HomeMy WebLinkAboutstamped_024 Marrowstone Additional Information Request ResponseHOEDEMAKER PFEIFFER
6113 13th Avenue South Seattle, WA 98108 206 545 8434
January 03, 2022
SHANNEN CARTMEL
621 SHERIDAN STREET
PORT TOWNSEND, WA 98368
RE: SITE ADDRESS: 10 BEACH DR
CASE #: MLA21-00080 (SDP2021-00012 and ZON2021-00049)
Dear Ms. Cartmel:
Thank you for your initial review of our proposal. See below for responses to the requests for information
sent November 4, 2021.
Traffic Impact Analysis Request
Per the request, a traffic impact analysis (TIA) was conducted by Jake Traffic Engineering, Inc. See
attached.
Septic Line Placement
See attached for justification/clarification of the proposed septic system and placement.
Ordinary High Water Mark Location
During Ecology’s office review of the proposed Marrowstone Inn site plan, ECY questioned the
determination of the ordinary high water mark (OHWM) based on their observation that the OHWM
mapped by Soundview Consultants (SVC) did not appear to align with the landward limit of
vegetation, as observed by projecting the surveyed OHWM upon aerial photographs. A joint site visit
was conducted with the Department of Ecology (ECY, Rebecca Rothwell) and Jefferson County
(Shannen Cartmel) along with Hoedemaker Pfeiffer (John Sampson) and Soundview Consultants
(Ann Boeholt) on November 2, 2021 for the purpose of reviewing the OHWM location. During that
site visit ECY agreed with the location of the OHWM along the southern shoreline (of Oak Bay) but
generally disagreed with the location of the OHWM along the low energy marine shoreline of Kilisut
Harbor (along the western boundary of the subject property) and suggested that the OHWM was at a
higher elevation than SVC had determined it to be. ECY placed a handful of tentative flags in the
ground, indicating where they were inclined to mark the OHWM and it was agreed to revisit the site
at a later date to confirm this revised OHWM after ECY and SVC both had the chance to conduct follow
up research and/or to coordinate with Senior Shoreline planners.
SVC and ECY revisited the site on November 18, between 9 and 10:30 am. The Port Townsend Tidal
Datum Station recorded observed tides of 8.13 ft (MLLW) at 4:50 am on that morning of November 18
and a recent high tide of 10.19 ft (MLLW) on Monday, November 15.
The Mean Higher High Water (MHHW) at the Port Townsend datum station is 8.52 feet
(NOAA). Background research and Ecology guidance suggest that the biological mark known as the
OHWM mark can be expected to be roughly 1 to 2 feet above MHHW in northern Puget Sound. Based
on this, the OHWM was expected to be approximately 9.5 feet at Port Townsend, and roughly the same
at the Marrowstone Inn, Kilisut Harbor shoreline, which is approximately 7.3 miles south of Port
Townsend. Accordingly, it was expected that the most recent high tide from the early morning of
November 18 was below the OHW and that the recent highest tide of 10.19 feet was at or above the
OHW.
Jan 03 2022
Exhibit 24 - Page 1 of 3
HOEDEMAKER PFEIFFER
6113 13th Avenue South Seattle, WA 98108 206 545 8434
During the site investigation of November 18, SVC and ECY observed a line of fresh flotsam that
appeared indicative of that morning’s high tide and another, higher, clear line of flotsam that was
indicative of that highest recent tide (of 10.19 feet). The two lines of flotsam appeared to sufficiently
“bookend” where the actual OHW was expected to lie. SVC and ECY further observed that this highest
line of flotsam conveniently coincided with distinct changes in the vegetation
community. Specifically, SVC and ECY keyed in on the waterward extent of Nootka rose and that
point, moving from higher to lower on the shoreline, where American dunegrass (Leymus mollis),
yarrow (Achillea millefolium), Puget sound gumweed (Grindelia integrifolia), and silver beachweed
(Ambrosia chamissonis) (all somewhat less salt tolerant vegetation) became less predominant, and
where sea thrift (Armeria maritima) became more so.
OHWM is defined as...
"Ordinary high water mark" on all lakes, streams, and tidal water is that mark that will be
found by examining the bed and banks and ascertaining where the presence and action of
waters are so common and usual, and so long continued in all ordinary years, as to mark upon
the soil a character distinct from that of the abutting upland, in respect to vegetation as that
condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change
thereafter in accordance with permits issued by a local government or the department:
PROVIDED, That in any area where the ordinary high water mark cannot be found, the
ordinary high water mark adjoining salt water shall be the line of mean higher high tide...”
(RCW90.58.030).
What is known for certain was that there had been a recent very high tide along this shoreline, that it
likely occurred at the same time that a 10.19 ft tide was observed at Port Townsend, and that a clear
line of flotsam indicated where this high tide had reached upon the Marrowstone Inn, Kilisut Harbor
shoreline. We also knew that this high tide was approximately 2 feet above the MHHW. That didn’t
necessarily imply that tide reached but did not exceed the OHWM. However, ECY and SVC observed
and agreed that the changes in the vegetation community coincided nearly exactly with this recent
deposition of flotsam and that the line of flotsam and that that recent high tide were, in fact, a very
close approximation of the OHWM. We observed that where flotsam was not evident, we were able to
key in on the subtle changes in the vegetation community to demark the OHWM and where changes
in vegetation were too subtle to discern, we were able to rely on the location of the more obvious
flotsam line to approximate the OHWM. SVC and ECY re-flagged the OHWM according to these on-
the ground indicators and this line was then picked up by survey.
In some cases, the OHWM remained unchanged from where SVC had previously mapped it. In other
areas, the OHWM moved further landward. For the most part, the OHWM was NOT at the landward
edge of American Dunegrass which was found to be at a significantly higher elevation, and the
OHWM was not as high as ECY had suggested it might be during the joint site visit of November 2,
2021.
SVC has reviewed the revised survey and finds that it is a correct representation of the OHW agreed
upon in the field with ECY on November 18, 2021.
It is important to note that ECY did not question the delineations of the estuarine wetland (Wetland
A) nor the slope wetland (Wetland B). Those wetland boundaries, and their standard buffers, remain
unchanged. This is significant because the more extensive landward buffer of either the Shoreline
(OHWM) or the wetland is the controlling buffer (JCC 18.25.270(4)(g)). Along the western edge of the
subject property, the reduced 225-foot estuarine wetland buffer reaches farther landward than the
150-foot standard shoreline setback, even after this recent OHWM adjustment. This does not affect
Exhibit 24 - Page 2 of 3
HOEDEMAKER PFEIFFER
6113 13th Avenue South Seattle, WA 98108 206 545 8434
the proposed site plan at the north end of the project area, in the vicinity of the proposed parking lot,
resort road, and septic system dosing tanks.
Interrupted Buffers
Our initial site plan incorporated an interrupted buffer due to our interpretation of the wetland buffer
interruption clause within County Code JCC 18.22.730(6)(b), “wetland buffers do not include areas
that are functionally and effectively disconnected from the wetland by an existing, legally established
road or another substantial developed surface.” We believe this to mean that the existing gravel road
(that was legally established or nonconforming) is an effective buffer interruption, especially when
recognizing that the Jefferson County definition of impervious surfaces includes gravel
roads. Although we believe the requirements for an interrupted buffer are met, we will not move
forward with a request for a code interpretation and have removed the interrupted buffer from our
proposal. See updated site plan.
Thank you,
John Sampson
Exhibit 24 - Page 3 of 3