackberry, which is a Class C weed on the 'Washington State Noxious Weed List' and periwinkle, which is on the 'Monitor List'. Where Himalayan blackberry and periwinkle are removed, they will be replaced with Nootka rose. In addition, one Hookers willow (Salix hoorkeriana) will be planted at the beach/bluff interface near the proposed new stairs. 8d. Summarize what the mitigation plan is meant to accomplish.D scri how a doh was Plied to the plan. ' if you alreadY ComiSstecr 70 you do not need restate your answer here. [j Invasive species removal will allow for replacement with native species that will improve function as well as add aesthetic qualities to the shoreline. Adding a Hooker's will bring shading benefits to forage fish eggs, and future avian roosting may occur with the addition as well. Be.Summarize ii s)to each w in the table below. ihetpj Activity (clear, Waterbody Impact Duration Amount of material Area (sq. ft. or dredge, fill, pile name' location2 of (cubic yards) to be linear ft.) of drive, etc.) impact3 placed in or removed waterbody from waterbody directly affected Stairway Squamish Adjacent to Less 0 10 linear ft. construction Harbor upper than 1 intertidal week zone of Squamish Harbor landward, within 100- year floodplain) '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. 3Indicate the days,months or years the waterbody will be measurably impacted by the work. Enter"permanent"if applicable. 81. For all activities identified in 8e, describe the source and nature of the material am oun (fin cubic yam y you will cam, and tow arld where-It will be placed into the waterbody. fbol JARPA Revision 2012.2 Page 11 of 18 No fill material will be used. ,PC �.Far ill e c vatic 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 No excavating or dredging activities will occur. 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. . if you havealready have .any government agencies on this project, list th m below. .a +Contact Name Phone Most;Rl�nt, of contact.. Jefferson Co. DCD Donna Frostholm (360) 379-4466 10/6/2013 ( ) ( ) Iii Are any pf the 1 or waterboditlis identified in Part 7'or Part of this JARPA on the Washington prartmet of 8,vol��a 3(d) List? mg it f`+ ,list t . ete taw. s 't NA/814*PR€ePartrllent of Ecology`s r Quelity Assessivient foots at ❑ Yes No JARPA Revision 2012.2 Page 12 of 18 • 9c.What U.S. Geological Survey Hydrological Unit Code (HUC) is the project in? [help] • Go to htto://cfoub.epa.gpv/surf/locate/iifdex.cfm to help identify the HUC. LOG 1TEq- 17110018 9d. What Water Resource Inventory Area Number(WRIA#) is the project in ih4xl . • Go to http:/lwww.ecv.wa.govfservices/ais/maas/wriaharia.htm to find the WRIA#. 17 9e.Will the in-water construction work comply with the State of Washington water quality standards for turbidity? Iheinl • Go to http://www:ecv.wa.govl oroslrams/wtt/swos/criterfa.htm(for the standards. ❑ Yes ❑ No ® Not applicable 9f. If the project is within the jurisdiction of the Shoreline Management Act,what is the local shoreline environment designation? Ihelpl • If you don't know,contact the local planning department. • For more information,go to: http://www.ecv.wa.gov/programs/sea/srna/laws rules/173-26/211 designations. ml; ❑ Rural ❑ Urban ❑ Natural ❑ Aquatic ❑ Conservancy ® Other_Suburban_ 9g. What is the Washington Department of Natural Resources Water Type? Ihelnl • Go to http:/fr rw..dnr.wa,gov/8usi perntsfropics/Fores tpracticesApolications/Pages/fp watertyping.asp,c for the Forest Practices Water Typing System. ® 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? f4elpI • tf No, provide the name of the manual your project is designed to meet. ® Yes ❑ No Name of manual: 2012 Washington Department of Ecology Stormwater Management Manual for Western Washington: Washington Department of Ecology Minimum Requirement No. 2 (Construction Stormwater Pollution Prevention Plan). 91. Does the project site have known contaminated sediment? [help] • If Yes, please describe below. ❑ Yes ® No 9j. If you know what the property was used for in the past, describe below. h t JARPA Revision 0 2012.2 Page 13 of 18 •fik Has a ctihirafresOurce(archaeological)survey been performed on the project sirea7:- .„ • :If YiiiitEsti54111t.ttiydit-JARPApad(age. 111 Yes No WurE I JARPA Revision 2012.2 Page 14 of 18 • 1 1.fw ame each sides listed under the feral Endangered species that in trOil 'iity of the prof t .' area or r► ht be, ffe by the pr 0tHi irk Puget Sound Chinook: According to the Washington State Conservation Commission, Chinook salmon "are not found in WRIA 17 in abundant numbers as spawners and, when found, are either the result of hatchery production or straying". No chinook have been identified in the project area (WDFW Priority Habitats and Species search). Hood Canal Summer-run Chum: Although Hood Canal summer run chum are found in the Big Quilcene River and the Little Quilcene Subbasins, which drain into nearby Dabob Bay, they have not been identified in the project area (WDFW Priority Habitats and Species search). 9r1n. ea'; es or"`b on:lt*Washington Department of Fish a Species t�that ri #t'be by; " , work, Forage fish including Pacific herring (Clupea pallasir) and sand lance (Ammodytes Ammodytes hexap t r tis u Qi a erus) use beaches within the action area for spawning. Herring spawning has been documented along the entire shoreline in the project vicinity; sand lance spawning habitat is documented approximately 1540' east of the proposal. Coast resident cutthroat (Oncorhynchus clariki clarki) and Coho salmon (Oncorhynchus kisutch) have also been noted within the project area. Priority marine invertebrate species include a variety of hardshell clams, Pacific geoduck (Panopea abrupta), and Dungeness crab (Metacarcinus magister). All marine habitat at the project site is listed as "estuarine intertidal" habitat. JARPA Revision 2012.2 Page 15 of 18 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.ecv.wa.gov/opas/. • Governor's Office for Regulatory Innovation and Assistance at (800) 917-0043 or help cC�ora.wa.gov. • For a list of addresses to send your JARPA to, click on agency addresses for completed JARPA. 40a.Compliant with the State Environmental Policy Act(SEPA). (Check all that apply.) tgdgi -• For more inforMation about SEPA,go to .ecv wa.gov p og a slaaajse / -r iew.htmt, ❑ A copy of the SEPA determination or letter of exemption is included with this application. A SEPA determination is pending with Jefferson County (lead agency). The expected decision date is ❑ I am applying for a Fish Habitat Enhancement Exemption. (check the box below in 10b.) [helpl ❑ This project is exempt (choose type of exemption below). X Categorical Exemption. Under what section of the SEPA administrative code (WAC) is it exempt? WAC 197-11-800 Section 3 (Repair, remodeling and maintenance activities). ❑ Other: ❑ SEPA is pre-empted by federal law. p JARPA Revision 2012.2 Page 16 of 18 Local Government Shoreline permits: " a:,',+ , 1 ❑ Substantial Development p El Conditional Use Variance ., •^T- ` ❑ Shoreline Exemption Type (explain): Other City/County permits: ❑ Floodplain Development Permit ® Critical Areas Ordinance Washington Department of Fish and Wildlife: ❑ 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# ❑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.) ❑ Project is a modification of an existing HPA originally applied for, prior to July 10, 2012. HPA# 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: ❑ Section 401 Water Quality Certification "'€ x* 0 1,1 H.< <u x x' Itatii M United States Department of the Army permits (U.S. Army Corps of Engineers): ❑ Section 404 (discharges into waters of the U.S.) ❑ Section 10 (work in navigable waters) United States Coast Guard permits: ❑ Private Aids to Navigation (for non-bridge projects) JARPA Revision 2012.2 Page 17 of 18 Part 11—Authorizing Signatures Signatures are required before submitting the JARPA package. lihe-tIARPA ,age includes the JARPA form, project plans, photos, etc. [help] _ I 1_01/1 11a. Applicant Signature (required) Ihelpi 1A. v :.�.-,- ,---- „./..; 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 ente ing the property where the project is located to inspect the project site or any work related to the project. (initial) / 010 0;k L gt1. 4) � Ads'/, . '4 Ap Printe Nanie 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. ALei a /� _.. c� II- 24-13 Authorized/Agent Printed Name • ori,ed ' •en ignature Date 11 C. 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. .-- OP/ ,/ .—40— 20epfl-Li P AR ke-0.) ;:q.'A to, Ali", 'F.; 1, I -0/ 6 - (3 Property Owner Printed Name Property Owner igna ure 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 for Regulatory Innovation and Assistance(ORIA)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. ORIA publication number: ENV-019-09 rev.08/2013 JARPA Revision 2012.2 Page 18 of 18 i ?I „pt tt ,3 Garten Beach Access Stairway Project • Habitat Management Plan November 9, 2013 • For: Robert Garten 201 Stark Rd. Port Ludlow, WA 98365 Prepared by: Marine Surveys a Assessments 521 Snagstead Way Port Townsend, WA 98368 Phone: (360)385-4073 Email: marine.surveys.inc@gmail.com • Table of Contents t�+= I. Project information A. Project Location 3 B. Project Description 3 II. Habitat and Species Information A. Habitat Information 3 B. Washington Department Fish and Wildlife Priority Habitats and Species 4 C. Endangered Species Act Listed Habitats Species 4 • III. Effects Analysis of Proposed Development 5 IV. Mitigation and management measures to minimize or avoid impacts 5 V. Mitigation and monitoring plan 6 VI. Summary 8 References 9 Figures 1.Vicinity and parcel map of project location. 10 2. Current beach structure 11 • 3. Plan and overhead views of current structure and proposed stairway 12 4.Looking east along subject parcel at beach grade. 13 5. Looking west along subject parcel at beach grade. 14 6. Ordinary High Water Mark Determination-site photograph#1. 15 7. Ordinary High Water Mark Determination—site photograph#2 16 8. Washington Department of Fish and Wildlife Priority Habitats and Species list 17 9.Forage fish spawning map 18 10. Mitigation planting plan species list 19 11. Mitigation planting plan 20 • MS&A Garten Beach Access Stairway Project•2 • I. Project Information The proponent is requesting a reduced shoreline buffer in order to build a stairway to the beach,ending above the ordinary high water mark(OHWM). This proposal is on a shoreline designated as a Fish and Wildlife Habitat Conservation Area(FWHCA). This project cannot meet the Jefferson County setback requirement for marine nearshore habitats of 150' landward of OHWM(JCC 18.22.270).In general, a Jefferson County Critical Areas Stewardship Plan would allow the proponent to apply for a variance to this prescriptive buffer requirement. However,these plans only apply to parcels larger than 1/4 acre in size(JCC 18.22.641).Due to the small size of the parcel(approximately 0.076 acres), a Reasonable Economic Use Variance Habitat Management Plan(HMP)is being substituted to address the potential impacts to fish and wildlife habitat and to propose appropriate mitigation. The project site is located on Squamish Harbor in Port Ludlow, WA.It is located on the seaward side of Shine Road, on a parcel zoned as a"tideland and shoreland water area".The surrounding area is a semi-rural shoreline, with residential houses on the landward side of Shine Road and a steep embankment down to the beach on the seaward side. • a. Project location: Section 33, 1/4 Section SE 1/4, Township 28,Range lE Port Ludlow,Jefferson County, WA yJ Latitude 47.86821°N;Longitude 122.67620°W Parcel 821334076 Owner address: Robert Garten 201 Stark Rd. Port Ludlow, WA 98365 The parcel location is visible in Figure 1. b. Project description: This small 0.076 acre parcel currently features a beach platform structure. The total length of this structure is 66', and its maximum seaward extent is approximately 6.8' landward of OHWM(Figures 2-3). The proposed stairway would extend from the upper platform of this structure down to the beach, and would also end approximately 6.8' landward of OHWM(Figure 3). Due to the small size of this tideland parcel,an irregular rectangle of • approximately 120' length by 30-40' width,the required Jefferson County shoreline buffer(150' from OHWM) and property setback(5' above the buffer)cannot be met. This proposal is a shortfall of 148.2' feet in total,a 96% reduction from the required 155' buffer and setback requirement. II. Listed Species and Habitats a. Habitat information A site visit was conducted on October 14,2013.The area surveyed included the Garten parcel as well as the beach/bluff interface immediately to the east.This eastern extent was included because the actual property lines were not clear in the field and we wanted to ensure that all vegetation was completely surveyed. The Garten property, as well as the western side of neighboring property(parcel#821334015), supports a variety of tree and plant species on a narrow bluff between Shine Road and the beach interface on Squamish Harbor(Figures 4 and 5). Existing tree species include willow(Salix sp.),bigleaf maple(Acer macrophyllum),western red cedar(Thuja plicata), apple(Malus sp).,and black cottonwood(Populus balsamifera ssp. Trichocarpa). Other existing plant • MS&A Garten Beach Access Stairway Project-3 • species include Nootka rose(Rosa nutkana), snowberry(Symphoricarpos albus),tall Oregon grape(Mahonia aquifolium),trailing blackberry(Rubus ursinus),fireweed (Epilobium angustifolium), silver beachweed(Ambrosia Chamissonia),bedstraw (Galium sp.),pea family(Vetch sp.),American dunegrass(Leymus mollis);unknown grasses(Aster sp),carrot species(Daucus carota),mustard(Brassica sp.),morning glory(Convolvulaceae sp.), and dock(Rumex sp.). The major invasive species present were Himalayan blackberry(./trikkVitntie4rigzer44 and periwinkle(Vinca Major). or In addition, a determination of the approximate location of the OHWM in relation to existipg and propose '` structures was made.The seaward extent of the proposed stairway was marked by the lh th oW ierprior te4he. field visit. The entire proposed stairway is behind the OHWM,as judged by 4 separate indicators.The location of the highest wrack line,where a thick layer of macroalgae and associated detritus was accumulated,was 6.8' seaward of the bottom of the stairway(Figure 6). Broccoli plants,which are not tolerant to seawater,were found up to 5.8' seaward of the proposed stairway(Figure 7).Large and small woody debris were in a consistent band above the highest wrack line,near the proposed foot of the stairway(Figures 4-5). This suggests that wave disturbance is fairly rare at this height. Finally,the substrate changed from a cobble/shell/pea gravel/sand mix to cobble starting • 7' seaward of the foot of the proposed stairway;this cobble is indicative of the tidal areas below OHWM at this beach. In addition,an earlier field survey of the intertidal area below the subject parcel was done on July 19,2013. Although this survey was done in relation to another project in the vicinity, it provides relevant detail about the nature of the intertidal area accessed by the proposed stairway. This area is characterized by a long, gently sloping beach with substrate transitioning from cobble and pea gravel to a sand and mud flat.Upper intertidal macroalgae includes patchy Ulva and the invasive Japanese eelgrass(Zostera japonica).An extensive native eelgrass(Zostera marina)bed is present in the lower intertidal zone(starting at approximately-1.5' OHWM). b. Priority habitats and species According to the Washington Department of Fish and Wildlife,a number of priority fish and marine invertebrate P h' invertebrate, marine mammal, and bird species are found within the 0.5 mile action area(WDFW 2103a,Figure 8). Priority habitats included the estuarine intertidal habitats(WDFW 2013a). Forage fish including Pacific herring(Clupea pallasii)and sand lance(Ammodytes hexapterus)use beaches within the action area for spawning(WDFW 2013b,Figure 9).These forage fish form an important trophic link between plankton resources and a wide variety of predatory marine organisms as well as providing food for bald eagles and salmon. Sand lance and surf smelt do not have Federal or State concerned,threatened,or endangered status,while Pacific herring are a Federal species of concern and a state candidate species(WDFW 2013a). • Coast resident cutthroat(Oncorhynchus clariki clarki)and Coho salmon(Oncorhynchus kisutch)have also been noted within the project area(WDFW 2013a).Neither of these species has Federal or State concerned,threatened, or endangered status. Priority marine invertebrate species include a variety of hardshell clams,Pacific geoduck(Panopea abrupta),and Dungeness crab(Metacarcinus magister),none of which are recognized by the State or Federal government to have concerned,threatened,or endangered status(WDFW 2103a). c. Endangered Species Act listed species of concern In addition to the WDFW priority habitats and species occurring within the project area,two fish species listed under the Endangered Species Act have critical habitat that occurs within the proposed action area. Puget Sound Chinook: The Puget Sound Chinook(Oncorhynchus tshawytscha)is listed under the Endangered Species Act(ESA)as threatened according to the National Marine Fisheries Service(NMFS)(Vol. 70,No. 123 / • MS&A Garten Beach Access Stairway Project•4 Tuesday,June 28,2005 /Rules and Regulations).In addition,NMFS has designated critical habitat for 12 Evolutionarily Significant Units(ESUs)of West Coast salmon, including the Puget So n ESU. The project site is in an area designated as critical habitat for the Puget Sound Chiok ESU(Federal Register/ Vol 70,No.170/Friday, September 2, 2005 /Rules and Regulations). The project site is located in WRIA 17. According to the Washington State Conservation ommission,°Cfim ok salmon"are not found in WRIA 17 in abundant numbers as spawners and,when found,are either the result of hatchery production or straying"(WSCC 2002).No chinook have been identified in the project area(WDFW 2013a). Hood Canal Summer-run Chum:NMFS has listed the Hood Canal summer run Chum ESU(Oncorhynchus keta) as threatened under the ESA(Federal Register/Vol. 70,No. 123/Tuesday,June 28,2005). The project site is in an area designated as critical habitat for the Hood Canal summer run Chum ESU(Federal Register/Vol 70,No.170/ Friday, September 2,2005 /Rules and Regulations). • Summer chum escapements in Hood Canal have generally experienced a continuous decline for the past 30 years. However,beginning in 2003,escapements began to increase.In 2004,the escapements were the highest recorded during the period that total spawner numbers have been estimated(1974-2004)(WDFW and Point No Point Treaty Council 2005).Although Hood Canal summer run chum are found in the Big Quilcene River and the Little Quilcene Subbasins,which drain into nearby Dabob Bay,they have not been identified in the project area(WDFW 2013a). III. Effect Analysis of proposed development a) The potential direct impacts caused by the construction process are as follows. 1. Decreased number of native or non-native plants: It is possible that plants will be impacted by foot traffic on the beach/bluff interface during construction.Because of the small nature of the proposed construction,however, any impacts will be minimal and could be largely avoided by carefully working around plants during construction. 2. Siltation into the nearshore: Siltation in this case would be caused by soil erosion and runoff during construction and land preparation.Any siltation could lead to reduced shoreline buffer and has the potential to bury forage fish eggs.Because the proposed stairway is a small,quickly constructed development,any siltation effects are likely to be small and short-lived. See"mitigation and management measures"section below for suggested mitigation. b)The potential indirect impacts caused by the construction process are a reduced shoreline buffer. • The reduction of a shoreline buffer can have indirect and/or direct effects on the species that utilize the nearshore environment.A planting plan is proposed(Fig. 11)to help increase the quality and function of the area within the shoreline buffer. The buffer provides a variety of functions and values including shoreline protection(erosion control),habitat formation,pollution filtration,moderating water temperature,providing habitat for terrestrial animals and insects,and providing proper nutrient, leaf litter,and invertebrate prey sources for aquatic life. IV. Mitigation and management measures to minimize or avoid impacts 1.Removal of Non-Native Plant species: As noted in the habitat information above,there is invasive Himalayan blackberry and periwinkle growing on the property.These species should promptly be removed. 2. Shoreline Buffer: This proposal is for a very small stairway structure,extending 12' outward from the current upper platform at a width of 4'.Additional impacts,through shading of vegetation along the beach/bluff interface or in the upper intertidal area,will be therefore be constrained to a small area. These impacts,over the baseline conditions from the pre-existing beach platform structure,are therefore likely to be negligible. MS&A Garten Beach Access Stairway Project•5 • 3. Vegetation Replanting of Native species: A planting and monitoring plan will be implemented to minimize impacts to the shoreline buffer zone and improve habitat function. See"mitigation and monitoring plan"below. 