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Home My WebLink About2961-407 Jeanie Orr G,L1H\ VvU-.17 (JMtl)n~ Page 1 of 1 "2 q lP( From: David S. Mann [mann@gendlermann.com] Sent: Monday, February 02,20092:08 PM To: #Long-Range Planning Subject: Shoreline Comments (5) Hello: I found a minor error in the letter I submitted Friday afternoon for Bruce Nordstrom Will you please provide the courtesy of replacing the letter I sent in on Friday with the attached corrected version. Thank you. David S. Mann GENDLER & MANN, LLP 1424 Fourth Ave, Suite 1015 Seattle, W A 98101 Tel: 206.621.8868 (main) Tel: 206.621.8869 (direct) Cell: 206.356.0470 Fax;: 206.621-0512 www.gendlermann.com 2/2/2009 ~ Le;Mtv GENDLER & MANN, LLP ATfORNEYS-AT-LAW MICHAEL W. GENDLER- DAVID S. MANN KEITH P. SCULLY BRENDAN W. DONCKERS 1424 FOURTH AVENUE, SUITE 1015 SEATTLE WA98101 www.Rendlermann.com (206) 621-8868 Fax (206) 621-0512 mann(iqRendlermann.com direct (206) 621-8869 -Also admitted in Oregon January 30, 2009 Jefferson County DCD Long Range Planning 621 Sheridan Street Port Townsend, W A 98368 Sent via email to:planning@cojefferson.wa.us Re: Comments on Shoreline Master Program Update Dear Planning Commission: I write on behalf of Bruce Nordstrom and offer the following comments on the draft Shoreline Master Program Update currently before you for consideration. Mr. Nordstrom grew up on the Hood Canal shoreline and has spent a great deal of his life visiting and enjoying the area. Like many in Jefferson County, he enjoys the Hood Canal immensely and wishes to see it preserved and restored so that it fully supports and protects water quality, shoreline habitat, fish and wildlife, and so that future generations will be able to fully enjoy this natural treasure. At the outset, we commend both the Planning Commission and staff for all of your hard work on the update. Contrary to some of the outspoken critics, the updates will not shut down development in Jefferson County. To the contrary, the updates will generally allow future growth, allow property owners to use and enjoy their property and allow for the protection of Puget Sound. Weare deeply concerned, however, with provisions in the proposed SMP update that allow industrial activity, specifically mining and mining transportation to occur along the shoreline of Hood Canal- a shoreline of statewide significance. Hood Canal needs to recover. It cannot do so if the County permits additional intensive uses over or adjacent to this important habitat. Specifically, at least the following provisions should be changed: Article 8.2.B.l, 8.2.B.2, and 8.2.BA should be amended to prohibit industrial or commercial docks over priority aquatic habitat, aquatic habitat and the Conservancy environment. Article 8.5.B.2 and 8.f.BA should be amended to prohibit industrial development within ~, Jefferson County Planning Commission January 30, 2009 Page 2 the aquatic habitat and Conservancy environment. Article 8.6.C.2 and 8.6.CA should be amended to prohibit mining and mining related development (including piers or loading facilities) within the aquatic habitat and conservancy environment. As currently written, these articles appear to allow development of mining related transportation piers and other intense industrial activities in the conservancy environment. We believe this is inconsistent with the shoreline master program guidelines. According to WAC 173-26- 211(5)(b), uses appropriate in the conservancy environment "include low-impact outdoor recreational uses, timber harvesting on a sustained-yield basis, agricultural uses, aquaculture, low intensity residential development and other natural resource based low-intensity uses. " High intensity uses are not appropriate in the conservancy environment. Further, and more importantly, as recognized in Article 5 (at page 5-1) of the proposed update, the SMA specifically spells out, in order, the policies for development within shorelines of statewide significance. None of the 7 identified policies allow for industrial or mining related development on a shoreline of statewide significance. Uses inconsistent with the identified policies are prohibited. The use regulations in the proposed update should be amended to make abundantly clear that new industrial or mining related development inconsistent with the identified shoreline of statewide significant policies are prohibited within shorelines of statewide significance, including specifically Hood CanaL Once again, we thank you for your time and efforts to protect, preserve and restore the shorelines through these critical updates. Please do not hesitate to contact me if you have any questions. Very truly yours, GENDLER & MANN, LLP David S. Mann cc: Client