HomeMy WebLinkAboutSDP2013-00051 - PERMIT JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
UNIFIED DEVELOPMENT CODE
TYPE I LAND USE PERMIT
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT EXEMPTION
WASHINGTON STATE SHORELINE MANAGEMENT ACT (RCW 90.58)
PROPONENT: KATHLEEN DOUGLAS
101 WAMPUM POINT RD
QUILCENE WA 98376
DATE ISSUED: March 25, 2015
DATE EXPIRES: March 25, 2016
MLA NUMBER: MLA13-00165 CASE NUMBER:SDP13-00051
PROJECT PLANNER: Donna Frostholm
PROJECT DESCRIPTION:
Shoreline exemption and flood development applications to restore stream discharge channel location through intertidal
area of Quilcene Bay. The proposal would restore intertidal conditions to a previously-existing condition. The applicant
has submitted a Biological Evaluation and a hydrologic report in support of the application. The application is subject to
review under the State Environmental Policy Act(SEPA).
WATERBODY AND/OR ASSOCIATED WETLANDS: QUILCENE BAY
PROJECT LOCATION: Parcel Number: Open water, adjacent to Parcel Number 701 194 029, Site Address: area west
of 101 Wampum Point Road, Quilcene
FINDINGS:
1.) The Administrator finds that this application complies with applicable provisions of the Unified Development
Code, all other applicable ordinances and regulations, and is consistent with the Jefferson County
Comprehensive Plan and Land Use map.
2.) The applicant is proposing to restore an intertidal channel in Quilcene Bay to conditions that existed prior to a
winter 2008/2009 stream dredge approved by Washington Department of Fish and Wildlife. The stream dredge
extended into intertidal waters owned by Jefferson County. This portion of the shoreline is designated as
aquatic and access to the intertidal area is through a residential parcel owned by the applicants. The portion of
the shoreline above the ordinary high water mark is designated as urban. The proposed work would be
conducted entirely on intertidal land owned by Jefferson County. This permit does not authorized the applicants
or any representatives for the applicants to access or alter property owned by others, nor does this permit allow
any work beyond what is shown on the approved site plan (i.e., no work may be conducted on land owned by
others as part of this permit).
3.) The application was reviewed by the Jefferson County Department of Community Development staff for the
potential presence of Critical Areas under the provisions of the Unified Development Code (UDC). After an
initial Geographic Information Systems mapping review and an investigative site inspection, the following
Critical Areas were confirmed to be present on the subject property: fish and wildlife habitat conservation areas
(listed fish species in marine water), wetlands, frequently-flooded areas, aquifer recharge areas (susceptible),
and seawater intrusion protection zones (coastal). This proposal is not expected to affect wetlands, aquifer
recharge areas, or seawater intrusion protection zones.
4.) Special Reports were submitted as part of this application to address fish and wildlife habitat conservation
areas and frequently flooded areas. The applicants submitted a Biological Evaluation/Habitat Management
Plan to address critical areas stewardship plan (CASP) and Federal Emergency Management Agency Biological
Opinion requirements. The biological report (dated July 25, 2014) and addendum figure (submitted January 28,
2015) were prepared by Marine Surveys &Assessments. The applicant also submitted a Shoreline Process
Analysis of Wampum Point report (dated December 9, 2015) prepared by Northwest Territories, Inc that
addresses the hydrologic processes in this portion of Quilcene Bay. This report was required by DCD to ensure
that the proposed project would not adversely affect any other private properties or state lands.
5.) Aquifer Recharge Areas in Jefferson County are characterized by porous geological formations that allow
percolation of the surface water into the soils and the underlying zone of saturation. Aquifers are geologic
formations that contain sufficient saturated permeable material to yield significant quantities of water to wells
and springs. Aquifers serve as the source of drinking water within most of the rural portions of Jefferson
County.
6.) Susceptible Aquifer Recharge Areas are those with geologic and hydrologic conditions that promote rapid
infiltration of recharge waters to groundwater aquifers.
