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HomeMy WebLinkAboutSHR2006-00029 Port of Allyn - SHR Permit / Conditions ^ f -r E ' � Ep rr 7MCCCD RE 3 0 2004 STATE OF WASHiNGTON PLANNING DEPARTMENT OF ECOLOGY P.O. Box 47775 • Olympia, Washington 98504-7775 • (360) 407-6300 September 24, 2004 REGISTERED MAIL RB 252 878 369 US ' ( a a ao - 0 4'�O o 1 The Port of Allyn + '4 18560 E SR 3 PO Box 1 Allyn,WA 98524 RE: Water Quality Certification Number 1694 for Corps Public Notice 200201054 to replace an existing boat ramp and install a boat access float in North Bay on Case Inlet,Mason County, Washington The Joint Aquatic Resource Application(JARPA)prepared on March 15,2004 for proposed work in and near the North Bay on Case Inlet,Mason County has been reviewed. On behalf of the State of Washington,we certify that the work proposed in the application complies with applicable provisions of Sections 301, 302, 303, 306 and 307 of the Clean Water Act,as amended,and other appropriate requirements of State law. This letter also serves as the State response to the Corps of Engineers. Pursuant to Section 307(c)(3)of the Coastal Zone Management Act of 1972 as amended, Ecology concurs with the applicant's determination that this work is consistent with the approved Washington State Coastal Zone Management Program. This concurrence is based upon the applicant's compliance with all applicable enforceable policies of the Coastal Zone Management Program, including Section 401 of the Federal Water Pollution Control Act. • This certification concurrence is subject to the conditions contained in the enclosed Order. If you have any questions,please contact Jo Sohneronne at(360)407-6926. The enclosed Order may be appealed by following the procedures described in the Order. ;PeLund, Unit Supervisor Regional Office Shorelands and Environmental Assistance Program PJL:JS:dn Enclosure cc: The Kirkbride Group US Army Corps of Engineers Seattle District Dave Molenaar,WSDFW,Region 6 Office Rick Mraz,Mason County Planning Department IN THE MATTER OF GRANTING ) ORDER#1694 A WATER QUALITY ) Corps No.2002001054 CERTIFICATION TO ) Replace boat ramp and install floating Port of Allyn ) docks at the Port of Allyn Boat Launch, in accordance with 33 U.S.C. 1341 ) on the North Bay in Case Inlet in Mason FWPCA § 401,RCW 90.48.120, ) County,Washington RCW 90.48.260 and WAC 173-201A ) TO: Port of Allyn PO Box 1 Allyn,WA 98524 On March 15, 2004,a Joint Aquatic Resource Permit Application(JARPA)requesting-a water quality certification from the State of Washington was received for the above-referenced project pursuant to the provisions of 33 U.S.C. 1341 (FWPCA§ 401). The proposed project involves replacing an existing 145 by 16 foot boat ramp,installing six 8 by 20 foot floats and two 12-in diameter guide piles. Seventy cubic yards of rock ballast and 35 cubic yards of poured in place concrete will be required for reconstruction of the ramp. The project is located at 118560 E State Route 3,Allyn,Mason County,Washington. AUTHORITIES: In exercising authority under 33 U.S.C. 1341, 16 U.S.C. 1456,RCW 90.48.120,and RCW 90.48.260, Ecology has investigated this application pursuant to the following: 1. Conformance with applicable water quality-based, technology-based, and toxic or pretreatment effluent limitations as provided under 33 U.S.C. Sections 1311, 1312, 1313, 1316, and 1317(FWPCA Sections 301, 302, 303, 306, and 307); 2. Conformance with the state water quality standards as provided for in Chapter 173-201A WAC authorized by 33 U.S.C. 1313 and by Chapter 90.48 RCW, and with other appropriate requirements of state law; and, 3. Conformance with the provision of using all known, available, and reasonable methods to prevent and control pollution of state waters as required by RCW 90.48.010. WATER QUALITY CERTIFICATION CONDITIONS: In view of the foregoing and in accordance with 33 U.S.C. 1341,RCW 90.48.120,RCW 90.48.260 and Chapter 173-201A WAC, certification is granted to Port of Allyn-(Port) subject to the following conditions: A. No Further Impairment of Existing Water Quality Al. North Bay(WRIA14, Segment WA-PS -1090) is a Class A water of the state. Certification of this proposal does not authorize the Port to exceed applicable state water quality