4. Siltation mitigation: All new developments in Jefferson County are required to comply with the Washington Department of Ecology Minimum Requirement No.2(Construction Stormwater Pollution Prevention Plan)(JCC 18.30.070). While small projects(<2000 sq. ft.of new plus replaced surface area)such as this proposal do not require a formal Stormwater Pollution Prevention Plan,they are still required to address the 13 elements of Minimum Requirement No 2. (WA DOE 2012).As a very small development with a limited footprint,only the elements of this requirement that are applicable at this site are presented below(see the"2012 Washington Department of Ecology Stormwater Management Manual for Western Washington"for informati i ;:'. :cifEit elements): Element 1: Preserve vegetation/mark clearing limits.Native vegetation will be retained,';' c Element 2: Construction access route.Construction vehicle access shall be limited to one route.Access • points shall be stabilized with quarry spall or crushed rock to minimize the tracking of soils and debris onto public roads. Element 4: Install sediment controls.The major source of sedimentation/siltation during this project would be foot traffic on the beach/bluff interface while constructing the proposed stairway.A silt fence will be added at the toe of the slope during construction,and maintained it until soils are stabilized,to minimize siltation into the intertidal zone. Element 5: Stabilization of soils.From October 1 to April 30,no soils shall remain unstabilized for more than 2 days. From May 1 to September 30,no soils shall remain unstabilized for more than 7 days. Because the stairway can be constructed in a short period of time,construction should only occur in the dry,when soil erosion on the steep beach/bluff interface is likely to be minimized. This will prevent soils from becoming unstabilized. Element 11.Maintain BMP(best management practices).The above erosion and sediment control BMPs shall be regularly inspected and maintained to ensure continued performance of their intended function. V. Mitigation Planting, and Monitoring Plan Mitigation Proposed mitigation is the removal of non-native invasive species and potential invasive species from the area • around the proposed stairway. Specific species include Himalayan blackberry,which is a Class C weed on the 'Washington State Noxious Weed List'and periwinkle,which is on the'Monitor List'. Where Himalayan blackberry and periwinkle are removed,they should be replaced with Nootka rose. These native plants will improve function as well as add aesthetic qualities to the shoreline.In addition, one Hookers willow(Salix hoorkeriana)will be planted at the slope/beach interface near the proposed new stairs. Shading benefits to forage fish eggs and future avian roosting may occur with the addition of this tree along the beach/bluff interface. The plants selected for this site are all native plants that can tolerate salt spray from a marine environment.They were selected to improve the overall value of the functions in this critical area buffer. Soil stability,nutrient input and wildlife habitat were all important factors. See Figure 10 for a table showing the plant species and numbers for the planting area.Plants will be selected from a regional native plant nursery. Plants should be installed in late fall or early spring following the construction work. During these times plants are semi-dormant and soils are easier to work. Plants will be laid out by hand generally following the spacing specified on the planting plan(Figure 11 gp ( g ure ). MS&A Garten Beach Access Stairway Project•6 The plants will be installed by digging a one to two foot hole, loosening the soil,p lacin g plant in ground after loosening soil around root ball. The hole must be deep enough to ensure that roots are straight,but not so deep as to bury plants too far above the root collar. Once the plant is in place the hole will be backfilled and tamped lightly. Mulch should be applied 3"deep around plants,being careful not to touch stem of plant. No extraordinary measures are proposed at this time to protect the installed plants other than mulching,weeding and watering. Substitutions might be necessary for species or individuals that cannot be found at local nurseries. All plant substitutions will be approved by the project biologist prior to installation to en r' -Ma fat*for the site. Monitoring An as-built drawing and report will be submitted to Jefferson County as documentation of the implementation of the approved planting plan within one month of installation.The plan will include vegetation description and photo documentation from established photo stations. • Monitoring will take place over a period of five years at the end of the growing season(late August or early September)of each monitoring year. The performance standards will be monitored by measuring plots in zones within the planting area that will be established and mapped after planting occurs,on the as-built plan.There will be photo points for each plot and they will be referenced on the as-built plan. Photos will be taken at all points,for all years as visual documentation of the performance standards progress,or lack of. Collected data and photos will be compiled into a report for Jefferson County DCD. The report will address whether the performance standards are being met during each monitoring year and if the final end of monitoring period standards are going to be met. Monitoring results will determine whether or not contingency measures will be needed. Performance Standard# 1 (survival rate): Immediately after planting,all plants will be counted and documented.At the end of each growing season(late Aug-early Sept)plots will be visited and a count of surviving plants will be documented.The percent survival for the plots will be calculated by dividing the total number of plants after planting by the total number of surviving plants at the end of the season. Performance Standard#2 (percent cover): The percent cover standard will be monitored by looking at each monitoring unit of the enhanced areas from above and estimating the area covered by the individual species. The percent cover within an area can be quantified as a total greater than 100%because plants(in tree,high/low shrub and herbaceous layers)overlap in cover. Maintenance • Maintenance shall occur at least twice during the growing season to ensure the survival of all native species within the mitigation area. Watering by hand or sprinkler may be necessary during year number one until the plants are established. Water requirements will depend on the timing of planting with the seasons and weather conditions. Once plants are established,extra watering may not be necessary.Hand weeding will be necessary around all plants that are being monitored for survival and coverage. Contingency Plan If the 90% survival rate is not met by the end of any monitoring year,plants lost to mortality will be replaced to achieve the percentage cover performance standard described above.Prior to replacement,an appropriate assessment will be performed to determine if the survival was affected by species/site selection,animal damage,or some other factor. Subsequent contingency actions must be designed to respond directly to the stressor(s),which are increasing mortality of planted native species.If a particular species is shown not to endure site conditions then another, more appropriate species will be selected. If excessive damage is observed,protective measures will be introduced.Monitoring years may be added if significant re-planting becomes necessary. MS&A Garten Beach Access Stairway Project-7 • VI. Summary Because the proposed development has a very small footprint and does not extend below OHWM,potential impacts to fish and wildlife due to construction will likely be minimal. Care must be taken to avoid beach/bluff interface erosion during construction.This will minimize sedimentation into the intertidal zone as well as maximize the retention of vegetation along the bluff. 6 • • • MS&A Garten Beach Access Stairway Project•8 References Brennan,James S. Technical Report 2007-02,Marine Riparian Vegetation Communities of Puget Sound.Prepared in support of the Puget Sound Nearshore Partnership s 1 Federal Register/Vol. 70,No. 123 /Tuesday,June 28,2005/Rules and Regulations Federal Register/Vol. 70,No.170/Friday, September 2,2005/Rules and Regulations Jefferson County Code(JCC).Available: http://www.codepublishing.com/WA/JeffersonCounty/ Washington Department of Fish and Wildlife and Point No Point Treaty Tribes.2005.2004 progress report on Hood Canal summer chum salmon. 15 pp. Olympia,WA. Washington Department of Fish and Wildlife(WDFW).2013a.Priority Habitats and Species report.Available at: http://wdfw.wa.gov/mapping/phs/. Olympia, Washington. Washington Department of Fish and Wildlife(WDFW). 2013b. Salmonscape Interactive Mapping.Available: http://wdfw.wa.gov/mapping/salmonscape/index.html. Olympia,WA. Washington State Conservation Commission. Salmon and Steelhead Habitat Limiting Factors. Water Resources Inventory Area 17,Quilcene/Snow Watershed(2002). Washington Department of Ecology. 2012. Stormwater Management Manual for Western Washington. Olympia, WA. 1039 pp. • • MS&A Garten Beach Access Stairway Project•9 • l'Ori . ,°; ` . 1'c>i'l T _ � ;--� Gamble North , Poulsbo , , , , • , , , WO 821334015. 821334001 Nat 821334024 ,.■, caps .. Shine Road s. 1\ ,! i 1 Subject Parcel: 821334015 821334034 821334076 Figure 1. Vicinity and parcel map of project location. • MS&A Garten Beach Access Stairway Project.10 • A) t ra sw c A,ay , -,a 4-.-joimpt • y a : e �.�_ ,lam .0 vi Zr. 7 s .. .. .a t 't ip '�'1. -\ it ; i,,.`" , ,, . /4 '' t4 lat...... •*4,^l.'p.. ,, .. T, 4.....1, , ,...,t . • , :_ 911,•iiic"'"2-- i,,, , /• . . • .- ; , < A. /. / \ ` Y j; � / /Air 4.iF /Y * ,y .w tip ♦` � �( . t .kw S { 'Z t v . / - ; ', ' ♦ � f / / : Y ;: / / / .. �. / ,.. +,. yam. y al Figure 2.A)Current platform structure on beach. B) Side view of current structure with location of proposed stairway in white; stairs are proposed to extend 12' seaward from upper platform and end at small orange stake visible. • MS&A Garten Beach Access Stairway Project"11 X01` ry L� . . v C on 0 c •,__s__�___.d.. y_ Z ..., I--1 i 1 1 1 1 1 1 1 1 • I 1 1 1 1 1 1 1 1 VI 11111111 1 1 1 1 1 1 1 I . "ZS N 11111111 0 ( 1111111 0 u, o , 1 a IL • a. a. o "o cn 0 Clo 0 .3 a 0) 44 E 0 U vO O ,..O • o at ..- - a, O (...):61) - - • i Figure. 3. Plan and overhead views of current structure and proposed stairway. • MS&A Garten Beach Access Stairway Project.12 • ' s i4 t ,. rp s> V f x r 4y , w'% ^' x� > et y k fi 4(y a" ? N'i ORS� F' 'y 1 '! v¢* „t :A p w 3^` ,,,,,,,flit s r ' :i i `444 • y Wt , I %v.. �„.{ .k. w '' ,,,;..4. TM.) ' ",- �,, .« ' r rte.. ` .. 8 t ,..s ,.' • x xr tryr 1x kY '7 3 4.4 ro4r , ,. .. " 'b.'� sue 3 N`JS° M1. `!w ,,,,li,14: t ' T,::., ‘,,,.,,,,:,:i,..,,,,:. 4,4 44:,44.44.4-1°4104;;;:z. 1 t. 'It* '''t4"'"(4'-'11.;.::— 44 Alik, fii,viritii,i, - 4' if;' ,;"`,--•"...-, .7';'•,.),• , •,',,,,,`"'" ---.)---- '-, 14,„' * :i4,7:4,-...-- ,,, .... :,.. , . . L''''' '4/ -00 4.410 11),',.4"..A''.-' "Oc" ', i ...'-* 7r''."-q-"V)**,.„„A,:).''''''''''1.,;':".! '''' fa § Tip x r "". i } x , E ' �, xr Figure 4. Looking east along g subject t parcel at beach grade. • MS&A Garten Beach Access Stairway Project.13 • � y . ,. .. 4 . 1 _ , � �j ,. � t . • l� L i � � - fi .. II,. yr w • J t 7 (yI ' it Y y s.• y. „ - t r M f« t�/'4 , .., . . , \ . ; s i`�' - ��A � I'•r• XI,y�lr ~, i r..11f -i gtia, 0.i _.;s':' . * * , or , re • « or « • , t her J w Figure 5. Looking west along subject parcel at beach grade. Dashed line indicates approximate location of OHWM. • MS&A Garten Beach Access Stairway Project 14 LOG a :E"a L ( ifM A - - - - f ^ d , f , . it e - +�� .-. �c'w- a e a s - a ' r® Y- 5 B .fY (44„ _ • - - • • •,i a Figure 6. Looking A)west and B)east along upper intertidal neat the proposed stairway. Distance from seaward extent of proposed stairs(orange stake)to upper wrack line(approximate OHWM) is 6.8'. • MS&A Garten Beach Access Stairway Project-15 "4 ''1 ....... • — t . .#,.,'te ,...;,,,,fcte,.., , , - 0* ,.. * , • ......,.... -11111F It ' 4040.1; ' ': ■ • ■•• , a, . . f ,.„_. . #,...,. . , ' +Iv ( 1 /4, . w-, ,...e , Figure 7. Leaves of broccoli growing 3' seaward of proposed stairway. - ,- . __ __ ..,......_ _ • MS&A . ,... , Garten Beach Access Stairway Project 16 • Species Common Name Species Scientific Name Priority Area Coast resident cutthroat Oncorhynchus clarki clarki Presence '17:7'711 Coho salmon Oncorhynchus kisutch Presence ° :• Pacific sand lance Ammodytes hexapterus Spawning habitat Pacific herring Clupea pallasii Spawning habitat Pacific geoduck Panopea abrupta Presence Subtidal hardshell clams Various species Presence Dungeness crab Metacarcinus magister Presence Figure 8. Washington Department of Fish and Wildlife Priority Habitats and Species list.All marine habitat at the project site is listed as"estuarine intertidal"habitat. • • • MS&A Garten Beach Access Stairway Project-17 North a Proposed Development • Figure 9. Documented sand lance(red line)and Pacific herring(inside black box)foraging habitat near the project site. Sand lance spawing habitat is approximately 1540' east of the project site. Li 1ti, ii • MS&A Garten Beach Access Stairway Project 18 Quantity Common Name Botanical Name Size Spacing 1 Hookers Willow Salix hookeriana 3 Gal To be determined on site Nootka Rose Rosa nutkana 2 Gal 3 - 5 feet Figure 10. Planting plan species list. LO C* ST Ar " G tl y ' • • • MS&A Garten Beach Access Stairway Project-19 0 ...,2 14J I tl, cc 0 L..) r., 11.1 < I- Lt co. 0...., Z W 1 ..., ,,tc IJJ I a_ z 1.-- LAJ 1 v, -.I CO 1 w > 0 l...)< 1 ca _1 i o 14.1 a. -ce Iai _j 0- 1 \ II' ILI ce -J 0 CL Lrl til I C4 to 1 1 i'''''. < t Z ACC I cc W a. ...._ ‘,. -...,,,,,,.......„...........■,... •• CI IA Ce < . . z ye oi_c: L.,..1 I out'j 0 • Lli I R u.1 el...411111111••■■■ I a : e ge UJ --I CL. i--o CO 111 ‘4 0 IL I 0 Z • UJ AIL/ a. ce 74- F- I li I-= ..,u Z 0-t IT i i a. I _1 ,..,-,, 00 0 ., z N ' F--- s- 0 - I.° Ce Z < 0 X w i--- I vt 5Z cL wc? 1 ce I- v • I D cr L.L.1 z 0 I 1,1 Z ---J- Ce >- CC is.. Z O. = I trl „ v ...p-, I Lu c, ,n I ,-, 1... I co Figure 11. Planting Plan. • MS&A Garten Beach Access Stairway Project.20 k��soN eb JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 SHERIDAN STREET I PORT TOWNSEND,WA 98368 I WEB:WWW.CO.JEFFERSON.WA.US/COMMUNITYDEVELOPMENT 4,vshio TEL:360.379.4450 I FAX:360.379.4451 I EMAIL:DCD(a.CO.JEFFERSON.WA.US .tea Building Permits&Inspections Development Consistency Review I Long Range Planning Watershed Stewahidi (eit f'�d Variance . I e Purpose The purpose of allowing variances from the standards of the Jefferson County Code (JCC) is to ensure that all persons and their property are guaranteed equal rights and opportunities under similar circumstances. Variances from the standards of the JCC shall only be granted where there are extraordinary or unique circumstances relating to the property such that the strict implementation of the JCC would impose unnecessary hardships on the applicant or thwart the purpose and goals of the Jefferson County Comprehensive Plan or JCC. Variances may only be granted for dimensional, area and bulk requirements (e.g., height, setbacks, yard size, lot coverage,frontage,floor area and the like)specified by the JCC. JCC 18.40 outlines the provisions for variance procedures and criteria allowed under the Code, except for reasonable economic use variances and environmentally sensitive area buffer width reductions,which are governed by the provisions of JCC 18.22 Critical Areas. In addition to the supplemental Variance Application Form in this packet, you must also complete the Master Permit Application Form for all variance applications. Variance approval may involve either a Type II or Type III review process under the JCC, depending on the specific type of variance requested. Types of Variances There are three broad types of variances identified in the JCC. Reasonable Economic Use Variance: A Reasonable Economic Use variance may be applied for if the application of Environmentally Sensitive Area buffers (i.e. wetland, streams, geohazards, etc) identified in JCC 18.15.185 deny all reasonable economic use of a property. Applicants may apply for a reasonable economic use variance only upon denial of a permit due to the requirements of the JCC 18.22—Critical Areas. Minor Variance: Minor variances include variances that would permit expansion of an existing building which would extend no more than ten (10) percent beyond the dimensional, area and bulk requirements specified by the JCC. Minor variances also include variances to allow expansion of an existing building that is nonconforming as to setback or lot coverage requirements as long as the proposed expansion would not: • Increase the nonconformity of the building;and • Result in any portion of the building or expansion being located closer to an abutting property line than does the existing building at its nearest point to the property line. Applications for minor variances are processed according to the procedures for Type II land use decisions established in JCC 18.40.270. Major Variance: Major variances include all other variances not classified as minor. Applications for major variances are processed according to the procedures for Type III land use decisions established in Article IV of Chapter 18.40. Process Step 1 — Pre-Application Conference: A pre-application conference is required for all Variances. Conceptual plans, county requirements,future permit requirements,etc.,and answers to related questions are discussed at the conference. Information provided by Department of Community Development staff helps the applicant to prepare a better application and potentially decreases code- related questions and time required for formal review. Step 2— Determination of Completeness: Following submittal of your application, county staff will make a determination within 28 days as to whether your application is complete. Step 3—Formal Application Review and Decision: Following the determination of completeness, a final decision must be made by the county within 120 calendar days. The final decision may be made by either the Administrator (for all Minor Variances) or the Hearing Examiner (for all Reasonable Economic Use Variances and Major Variances). Public hearings before the Hearing Examiner are required for all Reasonable Economic Use Variances and Major Variances. In all variance cases the decision may be appealed. Approval Criteria Reasonable Economic Use Variances • s fib'+. j5�1 I. Your reasonable ecdho i' ante aication [pursuant to JCC 18.22.090]will be evaluated on the basis of the criteria listed in the relevant section of the Jefferson Coun Co"c a s( —JCC 18.22.090),and in some instances,inspection of the property. A reasonable economic use variance may be granted only if the applicant demonstrates all of the following: No reasonable economic use with less impact on the ESA or its buffer is possible; There is no feasible on-site alternative to the proposed activities that would allow a reasonable economic use with less adverse impacts to ESA's or ESA buffers; The proposed variance will result in the minimum feasible alteration or impairment of the ESA; Disturbance of ESA's has been minimized by locating any necessary alteration in ESA buffers to the minimum extent possible; The proposed variance complies with applicable Federal,State,and local law; There will be no material damage to nearby public or private property and no material threat to the health or safety of people on or off the property; The inability to derive reasonable economic use of the property is not the result of actions by the applicant in segregating or dividing the property and creating the undevelopable condition after the effective date of this code. In instances where all of the above findings cannot be made,the application shall be denied. In granting any variance,the Administrator or Hearing Examiner(as applicable)may prescribe appropriate conditions and safeguards to assure that the purpose and intent of the JCC and the Jefferson County Comprehensive Plan will not be violated. Minor and Major Variances Your minor or major variance application will be evaluated on the basis of the criteria listed in the relevant section of the Jefferson County Code(see JCC 18.40.640),and in some instances,inspection of the property. A variance may be granted only if the applicant demonstrates all of the following: • The variance will not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and land use district in which the subject property is located; • The variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property,to provide it with use rights and privileges permitted to other properties in the vicinity and in the land use district in which the subject property is located; • The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and land use district in which the subject property is located; • The special circumstances of the subject property make the strict enforcement of the provisions of this Code an unnecessary hardship to the property owner; • The special circumstances are not the result of the actions of the applicant;and • The variance is consistent with the purposes and intent of the Code. In instances where all of the above findings cannot be made,the application shall be denied. In granting any variance,the Administrator or Hearing Examiner(as applicable)may prescribe appropriate conditions and safeguards to assure that the purpose and intent of the JCC and the Jefferson County Comprehensive Plan will not be violated. The Administrator or Hearing Examiner(as applicable)may not grant a variance for the following: • The provisions of the JCC establishing allowed, conditional, discretionary and prohibited uses within the various land use districts(i.e.,Table 3-1 in JCC 18.15.040); • The density provisions of this code; • The procedural or administrative provisions this code;or • Any provision of this code which,by its terms,is not subject to a variance. Approval of the variance 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 variance approval will expire. G:\PartnitCenterl###FORMS##tADRD\Current DRD Forms\variance app_FINAL.doc REV.11/1/2013 Page 2 �gON �, 6: JEFFERSON COUNTY 2� DEPARTMENT 0! C MMI NITY DEVELOPMENT \� o� 621 SHERIDAN STREET PORT TOWNSEND,WA 98368 WEB:WWW.CO.JEFFERSON.WA.US/COMMUNITYDEVELOPMENT 9SHi N�� TEL:360.379.4450 FAx:360.379.4451 EMAIL:DCD(�CO.JEFFERSON.WA.US " 1 t Building Permits&Inspections I Development Consistency Review I Long Range Planning I Watershed Stewarp Resource Center 3 Variance Application MLA# PROJECT/APPLICANT NAME: 6/ I r K1 S ACCF S A variance is an exception from the general rule or standard and as such must be accompanied by sufficient reasoning to justify granting its approval. Granting a variance is based on a hardship presented by applying the standard to circumstances or conditions unique to the property rather than personal circumstances of the applicant and generally not experienced by other properties. A site plan must accompany the variance request. It needs to be no larger than 11 x 17 inches, suitable for copying, and graphically illustrate or identify the following features: • North arrow and engineer scale. • Development area(property boundary lines,section lines,etc.). • Property improvements(existing and proposed structures,utilities,septic tank and drainfleld location,existing wells,etc.). • Property features (existing and proposed changes to topography and ground relief, vegetation, shoreline location, outstanding physical features,etc.) • Setbacks(required and proposed,if different). • Roads(State,County,and private)and easements(road,utility and others). • Other information that explains the variance request. The following questions will assist in the evaluation of the variance request: 1. From which standards are you requesting a variance?[Identify applicable Jefferson County Code section(s).] Not enough space on form, see answers on attached sheet 2. Describe the requested variance. 3. Describe the proposed standard(s). 4. Describe the extraordinary conditions or unusual circumstances which exist on your property that would justify deviation from the standard(such as topographic features,parcel size and shape,drainage,etc.).Attach topographic photographs or topographic map showing unique features,etc. G:\PermitCenterl###FORMS###\DRD\Current DRD Forms\vanance app_FINAL.doc REV.11/1/2013 Page 1 5. Are these conditions uniqu not experienced by other properties in the area?(If yes,please explain.) .11b 11- .1 . 6. Were any of these conditions or circumstances caused directly by you?(If yes,please explain.) 7. Describe the hardship the standard places on the use of your property. 8. Is the deviation you request the minimum necessary to accomplish your project or is there another reasonable way to accomplish your project that would not require a variance?(Please explain.) 9. Describe how granting the variance will not be materially detrimental to the public health,safety,welfare,use,or interest,or injurious to property or improvements in the vicinity. 10. Is there anything else you would add which supports your request? ACKNOWLEDGEMENT By signing the application form,the applicant/owner attests that the information provided herein is true and correct to the best of their knowledge. Any material falsehood or any omission of a material fact made by the applicant/owner with respect to this applicati p_cket may result in this permit being null and void. 6?, � •%1 i r, It s-I3 (APPLICANT OR AUTHORIZED REPRESENTATIVE SIGNATURE) (DATE) [NOTE:Representative authorization is required if application is not signed by the Owner.] G\PermitCenterfl##FORMS###DRD\Current DRD Fams\variance app_FINAL.doc REV.11/1/2013 Page 2 4 .n Variance Application MLA# PROJECT/APPLICANT NAME: Garten Beach Access Stairway Project 1. From which standards are you requesting a variance? [Identify applicable Jefferson County Code section(s).] The proponent is requesting a reduced shoreline buffer within a shoreline designated as a Fish and Wildlife Habitat Conservation Area(FWHCA)[JCC 18.22.270(5)(b)]. This request is in order to build a stairway to the beach,ending approximately 6.8' above the ordinary high water mark(OHWM). Because the project cannot meet the Jefferson County setback standard for marine nearshore habitats of 150' landward of OHWM,a reasonable economic use variance is requested [JCC 18.22.090]. 2. Describe the requested variance. This proposal is a shortfall of 148.2' feet in total,a 96%reduction from the required 150' buffer and 5'setback requirement. The proposed stairway would extend from the upper platform of a pre-existing structure on the parcel down to the beach,and would end approximately 6.8' landward of OHWM. See attached Habitat Management Plan for more details. 3. Describe the proposed standard(s). There are two especially relevant standards within the reasonable economic use variance: According to JCC 18.22.090(4)(b),one of the conditions for a reasonable economic use variance is that "There is no feasible on-site alternative to the proposed activities that would allow a reasonable economic use with less adverse impacts to critical areas or associated buffers." According to JCC 18.22.090(4)(c)"The proposed variance will result in the minimum feasible alteration or impairment to the critical area functional characteristics and existing contours,vegetation, fish and wildlife resources,and hydrological conditions." The variance requested satisfies these,and other,requirements of JCC 18.22.090 .Please see attached HMP. 4 rba.. . Describe the extraordinary conditions or unusual circumstances which exist on your property that would justify deviation from the standard(such as topographic features,parcel size and shape, drainage,etc.).Attach topographic photographs or topographic map showing unique features, etc. Due to the small size of this tideland parcel,an irregular rectangle of approximately 120' length by 30- 40' width, it is impossible to have any beach access points located beyond the 150' buffer width.The parcel itself is just a narrow strip largely extending from a steep bluff from the road level at Shine Rd.to beach grade. 