7.) Marine shorelines and islands are susceptible to a condition that is known as seawater intrusion. Seawater
intrusion is a condition in which the saltwater/freshwater interface in an aquifer moves inland so that wells drilled
on upland areas cannot obtain freshwater suitable for public consumption without significant additional
treatment and cost. Maintaining a stable balance in the saltwater/freshwater interface is primarily a function of
the rate of aquifer recharge (primarily through rainfall) and the rate of groundwater withdrawals (primarily
through wells). The Washington Department of Ecology is the agency with statutory authority to regulate
groundwater withdrawal for individual wells in Jefferson County. New development, redevelopment, and land
use activities on islands and in close proximity to marine shorelines in particular should be developed in such a
manner to maximize aquifer recharge and maintain the saltwater/freshwater balance to the maximum extent
possible by infiltrating stormwater runoff so that it recharges the aquifer.
8.) The parcel is located within a coastal SIPZ (seawater intrusion protection zone) according to the County GIS
map. There are voluntary and mandatory measures identified in the Jefferson County Seawater Intrusion Policy
(Resolution 61-02, effective September 23, 2002) that apply to well drilling proposals and building permit
applications on existing lots of record.
A Coastal SIPZ is defined as: all islands and area within one-quarter mile of marine shoreline, but no history of
chloride concentration above 100 mg/L in groundwater sources within 1000 feet.
9.) The proposed work will occur in Quilcene Bay, in an area that is mapped on the Federal Emergency
Management Agency (FEMA) Flood Insurance Rate Map (Panel 530069 0855 B) as Zone A. This work is
subject to the requirement for a flood development permit, which is incorporated into this decision. The
proposal meets the definition for development but not structure in the Flood Damage Prevention Ordinance, as
codified in Jefferson County Code 15.15.050.
10.) To comply with the FEMA Biological Opinion, this application was reviewed for potential impacts to
federally-listed threatened and endangered species. This proposal requires a federal permit from the U.S.
Army Corps of Engineers (Corps) and was reviewed for compliance with the Endangered Species Act. Work on
this project is contingent upon receiving a permit from the Corps.
11.) This application was reviewed at the federal level under Section 106 requirements for cultural resources.
Based on that evaluation, this proposal is not expected to adversely affect any historical or cultural resources.
Should any archaeological or cultural resources be discovered, the applicants are to immediately stop work and
contact all applicable state and tribal entities.
12.) This application was reviewed under the State Environmental Policy Act(SEPA) by Jefferson County, acting as
lead agency. A Mitigated Determination of Non-Significance (MDNS)was issued on February 4, 2015.
13.) The site plan, as submitted with this shoreline exemption application on September 29, 2014, has been
reviewed for consistency under the UDC, and has been approved by Jefferson County Department of
Community Development. Any modifications, changes, and/or additions to the stamped, approved site plan
dated Februay 3, 2015 shall be resubmitted for review and approval by Jefferson County Department of
Community Development.
14.) This approval is for a shoreline exemption to revise a stream channel through intertidal land only. Any future
permits on this site are subject to review for consistency with applicable codes and ordinances and does not
preclude review and conditions which may be placed on future permits.
15.) The Development Review Division finds that this proposal is consistent with Shoreline Master Program (JCC
18.25.090(19)) and is consequently exempt from the substantial development permit (SDP) requirements.
Exemptions from the substantial development permit requirements do not exempt a proposed development
from compliance with the applicable policies and standards of the Shoreline Master Program or other applicable
Federal, State, or local permit or license requirements.
16.) The finding in the Critical Areas Stewardship Plan permit(CSP13-00005) also apply to this shoreline exemption
permit.
17.) NOTICE: This permit does not excuse the proponent from complying with other local, state, and federal
ordinances, regulations, or statutes applicable to the proposed development, but consistent with RCW 90.58.
Development pursuant to this permit shall be undertaken subject to the applicable policies and performance
standards of the Jefferson County Shoreline Management Master Program and the Jefferson County Unified
Development Code.
If during excavation or development of the site an area of potential archaeological significance is uncovered, all
activity in the immediate area shall be halted, and the Administrator shall be notified at once.
The Federal Endangered Species Act rules to protect threatened Chinook and Summer-run Chum salmon
became effective on January 8, 2001. Bull trout have been listed as threatened since early 2000. Under the
ESA, any person may bring lawsuit against any individual or agency that"takes" listed species (defined as
causing harm, harassing, or damaging habitat for the listed species). In addition, the National Marine Fisheries
Service can levy penalties. All areas in Jefferson County are included as "critical habitat" for a listed species.