standards(173-201A WAC)or sediment quality standards(Chapter 173-204 WAC). Water quality criteria contained in WAC 173-201A-030(2) and WAC 173-201A-040 shall apply to this project. Furthermore,nothing in this r Port of Allyn September 24, 2004 Page 2 certification shall absolve the Port from liability for contamination and any subsequent cleanup of surface waters or sediments occurring as a result of project construction or operations. A2. Per WAC 173-201A-110(3), a temporary turbidity mixing zone is allowed immediately after necessary in-water construction activities that result in the disturbance of in-place sediments. Under no circumstance shall the following standard be exceeded beyond a radius of one hundred fifty feet from the activity causing the turbidity exceedance: (1) 5 NTU over background when the background turbidity is 50 NTU or less; or (2) more than a 10 percent increase in turbidity when the background is more than 50 NTU. B. Timing: B 1. This Order shall be valid during construction activities and is valid until the Corps of Engineers 404 permit expires B2. Work below the ordinary high water mark shall not occur between March 15 and June 14 of any given year. B3. Work below the ordinary high water line from July 1 through December 31 and Janaury 1 through March 31 of any year may occur only if approved by a habitat biologist from the Washington Department of Fish and Wildlife as required in Hydraulic Project Approval ST-F0894-02. C. Notification Conditions: Cl. The Port shall notify Ecology's Southwest Regional Office Federal Permit Coordinator seven(7) days prior to the start of work below the ordinary high water mark of the North Bay. C2. The Port shall notify Ecology's Southwest Regional Office Federal Permit Coordinator within fourteen(14)days after completion of construction. C3. The Port shall ensure that all appropriate project engineers and/or contractors at the project site shall have read and understand relevant conditions of this Order and all permits, approvals, and documents referenced in this Order. The Applicant shall provide Ecology a signed statement(see Attachment#A for an example) from each project engineer and/or contractor that they have read and understand the conditions of this Order and the above-referenced permits,plans,documents and approvals. These statements shall be provided to Ecology before construction begins at the project or mitigation sites. NOTE: These notifications shall include the applicant's name,project name,project location, the number of this Order, contact and contact's phone number. D. Monitoring Conditions: D.1 Turbidity shall be assessed and recorded at least every two (2)hours during in-water activities. Monitoring points shall be at 200 feet(representative background), 150 feet, and at the discharge point. A turbidimeter is recommended,however, visual gauging of turbidity is acceptable. r Port of Allyn September 24,2004 Page 3 D2. If water quality exceedances are observed outside the turbidity mixing zone, in- water work shall cease immediately and the applicants, their agent or contractor shall contact Ecology's Southwest Regional Federal Permit Coordinator at 360 407- 6926. D3. If the results of the monitoring show that the water quality standards or project performance standards are not being met additional monitoring and mitigation may be required. E. Construction Conditions: El. Work in or near waters of the state shall be done so that it minimizes turbidity, erosion,and other water quality impacts. Construction stormwater, sediment, and erosion control best management practices suitable to prevent exceedances of state water quality standards shall be in place before starting clearing work at the site. E2. No existing shoreline material(i.e.,logs,rocks,gravel cobbles,woody debris or other bed material) shall be relocated or used as bulkhead armor, as fill,or for any other purpose except that bed material located exactly where new pilings and footings are to be placed may be relocated. E3. Uncured concrete and concrete by-products shall be totally contained using sealed forms or other leak-proof containment systems, and not allowed to contaminate or enter the Case Inlet. E4. All construction debris shall be properly disposed of upland so