5. Are these conditions unique to your property and not experienced by other properties in the area? (If yes,please explain.) Properties immediately to the east and west of the subject parcel are much larger,extending from the landward side of Shine Rd.to beach grade and including single-family houses(See attachment). It is possible for these properties to have reasonable development well behind the 150' buffer,as opposed to the subject parcel which is limited by its small size. 6. Were any of these conditions or circumstances caused directly by you? (If yes,please explain.) No.The special circumstances on this site are the result of topography and parcel size. 7. Describe the hardship the standard places on the use of your property. The Garten family is looking to create a safe access point to the beach,where Robert Garten also owns 3 tideland parcels(821334076, 821334075, 821334074).This stairway will allow his family to recreate safely on the beach.This standard will not allow for access without a variance. 8. Is the deviation you request the minimum necessary to accomplish your project or is there another reasonable way to accomplish your project that would not require a variance?(Please explain.) The proposed stairway is the smallest reasonable structure that would allow for safe beach access. It will only extend 12' outward from the existing structure on-site,and will end behind as far behind the OHWM as is possible due to the steep topography on the parcel. 9. Describe how granting the variance will not be materially detrimental to the public health,safety, welfare,use,or interest,or injurious to property or improvements in the vicinity. The sole purpose of this stairway is to provide safe access to the beach for the Garten family,and as such it will improve the public health, use,and safety conditions in the area. 10. Is there anything else you would add which supports your request? A Habitat Management Plan(HMP)is also being substituted to address the potential impacts to fish and wildlife habitat and to propose appropriate mitigation. This mitigation includes the removal of invasive Himalayan blackberry and periwinkle as well as the addition of Nootka rose plants and a Hookers willow tree. Invasive species removal and the addition of native species will improve function as well as add aesthetic qualities to the shoreline. F? CC CO I-I = O C3 LC. Cu .0 Z LL �. 0 1-1 0 CO LO N CO 4 e •• - CO . 0 a 4 Ci) — co to -7 Z 1 4 p V — CO J C.:,: . t. 1 X CC V -F-, CO CC il, ' .7 C U 0 O 0 =_ s 1 4 I W O 0 = ;,v F j +-I V H O) O) CD -- Q _a C) C) C.) J Z o I— o J Cl o_ 1 � . ) U I- I- 0 0 CO CA a) a) Cr) CO V .- = 0 Ln CO Cr V I W C = = LC) 3 F- Co CD CO C) OD J C) O Co 'O CC = Z CO C Z O C) H Cn -- C) LO y d X 7 Cu r - F- CO OD CC -O CC 0 .- J W CO Z X C W d" J W W t\i) W C1 CO I— co cc CD CO CC CC CD CC 0 -- CC .- W W X C) • Cr X CO CZ N CO CC CC CD 0 ( CD CC 0 I- Y J /� C) J CU I-I [r W J CC 0 �v J = CC CO F- CC = CD w '0 CU X - X W I— I— J cc- C) F— CC Z I— a) _i CC CO I- W 0) a W I- 0 CO F- 0) CO CO .— CC a) C*7 J Cr 7 CZ O O O O CD co I— <L +P `- C) CC CU 0- C t. D CO - -i-' 0 CD 0 CO 7 N- 0 O Nt Cr) CO Cr) 1.- . CC Q 01 . N CD CD ti O Cu O O •— co 0 O O V L C) .- C) a) N ,— co a # C O F— a) •• L 3 L cc Y C — a) O -F-• a) 4 a) a) = a) -- 7) CD t a) C) CO a) V > CO U L L C2 — 0 CO 0. L U CO X +- C.) V X CO co Cl CO -- -- CO a) F— I— X C I— Cl) 1 CO c}- �E m I— GL ..0 PRE13-00020 ,�e Pre-application Conference Robert Garten Construction of Stairs to Beach �...�a Attendees: Robert Garten, Property Owner; Donna Frostholm, Jefferson County Development Review Division • Meeting DatefTime/Location: September 17, 2013/10:00/Onsite • ' Owner/Applicant: Robert Garten, 201 Stark Road, Port Ludlow,Washington 98365 Description of Proposal: The applicant has constructed stairs to the beach and will be applying for an after-the-fact permit. Project was constructed along Squamish Harbor. The Jefferson County Code is available on-line at http://www.codepublishinq.com/. DEVELOPMENT REVIEW DIVISION Land Use: • . Zoned—Rural Residential 1:5 < _, • SEPA(WAC 197-11)—Subject to SEPA review; submit an Environmental Checklist Shoreline Master Plan: • Shoreline Designation—Conservancy • Application will be processed as a shoreline substantial development permit under JCC Chapter 18.25—Shoreline Master Plan (SMP). Construction of stairs to the beach is an unclassified use, which means that the project will be reviewed as a conditional use. Permitting of conditional uses within the shoreline jurisdiction is a Type III process that requires noticing and a public hearing, with the final decision made by the Hearing Examiner(for compliance with the JCC SMP conditions). To comply with permitting requirements, the applicant must demonstrate that the following sections of the SMP are met: JCC 18.25.110—Aquatic; JCC 18.25.140—Suburban, JCC 18.25.220— Unclassified uses, JCC 18.25.200—Conditional uses, and JCC 18.25.410—Residential development(as it pertains to critical areas and shorelines). • Jefferson County will forward a copy of the application and the hearing examiner decision to Washington State Department of Ecology. This agency will have final review of the project for compliance with the Shoreline Management Act. • Regulatory requirements described above are based on current SMP requirements. • Note: If a complete application is not received before the SMP update becomes effective, the application will be reviewed based on criteria specified in the new SMP. As currently identified in the Locally Approved SMP (dated 12-7-09), this application would be reviewed using a Conditional (Administrative) process. The shoreline designation under the new SMP will be Shoreline Residential and Aquatic. The Locally Approved SMP can be found online on the SMP Update webpage, and construction of a tram would be reviewed under: o Article 6-general policies and regulations; o Article 7.1 —beach access structures; o Article 8—residential; o Article 9—conditional use permit criteria This area is mapped as"erosional" under the new SMP, which prohibits new stirs to the beach at feeder bluffs. Therefore, it is unlikely that DCD could approve{hey tgirs to the - beach under the new SMP. _:f Critical Areas: f-:! • Geologically hazardous areas(seismic hazards)—A geotechnical report is'rr required or stairs to the beach for residential uses in areas mapped as seismic ha rds.N .t • ish and Wildlife Habitat Conservation Areas (listed species in Dabob Bay)-'i r esa ...:-°3 ill be constructed within and/or immediately adjacent to habitat for listed fish species. Submit a Critical Areas Stewardship Plan (CASP) stairs to the beach form prepared by a qualified professional to comply with Chapter 18.22 JCC Article IX(Critical Areas Q Q�X` j Stewardship Plan). ?c,Wetlands—The parcel and shoreline are mapped as wetland. Submit a Critical Areas 0 ` / Stewardship Plan stairs to the beach form prepared by a qualified professional to comply 1 \` with Chapter 18.22 JCC Article IX(Critical Areas Stewardship Plan). ( li • Flood Hazards—The project is located outside of mapped FEMA flood boundaries. No report is needed. • Aquifer Recharge Areas(Special Aquifer Recharge Protection Area and Susceptible)— Proposal is not expected to affect aquifer recharge. • Seawater Intrusion Protection Zone(Coastal)—Proposal is not expected to affect SIPZ. Application and Fees: • Complete Application Includes: o Master Permit Application j r,` trA CA t5 o SEPA Checklist 1( VI{Q(,�td I f"ni b0l'e ©a O ff,, �� VaY�(nceT� �I� o Site Plan o Proposal Drawings and Details (also include 11"X17" sheets of proposal) c�_-ii ( Iv s$ Ali-. o Stormwater Calculation Worksheet 4 Zr2OgCW+T 2 cfa-f()i, ?� ,r✓vv' p( �� o Fee due at the time of application - 0 ($2,208—shoreline conditional use; ` �' �� Vtle $760—SEPA review. ' -- . If the application is submitted after the C, Sfis, r f yvu� � tn0 , - .. - .r information about fees. be �� lIE erk A building permit will be needed to construct within the shoreline. Building fees are in v i t)�n 0 addition to those listed above. It is suggested that you complete shoreline permitting 1)t -pt,i 1%7)501 J before applying for the building permit. _ �' 8J J OTHER REGULATORY/LAND USE CONSIDERATIONS • The project must comply with the Shoreline Management Act and receive approval from Washington Department of Ecology. • The project may need a Hydraulic Project Approval (HPA)from Washington Department of Fish and Wildlife. • If a lease is needed from Washington Department of Natural Resources, it is the responsibility of the applicant to obtain the lease. • The proposal will be reviewed by the U.S. Army Corps of Engineers, state agencies, and tribes. • This project may need a permit from the U.S. Army Corps of Engineers. This agency has jurisdiction over waters of the U.S., including wetlands. The Corps contact is Jo Gardiner (Seattle District/Regulatory). Ty, VO �4, 6 JEFFERSON COUNTY b't o ,.�; DEPARTMENT OF COMMUNITY DEVELOPMENT ' 621 Sheridan Street • Port Townsend • Washington 98368 '" �� .: :; � ffiw :a�tl 141%NO 360/379-4450 - 360/379-4451 Fax ,,%- , Variance Purpose The purpose of allowing variances from the standards of the Jefferson County Code (JCC) is to ensure that all persons and their property are guaranteed equal rights and opportunities under similar circumstances. Variances from the standards of the JCC shall only be granted where there are extraordinary or unique circumstances relating to the property such that the strict implementation of the JCC would impose unnecessary hardships on the applicant or thwart the purpose and goals of the Jefferson County Comprehensive Plan or JCC. Variances may only be granted for dimensional, area and bulk requirements (e.g., height, setbacks, yard size, lot coverage,frontage,floor area and the like)specified by the JCC. JCC 18.40 outlines the provisions for variance procedures and criteria allowed under the Code, except for reasonable economic use variances and environmentally sensitive area buffer width reductions,which are governed by the provisions of JCC 18.22 Critical Areas. In addition to the supplemental Variance Application Form in this packet, you must also complete the Master Permit Application Form for all variance applications. Variance approval may involve either a Type II or Type III review process under the JCC, depending on the specific type of variance requested. Types of Variances There are three broad types of variances identified in the JCC. Reasonable Economic Use Variance: A Reasonable Economic Use variance may be applied for if the application of Environmentally Sensitive Area buffers (i.e. wetland, streams, geohazards, etc) identified in JCC 18.15.185 deny all reasonable economic use of a property. Applicants may apply for a reasonable economic use variance only upon denial of a permit due to the requirements of the JCC 18.22—Critical Areas. Minor Variance: Minor variances include variances that would permit expansion of an existing building which would extend no more than ten (10) percent beyond the dimensional, area and bulk requirements specified by the JCC. Minor variances also include variances to allow expansion of an existing building that is nonconforming as to setback or lot coverage requirements as long as the proposed expansion would not: • Increase the nonconformity of the building;and • Result in any portion of the building or expansion being located closer to an abutting property line than does the existing building at its nearest point to the property line. Applications for minor variances are processed according to the procedures for Type II land use decisions established in JCC 18.40.270. Major Variance: Major variances include all other variances not classified as minor. Applications for major variances are processed according to the procedures for Type III land use decisions established in Article IV of Chapter 18.40. Process Step 1 — Pre-Application Conference: A pre-application conference is required for all Variances. Conceptual plans, county requirements,future permit requirements, etc., and answers to related questions are discussed at the conference. Information provided by Department of Community Development staff helps the applicant to prepare a better application and potentially decreases code- related questions and time required for formal review. Step 2 — Determination of Completeness: Following submittal of your application, county staff will make a determination within 28 days as to whether your application is complete. Step 3—Formal Application Review and Decision: Following the determination of completeness, a final decision must be made by the county within 120 calendar days. The final decision may be made by either the Administrator (for all Minor Variances) or the Hearing Examiner (for all Reasonable Economic Use Variances and Major Variances). Public hearings before the Hearing G:\PermitCenterFORMS###\DRD FORMS\variance app_FINAL.doc REV.10/16/2008 Page 1 Examiner are required for all Reasonable Economic lkse; ari Major Variances. In all variance cases the decision may be appealed. �� Approval Criteria Reasonable Economic Use Variances Your reasonable economic uses variance application [pursuant to JCC 18.22.090]will be evaluated on the basis of the criteria listed in the relevant section of the Jefferson County Code(see JCC 18.22.090),and in some instances, inspection of the property. A reasonable economic use variance may be granted only if the applicant demonstrates all of the following: No reasonable economic use with less impact on the ESA or its buffer is possible; There is no feasible on-site alternative to the proposed activities that would allow a reasonable economic use with less adverse impacts to ESA's or ESA buffers; The proposed variance will result in the minimum feasible alteration or impairment of the ESA; Disturbance of ESA's has been minimized by locating any necessary alteration in ESA buffers to the minimum extent possible; The proposed variance complies with applicable Federal, State, and local law; There will be no material damage to nearby public or private property and no material threat to the health or safety of people on or off the property; The inability to derive reasonable economic use of the property is not the result of actions by the applicant in segregating or dividing the property and creating the undevelopable condition after the effective date of this code. In instances where all of the above findings cannot be made,the application shall be denied. In granting any variance,the Administrator or Hearing Examiner(as applicable) may prescribe appropriate conditions and safeguards to assure that the purpose and intent of the JCC and the Jefferson County Comprehensive Plan will not be violated. Minor and Major Variances Your minor or major variance application will be evaluated on the basis of the criteria listed in the relevant section of the Jefferson County Code(see JCC 18.40.640),and in some instances, inspection of the property. A variance may be granted only if the applicant demonstrates all of the following: • The variance will not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and land use district in which the subject property is located; • The variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property,to provide it with use rights and privileges permitted to other properties in the vicinity and in the land use district in which the subject property is located; • The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and land use district in which the subject property is located; • The special circumstances of the subject property make the strict enforcement of the provisions of this Code an unnecessary hardship to the property owner; • The special circumstances are not the result of the actions of the applicant; and • The variance is consistent with the purposes and intent of the Code. In instances where all of the above findings cannot be made,the application shall be denied. In granting any variance,the Administrator or Hearing Examiner(as applicable) may prescribe appropriate conditions and safeguards to assure that the purpose and intent of the JCC and the Jefferson County Comprehensive Plan will not be violated. The Administrator or Hearing Examiner(as applicable) may not grant a variance for the following: . The provisions of the JCC establishing allowed, conditional, discretionary and prohibited uses within the various land use G:\PermitCenter\###FORMS###\DRO FORMS\variance app_FINAL.doc REV.10/16/2008 Page 2 t districts(i.e.,Table 3-1 in JCC 18.15.040); "`z ' '/ • • The density provisions of this code; - �a• The procedural or administrative provisions this code;or g'u • Any provision of this code which, by its terms, is not subject to a variance. Approval of the variance 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 variance approval will expire. G:\PermitCenter\###FORMS###\DRD FORMS\variance app_FINAL.doc REV.10/16/2008 Page 3 4 ' '6, JEFFERSON COUNTY k ,`.4 DEPARTMENT OF COMMUNITY DEVELOPMENT r`` . v jj K......., O 621 Sheridan Street • Port Townsend •Washington 98368 ---- ::..,,�,_- - `t 360/379-4450 360/379-4451 Fax Variance Application MLA# PROJECT/APPLICANT NAME: A variance is an exception from the general rule or standard and as such must be accompanied by sufficient reasoning to justify granting its approval. Granting a variance is based on a hardship presented by applying the standard to circumstances or conditions unique to the property rather than personal circumstances of the applicant and generally not experienced by other properties. A site plan must accompany the variance request. It needs to be no larger than 11 x 17 inches, suitable for copying, and graphically illustrate or identify the following features: • North arrow and engineer scale. • Development area(property boundary lines,section lines,etc.). • Property improvements(existing and proposed structures, utilities,septic tank and drainfield location,existing wells,etc.). • Property features (existing and proposed changes to topography and ground relief, vegetation, shoreline location, outstanding physical features, etc.) • Setbacks(required and proposed, if different). • Roads(State,County,and private)and easements(road, utility and others). • Other information that explains the variance request. The following questions will assist in the evaluation of the variance request: 1. From which standards are you requesting a variance?[Identify applicable Jefferson County Code section(s).] 2. Describe the requested variance. 3. Describe the proposed standard(s). 4. Describe the extraordinary conditions or unusual circumstances which exist on your property that would justify deviation from the standard(such as topographic features, parcel size and shape,drainage, etc.).Attach topographic photographs or topographic map showing unique features,etc. G:\PermitCenter\###FORMS###\DRD FORMS\variance app_FINAL.doc REV.10/16/2008 Page 1 5. Are these conditions unique to your property and not bx, rlei cecbli 10 r properties in the area?(If yes, please explain.) 6. Were any of these conditions or circumstances caused directly by you?(If yes, please explain.) 7. Describe the hardship the standard places on the use of your property. 8. Is the deviation you request the minimum necessary to accomplish your project or is there another reasonable way to accomplish your project that would not require a variance?(Please explain.) 9. Describe how granting the variance will not be materially detrimental to the public health,safety,welfare, use,or interest,or injurious to property or improvements in the vicinity. 10. Is there anything else you would add which supports your request? ACKNOWLEDGEMENT By signing the application form, the applicant/owner attests that the information provided herein is true and correct to the best of their knowledge. 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. (APPLICANT OR AUTHORIZED REPRESENTATIVE SIGNATURE) (DATE) [NOTE: Representative authorization is required if application is not signed by the Owner.] G:\PermitCenter\#N#FORMS###\DRD FORMS\variance app_FINAL.doc REV.10/16/2008 Page 2 0 lormike>. JEFFERSON COUNTY. 14 DEPARTMENT OF COMMUNITY DEVELOPMENT • P4 621-Sheridan Street• Port Townsend •Was hington 98368 360/379-4450• 360/379-4451 Fax `4) Ct.? www.co.jefferson.wa.us/commdevelopment • r, ----- Master Permit Application MLA: Project Description(include separate sheets as necessary): • Tax Parcel Number: . Property Size: (acres/square feet) Site Address and/or Directions to Property: Property Owner(s)of Record: Telephone: Fax: email: Mailing Address: Applicant/Agent(if different from owner): Telephone: Fax: ernail: Mailing Address: , What kind of Permit?(Check each box that applies 0 Lot or Road Segregation • 0Building 0 Critical Areas Stewardship Plan• 0 Demolition Permit 0 Variance(Minor,Major or Reasonable Economic Use) 0 Single Family Garage Attached/Detached 0 Conditional Use[C(a),C(d),or C] 0 Manufactured Home. .0 Modular- - • - 0 Discretionary'EY or Unnamed Use Classification • 0 Commercial* 0 Special Use(Essential Public Facilities)** 0 Change of Use 0 Boundary Line Adjustment 0 Address 0 Road Approach 0 Short Plat** 0 Home Business 0 Cottage Industry 0 Binding Site Plan-- 0 Propane 0 Long Plat** 0 Sign 0 Planned Rural Residential Development(PRRD)/Amendments** • 0 Allowed"Yes"Use Consistency Analysis 0 Plat Vacation/Alteration** 0 Stormwater Management 0 Shoreline Master Program Exemption/Permit Revisions" 0 Site Plan Approval Advance Determination(SPAAD)* 0 Shoreline Management Substantial Development • ** 0 Temporary Use 0 Shoreline Manageent Variance 0 Wireless Telecommunication* m0 Comprehensive Plan/UDC/Land Use District Map Amendment Forest Practices Act/Release of Six-Year Moratorium 0 Jefferson County Shoreline Master Program Amendment *May require a Pre—Application Conference 0 Tree Vegetation Request **R-.ufres a Pre-A.•lication Conference Please identify any other local,state or federal permits required for this prOposal, if known: • DESIGNATION OF AGENT • I hereby designate to act as my agent in matters relating to this application for permit(s). • OWNER SIGNATURE Date: • By signing this application form,the owner/agent attests that the information provided herein,and in any attachments,is true and correct to the best of his,her or its knowledge. 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 later inspections. Staff's access and right of entry will be assumed unless the applicant informs the County in writing at the time of the application that he or she wants prior notice. Signature: Date: The action or actions Applicant will undertake as a result of issuance of this permit may negatively impact upon one or more threatened or endangered species and could lead to trpotential"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 in compliance with the Jefferson County development code.The Applicant acknowledges thathe,she or it holds individual and non-transferable responsibility for adhering to and complying with the ESA. The Applicant has read this disclaimer and signs and dates it below. Sionature: Date: 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 . they will be assuming the responsibility of the General Contractor for the proposed project. . . . Signature: Date: GENERAL CONTRACTOR OR MANUFACTURED HOME INSTALLER: PHONE: . FAX: ( ) ' ( — MAILING ADDRESS: , EMAIL: CONTRACTOR'S LICENSE WAINS NUMBER: NUMBER ARCHITECT/ENGINEER: -------___ '' PHONE ( ) FAX:( ) MAILING ADDRESS: EMAIL . Project Type: Frame Type: Bathrooms: Shoreline: Type of Sewage Disposal: O New 0 Wood Existing: 0 Sewer 0 Addition 0 Steel Proposed: Bank 0 Community System O Alteration/Remodel 0 Concrete Total: Height: 0 Individual System O Repair 0 Masonry SEP Permit# O Demolition 0 Other: Bedrooms: Water Supply: Existing: Setback: Cl Private well 0 Two Party Type of Heat: Proposed: 0 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: I Underground Tank 1 Above ground Tank Size of Propane Tank: I Heat Stove I Cook Stove 1 Woodstove I Fireplace Insert 1 Hot Water Tank 1 Pellet Stove 1 Other 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,ill property lines,tank location and size,distances from the propane tank to all property lines,buildings and septic system components, includin• the reserve area. 171,13Z;t=."