Development of property along any marine shoreline, freshwater shoreline, or floodplains could harm habitat if
protective measures are not taken. To minimize the potential to damage habitat, all property owners developing
adjacent to marine shoreline, freshwater shoreline, or floodplains are advised to do the following:
-All development activities should avoid unstable slopes, wetlands, and forested areas near surface waters
- Remove minimal vegetation for site development, especially large trees
-Allow trees that have fallen into surface waters to remain there
- Infiltrate stormwater from buildings and driveways onsite through drywells rather than discharging directly into
surface waters or roadside ditches
The Federal Bald and Golden Eagle Protection Act requires landowners within 660 feet(1/8th of a mile) of an
eagle nest to consult with the US Fish and Wildlife Service. This Eagle Act prohibits anyone from "taking" bald
eagles. This federal law defines the term "take" and describes the possible legal consequences when a"take"
occurs. Among other actions, "take" includes a disturbance of bald eagles or their habitat. Under federal law a
permit may still be required for activities that impact bald eagles or their habitat. Contact the US Fish and
Wildlife Service (http://www.fws.gov/pacific/eagle/)to learn more about how this law affects your project.
Any individual, group, or agency can bring suit for a listed species"taking", even if you are in compliance with
Jefferson County development codes. The risk of a lawsuit against you can be reduced by consulting with a
professional fisheries habitat biologist, and following the recommendations for site development provided by the
biologist. For more information, contact the National Marine Fisheries Service in Seattle, or the U.S. Fish and
Wildlife Service.
CONDITIONS:
1.) Property owned by the applicant shall be used to access the work area. The work approved by this permit is
limited to the intertidal area owned by Jefferson County, as shown on the attached approved site plan. Under
this permit, the applicant is not authorized to access private property (including intertidal lands) owned by others.
2.) PRIOR TO BEGINNING ANY WORK ON THIS PROJECT, THE APPLICANT SHALL INSTALL ORANGE
BARRIER FENCING ALONG THE EAST SIDE OF THE EXISTING CHANNEL TO ENSURE THAT THIS AREA
IS NOT DISTURBED AS PART OF THE RE-DIRECTING THE CHANNEL. THE FENCING SHALL BE
INSTALLED IMMEDIATELY ADJACENT TO THE UPPER LIMITS OF THE WORK AREA, AS SHOWN ON THE
APPROVED SITE PLAN. THE APPLICANT SHALL CONTACT DCD (360-379-4450) PRIOR TO BEGINNING
ANY WORK TO REVIEW THE LOCATION OF THE FENCING. ANY WORK THAT BEGINS WITHOUT PRIOR
APPROVAL FROM DCD MAY RESULT IN A STOP WORK ORDER OR ADDITIONAL MITIGATION.
3.) Flood hazard reduction measures are to be used as required by the Jefferson County Flood Damage Prevention
Ordinance 07-0515-06 (Jefferson County Code Chapter 15.15).
4.) In the event that an archaeological or cultural resources are found during the coarse of implementing this
permit, the applicants and any designated representatives shall immediately stop all work and shall notify all
applicable parties, including but not limited to, Department of Archaeology and Historical Preservation, DCD,
Jamestown S'Klallam Tribe, and Port Gamble S'Klallam Tribe.
5.) The applicant shall implement the mitigation described in the July 25, 2014 Biological Evaluation and January
28, 2015 Addendum Plan.
6.) The applicant shall implement the recommendations in the December 9, 2013 Shoreline Processes Report to
ensure that adjacent properties are not adversly affected.
7.) Prior to commencing development activity, proponent is responsible for informing the Washington Department
of Fish and Wildlife (WDFW) in order for WDFW to determine whether this action is subject to the Washington
State Hydraulic Code (Chapter 220-10 WAC). Hydraulic Project Approval (HPA) is required for all hydraulic
projects, which are defined as construction or performance of other work that will use, divert, obstruct, or
change the natural flow or bed of any of the salt or fresh waters of the state.
8.) In addition to Jefferson County permit conditions, the project proponent shall comply with all conditions set forth
by the Washington Department of Fish and Wildlife through Hydraulic Project Approval.
9.) The applicant shall adhere to all conditions in the Corps permit.
10.) Work within the jurisdiction of the Shoreline Master Program other than as described above shall receive
separate review from this Department.
11.) Construction shall be in substantial compliance with the site plan submitted on September 29, 2014 as it exists
now or is hereafter amended by Jefferson County and/or the Washington Department of Ecology.
12.) No fill or other material may be placed in the waters or intertidal areas of Jefferson County.