that it cannot enter a waterway or wetland or cause water quality degradation to state waters. E5. Wash water containing oils, grease, or other hazardous material resulting from wash down of equipment or working areas shall be contained for proper disposal, and shall not be discharged into state waters or storm drains. E6. Any wooden dock components,piling,pier support,and other materials composed of pressure treated wood shall be professionally and commercially produced and chemically fixed in accordance with all current best management practices as contained in the Western Wood Preservers Institute's latest edition of"The Best Management Practices for the Use of Treated Wood in Aquatic Environments." ET No wood,metal, or concrete preservatives,paints, sealers, glues,epoxies, chemicals, or other substances harmful or toxic to fish or shell fish shall be applied to the pier system once it has been placed within or over the ordinary high water mark of the North Bay. E8. The Port shall ensure that fill used for the proposed project does not contain toxic materials in toxic amounts. F. Emergency/Contingency Measures: Fl. In the event the Port is unable to comply with any of the conditions in this Order due to any cause, or distressed or dying fish are observed in the vicinity of the project, the Port shall: Fla. Immediately take action to stop, contain, and clean up unauthorized discharges or otherwise stop the violation and correct the problem. F lb. Notify Ecology of the failure to comply. Spill events shall be reported immediately to Ecology's 24-hour spill response team at(3,60)407-6300, and within 24 hours to Ecology's Southwest Regional Office Permit Coordinator at(360)407-6926. Port of Allyn September 24, 2004 Page 4 Flc. Submit a written report to Ecology within five days that describes the nature of the violation,corrective action taken and/or planned, steps to be taken to prevent a recurrence,results of any samples taken, and any other pertinent information. Compliance with this condition does not relieve the Port from responsibility to maintain continuous compliance with the terms and conditions of this Order or the resulting liability from failure to comply. F2. Fuel hoses,oil drums,oil or fuel transfer valves and fittings, etc., shall be checked regularly for drips or leaks, and shall be maintained and stored properly to prevent spills into state waters, including wetlands. G. General Conditions: G1. This Order does not authorize direct,indirect,permanent,or temporary impacts to waters of the state or related aquatic resources, except as specifically provided for in conditions of this Order. G2. This certification does not exempt the Port from, and is conditioned upon compliance with, other statutes and codes administered by federal, state,and local agencies. G3. The Port shall construct and operate the project in a manner consistent with the project description contained in the JARPA,or as otherwise approved by Ecology. G4. The Port shall reapply with an updated application if the information contained in the Public Notice is voided by subsequent submittals to the federal agency. Any future action at this project location,emergency or otherwise,that is not defined in the public notice, or has not been approved by Ecology, is not authorized by this Order. All future actions shall be coordinated with Ecology for approval prior to implementation of such action. G5. The Port shall provide access to the project site upon request by Ecology personnel for site inspections,monitoring,necessary data collection, or to ensure that conditions of this Order are being met. G6. Copies of this Order and all related permits, approvals, and documents shall be kept on the project site and readily available for reference by the project managers, construction managers and foremen, other employees and contractors of the Port, and state agency personnel. G7. Ecology retains continuing jurisdiction to make modifications hereto through supplemental Order, if it appears necessary to further protect the public interest. G8. Nothing in this Order waives Ecology's authority to issue additional orders if Ecology determines further actions are necessary to implement the water quality laws of the state. Further,Ecology retains