-"W 11 'e —.4".,-•,*'%7 e`i.''1::(--f'V144.. 'SZ^ _,,-.:'` S•uare Foote.e Current Pro.osed e -re_JAC, s'...P. rtil& 17:4',:r `:- , „..,-..•-'' :111v --4 j':,-/At-21.„94D&.- Main Floor Heated EH BI ' ' • -" ' " - ' ' - d App Review. `-- 2 Floor Heated ,— •-,,, .,A.A; r , Consistency Review:-...1P -—..sir4t, -} ''',t ---, _ Other Heated Z4_,.VF.- .. -> .2 Base fee' 'Cwi'4"- -:"it2....1,',- ' Mezzanine re-F-714: , ' Additional Section: - ,‘,-xi,.....-v;-,,q;it2,4•:. Heated Basement lity:4:45.% Plan Check fee: F' -;:t_ r ,.,, Unheated Basement ef,040 , _,, 1 State Surcharge fee: ,,,fte.q4,4tie.; Other Unheated. „zit 401:4 Pot Water Review fee: Garage/CarPoit F1,- --,•,-:-••-r. SUBTOTAL %.5•-w- ,-- ,.-44.--.. Decks V-:•-f0m.,, .1,,,,'Ff.A 911/Rd Approach fee'. . . 14,i1. -'wr.-w---,-:s 0-4-:-..,„ V.',•-ti_i,;:-tt Other „,;. ./A:45-'- :11."105.1,- ,/,!..: TOTAL $ Receipt Number: :-• - ..-.-,.,4-4 Number- Cash/Check • • • ESTIMATED COST(REQUIRED) Date: •Fair market value of all labor and materials foundation to finish Initials: PRE13-00020 r. Pre-application Conference Robert Garten Construction of Stairs to Beach Attendees: Robert Garten, Property Owner; Donna Frostholm, Jefferson County Development Review Division Meeting Date/Time/Location: September 17, 2013/10:00/Onsite Owner/Applicant: Robert Garten, 201 Stark Road, Port Ludlow, Washington 98365 Description of Proposal: The applicant has constructed stairs to the beach and will be applying for an after-the-fact permit. Project was constructed along Squamish Harbor. The Jefferson County Code is available on-line at http://www.codepublishinq.com/. DEVELOPMENT REVIEW DIVISION Land Use: • Zoned—Rural Residential 1:5 • SEPA(WAC 197-11)—Subject to SEPA review; submit an Environmental Checklist Shoreline Master Plan: • Shoreline Designation —Conservancy • Application will be processed as a shoreline substantial development permit under JCC Chapter 18.25—Shoreline Master Plan (SMP). Construction of stairs to the beach is an unclassified use, which means that the project will be reviewed as a conditional use. Permitting of conditional uses within the shoreline jurisdiction is a Type III process that requires noticing and a public hearing, with the final decision made by the Hearing Examiner(for compliance with the JCC SMP conditions). To comply with permitting requirements, the applicant must demonstrate that the following sections of the SMP are met: JCC 18.25.110—Aquatic; JCC 18.25.140—Suburban, JCC 18.25.220— Unclassified uses, JCC 18.25.200—Conditional uses, and JCC 18.25.410—Residential development(as it pertains to critical areas and shorelines). • Jefferson County will forward a copy of the application and the hearing examiner decision to Washington State Department of Ecology. This agency will have final review of the project for compliance with the Shoreline Management Act. • Regulatory requirements described above are based on current SMP requirements. • Note: If a complete application is not received before the SMP update becomes effective, the application will be reviewed based on criteria specified in the new SMP. As currently identified in the Locally Approved SMP (dated 12-7-09), this application would be reviewed using a Conditional (Administrative) process. The shoreline designation under the new SMP will be Shoreline Residential and Aquatic. The Locally Approved SMP can be found online on the SMP Update webpage, and construction of a tram would be reviewed under: o Article 6-general policies and regulations; o Article 7.1 —beach access structures; o Article 8—residential; o Article 9—conditional use permit criteria This area is mapped as"erosional" under the new SMP, which prohibits new stairs to the beach at feeder bluffs. Therefore, it is unlikely that DCD could approve the stairs to the beach under the new SMP. Critical Areas: • Geologically hazardous areas (seismic hazards)—A geotechnical report is not required for stairs to the beach for residential uses in areas mapped as seismic hazards. • Fish and Wildlife Habitat Conservation Areas (listed species in Dabob Bay)—Proposal will be constructed within and/or immediately adjacent to habitat for listed fish species. Submit a Critical Areas Stewardship Plan (CASP)stairs to the beach form prepared by a qualified professional to comply with Chapter 18.22 JCC Article IX(Critical Areas Stewardship Plan). • Wetlands—The parcel and shoreline are mapped as wetland. Submit a Critical Areas Stewardship Plan stairs to the beach form prepared by a qualified professional to comply with Chapter 18.22 JCC Article IX(Critical Areas Stewardship Plan). • Flood Hazards—The project is located outside of mapped FEMA flood boundaries. No report is needed. • Aquifer Recharge Areas(Special Aquifer Recharge Protection Area and Susceptible)— Proposal is not expected to affect aquifer recharge. • Seawater Intrusion Protection Zone (Coastal)—Proposal is not expected to affect SIPZ. Application and Fees: ., 0 • Complete Application Includes: °" o Master Permit Application 4 ------ o JARPA o SEPA Checklist o Site Plan o Proposal Drawings and Details (also include 11"X17"sheets of proposal) o CASP Stairs to the beach form o Stormwater Calculation Worksheet o Fees due at the time of application -$3,500 ($2,208—shoreline conditional use; $760—SEPA review; $532—CASP). If the application is submitted after the SMP update, call for information about fees. • A building permit will be needed to construct within the shoreline. Building fees are in addition to those listed above. It is suggested that you complete shoreline permitting before applying for the building permit. OTHER REGULATORY/LAND USE CONSIDERATIONS • The project must comply with the Shoreline Management Act and receive approval from Washington Department of Ecology. • The project may need a Hydraulic Project Approval (HPA) from Washington Department of Fish and Wildlife. • If a lease is needed from Washington Department of Natural Resources, it is the responsibility of the applicant to obtain the lease. • The proposal will be reviewed by the U.S. Army Corps of Engineers, state agencies, and tribes. • This project may need a permit from the U.S. Army Corps of Engineers. This agency has jurisdiction over waters of the U.S., including wetlands. The Corps contact is Jo Gardiner (Seattle District/Regulatory). Jefferson County Code �� r _ 18.25.110 sary for the improvement of the habitat or passage 18.25.110 Aquatic.'4-' � ` ,s and appropriately designed and sited to accomplish (I) Definition.The aquatic designation refers to the intended purpose. all water bodies, including marine waters, lakes, (b) The project has received hydraulic rivers, and streams,and their respective project approval by the Department of Fish and umns and underlying lands that are defined col- as Wildlife under Chapter 75.20 RCW. shorelines of the state. (c) The local government has determined (2) Policies. that the project is consistent with the local shore- (a) The aquatic environment should be man- line master program. The local government shall aged for)appropriate a aquatic environment should g man- make such determination in a timely manner and g use activities,allowing either.. Y multiple use or single dominant use in areas of provide it by letter to the project proponent. unique conditions,while recognizing (20) Hazardous Substance Remedial Actions. compatibility with adjacent upland horeline�g The procedural requirements of Chapter 90.58 ignitions. RCW shall not apply to a project for which a con- (b) Abandoned structures within the aquatic sent decree, order or agreed order has been issued (b) Abandoned strictures within the aquatic designation should be removed when they no under Chapter 70.105D RCW or to the Department longer serve their permitted use unless retaining of Ecology when it conducts a remedial action such structures will provide a net environmental under Chapter 70.105D RCW. The Department benefit, for example, artificial reef effect of con- shall, in consultation with the appropriate local crete anchors. government,assure that such projects comply with (c) All structures placed on the water's sur- the substantive requirements of Chapter 90.58 face should have as low a profile as possible to RCW, Chapter 173-26 WAC and this master pro- minimize visual intrusion. gram. [Ord. 11-00§5(3.402)] (d) Potential conflicts with adjacent uses Article IV.Shoreline such as commercial fishing,recreation,and naviga- Designations and tion should be considered in the review of proposed Project Classifications aquatic developments.Developments should not be permitted where they would materially interfere 18.25.100 Shoreline environmental with existing uses. designations. (e) Aquatic developments should not locate The shorelines of Jefferson County, including in areas where the ecological quality of the shore- the city of Port Townsend's shorelines, are intrin- line environment would be significantly degraded. sically different. They have been designated into (f) -Aquatic five categories to provide a uniform and equitable designed and located to ensure that they do not have basis to guide and evaluate development proposals a significant adverse impact on natural dynamic that take place among the different shoreline areas. processes of shoreline formation or change. These five shoreline designations are explained below and are graphically portrayed (g) Aquatic developments should make ZAp y pow ed on the shore- minimal and appropriate use of approved pesti- line designation map (see JCC 18.25.710). The cides, herbicides, antibiotics, vaccines, growth upland shoreline designations (urban, suburban, stimulants, or other chemicals. Operators shall conservancy, and natural) include wetlands as receive prior review and approval for their use defined in this master program, extending to the from the appropriate federal and state agencies. extreme low tide level. In some instances, the (h) Only federal and state approved anti_ upland may contain dual environmental designa- fouling agents should be used in aquatic develop- tions.These limited instances occur where the area ments. normally considered upland may accommodate (3) Performance Standards. more intense activity than the shoreline proper.The (a) Structures, equipment, and materials designation for all water bodies (aquatic)includes shall be removed as soon as practicable upon the all shorelines of the state as defined in this master cessation of a project's operation or a structure's up program.There is an intentional overlapping of the useful life.Any structure that is damaged or breaks aquatic designation in the intertidal away in the water shall be repaired or removed by zone.Projects encompassing the intertidal area will the permittee as soon as practicable. Permittees be reviewed for consistency with both designa- who anticipate a temporary interruption of the use tions. [Ord. 11-00§5(4.10)] of a facility or structure may be allowed to keep it in its permitted location provided they notify and receive written concurrence from the Jefferson 18427 (Revised 10/01) 18.25.120 I County planning and building department. Any 18.25.130 Conservancy. _ _,�.�....:._ _a`'" ._._.... structure not utilized for over one year shall be (1) Definition. An area with valuable natural, removed regardless of future anticipated use unless cultural, or historical resources or environmental prior permission has been granted by the Jefferson conditions that should be protected,conserved,and County planning and building department upon managed to the extent that a continual supply of showing of good cause. those resources such as soil, water, timber, fish, (b) Permittees for developments in the shellfish, or wildlife are not degraded or depleted aquatic designation shall be required to post a per- but are maintained. Also included are areas con- formance bond or other suitable guarantee to ensure taining sensitive environmental conditions that removal of all structures,equipment,and materials, may limit the potential for development or use, should the project cease operation.The county may including but not limited to steep slopes, flood- require security beyond that required by the state if prone areas, eroding bluffs, marshes, bogs, it is determined that state requirements are not ade- swamps, and accretion shore forms. Low density quate to secure removal of structures. residential and recreational uses are permitted pro- (c) Pennittees shall be liable for all damages vided these activities do not significantly degrade to public and private property should their struc- or deplete resources and respect limiting environ- tures fail. The county may require liability incur- mental condition. ance beyond that required by the state if it is (2) Policy. To protect, conserve, and manage determined that state requirements are not adequate existing resources and valuable historical and cul- to cover damages. tural areas in order to ensure sustained resource (d) Aquatic developments shall not be stabilization and that sensitive natural conditions approved in narrow channels,shipping lanes,or in are not subject to inappropriate uses. [Ord.11-00§ other areas where they are a significant hazard to 5(4.103)] navigation. (e) All structures that could interfere with 18.25.140 Suburban. navigation shall be marked in accordance with the (1) Definition.Areas where residential activity U.S.Coast Guard Private Aids to Navigation. may approach urban density, but usually where (f) The maximum level for noise generated • densities permit space for small numbers of live- in the aquatic designation shall be 50 dBA at a dis- stock, gardens, or wood lots. These areas are tance of 100 feet.This standard shall not apply to served by individual or community water supplies, vessels that are underway. All feasible methods but generally are not linked with utilities from an shall be employed to minimize overwater noise urban center. Commercial activities to serve the generation. needs of the immediate area are considered an inte- (g) Structures placed in the aquatic designs- gral part of this designation. tion shall blend into the surroundings to the great- (2) Policy. To provide permanent residential est extent feasible utilizing appropriate color(s), and recreational areas outside of urban areas, so texture, nonreflective materials, and other design long as development of these areas provides ade- characteristics. [Ord. 11-00§5(4.101)] quate facilities for sewage disposal, water supply, open space, and the like without severe degrada- 18.25.120 Natural. tion to the lifestyle that was sought initially. [Ord. (1) Definition. A shoreline possessing unique 11-00§5(4.104)] or fragile features either natural or cultural,that are essentially unaltered from their natural state or rel- 18.25.150 Urban. atively intolerant of human use other than that for (1) Definition. The urban environment is an passive activities.Included are those areas contain- area of high intensity land use, including residen- ing hazardous or unique environmental conditions, tial, commercial, and industrial development. Ur- such as highly erosive bluffs,tidal marshes,.estu- ban shorelines should be designated for high aries,and active landslides. intensity use or multifamily residential develop- (2) Policy. Aquaculture developments and ment.The urban designation may also be applied to mechanized harvest practices involving substantial areas of lower intensity use where the surrounding substrate modification through dredging, trench- land use is urban and urban services are available. ing, digging, or adverse sedimentation should be (2) Policies. prohibited in wetlands and estuaries which are nat- (a) Development in urban areas should be ural environmental designations in this master pro- managed so it enhances and maintains the shore- gram.[Ord. 11-00§5(4.102)] line for a variety of urban uses, with preference (Revised 10/01) 18-128 Jefferson County Code 18.25.200 ceed 35 feet as measured from mean higher high Durin g application p p lication review,the basic element or water(MHHW). intent of a proposed development will guide in the (e) The redevelopment and revision of determination of the proposal's particular use existing wharves and piers may be permitted to activity.When a proposal contains two or more use serve water-dependent or water-related uses. activities within a shoreline designation, each Water enjoyment and non-water-oriented uses may activity may be reviewed independently and the be authorized as conditional uses on these struc- total project considered on the whole. tures,provided such uses are integrated elements to In the review of a shoreline overall redevelopment plan meeting all of the given permit, consider- an pacthe g ation will be ven to the cumulative impact the following conditions: project may have with similar use activities. This (i) The redevelopment is to an existing, review is to ensure that the resulting total effect contributing structure within the Water Street Na- will not thwart the intent and policies of the partic- tional Historic District as recognized by the Na ular shoreline environmental desi tional Trust for Historic Preservation; result the on, nor in substantial degradation of the shoreline (ii) The structure is recognized by appro- itself.[Ord. 11-00 §5(4.20)] priate historic preservation agencies as having local and state-wide historic significance; 18.25.180 Primary uses. (iii) The structure has an established his- (1) Defmition. In general, those categories of tory of mixed uses, both water-oriented and non- uses that are deemed as being preferable with the water-oriented uses; definition and policy of a particular shoreline des- (iv) The redevelopment does not exceed ignation. the structure's historic,overwater footprint; 2 ( ) Criteria. Primary uses are presumed to be (v) Buildings and other structures lo- generally consistent with the policies and definition cated on the wharf or pier are approved by appro- of the shoreline designation where it is located. priate historic preservation agencies as being Projects will be reviewed for consistency with spe- compatible and reinforcing of the architectural in- cific goals and policies and must comply with the tegrity of the historic district; performance standards specified for the particular (vi) A significant element or component type of development being reviewed.[Ord. 11-00§ of the developed area is dedicated to water-depen- 5(4.201)] dent and water-related uses; (vii) At least one-third of the pile sup- 18.25.190 Secondary uses. ported structure including a perimeter walkway is (1) Definition.Those uses that are not automat- dedicated for public access and enjoyment of the ically deemed as being preferable within the scope shoreline. All public access provisions shall be of the definition or policy of a particular shoreline completed and available for public use upon corn- environmental designation. pletion of the first component of the development; (2) Criteria. Applicants for shoreline substan- (viii) The redevelopment will not result tial development permits for secondary uses will in a reduction in the amount of physical public ac- have the burden of proof to demonstrate that: cess to and over the water as currently exists; (a) The proposal will not be contrary to the (ix) The city of Port Townsend shall be a general intent of the Shoreline Management Act, party to a binding agreement to guarantee that pub- nor shall it be contrary to the goals, policies, and lic access and enjoyment provisions are confirm- performance standards of this master program. ously maintained. [Ord. 11-00§5(4.106)] (b) The proposed project will not materially interfere with the public use of public lands and 18.25.170 Project classifications. waters or the private use of adjacent private lands. Development proposals are categorized within (c) The proposed each shoreline designation as prim P P° project will not cause primary, secondary, unnecessary adverse effects on the environment or conditional,or prohibited uses.This priority system other properties and will be compatible with other determines the proposals administrative require- permitted uses in the area.[Ord 11-00§5(4.202)] ments and encourages activities that are compatible with each shoreline designation. In all cases, the 18.25.200 Conditional uses. applicant shall have the burden of proof to show 1 consistency with the provisions of the Act and this ( ) Defuurion.Those uses that are deemed least preferable within the scope of the definition and master program. policies of a particular shoreline environmental designation. While not prohibited outright, these 18-131 (Revised 10/01) 18.25.210 r 4 4 i uses are an exception to the general rule.A condi- ,8.25.220 Unclassified uses. tional use permit is intended to allow for flexibility——`-- --Unthtssified uses are those uses which are not and the exercise of judgment in the application of classified in the foregoing definitions or in the uses regulations in a manner consistent with the policies listed in Article V of this chapter. Such uses shall of the Act and this master program.Requests for a be reviewed as a conditional use including the variance from the uses allowed within a shoreline applicant's additional burden to demonstrate that designation shall be evaluated as a conditional use extraordinary circumstances preclude reasonable subject to the criteria of this subsection, provided use of the property consistent with the provisions uses which are prohibited shall not be authorized. of the master program. Appeals from the adminis- A change of use from a permitted use to a condi- trator's decision may be made under the provisions tional use requires a conditional use permit. set forth in JCC 18.25.680 and 18.25.690. [Ord. (2) Criteria. Applicants for shoreline condi- 11-00§5(4.205)] tional use permits shall have the burden of proof to demonstrate that they are in conformance with 18.25.230 Shorelines of state-wide significance. WAC 173-27-160, as amended, and all of the fol- (1) Definition.Shorelines of state-wide signifi- lowing: cance,with respect to Jefferson County and the city (a) The proposed use is consistent with the of Port Townsend,are identified as: policies of RCW 90.58.020 and the policies of the (a) Those lakes, whether natural, artificial, master program; or a combination thereof,with a surface acreage of (b) The proposed use will not interfere with 1,000 acres or more measured at the ordinary high the normal public use of public shorelines; water mark,including their associated wetlands. (c) The proposed use of the site and design (b) Those areas of Puget Sound and adjacent of the project is compatible with other permitted salt waters and the Strait of Juan de.Fuca between uses within the area; the ordinary high water mark and the line of (d) The proposed use will cause no unrea- extreme low tide,which are Hood Canal from Tala sonable adverse effects to the shoreline environ- Point to Foulweather Bluff, south to the Mason- ment in which it is to be located;and Jefferson County line, including their associated (e) The public interest suffers no substantial wetlands. detrimental effect.In those limited instances where (c) Those areas of Puget Sound and the a conditional use is proposed, consideration shall Strait of Juan de Fuca and adjacent salt waters, be given to the cumulative impact of additional re- north to the Canadian line and lying seaward from quests for similar actions in the area. the line of extreme low tide. Furthermore, the Shoreline Management Act (d) Those natural rivers or segments thereof requires that permits for variances and conditional downstream from a point where the mean annual uses must be submitted to the Washington State flow is measured at 1,000 cubic feet per second or Department of Ecology for final approval. more.In Jefferson County, these rivers, including In authorizing a conditional use permit, special their associated wetlands,are: conditions may be required by Jefferson County, (i) The Clearwater River from the con- the city of Port Townsend,or the Washington State fluence of Miller Creek within Section 27,Town- Department of Ecology to control or prevent ship 25 North,Range 12 West,WM,downstream, adverse effects of a project or to further the policies excluding federal lands,to the Quinault Indian Res- of the Shoreline Management Act and this master ervation within Section 29, Township 24 North, program. [Ord. 11-00§ 5(4.203)] Range 10 West,WM. (ii) The Hoh River from the Olympic Na- 18.25.210 Prohibited uses. tional Park boundary within Section 29,Township Some developments and uses by their nature are 27 North,Range 10 West,WM,downstream to the not consistent with the definition,policies,or intent Hoh Indian Reservation within Section 20,Town- of certain shoreline environmental designations. ship 26 North,Range 13 West,WM. For the purpose of this program,these uses are not (iii) The Quinault River from the east considered appropriate or applicable, therefore, section line of Section 33, Township 24 North, they are not allowed. Uses that are prohibited Range 8 West,WM,downstream to the Hoh Indian within a shoreline environment may not otherwise Reservation within Section 20,Township 27 North, be permitted without fast amending the master Range 13 West,WM. program to allow said use. [Ord. 11-00§5(4.204)] (Revised 10/01) 18-132 I tt .' .h,1 ) d r ;.d , Jefferson County Code ,` s— - �� 18.25.410 * r. , 18.25.400 Recreational facilities. fences, and signs to prevent park overflo and to (1) Defmition. Facilities such as parks, trails otect the value and enjoyment of a. acent or d pathways, campgrounds, and resorts that pro- ne y private or public properties. vie a means for relaxation,play,and amusemen (e) Recreational facilities shall stablish and 2) Prohibited Uses and Activities. enfo regulations that prohibit tr - cutting and (a) Overnight recreational spaces or s' es limit the .s of marine life, . 