13.) The applicant shall be responsible for ensuring that water quality requirements provided by Washington State
Department of Ecology (as part of SEPA comments) are met.
14.) Native vegetation shall be used to replant the work area (e.g., areas shown in green and yellow on the
Addendum sheet prepared by MSA, as submitted on January 28, 2015.
Native vegetation outside the work area shall NOT be used as mitigation; plants outside of the work area shall
be left intact and undisturbed. Only existing native plants within the area to be regraded may be used. If less
than 70 native plant species are present within the work area, native plants on the plant list shall be purchased.
15.) Off-site disposal of materials is not approved under this permit.
16.) Conditions in the Critical Areas Stewardship Plan permit(CSP13-00005) also apply to this permit.
Department of Community Development Staff
c: Department of Ecology, Shorelands Office, Rick Mrq.z
Washington State Department of Fish &Wildlife, _ 7
Washington State Department of Natural Resources, Bridjet Kaminski-Richardson
\\tidemark\data\forms\F_SDP_Exemption_U.rpt 3/25/2015
JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
UNIFIED DEVELOPMENT CODE
TYPE I LAND USE PERMIT
APPLICANT: KATHLEEN DOUGLAS
REIMER DOUGLAS
2021 N 78TH ST
SEATTLE WA 98103
DATE ISSUED: February--f,a015
DATE EXPIRES:r{hy, 4, X01(0
MLA NUMBER: MLA13-00165 p(3 cx�ct�J
PROJECT PLANNER: Donna Frostholm
PROJECT DESCRIPTION:
REVISED CASP PERMIT ISSUED (REPLACES PERMIT ISSUED FEBRUARY 4, 2015)
Restore stream dishcarge channel location through intertidal area
PROJECT LOCATION:
Parcel Number: Open water, adjacent to Parcel Number 701 194 029, Site Address: international area west of 101
Wampum Point Road, Quilcene
CONDITIONS:
1.) The applicant shall implement the approved Biological Evaluation and Addendum Plan, both of which were
prepared by Marine Surveys&Assessments. The applicant shall submit an as-built within one month of
completing the mitigation work and the annual monitoring reports shall be submitted by October 31 of each
monitoring year. Plant survival shall be 100%for Year 1 monitoring and shall be at least 90%for Monitoring
Years 2 through 5, and non-native plant species shall not exceed 10% cover in any of the five monitoring years.
If ALL performance standards for the first three monitoring years are met, then a Year 4 report may not be
required. In either case, a Year 5 monitoring report shall be required.
2.) Work within the fish and wildlife habitat conservation area buffer other than as described above(and as shown
on the attached site plan) shall receive separate review from DCD.
3.) Construction shall be conducted in a manner that does not cause degradation of critical areas.
4.) PRIOR TO BEGINNING ANY WORK ON THIS PROJECT, THE APPLICANT SHALL INSTALL ORANGE
BARRIER FENCING ALONG THE EAST SIDE OF THE EXISTING CHANNEL TO ENSURE THAT THIS AREA
IS NOT DISTURBED AS PART OF RE-DIRECTING THE CHANNEL. THE FENCING SHALL BE INSTALLED
IMMEDIATELY ADJACENT TO THE UPPER LIMITS OF THE WORK AREA, AS SHOWN ON THE APPROVED
SITE PLAN. THE APPLICANT SHALL CONTACT DCD (360-379-4450) PRIOR TO BEGINNING ANY WORK
TO REVIEW THE LOCATION OF THE FENCING. ANY WORK THAT BEGINS WITHOUT PRIOR APPROVAL
FROM DCD MAY RESULT IN A STOP WORK ORDER OR ADDITIONAL MITIGATION.
5.) Native vegetation outside the work area(e.g., areas shown in green and yellow on the Addendum sheet
prepared by MSA, as submitted on January 28, 2015) shall NOT be used as mitigation; native plants outside of
the work area shall be left intact and undisturbed. Only native plants within the area to be regraded may be
used. If less than 70 native plant species are present within the work area, native plants on the plant list shall
be purchased from a nursery.
6.) Substitutions for any native plants listed on the January 28, 2015 Addendum Plan that need to be obtained from
a nursery require DCD approval prior to installation.
7.) The findings in the shoreline exemption permit apply to this CASP application and the applicant shall adhere to
all shoreline conditions (SDP13-00051).