'A w located on beaches,dunes,or intertidal areas. g wood, and the like. (3 Policies. (f) Si: associated wi 0 recreational facili- a) The concept of upland camping ould ties shall be ke. to a minim i1 in number and size be enc' •led to prevent the concentration ,f clut- and shall be erect.. as info. ational or directional - ter and eave the beaches, tidelands, s. - . s, and aids only. their ass. 'ated shorelines in basically th 1 natural state. (g) Adequate . o-'sions shall be made for the control of fires .. within recreational facili- (b) 'ark design and operation ould deal ties and between r-. -. trial facilities and adja- with the'1 o act such activities have no only within cent private or pub 'c lands. park boun•. 'es, but on adjacent p'.perties and (h) Unless pecificall designed for that communiti.• as well. purpose, park . ' recreational :cilities shall pro- (c) R.creational facilities should make ade- hibit the off-ro.,. use of all terrain ehicles in order quate provisi 1 ns for to protect na , . features as well as e enjoyment (i) ,raffic,both inside . d outside the fa- and value o .jacent private and pub properties. qty' (i) 'pplicants for substantial d• elopment methods (ii) ' oper water an% sewage disposal permits .r recreational facilities may .- required ' to pro 'i e adequate information to demons, . e the (iii) S. urity and e protection; safet of proposed equipment and facilities. (iv) Th, preventio I of overflow and tres- (j) Overnight recreational facilities •all pass onto adjacen properti s. c. oply with all applicable regulations and gui. (d) Public . - s . public shorelines and •nes,including JCC 18.25.300,Commercial devel- surface waters sho d be ncouraged. opment. [Ord. 11-00§5(5.150)] (e) Offshore - p ational devices should not interfere with naviga".f of waterways. 18.25.410 Residential development. (f) Trails and k athways on steep shoreline (1) Definition.The development of land and/or bluffs should be des 1.1 ed to not adversely affect the construction or erection of a dwelling or dwell- bank stability. ing units for the purpose of residential occupancy. (g) Public = • i'onal developments should (2) Prohibited Uses and Activities. be consistent wi adopt:. park, recreational, and (a) Residential structures located on or over open space plant of the city and county, when marshes, bogs, swamps, lagoons, tidelands, eco- appropriate. sensitive areas or water areas subject to (h) Swi rafts u -. for moorage purposes this master program. should comply with the po:cies and performance (b) Residential structures located upon geo- standards for ffshore moo . :e devices. logically hazardous areas or in floodways. (i) St ' ays, landin:., and boathouses (3) Policies. should not located waterw• d of existing bulk- (a) Residential development should be de- heads,b s,or the ordinary hi,,h water mark. signed at a level of density of site coverage and oc- (4) Pe ormance Standards. cupancy compatible with the physical capabilities (a) ecreational facilities all make ade- of the shoreline area,and consistent with the den- quate provisions for water suppl , sewage dis- sity provisions of local plans, codes, and ordi- posal, garbage collection. nances. ) Recreational facilities sh. make ade- (b) Residential development should be de- quate for vehicular parking signed to adequately protect the water and shoreline (c) Recreational facilities shall ,1 ake ade- aesthetic characteristics. quafe provisions for enforcement of law,and reg- (c) Residential developments should be en- illations associated with use of the faciliti. being couraged to provide pedestrian access to public prbposed' shorelines abutting the development. (d) Recreational facilities shall make ade- (d) Overwater residential development, in- juate provisions such as screening, buffer s ;.s, cluding floating home,should not be Pe rmitted. 18-151 (Revised 10/01) } Y. 18.25.410 ■ (e) Residential developers and individual i;; ' ) Roads,utilities,and other improvements builders should be required to indicate how they —a sha l comfly with the applicable policies and per- plan to preserve shore vegetation and control ero- formance standards of this master program. sion during construction. (i) Residential structures shall not be located (f) Sewage disposal facilities, as well as in areas subject to flooding or tidal inundation un- water supply facilities,should be provided in accor- less complete floodproofing measures have been dance with appropriate state and local health regu- provided,and then only when the location of such lations. Storm drainage facilities should be sepa- structures will not aggravate flooding possibilities rate,not combined with sewage disposal systems. of nearby properties. (g) Adequate water supplies should be avail- (j) The standard setback for residential able so the ground water quantity and quality will structures, including common appurtenant struc- not be endangered by overpumping. tures such as garages and workshops, shall be 30 (h) Residential development in geologically feet or one foot for each foot of bank height,which- hazardous areas or in areas subject to flooding ever is greater.This setback shall be measured from should be discouraged. the bank's edge when the bank's height exceeds 10 (i) Residential development in shoreline feet.When the bank's height is less than 10 feet,the areas should be designed to preserve natural drain- setback shall be measured from the ordinary high age courses, aquifer recharge areas, and similar water mark.The setback shall not exceed 100 feet. ecologically sensitive areas. (See Administrative Interpretation,attached to the (j) Subdivisions should maintain usable ordinance codified in this chapter,pages 105-106.) waterfront areas for the common use of all property Exceptions from this standard include the owners within the development. following: (k) Residential structures should be de- (i) Where there are existing dwellings signed and located to not significantly block the within 300 feet on either side of the proposed build- views of adjacent residences or properties. ing site,the setback shall be the average setback of (1) Sewage disposal drainfields should not those dwellings or as prescribed above,whichever be located where subject to flooding. is less(see Figure 4).In those instances where a sin- (4) Performance Standards. gle dwelling unit is within 300 feet of one side of (a) Subdivisions of land shall comply with the proposed building site,the setback shall be the local plans,codes,and ordinances and be designed difference (average)between the required setback to exemplify the definition and policy of the appli- and that of the existing structure(see Figure 5).In cable shoreline designation as well as the environ- both cases,the existing dwellings are construed to mental and physical capabilities of the subject site. be those that are currently occupied.The mere pres- (b) Appurtenant structures such as decks, ence of shacks,sheds or dilapidated buildings does sheds, and stairways shall be located behind the not constitute the existence of a dwelling unit. ordinary high water mark as far as practical and (ii) Where a residential setback was es- shall meet applicable setbacks. tablished as part of the approval of a residential sub- (c) Public access to publicly owned shore- division,the established subdivision setback shall lines shall be maintained. take precedence. (d) Development shall assure that surface All setbacks shall be measured from the water runoff does not pollute adjacent waters or waterward most edge of the structure, excluding cause soil or beach erosion, either during or after decks, eaves, etc. Deviations from this standard the construction phase. shall be reviewed on an individual basis.A request (e) Developments containing marshes, for a deviation shall be considered an administra- swamps,lagoons,portions of a floodplain,or sim- five variance following the procedures established ilar wetlands shall use those areas only for the pur- under JCC 18.25.620 and will be subject to the van- pose of parks,open space,or recreational facilities. ance review criteria established under JCC (f) Developments shall be designed to in- 18.25.590. Unless appealed, a setback deviation dude measures to prevent overflow usage of corn- rendered by the county or city shall be considered mon areas upon adjacent privately owned shore- final. lands and uplands. (k) Alteration of topography for building (g) Amenities provided by development sites,access roads, and utilities shall be conducted shall not be detrimental to the geohydraulic pro- in compliance with the applicable policies and per- cesses occurring within the shoreline corridor. formance standards of this master program. (Revised 10/01) 18-152 Jefferson County Code 18.25.43 , (1) Sewage disposal systems shall tarot °be— - '-_'- t-All feasible means shall be employ to located within the floodplain of marine and fresh sure that data,structures,and sites having stor- water bodies unless in compliance with the Jeffer- is. , scientific, educational, or archaeologi sig- son County floodplain management ordinance. •• ance are extracted, preserved, or �au,, d in a (m) Residential structures shall not exceed m. er commensurate with their import? ce. 35 feet in height. [Ord. 11-00§5(5.160)] (c) The establishment, restoration, or revi- tali 7ati In of historical, archaeological;scientific, 8.25.420 Scientific and educational fac'I ties. or educ tional facilities shall be done in such a (1) Definition.Those sites,structures, . facili- manner ,at would cause minimal disturbance to ti:, that provide unique insight into our .tural or adjacent • operties as well as natal features of cul, al heritage. the shorelin-. [Ord. 11-00§5(5.170)] ( Policies. t, a) Jefferson County and the ,-ty of.Port 18.25.430 S Ire defense worlfs. Townsend should consult with the Washington (1) Definiti• . Structures or modifications for State O' ce of Archaeology and His •ric Preserva- the purpose of -Larding shore erosion from wave lion and •rofessional consultants o review pro- or current action, protectingiehannels and harbors posed prof; t areas for potential v, uable data and from wave action, •ncoura ng deposition of beach to establish 'rocedures for salva_, g that data. materials, preven •v g stre bank overflow and (b) -re possible, sites hould be perma- retaining uplands. ,ey qtay consist of bulkheads, nently preserv, • for scientific s dy and public ob- seawalls,dikes,reve•',efits,breakwaters,jetties,or servation.In . ■■ known to co tain archaeological gabions.Defense wo , 1. e commonly constructed data, special con''tions shou i be attached to sub- from quarry rock(rip-v:,•),treated wood,concrete, stantial developm<nt perms to provide for site in- steel,and sand and gr -1. spections and an e aluatio of an archaeologist to (2) Prohibited Us-. .e d Activities. ensure that archae• ogic. data is properly sal- (a) Shore de t nse works on spits, hooks, vaged. bars,barrier beach- .,or s'is' ar accretion terminals (c) Developers s ould notify Jefferson or accretion shore 'orms. County or the city of ''rt Townsend, as the case (3) Policies. may be, if any possible .'chaeological data is un- (a) Bulkhe ds and eawalls should be covered during excava•o . in the shoreline area. located and cons cted in su• a manner that will (d) Jefferson Cunt and the city of Port not result in adv e effects on t earby beaches and Townsend should wor tow. • lending integrity to will minimize ..terations of the I atural shoreline. the Natural Historic eservaion Act of 1966 and (b) Sho,- defense works should be con- the Washington Stat Parks . d Recreation Corn- structed in such a way that woul• minimize dam- mission Act (Chap r 43.51 ' CW) and provide age to fish d shellfish habita . Open poling wherever possible f r the protec v'on,rehabilitation, construction s preferable in lieu of •e solid type. restoration, and construction •f districts, sites, (c) e effect of a proposed bulkhead on buildings, strut es, and objet►, significant in public a s to publicly owned short lines should American, Was gton State, or local history, be consid: ed. architecture,archaeology,or culture (d) Shore defense works should •- designed (e) Exca1ation of Indian . 1 cts shall be to bleu• with the surroundings and not • distract conducted in compliance with the ' ashington from aesthetic qualities of the shore •I es. State Archae6logical Sites and Res• -s Act e) The construction of bulkheads s ould be (Chapter 27.53 RCW). pe 1 tted only where they provide protectio, to up- (f) Excavation activities shall be • Iducted Ian. areas or facilities,not for the indirect p •ose in compliance with the applicable poli -s and of eating land by filling behind the b ead. standards Of this master program. di dfill operations should satisfy related pe or- (3) Performance Standards. it ance standards. (a) No development or substantial deve op- (f) Floating breakwaters are preferred ,• ment shall be undertaken with regard to a site or olid landfill types in order to maintain sand move structute that has probable historical,scientific, r ,` ment and fish habitats. archaeological significance until an evaluation o 2 (g) Solid breakwaters should be constructed the site or structure has been made by an authority I only where design modifications can eliminate judged competent in such matters by Jefferson \ potentially detrimental effects on the movement of County or the city of Port Townsend. sand and circulation of water. 18-153 (Revised 10/01) Iri ip S 0 .3 y`A' ,rid %. ,5:44,,,,-,',-,," ^. t-. k 4'f� x sf B• ,}° -,;, s �,:,=:'.- 41+y x - i�,& d + ,f . 2"x s „k:r> • : r " ti: Mss m 0 z F"^ s, '9 ,t, c m1 8, -,4,,::- .-.,..4,,,,,,4,,,,,,,,,,,,5,-..,. ..;' s� 4�" ka+Z>; ,'t y3,.f °-.1' �� s ; E �// ,y* - , ?n +w..- .e, , F Sr' `y4 7 ' fvc r s,,,,-3 A»4:,' i4 's,y'. e a �F'1',..,', A ' .& yN , , , f „,,,,v- 'N+ :. ^. ' ?l k l lt„ A 4 k f . it �� F zy s5'":! *s ar 't r 5' , ' , bX �.. �,txU� * , n�`�” his jar � r ;r:rs�S -�,� .Nf da 71',; '� t •• ��° i �' �� f': d ,� .� y�",,ss*-,-. 'P .+^s ,1 3°"' ��e4, >s s c k7 �40s� � ` '+}4'X ', '-,.r t',w �c . g ri' ., k -a a v- °__,e ✓,� �..7 �' r h I'�ja% '`S}x ,,r',444.- '4" n`.,yr'wsye Mf<,, h-k g• "At d "' 0 R' =1-A? sT,, 9C -..- s ,, ray X ,"� ry 1b4H k Kk✓ 5s s, , p. . Ap 1 f ■ Before you proceed with a project in or near the water, contact the Common Uses Requiring Department of Natural Resources. Authorizations from DNR We will help you determine if your • outfalls project will fall on state-owned • docks aquatic lands. If it does, we can help • piers you navigate the process. aquaculture For activities within • other activities located City of Port Townsend or on State-owned aquatic Jefferson County lands. please contact DNR at 360-732-0934 STATE-OWNED AQUATIC LANDS INCLUDE BEDLANDS OF PUGET SOUND,MANY TIDELANDS,AND THE BEDS AND SHORELANDS OF LAKES AND RIVERS. `IP WASHINGTON STATE DEPARTMENT OF www.d n r.wa. o / your Natural Resources v v V 1/ V V i 1 V V gIVJ VV ��'gON Cpd JEFFERSON COUNTY 'w` ' A DEPARTMENT OF COMMUNITY DEVELOPMENT j r PC 621 Sheridan Street• Port Townsend •Washington 98368 #` 360/379-4450 • 360/379-4451 Fax �q ' p'� www.co.jefferson.wa.us/commdevelopment Master Permit Application MLA: Project Description(include separate sheets as necessary): • Tax Parcel Number: Property Size: (acres/square feet) Site Address and/or Directions to Property: Property Owner(s)of Record: Telephone: Fax: email: Mailing Address: Applicant/Agent(if different from owner): Telephone: 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 Reasonable Economic Use) ❑Single Family ❑Garage Attached/Detached ❑ Conditional Use[C(a),C(d),or C]** ❑ 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** . ❑ ,iyn ❑ Planned Rural Residential Development(PRRD)/Amendments** ❑Allowed"Yes"Use Consistency Analysis ❑ Plat Vacation/Alteration** ❑Stormwater Management ❑ 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 *May require a Pre—Application Conference ❑Tree Vegetation Request **Requires a Pre-Application Conference Please identify any other local,state or federal permits required for this proposal, if known: DESIGNATION OF AGENT I hereby designate to act as my agent in matters relating to this application for permit(s). OWNER SIGNATURE Date: By signing this application form,the owner/agent attests that the information provided herein,and in any attachments,is true and correct to the best of his,her or its knowledge. 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 later inspections. Staffs access and right of entry will be assumed unless the applicant informs the County in writing at the time of the application that he or she wants prior notice. Signature: 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 in compliance with the Jefferson County development code.The Applicant acknowledges that he,she or it holds individual and non-transferable responsibility for adhering to and complying with the ESA. The Applicant has read this disclaimer and signs and dates it below. Signature: Date: G:\PermitCenter\###FORMS###\DRD FORMS\Current DRD Forms\Master Permit Application 5-29-08.doc 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 they will be assuming the responsibility of the General Contractor for the proposed project. Signature: Date: GENERAL CONTRACTOR OR MANUFACTURED HOME I STII'fitE r � .a PHONE: FAX: ( ) ( ) MAILING ADDRESS: EMAIL: J CONTRACTOR'S LICENSE �,,,,�,.WAINS NUMBER: _ — "-- NUMBER ARCHITECT/ENGINEER: ^~ PHONE ( ) FAX:( ) MAILING ADDRESS: EMAIL 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 ❑ Mason ry SEP Permit# E. Demolition ❑ Other: Bedrooms: Water Supply: Existing: Setback: ❑ Private well ❑ Two Pa Type of Heat: Proposed: Party Total: ❑ Public 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 I Above ground Tank Size of Propane Tank: I Heat Stove i Cook Stove I Woodstove I Fireplace Insert I Hot Water Tank I Pellet Stove I Other 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 Fqr Office Use Only Ampunt Revision Floor Heated EH BId App Review: 2—` 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: j G:\PemvtCenter\###FORMS###\DRD FORMS\Current DRD Forms\Master Perna Application 5-29-08.doc • i A€ CO F ONY = r I i j j 1 r h z e t i WASHINGTON STATE o1Engineeers�� t fK N . ' Seattle District r 4' �� r Joint Aquatic Resources Permit ' =4.,4 `` 11' Application (JARPA) Forml'2 ; 'w;eaif t� a ;� iru�3 y�� irr n� i i n,oi . it , tf }, t USE BLACK OR BLUE INK TO ENTER ANSWERS IN THE WHITE SPACES BELOW. 'oti.i7 w l K 1p tt l' tr �tdyl�iti t y �� 9t r t G4� — Part 1—Project Identification � 7 Y° , ip�f INOt 9 at t i tl � f0„- ty OS O r u 111111#t x I . R < z = „ t _ - i _ t z r _ ll A_ 1 1 W t u. Part 2—Applicant The person and/or organization responsible for the project. (help y �Hi - oioo y _ min = l r_ R, �. _ a F� qi ` t "I r.;j 1 : r X00 �t a�' gai �t "t '` t r 0 111 t1�4� r �t �� , �� tl ' �3 t t� awt7�� >.aalt5�9�,�#,� , tt` � fnL= �. ' ' 4b 11 % _ I iO - r t arLN 4. ti 'R iiiil trm q1,� ? {� , t0 t N tl� �; in�h o $tJ _i E t ka,�E� �I�Id�y11 R °'s Ett La^ _.. t:1evl dildli"�'il- a.t, i s{- `_ bV Q.5 = w .° _. r ti °f I`. _ _ - .e, _ r -s I `4 N x .y ;��, 1kN -; a ti n ttt��9t it `� _ (1 ! r, v .. tlli tt� 0 i i , t 4C!*tatk et ° _ 00 s' 1 eI i tl d - Uti -E m a lij A _ yes{ ton �, ` ; 1 tU tit iC ��I° � r�l�� i' a 4c„9-r , � ;_ i "X#.y �i �r r �! 1pq. dE', _I ti ,0,d�� '�'`a( �� t 'd t r 'a m 5 �� ?lI ��"'"Ft � t"^�"�` t "� wJ ka Ekt Its t�il p =s J#�iI ie i i I � � � ��; t �" _ It A t i t: ; _ #tea ,e, '.t > = ,. - .,1 1 ,, r 11G ije ho - I t4 u- :- ,Er„ _ l 1Additional 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/Missions/CivilWorks/Regulatory/PermitGuidebook/EndangeredSpecies.aspx. • 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://www.epermittino.wa.gov/site/alias resourcecenter/iarpa iarpa form/9984/iarpa form.aspx. For other help,contact the Governor's Office for Regulatory Innovation and Assistance at(800)917-0043 or help{a�ora.wa.gov. JARPA Revision 2012.2 Page 1 of 14 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.) [help 3a. Name (Last, First, Middle) 3b. Organization (If applicable) 3c. Mailing Address (Street or PO Box) 3d. City, State, Zip 3e. Phone(1) 3f. Phone(2) 3g. Fax 3h. E-mail F.' 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. [help ❑ Same as applicant. (Skip to Part 5.) ❑ 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 2012.2 Page 2 of 14 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 addition al project X1l o",N4r cation.d Y F _ - l Ire 's = t Ir o 1,1iii lPut ill I U� 1 sFC , fl r, ,T.,a 1,'i ,. _11 -"'" . -,- ❑ Private a F ❑ Federal ..z _ ��F-.,:.r ,..__�. •❑ Publicly owned (state,county, city,special districts like schools, ports,etc.) -� _ ._.:- ❑ Tribal m l i r 3e: 3h J❑ Department of Natural Resources (DNR)—managed aquatic lands Co mp9 let e JurAR PA- Attahment E) aI� - - a .t eJ & Q r ,ar oni " l t o . r # a ' m pog.. " k ,_ ° k _ ---- e R r r � � m c a m �..lad ,�„° t ,. : �r i - r %,. t`” ° r,"= �, ,5 �4�9��f'Io �llli�� 1 4 4 "'7 1 �) E : t a N��IIa9rI�l7�� # a x II r • a �E w ,�^ r;� v ., r�Ir Poi: C s ��r `a r #r _ A Pe h A lr' " 7 d ;� i,` �1 ,, r.`r � , a� r� + lmi q„.,..i �t, ,, . Yi` ' r — k J �:a+s r u w 0� r _ iopoi U ( E l t r Ei m ny c I ., q .' 2 . li', C � I U)`t e � I '-i , , a+ . ,mgy, � l^. re , r t i' _ .a ! S . V r� .' I , y °� u° `. o e 4 "a�,.d ._„„,,,, 4 r ' - G I r # s' ..a .:I� r, i ( . FN 7 } q ti 1 = r } o- - i z , ' ..f S 0 a lyiilp .„ i. n N , + , t t.M�� IN fl fi PS W n- , i _ , i, u_ ' i � a I.t � E � l ' - a1" ,t r i t K rl 4,' aa r 1 6 sh{ H i ; 3 r, ,p ,o i( „ Iv r � > • € y t nr . ,4_—° r . ° f , 1 '� w U, I;e�,,m 6 m _ 'ril�'I'p) � •° 7H Icy ��11`Rd" - '�3- 1:141111011111111r110010110001104„r r • 'il Rr� '�q ♦ $ fife 9 ly r Aft I ly!' R j rt X10 , �' i tik.h e^rrtf �r" 4 U st ',94 ,110 7 10,;,,, �,�, i .i obkkri r to-' ffpp 1 ''' ti tl L 1^yi' ��y v.r (� r �y r 1{�G 91n t � f N Y _ G�., Y ( � $ d a9r^ �4 A n rR r' �'�' `t 5'�r� J, I��tI•4 , ` � .,a., t rr �,,_ ., abm_. �t��l t �R.rr !y� }} r,' i '' s��t, t'I ,"r ( I R Y y i' R r a tl rr� 1 t� r -7 R:Y1di }(* ' ('? 1. r ��'. <<'y �tm b i! � ,€°A 1 # � i. % i° r i , $0 yr ; � ,R' jbl l,tl ) T' ;ri tr .'`� � la r d .. •,u 1e 0, 'As 1`. -�l$ .® + #s`„'i„®,,ius�, �ra'4r z”°a�lr �. }�""_.,aw t�l akl rl °� _ Jl� .. w r w • r I ...®.fi -A ` c k n± r + Q ,# i i '� i M r - d l '2 i U I_ R ; .,yN.(R k! G ,i �� a i A I.iinlN 1 o- G, sti�(w Fal i l' '1) .. 1 . kR . .n � „ x1 JARPA Revision 2012.2 Page 3 of 14 1 l ist al Y et ci S'4 �,%�i� cifi Kr , p6, i 9 Ck f Y L u �� - A Ch(I7 t w t 14n :.:; ) fl F adta , n t ie p ; IQcatrp w f ,�,I F n M1' ii i�r y w a`F' �, i4z �Ii ii . �-.. Aix Ii 'o i. �' �!C_�j� �,` ' % a JII :1 ' 1�[ '- ( ' 1 �,, k ( .* (. l' i 6 ianyI '11101f, et r!twwo within a 10 - ro lti�t .s }at ❑ Yes ❑ No ❑ Don't know J� ley . `s r, «0.,tl a ,tatrot and 1*r �r t con s r the property a moo �( ° IIi e ., r. IAS b,. ,CIS tee.: Wmm-R ottt,, ey-, ,aP =q4 a :.' n o `r-.at d �'�' a II;a� ( _ �, }�. 5i t1 "gyp IC i itf.7w!' e _ �( ` �I ) - 4 g C �( �f ""nim 5mk = :fir h. pry# r 1 cVrr ntl s+.` k ' iii NIAN.f`[ a�`�"'_.A. . ... i t = h r u,a d t a - r ti 1 "o ,i appagaimmoolio C b = 1 5f1ii �� so�be h o Ii h'pr o r l u n I ; Sed 1 • „fi t 3 x = iI k C � i g i , .: 4 � r. . mx is , ,. Si - `_ xF ix i i ribe the :„' ut I be1 grout)o t e pry „in ud r their u� yand�i rre t �7l „ 5p� rovrde r i k der ctrons t om the ojose t1l:11 htwa tl e p o ect;l�c on, and an ttach a'map l® ,; JARPA Revision 2012.2 Page 4 of 14 w Part 6—Project Description a� Ih, ,. s rr ,�� i -�„`wC� � Jai•I � "_� � �t y...� � - � „.. �� ■ �..- L " y� �,�..a-- n`t � .,r - k ;-:.#- �I -a r w 1 cal n a rl,� z�e ,_�'' L ak i'� � i4=k krl'Yi a I;."- .. ➢� ❑ Commercial ❑ Residential ❑ Institutional ❑Transportation p ❑ Recreational ❑ Maintenance El Environmental Enhancement El Aquaculture ❑ Culvert ❑ Float ❑ Retaining Wall ❑ Bank Stabilization El Dam/Weir ❑ Floating Home (upland) ❑ Boat House ❑ Dike/ Levee/Jetty ❑ Geotechnical Survey ❑ Road ❑ Boat Launch El Ditch ❑ Land Clearing ❑ Scientific ❑ Measurement Device Boat Lift ❑ Dock/ Pier ❑ Marina /Moorage El Bridge ❑ Dredging ❑ Stairs 9 g ❑ Mining ❑ Bulkhead ❑ Fence ❑ Stormwater facility ❑ Outfall Structure ❑ Buoy ❑ Ferry Terminal ❑ Swimming Pool rY ❑ Piling/Dolphin ❑ Channel Modification El Fishway ❑ Raft ❑ Utility Line ❑ Other: JARPA Revision 2012.2 Pa e 5 of 14 9 -4 qP ;n r ;.1 �, ii° 777 _ „; CM:u� a I��.i W sa i W} 4 E C C e , W° W r W W r __ 9 '2 F r „7 , 'l _ l t im u; - �' u,' = ip ,� I t m �a p YA e 179 'tkr£' u G`T _ �, W B', . �� 0 � j`W i J W D ; _) t' iI' ,a i� - r r" - - r.n ty - - Ej Lei u' �I Ii j i ;' �* 11 ' �� h {thy��"x1�) .i. '. ik' 6 ' ` ;, ;— f€ wr 'k ", b a�i m7. 4^y�tt p0 P m p 'I- r -u k E t =:7.'�` —.iI "k c s. y ik y { !. dl 7 'Y`- ' y Ip; .i ' ( � `7- �Y iii I +„ - r'" "f•.l. !`^ .I" t.01 ,a r E" _ "Edl I: x «2 - r n IY II _ : Init , III ; �� a� � sg �.!� W ,�� ' �� tCT�W • ! ®�,� R }'�Sl `b� r a � ,7. u � s II„ I 57k Start date: End date: ❑ See JARPA Attachment D �j ' r ' '� , r n � , +�� ,_ 04‘4":4440411114,1444,111,01044.5:14,4441I44;niL4.414411444,44411,11444014146114441Z„Z-M4414$445a4Mitek„MER44014044MAR44M04"401,4444m41,444.4440441m44; ,1444 444R44,4444,44-44444444.r o- ,+i a r r! "0 w ,?=I -,uu lil z - P r 4 h'4 rV YM n` T i x. t iii'- a'1114 � }, � - �j �0� �I t O�{� i� � 41�'�n $w4. � � � —SS Y41 ag� �Imo- E7^�� +Y-� �,+-- '�� LI � 7 * ❑ Yes ❑ No ❑ Don't know Part 7-Wetlands: Impacts and Mitigation ❑ Check here if there are wetlands or wetland buffers on or adjacent to the project area. (If there are none, skip to Part 8.)[heiDi - P yI I I I..ii s a m pi f 1 I;11" � n�� a I — � _ ❑ Not applicable Th I prof t iImpa t etlar d he nti ❑ Yes El No ❑ Don't know JARPA Revision 2012.2 Page 6 of 14 A °€ a I� '%,..+ 9 y o - I' i",a`i` T; a t. �iR,�,4� -+z =-- 1:i L ;,` � n` ': !- r > ,, -J,�. I Sy s'a - r _ d.',rte,, r_'t ,irZ,a „" d. - -ti2�"- €a'`�di �'d�.` 3 �k e'r�,�£�... !4� ,_ .k �„" r ❑Yes ❑ No ❑ Don't know --- -. - _� •y n t ^a rI t,oii @ @j"" °�, � .., ,. G a 3 , '* r - n i`- €- _ ' .! i ^' fir=' it ' a ,, t .. 11 ,f' I ER �, 11` {7� `1 !. , -r # ° r i , •h ♦ a }° fi,Y "� <I ' - �' 'a try sS� ' -aJ- �r w .. :.,�4 41 �a.n J B In g , . „ a s e s IW t , i4" , SMO, - J. ❑ Yes ❑ No LLy x t Y _ fi k- - �',.. V ,L ' . @ } i6 8' p R °4 } I n'."l '-, ':.:2171 d,a � � @ J,�, ��,� `� �'- I � d r;, n"a I,a �, � I . +F=, 4 6". d y a ^I.i #: d_ _ ,I,. >);l1—g'a'IIII v,Nj DIY`—} �ti i� e j,„ n T i .e rrva i 4 a tr ,F:R '.�' is 1 _ ,'il'r"'�, 14t:'20416 + F a^i pg Y Y er lA i V — I,g i '1 1 5 j ' , g ;.1 ,€ € fOgf"',"'- �i . ., set°„ to - j„ n '" n amt: ' nt-�, a . .A ., � . 9. ' ,..�_ _i�� ' '... , ❑ Yes ❑ No ❑ Don't know Y��,y ' d '--�2 �Z- , 3 G" � { 1 'N Y • , (^ , d 1 Yom. � d !�_ i' I '{ , _ r-°,r o-3 G,��_ a ' ,, n € ...z ' v- a 3 s es ad - •; f -d ��,. ��_ ,E �� J 1�,�aa � � r, a Z sr c � r -�4 r gw4c r -i t a iitz ,, a !t q"� �.-_ J3 €r r,I s . ,- i,s,t "a a : !":di iffi : t 4: e. f ac t oh �' iii ,s ❑ Yes ❑ No ❑ Not applicable ar , a € �„I F N t ( ' - " !, a'��9 'r�, ..,,� ii A " v i -' @ D P , 1 :V;:„ fir ' y, .' ,v t 'F a '-M6"8!4::,..=,'@ 42 s 9 7 x. -, li- j ' Y , j'�.� �, `rW�# ,x "pa eP @r" ,.x tai' ., *-{ @°' @ wF a€ -, (r k s , Arun a rya* a. �= , , ;,1 ;, rt r' k, s a '. , @ 1, @I_t @ @•4 ,@ @7$@M fl =d @ 1 � @Y t p, y,A '4@ g m avol sue. ,ibr- u,.s nc- •e. u ,.. ,,. . . _ - -- 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) 1 If 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. eIndicate the days,months or years the wetland will be measurably impacted by the activity.Enter"permanent"if applicable. Creation(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: JARPA Revision 2012.2 Page 7 of 14 rtr e e r #`7h.de ib th ource rnd nature th DIf rite he our t In ibi t r' �i, rah rt 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. ❑ Check here if there are waterbodies on or adjacent to the project area. (If there are none, skip to Part 9.) 42.,)-14:; rq; ii*41.1)Z2, ❑ Not applicable : `* 'Mu you rprd�ec fr' p a at rbody car the rea,ara�urid a waterbody?' .. ❑ Yes ❑ No JARPA Revision 2012.2 Page 8 of 14 �k ,d- �'�`"' &" ,s`- -:,sY fit-ss �.. ;' trC' K 4 i ... f f fY, �d 14":•v!.;,3 tf f r r "o, ,' - m -s: ,.. � � $-f :Rt t�•, iF s f af�i � rlr '` �x":. - • os fi" ", 4 1 i, ! of i f TV p}mk fa{ "t �gF, a� ' na a TA P Imo ' ,�; `�F s 7 d " r ai 'rd l` � _ _' +`- t " s -. 34• r ''.' :1,e 1 , !,.� h 1.',, -fir -e,4 a� '� ' e I Iv r.!' s E ia I(" t b;at?' d- .�. IFrt'4 0, ll"'r k:., P x ,i-di i''.. I E t `s�; t; l I a fi `� a - SL w,e ♦ q"$,�" a a-- ( �„ ' r ," .('-1 '`n- �"- '�' ti' 1 rI a „,,,,T : W 5 4 �" a`, dp F 0 Yt® aaP° pae, � ,4 1 H-k. `-i}�ffi •e •... ,`S. �'�� `# I.b ",i I � '�''' {.�;..�4a-..aK� ! :.Fr ,...F�'i rr`� I. I `� �y �fi-. N N. �-�ti a� ��`�' r "_;.'"' ❑ Yes ❑ No ❑ Not applicable •* ® a u' l°n ' • =a� II ; 'o r � w a3" €„ y J {l' e n i f : i 4 G- � I 6"g 4 Ir - n I rf ,� t ' ' �� ' 7 .- r'4 ` x n '- ,l"` . a a , r=n'a : ai- A¢ aCf "' tf" A -0 ' cs e E � c 5 t `� F� ' 6 w- �1a 5 Ik a " r 4 4n a_ a r � ' � a y" n @ F rr_ a y ; n 6 �' { fNIM t ' . 9 11. C��i r egfeas ce 4 0 I , 4 x ' ' ,a ,4 . y` sk yi�r ; ' G - +s e, :a , loc a � _�'Wis :: o, 1y a h x� �r_ „ , x _, .- `"i r '��'"' �`-� t s� '- r=v "Ir ' d•;�� r,,,,,or Via- - - (�}� rF 14P 1', rN',y k �-r t �Mi 1 {i® fr € sm ft • f a f � O FF �I f f ILL. _ ,' F ; , r fir;. ` 4 r� , ; r „:_ �' '1: 3Tt r� , ; � � o• Activity (clear, Waterbody Impact Duration Amount of material 4. rea (sq. ft or�� dredge, fill, pile name' location of impact. (cubic yards)to be linear ft.) of drive, etc.) placed in or waterbody removed from directly affected waterbody '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 fld plain. 3ind{cate the days months or years the wated wi msuray impacted by the work. Enter 'permanent if applicable. �, x� r- 'I..I,,.'a+ '"ate- rte -'il y r ,. t �- s I „,fi r fr kl T"'. ; I=' a I I 14:f �ll k +S as d �.e•i 1 � T f l' 10� "� r �r: ,m `- i,�- 'x-'. a,�°F roa a --n -dam-• t”`J-''.`5'r- ••,,„ ,h an.`, ,d 4-;rn a w. . ,!. .. , # A,`” x� --� ftffi y s,F ,r - o- -#,+'a '-' 'A ° ' - �' =fi,*1 ' M A ',9`�f b t� ,� a .ls`v, ;� �..x" l� ��A� t e�� I L i JARPA Revision 2012.2 Page 9 of 14 stri b , he�fi1 a fifb r term �r � no ` �t �oi nits , rrd ea�thelatel I bed 1 ,i . 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. p 1 0 * * I(.a R " o , i hone fro ib r rz �" " . � ® a .. -t mga i ' � I ` t � _ k`= ( ) ( ) ( ) „. �t'mI, I'3 a N � 1,1:111 1,1,:liikZ": 4 * 1 ' -- i 10 r a ,anK f JWM �t f e e• k, s p e t � ' r uaI�t rA ^ e c'1 Y s d 1 = r klt p ,, , t- "` , - 4 tip at t �� k _ .'} 'b .;I i �. .: 8rif 8 sib�i#'t91»6 � � ! 1 ,1' ,"`! +sA,4� -} ,., `,al a '- �_ ..,,.z l ar'.x A ❑ Yes ❑ No �t t # of �� 11 ey*dro caf�Unrt Cade H� ) is the project in? r fi * t fat7 �y� ap #avfdidb Fop idtth H,E1 .' `':. .W at.1 r to o rc I re s y Ar a rrr b r(W I ) ; tf e4pro ct;in7;, ,� t t frnnis�e d rv`se r" � ,f tm tt firm the VURiA#. Page 10 of 14 JARPA Revision 2012.2 � I � ss' � �(.li� _,� !r q' A' }" , 0214401 ' W( 51ri � b ( 4kl'F ,Y ptirflt.. t k,{', T`" - . Jd „�. , , s4 -' ' i. "m, , -° i �,N(r. rr`' , t (f,( . , =P'-,t 1 "44 - eYt (t Ilt�+ttlJ VX h *1i re9 �' , ` is �.�', 6 ." -i a` t r. -krk�gg�� 5= �€y"^ fi .' "i ❑Yes ❑ No ❑ Not applicable r 33 r � k x (( f r w P' to ,T ' -? - i k"J J T t t O n ,d ' r 0` . ° t � #0 O IO-4 t , A a 4 � V = 0 '4 `�AR t •j az s * � WI O` �= � f4g I *- ' r �� !*! 0' � 'i �tal'❑ Rural Urban Natural El Aquatic ❑ Conservancy ❑ Other ,x11:4 '° . '" ? -" " " L " "lit t a: J f Z 4 g fi lfl R Y" k. .y 11 t �L I l -V $ ,99 W y 4fY 3°._ �^-„g,. ( ".t ,y. r;� y ❑ Shoreline ❑ Fish ❑ Non-Fish Perennial ❑ Non-Fish Seasonal J �r � 1��r a� . .. 1�#- � W' � � w..j .Y r� �" 'x �.,+� �� . B y :1��V 7. yy� "?i , tl�' - ;� 4"r(�.ti {,.V. * { xtl 1 4 :v ��.14,.V 1 - �`� -{x'.,. ,r-,�tl" ,T�e�- g �` ' I� ,_ � A 4' � j g�� €� �'$� `� £r- "�, 4.i b'N,�:t+�'. i u ❑ Yes ❑ No Name of manual: 1' k '44,06,;11* i. t. "F-4 'Y }, b_ k 14 4 *k� a' l '9 4 -P A Y P 4 �. L., te,'1j '"'�fi* ` k '` MO �i, ,.ii, 54 m ;�3 oovt'ar& � 3 k Ci" "r`� T 4 - i'a ztf ❑ Yes ❑ No "" �9> m' t r = _ '1 'dam* " I ,i 4 4 , 999 9 ( of e t c ' Vii) i t b e p w d,ph "�, `'-. t•k '�"7c !ir- �[ o a E 't fi- *,k - "1" °E- y.i'ii-'' -k k�'.n ,.� v } , 4f�t�_,� �.} t, ❑ Yes ❑ No JARPA Revision 2012.2 Page 11 of 14 t . T e ade� p,p- gere SAct that cur ith v c area or`� rg i x e a ` _ the pro s work ( e pl . . � t a ®� �,� t�� , � ,�, � � �� € -'"�= � � 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.cov/opas/. • Governor's Office for Regulatory Innovation and 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. O. 0 to eta on me toy, ct :( e c all that ap OV PrO s/Sea/Set Ff M1is'3eY w.F tml. �,� � r �. ❑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.' ❑ This project is exempt (choose type of exemption below). ❑ Categorical Exemption. Under what section of the SEPA administrative code (WAC) is it exempt? ❑ Other: ❑ SEPA is pre-empted by federal law. Page 12 of 14 JARPA Revision 2012.2 rat d # x - , , Local Government Shoreline permits: ❑ Substantial Development ❑ Conditional Use ❑Variance ❑ Shoreline Exemption Type (explain): Other City/County permits: ❑ Floodplain Development Permit ❑ Critical Areas Ordinance air . % a .,' Washington Department of Fish and Wildlife: ❑ 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# ❑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.) ❑ Project is a modification of an existing HPA originally applied for, prior to July 10, 2012. HPA# 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: ❑ Section 401 Water Quality Certification u10t1 a e j s a ,=; l''' - [ "..p , :1' r 'i'`"i- 1 14 — United States Department of the Army permits (U.S. Army Corps of Engineers): ❑ Section 404 (discharges into waters of the U.S.) ❑ Section 10 (work in navigable waters) United States Coast Guard permits: ❑ Private Aids to Navigation (for non-bridge projects) JARPA Revision 2012.2 Page 13 of 14 Part 11—Authorizing Signatures Signatures are required before submitting the JARPA package. The JARPA package includes the JARPA form, project plans, photos, etc. rhelpi 4g. 11a.Applicant Signature (required) Ihelpi 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) 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. Authorized Agent Printed Name Authorized Agent Signature Date 11 C. Property Owner Signature (if not applicant) Ihelpl 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 for Regulatory Innovation and Assistance(ORIA)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. ORIA publication number: ENV-019-09 rev.08/2013 Page 14 of 14 JARPA Revision 2012.2 .Y : WAC 197-11-960 Environmental checklist. ENVIRONMENTAL CHECKLIST " Purpose of checklist The State Environmental Policy Act (SEPA), chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal,if it can be done)and to help the agency decide whether an EIS is required. Instructions for applicants: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly,with the most precise information known,or give the best description you can. You must answer each question accurately and carefully,to the best of your knowledge. In most cases,you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply." Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations,such as zoning, shoreline,and landmark designations. Answer these questions if you can. If you have problems,the governmental agencies can assist you. The checklist questions apply to all parts of your proposal,even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Use of checklist for nonproject proposals: Complete this checklist for nonproject proposals,even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS(part D). For nonproject actions,the references in the checklist to the words"project," "applicant," and "property or site" should be read as"proposal," "proposer,"and"affected geographic area,"respectively. A. BACKGROUND 1. Name of proposed project,if applicable: 2. Name of applicant: 3. Address and phone number of applicant and contact person: 4. Date checklist prepared: 5. Agency requesting checklist: 6. Proposed timing or schedule(including phasing,if applicable): 7. Do you have any plans for future additions, expansion. or further activity related to or connected with this proposal? If yes, explain. 8. List any environmental information you know about that has been prepared,or will be prepared,directly related to this proposal. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes,explain. 10. List any government approvals or permits that will be needed for your proposal,if known. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address,if any,and section,township,and range,if known. If a proposal would occur over a range of area,provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site(circle one): Flat.rolling,hilly,steep slopes,mountainous, other b. What is the steepest slope on the site(approximate percent slope)? 2 TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY C. What general types of soils are found on the site(for example,clay,sand,gravel,peat, muck)? If you know the classification of agricultural soils,specify them and note any prime farmland. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. e. Describe the purpose,type,and approximate quantities of any filling or grading proposed. Indicate source of fill. f. Could erosion occur as a result of clearing,construction,or use? If so,generally describe. g.About what percent of the site will be covered with impervious surfaces after project construction(for example,asphalt or buildings)? h. Proposed measures to reduce or control erosion,or other impacts to the earth,if any: a.Air a. What types of emissions to the air would result from the proposal(i.e.,dust,automobile, odors,industrial wood smoke)during construction and when the project is completed? If any,generally describe and give approximate quantities if known. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. c. Proposed measures to reduce or control emissions or other impacts to air,if any: 3 TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY 5. How would the proposal be likely to affect land and shoreline use,including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Proposed measures to avoid or reduce shoreline and land use impacts are: 6. How would the proposal be likely to increase demands on transportation or public LL services and utilities? s m I Proposed measures to reduce or respond to such demand(s)are: 7. Identify,if possible,whether the proposal may conflict with local,state,or federal laws or requirements for the protection of the environment. 12 tero:. JEFFERSON COUNTY ` DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street • Port Townsend •Washington 98368 a ' 360/379-4450 — 360/379-4451 Fax CRITICAL AREAS STEWARDSHIP PLAN (CASP)AGREEMENT FOR STAIRS TO SHORELINE Applicant Representative Parcel Number(s) Date MLA CSP Prepared by To use this form,the following CASP requirements must be met: • The proposed stairs shall be constructed for residential use only; and • The property is%acre or larger; and • This Agreement demonstrates that equal or greater protection of the critical areas has been provided, relative to that provided by the prescriptive buffer widths. This form cannot be used if any of the following are met: • The bottom of the steps will be placed in a Category I wetland; or • Fill will be placed in a Fish and Wildlife Habitat Conservation Area (FWHCA) or a wetland; or • Grading will be required within a FWHCA or wetland; or • A county, state, or federal agency or a Tribal entity determines that the functions and values of the FWHCA or wetland will be comprised as a result of implementing this Agreement. Type of Development Size of Property Critical Area: ❑ Wetland ❑ Wildlife Habitat Conservation Area Is Wetland a Category I Wetland? ❑Yes ❑ No ❑ N/A Wetland or Fish and Wildlife Habitat Conservation Area Fill Involved? ❑Yes ❑ No The following shall be submitted by the applicant to implement this Agreement: • Site Map (showing location of the proposed activities, existing vegetation in critical area and buffer, structures to be placed in a critical area and/or buffer;final grading contours; surface water locations) • Site Plan (showing entire parcel,development proposal, and all critical areas) • Wetland Delineation Report(if applicable, including category and prescriptive buffer width) • Performance Bond Worksheet g:\permitcenter\###forms###\drd forms\casp shoreline stairs form_final.doc REV. 7/25/2008 Page 1 4 The following is used to briefly describe the existing(pre-construction)environmental conditions and summarize the potential impacts to FWHCAs,wetlands,and/or buffers. Fill in all blanks; if any question is not applicable,write'N/A'in the space provided. For each of the following,describe: Existing vegetation on the property along the tip of the slope Existing vegetation along the slopes Existing vegetation in shoreline Existing vegetation on the property Location and type of non-native and/or invasive species present Amount and type of vegetation to be removed Any other surface water on the property or within 300 feet of the property Any mapped PHS, Heritage Points, Habitats of Local Importance, or Rare Plants/Communities Any Listed Species observed on-site Potential impacts to wildlife due to construction and operation of the stairs Existing buffer conditions Any other critical area on the property or project vicinity Any existing human disturbances Assessment of Functions and Values Assessment of Impacts to Functions and Values(including square footage of impacts) Adjacent watershed, including hydrologic conditions ***Attach Photographs Showing Stair Location, Buffers, and Property*** As part of this Agreement,the applicant shall agree to the checked mitigation measures below: Applicant MLA g:\permitcenter\###forms###\drd forms\casp shoreline stairs form_final.doc REV. 7/25/2008 Page 2 Goal of the CASP mitigation Objectives of the CASP mitigation If vegetation is to be planted, all of the following shall be included in the CASP: Number and species of native plants to be installed (by both scientific and common names): Native trees shall be planted at 10-foot on-center and native shrubs shall be planted at 6-foot on- center, as shown on attached site plan. Herbaceous vegetation will be installed as per attached site plan. Mulch shall be placed around the installed plants for depth of 3 inches,with mulch being placed no closer than 2 inches from the stem or base of the plant. Installed plants shall be watered for the first two summers after planting. Plant survival rates are as follows: 100%for Year 1;90%for Year 2;and 80%for Years 3 through 5. Replanting will be required for any plants that fall below the above survival thresholds. Non-native species will be manually removed from the areas shown on the attached site plan, and the percent cover of non-natives will be maintained at less than 15%throughout the 5-year monitoring period. If CASP involves adding habitat features(other than vegetation),the following shall be included: Number and type of features to add,as shown on attached site plan Habitat features must be present during Monitoring Years 1 through 5. Any habitat features that cannot be found during monitoring shall be replaced. All creosote logs shall be removed from the beach prior to issuing a shoreline permit. All man-made garbage and/or other deleterious objects shall be removed from beach prior to issuing the shoreline permit,and shall be maintained by the landowner during the 5-year monitoring period. An as-built will be submitted to Jefferson County Development Review Division within 30 days of plant installation. Applicant MLA g:\permitcenter\###forms###\drd forms\casp shoreline stairs form_final.doc REV. 7/25/2008 Page 3 4 Monitoring will be conducted during the summer for Monitoring Years 1,2, 3,and 5. Summer monitoring may be required if plants fall below the survival thresholds listed above or if other mitigation measures are not present. Monitoring reports shall be submitted to Jefferson County Development Division by October 31 in Monitoring Years 1, 2, 3, and 5. A monitoring report may be required by Jefferson County in Year 4 if monitoring in Years 1 through 3 indicates that any of the CASP mitigation measures are not being met. Photographs from established photo points shall be included in annual monitoring report. A performance bond in the amount of$ shall be submitted to Jefferson County Department of Community Development prior to issuance of shoreline permit. If other mitigation is proposed, describe in detail: ***Attach site plan showing location of mitigation*** Agreement/Standard Disclosure In signing this Agreement,the applicant understands and agrees to all of the conditions listed above. Further,the applicant agrees to save, indemnify and hold harmless Jefferson County, including staff, against all liabilities,judgments, court costs, reasonable attorney's fees and expenses that may in any way accrue against Jefferson County as a result of or in consequence of the granting of this Critical Areas Stewardship Plan Agreement. The applicant further agrees to provide access and right-of-entry to Jefferson County and its employees, representatives,or agents for the sole purpose of conducting site visits during regular business hours to review the application and to monitor the mitigation effort. Staff access and right-of-entry will be assumed unless the applicant informs the County in writing at the time of the application that(s)he wants prior notice. Signature Date Applicant MLA g:\permitcenter\###forms###\drd forms\casp shoreline stairs form_final.doc Rev. 7/25/2008 Page 4 le IIII �o� JEFFERSON COUNTY\., DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street• Port Townsend • Washington 98368 �'qS, N0( .0 3601379-4450 . 