8.) ALL WORK APPROVED BY THIS CASP SHALL BE CONDUCTED IN THE INTERTIDAL PROPERTY OWNED
BY JEFFERSON ONLY. THE APPLICANT SHALL ENSURE THAT WORK APPROVED BY THIS CASP DOES
NOT EXTEND ONTO ANY ADJACENT PROPERTIES, INCLUDING THE ADJACENT JOINTLY-OWNED
INTERTIDAL AREA TO THE SOUTH.
9.) Any work by DCD once this permit is issued(such as monitoring site visits)will be billed to the applicant based
on hourly fees in place at the time the work is conducted.
FINDINGS:
1.) The Administrator finds that this application complies with applicable provisions of the Unified Development Code, all other
applicable ordinances and regulations,and is consistent with the Jefferson County Comprehensive Plan and Land Use
map.
2.) The applicant is proposing to re-direct a channel within an intertidal area of Quilcene Bay, to restore the channel
to conditions in place prior to a winter 2008/2009 dredge approved by Washington Department of Fish and
Wildlife. Work within a fish and wildlife habitat conservation area requires mitigation,which is addressed for
this application through the critical areas stewardship plan (CASP) permitting process. As part of this process,
the applicant has submitted a Biological Evaluation (prepared by Marine Surveys&Assessments, dated July
25, 2014)and revised planting plan (prepared by Marine Surveys&Assessments, submitted January 28, 2015)
3.) A CASP permit is a conditional approval. No notice to title is required because the County owns the intertidal
land. The requirement for posting a performance bond was waived by the DCD Director and the County
Administrator on March 23, 2015. Therefore, you may proceed with the project, assuming all applicable permits
have been obtained.
4.) The applicant is required to implement the approved Biological Evaluation and Addendum plan to meet CASP
requirements. This includes maintenance and monitoring of the migitation area.
5.) The findings in the shoreline exemption permit also apply to this CASP permit.
6.) NOTICE: This permit does not excuse the proponent from complying with other local, state, and federal
ordinances, regulations, or statutes applicable to the proposed development, but consistent with RCW 90.58.
Development pursuant to this permit shall be undertaken subject to the applicable policies and performance
standards of the Jefferson County Shoreline Management Master Program and the Jefferson County Unified
Development Code.
If during excavation or development of the site an area of potential archaeological significance is uncovered, all
activity in the immediate area shall be halted, and the Administrator shall be notified at once.
The Federal Endangered Species Act rules to protect threatened Chinook and Summer-run Chum salmon
became effective on January 8, 2001. Bull trout have been listed as threatened since early 2000. Under the
ESA, any person may bring lawsuit against any individual or agency that"takes" listed species(defined as
causing harm, harassing, or damaging habitat for the listed species). In addition, the National Marine Fisheries
Service can levy penalties. Development of property along any marine shoreline, freshwater shoreline, or
floodplains could harm habitat if protective measures are not taken. To minimize the potential to damage
habitat, all property owners developing adjacent to marine shoreline, freshwater shoreline, or floodplains are
advised to do the following:
-All development activities should avoid unstable slopes, wetlands, and forested areas near surface waters
-Remove minimal vegetation for site development, especially large trees
-Allow trees that have fallen into surface waters to remain there
- Infiltrate stormwater from buildings and driveways onsite through drywells rather than discharging directly into
surface waters or roadside ditches
The Federal Bald and Golden Eagle Protection Act requires landowners within 660 feet(1/8th of a mile)of an
eagle nest to consult with the US Fish and Wildlife Service. This Eagle Act prohibits anyone from"taking" bald
eagles. This federal law defines the term "take"and describes the possible legal consequences when a"take"
occurs. Among other actions, "take" includes a disturbance of bald eagles or their habitat. Under federal law a
permit may still be required for activities that impact bald eagles or their habitat. Contact the US Fish and
Wildlife Service (http://www.fws.gov/pacific/eagle/)to learn more about how this law affects your project.
Any individual, group, or agency can bring suit for a listed species"taking", even if you are in compliance with
Jefferson County development codes. The risk of a lawsuit against you can be reduced by consulting with a
professional fisheries habitat biologist, and following the recommendations for site development provided by the
biologist. For more information, contact the National Marine Fisheries Service in Seattle, or the U.S. Fish and
Wildlife Service.
APPEALS:
Pursuant to RCW 36.70C,the applicant or any aggrieved party may appeal this final decision to Jefferson County Superior Court
within twenty-one(21)calendar days of the date of issuance of this land use decision. For more information related to judical
appeals see JCC 18.40.340.