3601379-4451 Fax http://www.co.jefferson.wa.us/commdevelopment/ Stormwater Calculation Worksheet MLA# PROJECT/APPLICANT NAME: DETERMINING STORMWATER MANAGEMENT REQUIREMENTS: This stormwater calculation worksheet should be completed first to classify the proposal as"small,""medium,"or"large." The size determines whether a Stormwater Site Plan is required in conjunction with a stand-alone stormwater management permit application, building permit application, or other land use approval application that involves stormwater review. The basic information will also be helpful for completing a Stormwater Site Plan,if required. PARCEL SIZE(I.E.,SITE) Size of parcel acres An acre contains 43,560 square feet. Multiply the acreage by this figure. Size of parcel in square feet sq/ft Land-disturbing activity is any activity that results in movement of earth, or a change in the existing soil cover(both vegetative and non-vegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to clearing, grading, filling, excavation,and compaction associated with stabilization of structures and road construction. Native vegetation is vegetation comprised on plant species, other than noxious weeds, that are indigenous to the coastal region of the Pacific Northwest and which reasonably could have been expected to naturally occur on the site. Examples include species such as Douglas fir,western hemlock,western red cedar,alder, big-leaf maple,and vine maple;shrubs such as willow,elderberry,salmonberry, and salal; herbaceous plants such as sword fern,foam flower,and fireweed. LAND DISTURBING ACTIVITY,CONVERSION OF NATIVE VEGETATION,AND VOLUME OF CUT/FILL Calculate the total area to be cleared,graded,filled, Answer the following two questions related to excavated,and/or compacted for proposed development conversion of native vegetation: project. Include in this calculation the area to be cleared for: Does the project convert%acres or more of Construction site for structures sq/ft native vegetation to lawn or landscaped areas? Drainfield, septic tank,etc. sq/ft Circle: Yes No Well,utilities,etc. sq/ft Does the project convert 2'A acres or more of native vegetation to pasture? Driveway, parking, roads,etc. sq/ft Circle: Yes No Lawn, landscaping, etc. sq/ft Other compacted surface, etc. sq/ft Indicate Total Volumes of Proposed: Total Land Disturbance sq/ft Cut Fill _ (cu/yd) [over] 1 • Impervious surface is a hard surface that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled,macadam or other surfaces which similarly impede the natural infiltration of stormwater. STORMWATER CALULATIONS–IMPERVIOUS SURFACE NEW EXISTING Structures(all roof area) sq/ft Structures(all roof area) sq/ft Sidewalks sq/ft Sidewalks sq/ft Patios sq/ft Patios sq/ft Solid Decks sq/ft Solid Decks sq/ft (without infiltration below) (without infiltration below) Driveway,parking, roads,etc sq/ft Driveway, parking, roads,etc sq/ft Other sq/ft Other sq/ft Total New sq/ft Total Existing sq/ft TOTAL NEW+TOTAL EXISTING* sq/ft This amount will be used to check total lot coverage. The following questions will help determine whether the proposed project is considered development or redevelopment. DEVELOPMENT v.REDEVELOPMENT Divide the total existing impervious surface above by the size of the parcel and convert to a percentage: Does the site have 35%or more of existing impervious surface? Circle: Yes No FURTHER INSTRUCTIONS: If the answer is yes, the proposal is considered redevelopment and the attached Figure 2 should be used to determine the applicable Minimum Requirements. If the answer is no, the proposal is considered new development and the attached Figure 1 should be used. At this juncture, the applicant should refer to the applicable Flow Chart to determine the Minimum Requirements for stormwater management. DCD staff will help verify the classification of the project and the application requirements. For proponents of "small" projects who must comply only with Minimum Requirement #2—Construction Stormwater Pollution Prevention—an additional submittal is not required. The proponent is responsible for employing the 12 Elements to control erosion and prevent sediment and other pollutants from leaving the site during the construction phase of the project. Pick up the Construction Stormwater Pollution Prevention (SWPP) Best Management Practices (BMPs) Packet. Proponents of"medium" projects—those that must meet only Minimum Requirements #1 through #5—and for "large" projects—those that must meet all 10 Minimum Requirements—are required to submit a Stormwater Site Plan. DCD has prepared a submittal template of a Stormwater Site Plan, principally for rural residential projects. Complete the template in the Stormwater Site Plan Instructions and Submittal Template or prepare a Stormwater Site Plan using the step-by-step guidance in the Stormwater Management Manual. APPLICANT SIGNATURE By signing the Stormwater Calculation Worksheet, I as the applicant/owner attest that the information provided herein is true and correct to the best of my knowledge. I also certify that this application is being made with the full knowledge and consent of all owners of the affected property. (LANDOWNER OR AUTHORIZED REPRESENTATIVE SIGNATURE) (DATE) Q�:I�Is,.. !, „7.Q %1 e€ o ". As stormwater calc worksheet—REV 11/5/2008 7 UDC CONSISTENCY REVIEW Project Planner: Master#PRE13-00020 Review Type Project Description PRE13-00020 STAIRS TO BEACH Primary: ROBERT L GARTEN Site Address: 201 STARK RD PORT LUDLOW WA 98365-9513 WA, Project Location: Parcel number 821 334 076, Section 33,Township 28,Range 1E, located off Stark Road, Port Ludlow 98365 Parcel Number: 821334076 S-T-R: 33-28N-01 E Total Acreage Legal Description S33 T28 R1E 1.75CH TL TAXI Land Use: 9300 Flood District: Fire District: 3 Planning Area: 8 Flood Map(FIRM)Panel No: chool D 49 Zoning: re/2, COMP PLAN DESIGNATION: COMMUNITY PLAN: UGA: UGA Trans [ ] Plot plan states "property line" [ ] Assessor's Map (Property lines on submitted plot plan must match the property lines as identified on theAssessor's 1/4 map) [ ] Legal Access to Property Y- NO [ ] Parcel Tags or Scanned Documents YES NO [ ] ESA's: Special Reports Nearby YES NO [ ] Designated Ag YES N [ ] Shoreline Designation: NO '5lA r h 0,A& [ ] Shoreline Slope Stability: YES 1Y Stream Type:YES NO Fish& Wildlife: NO Ii to� 1'e Olt z !�� l,v'L, V1/\AIrlAn Q,,, iAJ c k Wetlands: .ai N Rare Plants ES Seismic: ►E NO Landslide: YES N Flood: YES NX Erosion: YES Aquifer Recharge Ar ea:0E NO S PI-(LP R fi S O 5C SIPZ: none At Risk High Risk !oas. CMZ: none High Risk Moderate RiskDisconnected CMZ Stormwater site plan submitted: YesNo Q [ ] Forest Lands: YES Adjoining Forest Lands: Commercial/ Rural/ Inholding [ ] Mineral Lands: YES N) [ ] Agricultural Lands: YES N9/ [ ] Archaeology: ' NO [ ] Stormwater: \ Impervious Surface Land Disturbing Activity ESA's Stormwater Req's:Min Req#2 Min Req#1 thru#5 Min Req#1 thru#10 Engineering [ ] Notice Provisions/Disclosure:Airport YES 1\1)Y MRL YES NOS Forest Lands YES N/ [ ] Landscaping Required: Yes IJJ,e' [ ] Parking Spaces Required NP'' 2 Other f 1 Building Height: TIN UBC Standard [ ] Impervious Surface coverage percentage: Resource Lands&Public: 10% Rural Residential: Rural Industrial: Per UDC Sec 6.7 Rural Commercial: 60% Area of Building Coverage:60%in Rural Industrial Lands only [ ] Total Building(s) Size: Ail( 0\ RVC:20,000 SF CC:5,000 SF NC:7,500 SF GC: 10,000 SF All others:subject to septic&water constraints/None specified [ ] Setbacks: Front: Left Side: Right Side: Rear: Shoreline Setback: LSHA Setback: [ ] Road Classification: p• `" ' Road Approach: EXISTING NOT REQ'D RAP [ ] SEPA Required: YES EXEMPT [ ] Flood Certificate: [ ] Existing Case(s)&Condition(s): Violations: Yes No [ ] Recorded Date of Subdivision: AFN Over 5yrs=UDC Plat Conditions: <5yrs=Plat Conditions on plat or Old Ordinance [ ] Lots/Require Declaration of Restrictive Covenant YES NO, submitted: YES NO [ ] UGA No Protest Agreement YES NO, submitted: YES NO [ ] Site Visit conducted YES NO [ ] Require Final Zoning Approval YES NO [ ] ADMIN: Setbacks entered in Permit Plan case N/A YES New Parcel Tags entered in Permit Plan N/A YES Special Reports Scanned N/A YES INo parcel tags found for parcel Associated CASES status issued finaled description 821334076 COM13-00149 ACT STAIRS BUILT TO BEACH WITHOUT PERMIT PRE13-00020 P STAIRS TO BEACH �f ]ate L1.-4-4 ,` t v' 1 ■, DEVELOPMENT REVIEW TIME SHEET ROBERT L GARTEN PRE13-00020 Date Time Comments 61. 111- I ?� ay. py# rtifi. 4-- re -.0 vi,o-us _ 13 t' ' \\tidemark\data\forms\R_MLT_Case_CRMLA.rpt August 19,2013 APN: NAME:) O V' &C4Vfr1'1 MLA# F1 E 13 - ✓ - 2 v Add.APN Add.APN NOT Pri ted Printed SPAAD Category Intake Req's ❑ County Zoning ❑ 10' Cases/Conditions by Parcel# ❑ M ^ Water Service Area ❑ B/ Plat Maps ❑ ❑ Laserfiche Documents ❑ ❑ t " `-"" — Road System *** Assessor Maps-H ❑^, Lots ❑/ -6d' Parcel Tags-H 'iJ ❑, Permits-H '❑ , � 2006-07 Shoreline Photos ❑ Left/Mid/Right Shoreline Arcs ❑ Shoreline Polygons A4/ ❑ DNR FP Stream Class "L�!/ ❑ DNR Stream ": ❑ DNR Water Bodies ❑ LFA-Fish ❑ Soils-H V ❑ Marbled Murrulets �/ ❑ Heritage Points iJ ❑ Type: Spotted Owls 14 ❑ Bald Eagle Nests&Buffers N ❑ Priority Habitats and Species 8/06 V ❑/ Type Wetlands U1 .B/ Rare Plants-Ecosystems ❑ Type: Seismic Hazard ❑J Landslide Hazard IV FEMA FIRMS Map Panel#: Erosion Hazard ❑ Critical Aquifer Recharge areas 01 Wells-Chloride IV ❑ Mineral Lands ' Shoreline Slope Stability ❑ 'El Chanel Migration ❑ Airport Overlays 14 ❑ No Shooting Zone it ❑ SIPZ '❑ ,� County Zoning-UGA ❑ LIDAR Hillshade M/ ❑ USGS Topos 'LEI ❑ 2011 Aerial Photos ❑ Assessor's Info ❑ ❑ MLA Number Form ❑ ❑ Pre Application File ❑ ❑ Reviewer Letter Sent ❑ ❑ Eagle❑ Wetland ❑ Eagle Plan Required ❑ ❑ 1 page ❑ Habitat Man Plan ❑ ESA Map Checklist 10-13-2008 Map Output Page 1 of 2 ArcIMS HTML Viewer Map Vdrk S!i•ia Rd ".I r..xu:dad trr-c`ent.ri parr.}Ca-rra Scry z GAS C====541: http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=4.... 8/27/2013 Map Output Page 2 of 2 Legend 13� Selected Features lr JC_Roads Parcels-H County Zoning t ` �,,y� „- MPR SF Tracts d 4.u+ vi iiiu.SV l♦ Rural Resstental 1:5 am Rural Residential 1:10 • R u ral R esident ial 1:20 nAl PR Smote carnal/ ■ MPR-Mundamity M PR Resort Complex Parks and Recreation ■ PR Open Space ■ Rural Forest • Commercial Forest Inhotdmg Forest ■ limavy industrial Airport LPF NIWI PR Village Center ■ AP1:20 ■ Rural Vdlago Center ■ Resource Based Ind. Light industrial M PR.Recreation Waste Montt LPF LOA u.c inCrossroads GC Crossroads CC ■ Crossroads NC ■ AL 1:20 UGA Urban Commercial UGA-Uroan Light Industrial UGA MOR UGA II DR UGA Punhc UGA-LOR UGA.Visaor Oriented Commercial MPR•ORN Onnnon CF-86'M R LO Commercial Forest 'Amoral Resource ONOrtay FOR INFORMATIONAL PURPOSES ONLY- Jefferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its correctness or validity. Data contained in this map is limited by the method and accuracy of its collection. Tue Aug 27 11:51:55 2013 http://gisserver/servlet/com.e sri.esrimap.Esrimap?ServiceName=ovmap&ClientV ersion=4.... 8/27/2013 CASES, FINDING, CONDITIONS, PERMISSIONS FOR Parcel 821334076 Printed: August 27, 2013 Cases Name Review Type Status Planner COM13-00149 GARTEN ACT Application Received: 7/25/2013 Permit Issued/Case closed: Case Finaled: STAIRS BUILT TO BEACH WI I HUUT PERMIT No findings, conditions, or permissions found. PRE13-00020 GARTEN P Application Received: 8/5/2013 Permit Issued/Case closed: Case Finaled: STAIRS TO BEACH No findings, conditions, or permissions found. rof \\tidemark\data\forms\R_MLT_Parcel_Cond.rpt 8/27/2013 Page 1 of 1 Map Output Page 1 of 1 ArcIMS HTML Viewer Map • t � r Bywater Bay 1/4\ t � 1 -n Legend Selected Features S'i'143 R_i JC_Roads Parcels-H Water Service Areas "currant I 1 Future r '� v' Maps onmrsded try JebsanCast{CerwratServc [4S rJI■1I■6211 FOR INFORMATIONAL PURPOSES ONLY- Jefferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its correctness or validity. Data contained in this map is limited by the method and accuracy of its collection. 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Assessor Maps-H Parcels-H 621331011 .� V1334076 IM1 41 FOR INFORMATIONAL PURPOSES ONLY- efferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its correctness or validity.Data contained in this map is limited by the ethod and accuracy of its collection.Mon Sep 16 09:01:04 2013 acii E w/1 http://gisserver/servlet/com.es i.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=4.... 9/16/2013 Map Output Page 1 of 1 ArcIMS HTML Viewer Map 1 ii 11-6 I I I I II lill . , ,, _ , ,, , .. . . y 821334024, 3.340_ 8213_' 4 Legend i,:' JC_Roads Shine Rd L Parcels-H Ell Permits-H tkz'534034 821334076: 82133401S A ti.tr ra:ekri✓:_e :a'Cu3•r.�Cr>s:iC'rCC:Gts 0 MINIMEMMINE.521t FOR INFORMATIONAL PURPOSES ONLY- Jefferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its correctness or validity. Data contained in this map is limited by the method and accuracy of its ollection. Tue Au. 27 11:57:48 2013 http://gisserver/servlet/com.e sri.esrimap.Esrimap?ServiceName=ovmap&ClientV ersion=4.... 8/27/2013 Mao Output Page 1 of 1 ArcIMS HTML Viewer Map m21334024 821134001 u21334015 Lege nd ---- --- - Jo_noaus _ - Shine Rd — -- parcel,* — -- — — --- ohvrexmeoemommon�rc oo1334014 821334076 Cob servancy'Su°^nun C=��"cy:Nat"ra' Urban /k/ Suburban !stand Natu ral /44, conservancy New ral:Subutton �� mm" x- vwo:.,=^m� u",�c""°Se,,""uo o•am FOR INFORMATIONAL PURPOSES ONLY- Jefferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its correctness or validity. Data contained in this map is limited by the method and accuracy of its collection. Tue Aug 27 11:58:22 2013 � � �_�� http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=4.... 8/27/2013 Map Output Page 1 of 1 ArcIMS HTML Viewer Map 521334024 �_. ( 821334015 Legend JC_RGads t`- Parcels-H r'g' Wetlands Laid I ■ tj it FOR INFORMATIONAL PURPOSES ONLY- Jefferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its correctness or validity. Data contained in this map is limited by the method and accuracy of its collection. Tue Aug 27 11:59:53 2013 http://gisserver/servlet/com.e sri.esrimap.Esrimap?ServiceName=ovmap&ClientV ersion==4.... 8/27/2013 Map Output Page 1 of 1 ArcIMS HTML Viewer Map 1. - A- 8 2 1 3 3 4 0 0 1 Legend .1C_Roads r Parcels-H Seismic Hazard 1_411 FOR INFORMATIONAL PURPOSES ONLY- Jefferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its correctness or validity. Data contained in this map is limited by the method and accuracy of its collection. Tue Aug 27 12:00:19 2013 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion-4.... 8/27/2013 Map Output Page 1 of 1 ArcIMS HTML Viewer Map s25314024 82!131001 82'33(Z Legend Selected Features 3nsu ltd .....,._...___...,. JC_Roads Parcels-H FEMA FIRMS A tlt131018 ® Ale 82t11.ffrV 82133/076 __ _ —...—.__ ■ Or! Y 7-g-r-pt FOR INFORMATIONAL PURPOSES ONLY- Jefferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its correctness or validity.Data contained in this map is limited by the method and accuracy of its collection.Mon Sep 16 09:05:07 2013 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=4.... 9/16/2013 Map Output Page 1 of 1 ArcIMS HTML Viewer Map ),i 81133402a13301 jeti(li; 4 Legend JC_Roads Parcels-H Critical Aquifer Recharge 82'2.24::.M 82133401 Areas DSIJSC=UNK ElSARPA•SiJSC ED susc im SARPA SARPA•u NK FOR INFORMATIONAL PURPOSES ONLY- Jefferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its correctness or validity. Data contained in this map is limited by the method and accuracy of its collection. Tue Aug 27 12:01:06 2013 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=4.... 8/27/2013 Map Output Page 1 of 1 ArcIMS HTML Viewer Map '33,1c24 82`3?y1_*_' f o Le ge nd JC_Roads S'I Parcels-H Shoreline Slope Stability sl. l7 Intermediate III Unstable ■ Unstable Recant Landatde E3Unstable Old Landstde Modified LUG mkt FOR INFORMATIONAL PURPOSES ONLY- Jefferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its correctness or validity. Data contained in this map is limited by the method and accuracy of its collection. Tue Aug 27 12:01:48 2013 http://gisserver/servlet/com.e sri.e srimap.Esrimap?ServiceName=ovmap&C lientV ersion==4.... 8/27/2013 Map Output Page 1 of 1 ArcIMS HTML Viewer Map j I ) 1 821334024 :.c'334C0' 82'3340' r^ 7 t1 Legend JC_Roads Sn,ne Rd Parcels-H SIPZ 82'334034 82 33.10 15 Al R rsk SIPZ ii'gh RrskSlPZ CoastaiSiPZ Olax.sen-dad v,•...ce•:uiCwri Cc•c+s ysvc :C.;s5 (} ■ 1 FOR INFORMATIONAL PURPOSES ONLY- Jefferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its correctness or validity. Data contained in this map is limited by the method and accuracy of its collection. Tue Aug 27 12:02:23 2013 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientV ersion=4.... 8/27/2013 Map Output Page 1 of 1 ArcIMS HTML Viewer Ma. , " lift �o e., +r Y R iiiii IxY`r ? s- ,� s Legend r Selected Features r L 2011 Aerial Photos max _was: LOt, j .101, .y J .cnrr-.ri Co.[r.!Cc c'cx FOR INFORMATIONAL PURPOSES ONLY- efferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its orrectness or validity. Data contained in this map is limited by the method and accuracy of its collection. Mon Sep 16 19:07:29 2013 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=4.... 9/16/2013 Washington Coastal Atlas Photo Display Page 1 of 1 Department of Ecolog Coastal Atlas . 6/23/2006 10:48 AM mat. 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A N:sa:r.�..k,. . .......... ....,.� .. aWitt FOR INFORMATIONAL PURPOSES ONLY- Jefferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its correctness or validity.Data contained in this map is limited by the method and accuracy of its collection.Mon Sep 16 09:13:21 2013 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientV ersion=4.... 9/16/2013 Map Output Page 1 of 2 ArcIMS HTML Viewer Map 1 ' V I L E 1 #- s a**4 4-4.x. �: 0 *,,,;; Max meted%.Mvvn Canj Ca.Eamon GIB .... http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientV ersion=4.... 9/16/2013 1 Map Output Page 2 of 2 Legend Selected Features CR_Survey_Structures CR_Surveys Heritage Barn Register Heritage Register Pis W anmptun darnae Rama. .11D ana Da of Ggaun.to Na ,R wNR anti Naon.Reamer Historic Property Inventory ElArchaeological Districts Archaeological Sites Vora A mama,ca!Resource SS' +Nato p�gnna ape�tnranoa of 50 ywa e.eace fne SRWtowlmnw • near Nation. 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JC Roads Parcels-11 • • FOR INFORMATIONAL PURPOSES ONLY- Jefferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its correctness or validity.Data contained in this map is limited by the method and accuracy of its collection.Mon Sep 16 09:21:37 2013 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=4.... 9/16/2013 Parcel Print Page 1 of 1 Parcel Number.821334076 06/24/2011 Owner Mailing Address: ROBERT L GARTEN 201 STARK RD PORT LUDLOW WA 983659513 Site Address: Section: 33 School District: Chimacum(49) Qtr Section: SE1/4 Fire Dist: Port Ludlow(3) Township: 28N Tax Status: Taxable Range: 1E Tax Code: 231 Planning area: Paradise Bay(8) Sub Division: Land Use Code: 9300 - WATER AREAS (tidelands, shorelands) Property Description: S33 T28 R1E 1.75CH I TL TAX II I I x No Photo Available http://www.co.jefferson.wa.us/assessors/parcel/parcelprint.asp?PARCEL NO=821334076... 8/19/2013 ••• •■••4.M.{•• Garten Beach Access Stairway Project Habitat Management Plan November 9, 2013 For: Robert Garten 201 Stark Rd. Port Ludlow, WA 98365 Prepared by: Marine Surveys ft Assessments 521 Snagstead Way Port Townsend, WA 98368 Phone: (360)385-4073 Email: marine.surveys.inc®gmail.com { Table of Contents I. Project information A. Project Location 3 B.Project Description 3 II. Habitat and Species Information A. Habitat Information 3 B. Washington Department Fish and Wildlife Priority Habitats and Species 4 C.Endangered Species Act Listed Habitats Species 4 III. Effects Analysis of Proposed Development 5 IV. Mitigation and management measures to minimize or avoid impacts 5 V. Mitigation and monitoring plan 6 VI. Summary 8 References 9 Figures 1. Vicinity and parcel map of project location. 10 2.Current beach structure 11 3. Plan and overhead views of current structure and proposed stairway 12 4. Looking east along subject parcel at beach grade. 13 5.Looking west along subject parcel at beach grade. 14 6. Ordinary High Water Mark Determination-site photograph#1. 15 7.Ordinary High Water Mark Determination—site photograph#2 16 8. Washington Department of Fish and Wildlife Priority Habitats and Species list 17 9. Forage fish spawning map 18 10. Mitigation planting plan species list 19 11. Mitigation planting plan 20 MS&A Garten Beach Access Stairway Project-2 I. Project Information The proponent is requesting a reduced shoreline buffer in order to build a stairway to the beach,ending above the ordinary high water mark(OHWM).This proposal is on a shoreline designated as a Fish and Wildlife Habitat Conservation Area(FWHCA).This project cannot meet the Jefferson County setback requirement for marine nearshore habitats of 150' landward of OHWM(JCC 18.22.270). In general,a Jefferson County Critical Areas Stewardship Plan would allow the proponent to apply for a variance to this prescriptive buffer requirement. However,these plans only apply to parcels larger than'/4 acre in size(JCC 18.22.641). Due to the small size of the parcel(approximately 0.076 acres),a Reasonable Economic Use Variance Habitat Management Plan(HMP)is being substituted to address the potential impacts to fish and wildlife habitat and to propose appropriate mitigation. The project site is located on Squamish Harbor in Port Ludlow, WA. It is located on the seaward side of Shine Road,on a parcel zoned as a"tideland and shoreland water area".The surrounding area is a semi-rural shoreline, with residential houses on the landward side of Shine Road and a steep embankment down to the beach on the seaward side. a. Project location: Section 33, '/4 Section SE'/4,Township 28,Range lE 1 Port Ludlow,Jefferson County,WA ,s "``°°� Latitude 47.86821°N;Longitude 122.67620°W Parcel 821334076 Owner address: Robert Garten 201 Stark Rd. Port Ludlow, WA 98365 The parcel location is visible in Figure 1. b. Project description: This small 0.076 acre parcel currently features a beach platform structure.The total length of this structure is 66', and its maximum seaward extent is approximately 6.8' landward of OHWM(Figures 2-3).The proposed stairway would extend from the upper platform of this structure down to the beach,and would also end approximately 6.8' landward of OHWM(Figure 3).Due to the small size of this tideland parcel,an irregular rectangle of approximately 120' length by 30-40' width,the required Jefferson County shoreline buffer(150' from OHWM) and property setback(5' above the buffer)cannot be met.This proposal is a shortfall of 148.2' feet in total,a 96% reduction from the required 155' buffer and setback requirement. II. Listed Species and Habitats a. Habitat information A site visit was conducted on October 14,2013.The area surveyed included the Garten parcel as well as the beach/bluff interface immediately to the east.This eastern extent was included because the actual property lines were not clear in the field and we wanted to ensure that all vegetation was completely surveyed. The Garten property,as well as the western side of neighboring property(parcel#821334015),supports a variety of tree and plant species on a narrow bluff between Shine Road and the beach interface on Squamish Harbor(Figures 4 and 5). Existing tree species include willow(Salix sp.),bigleaf maple(Acer macrophyllum),western red cedar(Thuja plicata),apple(Malus sp).,and black cottonwood(Populus balsamifera ssp. Trichocarpa).Other existing plant MS&A Garten Beach Access Stairway Project 3 species include Nootka rose(Rosa nutkana), snowberry(Symphoricarpos albus),tall Oregon grape(Mahonia aquifolium),trailing blackberry(Rubus ursinus),fireweed (Epilobium angustifolium),silver beachweed(Ambrosia Chamissonia),bedstraw (Galium sp.),pea family(Vetch sp.),American dunegrass(Leymus mollis); unknown grasses(Aster sp),carrot species(Daucus carota),mustard(Brassica sp.),morning glory(Convolvulaceae sp.), and dock(Rumex sp.).The major invasive species present were Himalayan blackberry( rrieftl >j and periwinkle(Vinca Major). =f" In addition,a determination of the approximate location of the OHWM in relation to extatng and ro '�d p �� structures was made. The seaward extent of the proposed stairway was marked by the homeowner prior T5166-field visit.The entire proposed stairway is behind the OHWM,as judged by 4 separate indicators.The location of the highest wrack line,where a thick layer of macroalgae and associated detritus was accumulated,was 6.8' seaward of the bottom of the stairway(Figure 6). Broccoli plants,which are not tolerant to seawater,were found up to 5.8' seaward of the proposed stairway(Figure 7). Large and small woody debris were in a consistent band above the highest wrack line,near the proposed foot of the stairway(Figures 4-5).This suggests that wave disturbance is fairly rare at this height. Finally,the substrate changed from a cobble/shell/pea gravel/sand mix to cobble starting 7' seaward of the foot of the proposed stairway;this cobble is indicative of the tidal areas below OHWM at this beach. In addition,an earlier field survey of the intertidal area below the subject parcel was done on July 19,2013. Although this survey was done in relation to another project in the vicinity,it provides relevant detail about the nature of the intertidal area accessed by the proposed stairway.This area is characterized by a long,gently sloping beach with substrate transitioning from cobble and pea gravel to a sand and mud flat. Upper intertidal macroalgae includes patchy Ulva and the invasive Japanese eelgrass(Zostera japonica).An extensive native eelgrass(Zostera marina)bed is present in the lower intertidal zone (starting at approximately-1.5' OHWM). b. Priority habitats and species According to the Washington Department of Fish and Wildlife,a number of priority fish and marine invertebrate, marine mammal, and bird species are found within the 0.5 mile action area(WDFW 2103a, Figure 8).Priority habitats included the estuarine intertidal habitats(WDFW 2013a). Forage fish including Pacific herring(Clupea pallasii)and sand lance(Ammodytes hexapterus)use beaches within the action area for spawning(WDFW 2013b, Figure 9).These forage fish form an important trophic link between plankton resources and a wide variety of predatory marine organisms as well as providing food for bald eagles and salmon. Sand lance and surf smelt do not have Federal or State concerned,threatened,or endangered status,while Pacific herring are a Federal species of concern and a state candidate species(WDFW 2013a). Coast resident cutthroat(Oncorhynchus clariki clarki)and Coho salmon(Oncorhynchus kisutch)have also been noted within the project area(WDFW 2013a).Neither of these species has Federal or State concerned,threatened, or endangered status. Priority marine invertebrate species include a variety of hardshell clams, Pacific geoduck(Panopea abrupta),and Dungeness crab(Metacarcinus magister),none of which are recognized by the State or Federal government to have concerned,threatened,or endangered status(WDFW 2103a). c. Endangered Species Act listed species of concern In addition to the WDFW priority habitats and species occurring within the project area,two fish species listed under the Endangered Species Act have critical habitat that occurs within the proposed action area. Puget Sound Chinook: The Puget Sound Chinook(Oncorhynchus tshawytscha)is listed under the Endangered Species Act(ESA)as threatened according to the National Marine Fisheries Service(NMFS)(Vol. 70,No. 123/ MS&A Garten Beach Access Stairway Project-4 Tuesday,June 28,2005 /Rules and Regulations). In addition,NMFS has designated critical habitat for 12 Evolutionarily Significant Units(ESUs)of West Coast salmon,including the Puget Sound Chinook Salmon ESU. The project site is in an area designated as critical habitat for the Puget Sound Chinook ESU (Federal Register/ Vol 70,No.170/Friday, September 2,2005/Rules and Regulations). The project site is located in WRIA 17.According to the Washington State Conservation Commission,Chinook salmon"are not found in WRIA 17 in abundant numbers as spawners and,when found,are either the result of hatchery production or straying"(WSCC 2002).No chinook have been identified in the project area(WDFW 2013a). Hood Canal Summer-run Chum:NMFS has listed the Hood Canal summer run Chum ESU (Oncorhynchus keta) as threatened under the ESA(Federal Register/Vol.70,No. 123 /Tuesday,June 28,2005).The project site is in an area designated as critical habitat for the Hood Canal summer run Chum ESU (Federal Register/Vol 70,No.170/ Friday, September 2,2005/Rules and Regulations). Summer chum escapements in Hood Canal have generally experienced a continuous decline for the past 30 years. However,beginning in 2003,escapements began to increase. In 2004,the escapements were the highest recorded during the period that total spawner numbers have been estimated(1974-2004)(WDFW and Point No Point Treaty Council 2005).Although Hood Canal summer run chum are found in the Big Quilcene River and the Little Quilcene Subbasins,which drain into nearby Dabob Bay,they have not been identified in the project area(WDFW 2013a). 