The Threshold Determination for this Type I Permit may not be appealed to the Hearing Examiner. For more information related to
SEPA appeals see JCC 18
(.,,,,,,,e
3025 ( ,5_
UDC Administrator
MLA13-00165
/
JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
UNIFIED DEVELOPMENT CODE
TYPE I LAND USE PERMIT
APPLICANT: KATHLEEN DOUGLAS
REIMER DOUGLAS
2021 N 78TH ST
SEATTLE WA 98103
DATE ISSUED: February 04, 2015
DATE EXPIRES:Febrwa r y C 4, 20 i(,
MLA NUMBER: MLA13-00165
PROJECT PLANNER: Donna Frostholm
PROJECT DESCRIPTION:
Restore stream dishcarge channel location through intertidal area
PROJECT LOCATION:
Parcel Number: Open water, adjacent to Parcel Number 701 194 029, Site Address: international area west of 101
Wampum Point Road, Quilcene
CONDITIONS:
1.) This GASP permit is a conditional approval requiring the applicant to post a performance bond with DCD. Work
on this project shall not begin until DCD provides a letter stating that the above has been completed.
2.) The applicant shall implement the approved Biological Evaluation and Addendum Plan, both of which were
prepared by Marine Surveys&Assessments. The applicant shall submit an as-built within one month of
completing the mitigation work and the annual monitoring reports shall be submitted by October 31 of each
monitoring year. Plant survival shall be 100%for Year 1 monitoring and shall be at least 90% for Monitoring
Years 2 through 5, and non-native plant species shall not exceed 10% cover in any of the five monitoring years.
If ALL performance standards for the first three monitoring years are met, then a Year 4 report may not be
required. In either case, a Year 5 monitoring report shall be required.
3.) Work within the fish and wildlife habitat conservation area buffer other than as described above(and as shown
on the attached site plan) shall receive separate review from DCD.
4.) Construction shall be conducted in a manner that does not cause degradation of critical areas.
5.) PRIOR TO BEGINNING ANY WORK ON THIS PROJECT, THE APPLICANT SHALL INSTALL ORANGE
BARRIER FENCING ALONG THE EAST SIDE OF THE EXISTING CHANNEL TO ENSURE THAT THIS AREA
IS NOT DISTURBED AS PART OF RE-DIRECTING THE CHANNEL. THE FENCING SHALL BE INSTALLED
IMMEDIATELY ADJACENT TO THE UPPER LIMITS OF THE WORK AREA, AS SHOWN ON THE APPROVED
SITE PLAN. THE APPLICANT SHALL CONTACT DCD (360-379-4450) PRIOR TO BEGINNING ANY WORK
TO REVIEW THE LOCATION OF THE FENCING. ANY WORK THAT BEGINS WITHOUT PRIOR APPROVAL
FROM DCD MAY RESULT IN A STOP WORK ORDER OR ADDITIONAL MITIGATION.
6.) Native vegetation outside the work area (e.g., areas shown in green and yellow on the Addendum sheet
prepared by MSA, as submitted on January 28, 2015) shall NOT be used as mitigation; native plants outside of
the work area shall be left intact and undisturbed. Only native plants within the area to be regraded may be
used. If less than 70 native plant species are present within the work area, native plants on the plant list shall
be purchased from a nursery.
7.) Substitutions for any native plants listed on the January 28, 2015 Addendum Plan that need to be obtained from
a nursery require DCD approval prior to installation.
8.) The findings in the shoreline exemption permit apply to this CASP application and the applicant shall adhere to
all shoreline conditions (SDP13-00051).
9.) ALL WORK APPROVED BY THIS GASP SHALL BE CONDUCTED IN THE INTERTIDAL PROPERTY OWNED
BY JEFFERSON ONLY. THE APPLICANT SHALL ENSURE THAT WORK APPROVED BY THIS GASP DOES
NOT EXTEND ONTO ANY ADJACENT PROPERTIES, INCLUDING THE ADJACENT JOINTLY-OWNED
INTERTIDAL AREA TO THE SOUTH.
10.) Any work by DCD once this permit is issued (such as monitoring site visits)will be billed to the applicant based
on hourly fees in place at the time the work is conducted.
FINDINGS:
1.) The Administrator finds that this application complies with applicable provisions of the Unified Development Code, all other
applicable ordinances and regulations, and is consistent with the Jefferson County Comprehensive Plan and Land Use
map.
2.) The applicant is proposing to re-direct a channel within an intertidal area of Quilcene Bay, to restore the channel
to conditions in place prior to a winter 2008/2009 dredge approved by Washington Department of Fish and
Wildlife. Work within a fish and wildlife habitat conservation area requires mitigation, which is addressed for
this application through the critical areas stewardship plan (CASP) permitting process. As part of this process,
the applicant has submitted a Biological Evaluation (prepared by Marine Surveys&Assessments, dated July
25, 2014) and revised planting plan (prepared by Marine Surveys&Assessments, submitted January 28, 2015)
3.) A GASP permit is a conditional approval. Prior to beginning any activities approved by this permit, the applicant
is required to post a critical areas performance bond with Jefferson County Department of Community
Development(DCD). Work on this project is not to begin until DCD sends a letter stating that this has been
completed.
4.) The applicant is required to implement the approved Biological Evaluation and Addendum plan to meet CASP
requirements. This includes maintenance and monitoring of the migitation area. Failure of the applicant to
submit the as-built and monitoring reports by the due dates may result in the County using funds from the
performance bond to implement the CASP. In this case, the amount of the performance bond returned to the
applicant at the end of the monitoring period would be reduced accordingly.
5.) The findings in the shoreline exemption permit also apply to this CASP permit.
6.) NOTICE: This permit does not excuse the proponent from complying with other local, state, and federal
ordinances, regulations, or statutes applicable to the proposed development, but consistent with RCW 90.58.
Development pursuant to this permit shall be undertaken subject to the applicable policies and performance
standards of the Jefferson County Shoreline Management Master Program and the Jefferson County Unified
Development Code.
If during excavation or development of the site an area of potential archaeological significance is uncovered, all
activity in the immediate area shall be halted, and the Administrator shall be notified at once.
The Federal Endangered Species Act rules to protect threatened Chinook and Summer-run Chum salmon
became effective on January 8, 2001. Bull trout have been listed as threatened since early 2000. Under the
ESA, any person may bring lawsuit against any individual or agency that"takes" listed species(defined as
causing harm, harassing, or damaging habitat for the listed species). In addition, the National Marine Fisheries
Service can levy penalties. Development of property along any marine shoreline, freshwater shoreline, or
floodplains could harm habitat if protective measures are not taken. To minimize the potential to damage
habitat, all property owners developing adjacent to marine shoreline, freshwater shoreline, or floodplains are
advised to do the following:
-All development activities should avoid unstable slopes, wetlands, and forested areas near surface waters
- Remove minimal vegetation for site development, especially large trees
-Allow trees that have fallen into surface waters to remain there
- Infiltrate stormwater from buildings and driveways onsite through drywells rather than discharging directly into
surface waters or roadside ditches
The Federal Bald and Golden Eagle Protection Act requires landowners within 660 feet(1/8th of a mile)of an
eagle nest to consult with the US Fish and Wildlife Service. This Eagle Act prohibits anyone from "taking" bald
eagles. This federal law defines the term "take"and describes the possible legal consequences when a"take"
occurs. Among other actions, "take" includes a disturbance of bald eagles or their habitat. Under federal law a
permit may still be required for activities that impact bald eagles or their habitat. Contact the US Fish and
Wildlife Service (http://www.fws.gov/pacific/eagle/)to learn more about how this law affects your project.
Any individual, group, or agency can bring suit for a listed species"taking", even if you are in compliance with
Jefferson County development codes. The risk of a lawsuit against you can be reduced by consulting with a
professional fisheries habitat biologist, and following the recommendations for site development provided by the
biologist. For more information, contact the National Marine Fisheries Service in Seattle, or the U.S. Fish and
Wildlife Service.
APPEALS:
Pursuant to RCW 36.70C,the applicant or any aggrieved party may appeal this final decision to Jefferson County Superior Court
within twenty-one(21)calendar days of the date of issuance of this land use decision. For more information related to judical
appeals see JCC 18.40.340.
The Threshold Determination for this Type I Permit may not be appealed to the Hearing Examiner. For more information related to
SEPA appeals see JCC 18.40.810.
i
UDC Administrator
MLA13-00165
C,: Juste r, 1�l ISOYN , 1.31
- to M5 Pc
\\tidemark\data\forms\F_MLT_IssuePermit_case_U.rpt 2/4/2015
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