4 4 -rb� d Ill. Effect Analysis of proposed development a) The potential direct impacts caused by the construction process are as follows. 1. Decreased number of native or non-native plants: It is possible that plants will be impacted by foot traffic on the beach/bluff interface during construction.Because of the small nature of the proposed construction,however,any impacts will be minimal and could be largely avoided by carefully working around plants during construction. 2. Siltation into the nearshore: Siltation in this case would be caused by soil erosion and runoff during construction and land preparation.Any siltation could lead to reduced shoreline buffer and has the potential to bury forage fish eggs. Because the proposed stairway is a small,quickly constructed development,any siltation effects are likely to be small and short-lived. See"mitigation and management measures"section below for suggested mitigation. b)The potential indirect impacts caused by the construction process are a reduced shoreline buffer. The reduction of a shoreline buffer can have indirect and/or direct effects on the species that utilize the nearshore environment.A planting plan is proposed(Fig. 11)to help increase the quality and function of the area within the shoreline buffer.The buffer provides a variety of functions and values including shoreline protection(erosion control),habitat formation,pollution filtration,moderating water temperature,providing habitat for terrestrial animals and insects,and providing proper nutrient, leaf litter,and invertebrate prey sources for aquatic life. IV. Mitigation and management measures to minimize or avoid impacts 1. Removal of Non-Native Plant species:As noted in the habitat information above,there is invasive Himalayan blackberry and periwinkle growing on the property.These species should promptly be removed. 2. Shoreline Buffer: This proposal is for a very small stairway structure,extending 12' outward from the current upper platform at a width of 4'.Additional impacts,through shading of vegetation along the beach/bluff interface or in the upper intertidal area, will be therefore be constrained to a small area. These impacts,over the baseline conditions from the pre-existing beach platform structure,are therefore likely to be negligible. MS&A Garten Beach Access Stairway Project-5 3. Vegetation Replanting of Native species:A planting and monitoring plan will be implemented to minimize impacts to the shoreline buffer zone and improve habitat function. See"mitigation and monitoring plan"below. 4. Siltation mitigation: All new developments in Jefferson County are required to comply with the Washington Department of Ecology Minimum Requirement No.2(Construction Stormwater Pollution Prevention Plan)(JCC 18.30.070). While small projects(<2000 sq.ft.of new plus replaced surface area)such as this proposal do not require a formal Stormwater Pollution Prevention Plan,they are still required to address the 13 elements of Minimum Requirement No 2. (WA DOE 2012).As a very small development with a limited footprint,only the elements of this requirement that are applicable at this site are presented below(see the"2012 Washington Department of Ecology Stormwater Management Manual for Western Washington"for informatiQr� ,addt aal elements): . Element 1: Preserve vegetation/mark clearing limits.Native vegetation will be retaitled.~ -- Element 2: Construction access route. Construction vehicle access shall be limited to one route.Access points shall be stabilized with quarry spall or crushed rock to minimize the tracking of soils and debris onto public roads. Element 4: Install sediment controls. The major source of sedimentation/siltation during this project would be foot traffic on the beach/bluff interface while constructing the proposed stairway.A silt fence will be added at the toe of the slope during construction,and maintained it until soils are stabilized,to minimize siltation into the intertidal zone. Element 5: Stabilization of soils.From October 1 to April 30,no soils shall remain unstabilized for more than 2 days. From May 1 to September 30,no soils shall remain unstabilized for more than 7 days. Because the stairway can be constructed in a short period of time,construction should only occur in the dry, when soil erosion on the steep beach/bluff interface is likely to be minimized. This will prevent soils from becoming unstabilized. Element 11.Maintain BMP(best management practices).The above erosion and sediment control BMPs shall be regularly inspected and maintained to ensure continued performance of their intended function. V. Mitigation Planting, and Monitoring Plan Mitigation Proposed mitigation is the removal of non-native invasive species and potential invasive species from the area around the proposed stairway. Specific species include Himalayan blackberry,which is a Class C weed on the 'Washington State Noxious Weed List'and periwinkle,which is on the'Monitor List'. Where Himalayan blackberry and periwinkle are removed,they should be replaced with Nootka rose. These native plants will improve function as well as add aesthetic qualities to the shoreline. In addition,one Hookers willow(Salix hoorkeriana)will be planted at the slope/beach interface near the proposed new stairs. Shading benefits to forage fish eggs and future avian roosting may occur with the addition of this tree along the beach/bluff interface. The plants selected for this site are all native plants that can tolerate salt spray from a marine environment.They were selected to improve the overall value of the functions in this critical area buffer. Soil stability,nutrient input and wildlife habitat were all important factors. See Figure 10 for a table showing the plant species and numbers for the planting area. Plants will be selected from a regional native plant nursery. Plants should be installed in late fall or early spring following the construction work. During these times plants are semi-dormant and soils are easier to work.Plants will be laid out by hand generally following the spacing specified on the planting plan(Figure 11). MS&A Garten Beach Access Stairway Project•6 The plants will be installed by digging a one to two foot hole,loosening the soil,placing plant in ground after loosening soil around root ball.The hole must be deep enough to ensure that roots are straight,but not so deep as to bury plants too far above the root collar.Once the plant is in place the hole will be backfilled and tamped lightly. Mulch should be applied 3"deep around plants,being careful not to touch stem of plant. No extraordinary measures are proposed at this time to protect the installed plants other than mulching,weeding and watering. Substitutions might be necessary for species or individuals that cannot be found at local nurseries. All plant substitutions will be approved by the project biologist prior to installation to en$uke'tli r° yit i for mow% 4t..- a a. the site. Monitoring An as-built drawing and report will be submitted to Jefferson County as documentation of the implementation of the approved planting plan within one month of installation.The plan will include vegetation description and photo documentation from established photo stations. Monitoring will take place over a period of five years at the end of the growing season(late August or early September)of each monitoring year. The performance standards will be monitored by measuring plots in zones within the planting area that will be established and mapped after planting occurs,on the as-built plan.There will be photo points for each plot and they will be referenced on the as-built plan. Photos will be taken at all points for all years as visual documentation of the performance standards progress,or lack of. Collected data and photos will be compiled into a report for Jefferson County DCD.The report will address whether the performance standards are being met during each monitoring year and if the final end of monitoring period standards are going to be met. Monitoring results will determine whether or not contingency measures will be needed. Performance Standard#1 (survival rate): Immediately after planting,all plants will be counted and documented.At the end of each growing season(late Aug-early Sept)plots will be visited and a count of surviving plants will be documented.The percent survival for the plots will be calculated by dividing the total number of plants after planting by the total number of surviving plants at the end of the season. Performance Standard#2(percent cover): The percent cover standard will be monitored by looking at each monitoring unit of the enhanced areas from above and estimating the area covered by the individual species.The percent cover within an area can be quantified as a total greater than 100%because plants(in tree,high/low shrub and herbaceous layers)overlap in cover. Maintenance Maintenance shall occur at least twice during the growing season to ensure the survival of all native species within the mitigation area. Watering by hand or sprinkler may be necessary during year number one until the plants are established. Water requirements will depend on the timing of planting with the seasons and weather conditions. Once plants are established,extra watering may not be necessary.Hand weeding will be necessary around all plants that are being monitored for survival and coverage. Contingency Plan If the 90%survival rate is not met by the end of any monitoring year,plants lost to mortality will be replaced to achieve the percentage cover performance standard described above. Prior to replacement,an appropriate assessment will be performed to determine if the survival was affected by species/site selection,animal damage,or some other factor. Subsequent contingency actions must be designed to respond directly to the stressor(s),which are increasing mortality of planted native species. If a particular species is shown not to endure site conditions then another,more appropriate species will be selected. If excessive damage is observed,protective measures will be introduced.Monitoring years may be added if significant re-planting becomes necessary. MS&A Garten Beach Access Stairway Project•7 I. Summary V Su ry Because the proposed development has a very small footprint and does not extend below OHWM,potential impacts to fish and wildlife due to construction will likely be minimal. Care must be taken to avoid beach/bluff interface erosion during construction.This will minimize sedimentation into the intertidal zone as well as maximize the retention of vegetation along the bluff. ., F• MS&A Garten Beach Access Stairway Project•8 References Brennan,James S.Technical Report 2007-02, Marine Riparian Vegetation Communities of Puget Sound. Prepared in support of the Puget Sound Nearshore Partnership Federal Register/Vol.70,No. 123 /Tuesday,June 28,2005 /Rules and Regulations Federal Register/Vol. 70,No.170/Friday, September 2, 2005/Rules and Regulations Jefferson County Code(JCC).Available:http://www.codepublishing.com/WA/JeffersonCounty/ Washington Department of Fish and Wildlife and Point No Point Treaty Tribes.2005.2004 progress report on Hood Canal summer chum salmon. 15 pp. Olympia, WA. Washington Department of Fish and Wildlife(WDFW).2013a.Priority Habitats and Species report.Available at: http://wdfw.wa.gov/mapping/phs/. Olympia, Washington. Washington Department of Fish and Wildlife(WDFW).2013b. Salmonscape Interactive Mapping.Available: http://wdfw.wa.gov/mapping/salmonscape/index.html. Olympia, WA. Washington State Conservation Commission. Salmon and Steelhead Habitat Limiting Factors. Water Resources Inventory Area 17,Quilcene/Snow Watershed(2002). Washington Department of Ecology.2012. Stormwater Management Manual for Western Washington. Olympia, WA. 1039 pp. MS&A Garten Beach Access Stairway Project•9 Port LOG il-Eitii Ludlow ►. Port Gamble 1 North , , Pottlsbo , , , II 82 1334015,. 821334021 821334001 ma. . • •• Shine Road , ,_,.. \ Subject Parcel: 821334015 821334034 821334076 Figure 1. Vicinity and parcel map of project location. MS&A Garten Beach Access Stairway Project-10 A "4 N. .. may p v „4 , •��, k ,.dt , , _ ,,,,,_..' ,o'igfalltfjtk0,,r,am."o''.47"r_':Z"*V , ';,..,'-.--15.1.-,-,- ., .-.---,,„tc,- ... ti B) $" t 5,`" ,,.. ,,.. - ,..4,„,,,..14% „..,,t, -7,4174,, ,,t,i..,, r--4,?,.,,,._ ., .1.7:, ; ,4 , /A-L.. ..... / . ''',1 1%.,:,,*".‘4°' ''' ;,-.:..''''.-C. , • r:;--: •: . ':Ci ;;* ' 4 , v 49. „ , .0 , ,,,,,.:49(.. ......, .... , . .... 4 „... - , r ••., L*:„:.:: ,, w,1� r ar fit. — ._ .... / / / / / / / / _// _ — • s _ � � • ` aw — i/ , rr- - - - i 1 ' r x %1 'Y Figure 2.A)Current platform structure on beach. B)Side view of current structure with loc stairway in white;stairs are proposed to extend 12' seaward from upper platform and end at small ation orange of proposed stake visible. MS&A Garten Beach Access Stairway Project-11 i LOG E 0 N 1 1 1 1 1 1 1 1 iiii iiii F"' r� „ 111111 1 1 1 1 1 1 1 1 "U I 1111 1111 a) I 11111111 `1 O I 11111111 CI, 1 O , 1 a., I \\0\1\ o •/- cC v r a 2 O V v) C5 v_ cz a� v c ° 4 M [/fir] 1 V -s-ss-- a Figure. 3. Plan and overhead views of current structure and proposed stairway. MS&A Garten Beach Access Stairway Project 12 ••vi rt R 1,n .6 �M- ' l :: • (3;4. A'.J"~ r ,4*~ i, ��'•Z" � • r _ r'. -,' l' " r •1,1 ' , t.,. .`w i Cam._ . , .....0,4,q..„ ,:......e...,., _4-- . _ , ., .s 14---4 1.0,..,,,:r p� ._..K,yar r ^ 7g «-,r . wg - - >,.ane> ter'. - ate- . ....•'•:' 0.14M w -, „ iAlat k a a � i G ,' si :.§ , ' • s fit. 1 t A. Y.*0 ....,"°,4,....-c,,,,,. ,, "...- say - 3 .,��+)�,w x `+ua= `v =x. we e. - ., - e r Figure 4. Looking east along subject parcel at beach grade. MS&A Garten Beach Access Stairway Project.13 m i r sr; t { s "!�''tr;, _, .Lyr ' ' •s w. '''r wa.'*":- it' '''..„0;00er:: �_ t, ,, .fir , . 1 f ,+ +, 4 , may"ft tor.. it*{... 4∎''` ] a ' �t�.A .� ";. �V. ' "'r►t + 't I. 1, ..e. -- —J I , . + r r salik a 4 4 4 4- 4 „..... **'' , -, ,�`. t . rr e t r I r 4t 4 , I r 4 ,. ' r 44— _ ,, i r r r . r, . r w ti Figure 5. Looking west along subject parcel at beach grade. Dashed line indicates approximate location of OHWM. MS&A Garten Beach Access Stairway Project-14 LOG A t ".4 3+v .+ ° m. .. r Me . , a„ . Ai • - ' �� .= . � •.. � ., � ` .> 1. '.. r-.. /, _ "'A ....,,._ t >' s B) r , ' rt ,x� a ^ e -•. .� - 3 i - y• ,4 spy Figure 6. Looking A) west and B)east along upper intertidal neat the proposed stairway. Distance from seaward extent of proposed stairs(orange stake)to upper wrack line(approximate OHWM)is 6.8'. MS&A Garten Beach Access Stairway Project-15 mom - r a � ' *" i. °� . 1.` •- *. 'y`- o i' 1 , it - °-,-'. :. .„;:i i .2, , . - . 3 , -: „„47. 1 i--.002,,.16.. --- .i.- � A ,,,,(,,,,4,' rt e` � ��'''1/4, ' « " w�4. 'a ) ,,,,i,,*„:t.L, , 4 w ry ' T'w., 44 c Ij k tf qq f.1 R - -1 e , r.,, / i 4 'tie iis Iiii;;I r r,- o pit, Figure 7. Leaves of broccoli growing 3' seaward of proposed stairway. _ t. ,?�� ova• MS&A Garten Beach Access Stairway Project-16 Species Common Name Species Scientific Name Priority Area Coast resident cutthroat Oncorhynchus clarki clarki Presence Coho salmon Oncorhynchus kisutch Presence Pacific sand lance Ammodytes hexapterus Spawning habitat ,,.::__ ______ A Pacific herring Clupea pallasii Spawning habitat Pacific geoduck Panopea abrupta Presence Subtidal hardshell clams Various species Presence Dungeness crab Metacarcinus magister Presence Figure 8. Washington Department of Fish and Wildlife Priority Habitats and Species list.All marine habitat at the project site is listed as"estuarine intertidal"habitat. MS&A Garten Beach Access Stairway Project 17 i ;.. .., fir , North z.,,,t T y - a, ,. r 0 , - Proposed �° -0 ,t� Development ',' 4 f „,: r- it ' Figure 9. Documented sand lance(red line)and Pacific herring(inside black box)foraging habitat near the project site. Sand lance spawing habitat is approximately 1540' east of the project site. L . a ■ MS&A Garten Beach Access Stairway Project 18 MEMili► Quantity Common Name Botanical Name Size Spacing 1 Hookers Willow Salix hookeriana 3 Gal To be determined on site Nootka Rose Rosa nutkana 2 Gal 3 -5 feet Figure 10. Planting plan species list. M MS&A Garten Beach Access Stairway Project 19 -I 1WI 0 L.) I Lii"72 1..L.1< co 3 f— U._ 0 Z Ce 1 ..., Cl.Z I Y _ —I L.L.1...... I x < CO-1-- U Lu > 0< 0 1—LL.1 I Lu -..,,.CO ....J W ›.' ...."".. I 0 CL Ct < 0 L.A.J CC 1.1/ ....0.1.. W CC ■■•1 0 \ VI LA I < 110 ui . , .■ ■-r1 A 4-....4--yIS:`,. .; ,4 ; .4 ' •• > II i- < — Z I.Jul at cL - CI — I E //' all <„ < .......„................... oi- U ..,......................... I Z ul 'CC ILu 1 a 6 g A usiii■ A lair u., a. w Q.. o "j Sil 0 Z Ill H" II • h .........a. a't < 1 a ;.."' ,,,... CL. ry I t'ilil it Ih‘ri CL p- 0 Z a. diN, cc c,. L.L.i I IP& - • ca4 f— •Pr--.w4, -.1 Ce 2 1100 1 1:: i 1 0 I v' Ofr* >R- o z L., i---- I Iti ...M. < I CC D I-- II LLJ 1 t..) D CrC F--. L.L.1 I „,, V i 0 I Q 0 g. . z Ce 1 U..I I L z L., i 1 .. v-, . 1 c., co I Figure 11. Planting Plan. MS&A Garten Beach Access Stairway Project.20 � �� JEFFERSON COUNTY [( [ [NE $; ,• ,DEPARTMENT OF COMMUNITY DEVELOPMENT) ' I AuG1 2013 QQ, Ok 621 Sheridan Street•Port Townsend•Washington 98368 i t `qs�N(( 00/379-4450• •360/379-4451 Fax JEFFERSON COUNTY DEPT.OF COMMUNITY DEVELOPMENT Pre-Application Conference The Jefferson County Unified Development Code (UDC) requires that before an application is made for all Type II and Type III 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: f rei eiesT- L 1 G, eW du MAILING ADDRESS: Q9/ V 7/. J I 44 P) T©RY-L UOI L 1.4419 �13 TELEPHONE:(HOME) /,360- �3 / (Q2 (vDRK) LOG if EAll REPRESENTATIVE: ,t MAILING ADDRESS: - . TELEPHONE:(HOME) (WORK) _ " DIRECTIONS 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; C) Possible locations of sewage disposal and water supply systems; Location of utility easements; and Proposed location of buildings, including setbacks to property boundaries. R 3. Attach payment of the applicable fee,as set forth in the Jefferson County Fee Ordinance. cci 3 —) Property Description LOS I General Location: a' 4. � !' Legal Description(from Property Tax Statement): 9-Digit Parcel Number(from Property Tax Statement): ? 21 3344 01-6 Total Acreage: Zone: % Lot Coverage: Applicant: ❑ Owner ❑ Lessee ❑ Contract Purchaser ❑ Other Project Description --/,:eipg5 -TV 6e4 c1-1 Property Owner(name and mailing address): R,9Jc°R 1 t, 6-;f1 ems— 2 / Ask.RI) P aT Jk JO 9836.5 6 Gal w 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. Acce a� righ of en t the applicant's property shall be requested and shall occur only during regular business hours. (SIGNATURE) R - J ^ 1 (DATE) I hereby designate conference. to act as my agent in matters related to this pre-application (LANDOWNER SIGNATURE) (DATE) C►,,,. qv 2,6 O m E Z m , V) ----)-- N -0 7 of ° --1 _) 1' 9, ef) '5 5Z_-- ,u, . ,SAN v co Zi ' — AM 0 X, '' i v • m-gy _ ' , ,_ V v (t. k * . . . . . .-)--• -1-1=i _, • • .,c__, ,,, „ m u) s—z 7,7\ 0 ' rn v r 0 7 x Pz 3 m - v - v XI 7 N to go F .v z 0 z m z c 030 rn N -r rn E -4. .-it: n m l/`r 1, T v p4p 2 V Efil Z �� S Z N V I 1 y Site Plan Checklist A Site Plan. All site plans shall be drawn with a straight edge &features shall be to scale using an engineer scale. For Residential Applications A site plan printed on 11 X 17 to scale(if on larger paper please submit 7 copies) Please show the following on all site plans. ❑ North arrow 1 ( O Title block with the project name, address, drawing title, tax parcel number, &the name/address/phone of the person preparing the drawing. Y— ❑ All Property boundaries, dimensions, total parcel acreage or square footage dimensions. ❑ Building footprint square footage for all proposedxexisting structures[for Site Plan Approval Advance ' f-I 1 Determination (SPAAD)applications show buildable area rather than building footprint] ' ' ❑ Environmentally sensitive areas such as ravines, seasonal creeks, bodies of water, wetlands, steep slopes, rY , etc. O On-site septic system location or sewer lines (existing or proposed) Show measurement from foundation to +h septic tank, drainfield, & reserve area Show transport line. —3 i ❑ Well location &water lines. Show 100' radius around well. -1 t ❑ Impervious surfaces such as driveways or patios. Show driveways all the way to access road, not just to the property boundary. ❑ Setback distances from property boundaries to structures, distance between structures, &distances from structures to environmentally sensitive areas such as wetland, shorelines, steep banks, etc. ❑ Location of any easements&encumbrances such as utility or access easements. ❑ Method & location of stormwater disposal facilitates such as drainage swales, tightlines, dry wells, curtain drains, etc. ❑ For applications on marine or river shorelines show ordinary high water mark, top of banks& heights of banks. ❑ Locate the Propane Tank, Size of tank, A/G or U/G &distance from nearest bid. . \ r . i• I 1 1 \ It I . n = � I \ d�rNO ei t 'ti, ■ ''Slir. ' 1.Z. Ipi • cI• ; 1 Ri 6 Bbl / ^ I O r ---r--i-- ____,. _ �4..: '-'1',.. / .�- \. \/i,.i 0 b �" 1 - E- E E E E Q� 4.. ii/ A -.1 ra i 4 o— n I. E E E 1.1 N E , E 4.. . IT-,T \. rE 0 S E / V1 p \\Cr 1 i. 4. 5 ........ _ i $ Iv all -4 c . — 1 N / v I ill. ol PA : i 1 / g 2 . q } 1 / r li ill t �- 1•g o DI / DIMENSION ( I DIMENSION ' DIMENSION �, It _ . 1 i /> �:'_._- 31 . lire *4'1 )[y.: 1 -- T., gl 1 / '—i i 1 .. , bd I . 2 1.....Y-<" !.. 1 .,-.. ,,. am. am ons -- aMENSION PERTY LINE . . . �_ _ _ - - �- CENTERLINE VIEW STREET • bEVELOPMENT REVIEW TIME SHEET ROBERT L GARTEN MLA13-00153 Date Time Comments lc9*—II-/3 \\tidemark\data\forms\R_MLT_Case_CRMLA.rpt December 04,2013 \\tidemark\data\forms\R_MLT_Case_CRMLA.rpt December 04,2013