continuing jurisdiction to make modifications hereto through supplemental order,if additional impacts due to project construction or operation are identified(e.g.,violations of water quality standards, downstream erosion,etc.),or if additional conditions are necessary to further protect the public interest. G9. Any person who fails to comply with any provision of this Order shall be liable for a penalty of up to ten thousand dollars($10,000)per violation for each day of continuing noncompliance. r Port of Allyn September 24, 2004 Page 5 Any person aggrieved by this Order may obtain review thereof by appeal. Port of Allyn can appeal up to 30 days after receipt of the permit,and all others can appeal up to 30 days from the postmarked date of the permit. The appeal must be sent to the Washington Pollution Control Hearings Board,P.O.Box 40903,Olympia,WA 98504-0903. Concurrently,a copy of the appeal must be sent to the Department of Ecology, Shorelands and Environmental Assistance Program,Attn: Loree' Randall,P.O.Box 47600,Olympia, WA 98504-7600. These procedures are consistent with the provisions of Chapter 43.21B RCW and the rules and regulations adopted thereunder. Dated ` "� y y at Lacey,Washington Perry J Lund,USupervisor Shoreland�,afid Environmental Assistance Program Department of Ecology—Southwest Regional Office Attachment#A Water Quality Certification Statement of Understanding state that, as an agent or contractor for the replacement and expansion of the boat ramp,construction of floating docks,and regarding and restoration of the riverbank immediately upstream of the ramp and docks at the Port of Allyn on North Bay in Case Inlet, I have read and understand the relevant conditions of Washington Department of Ecology Water Quality Certification Order#1694 and the applicable permits and approvals referenced therein which pertain to the project-related work for which I am responsible. Signature Date Title Company Phone Number 5 ©v o--9 MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Courthouse Annex P.O.Box 279,Shelton,WA 98584 (360)427-9670 SHORELINE PERMIT APPLICATION PERMIT NO. SHORELINE SUBSTANTIAL DEVELOPMENT X SHORELINE VARIANCE SHORELINE CONDITIONAL USE DATE RECEIVED SHORELINE EXEMPTION ents within The Washington State Shoreline comply with its admit Act nistratiCW vee pr8) requires that substantial ocedures(WAC 1 3 14)and the provisions of the designated shorelines of the s p Y local program is to Mason County Shoreline Management The program requie that Program.substan The tial developmentose of this c(an ydevelop development of whicprotect the h the total coststate's shoreline ret value p cost li fair mark Stte be reviewed eds with he goals, polices interferes nd performances normal standards established shedlic use f the water or in the Master shorelines of the Program. y additional information that my further describe the proposed Answer all questions completely. Attach an development. Incomplete applications will be returned. x ptc ,Act1..yl�l APPLICANT: A Iss6o F • ADDRESS: sQ--3 (street) Ork, K (zip) (city) (state) TELEPHONE: (home) (business) AUTHORIZED REPRESENTATIVE: ADDRESS: (street) G�g503 (state) (Z1p) (city) 3 (Po0 0 TELEPHONE: PROPERTY DESCRIPTION: General location(include property address,water body and associated wetlands—identify the name of the shoreline): 6P Se.-3 AT -Cvw-- t� �tTT Te O� l.Of.JActbfJ � t , OF �.! (3 T (,7.AV,.--P I/R-c'r !A 1 S DGZtN� ST. -f c.Prs6 �wuE-t Is,d¢.Tth �• t quarter, quarter ion or tude and Legal description crest minute. Projects locateddinange opento the water areassaway from lad shalltprovidelailongitude longitude to the nearest m location)-include all parcel numbers: 5 T 2-22 N4 I R_t W L-0^A4 . ,� � i�lo. l2Zto �o�ovl Contract OWNERSHIP: purchaser (Identify) Other Applicant_ — Owner X Lessee Owner: l 85 coo sk--3 a,. P.O. (street) q 0 5Me-ODOI (zip) (state) (city) DEVELOPMENT DESCRIPTON sed project,including the type of materials to be used,construction Development(identify and describe the propo methods,principle dimensions,and other pertinent information): t t5F A �Nc,£G'2 /k7�1� vlp CrTMS T2JLTt rug �.%�ir►-c D21,k/i Ai r►R,. ��•� A#, A-u-L S t� DGLT 2tk) 1N�-w,..vOtt.Jb► 51'►o�t*�!� . 'Tl�£ ���E 5-re4icrva6 IS Wt'[tdt�l 25'O 5 Ac�•SO �S wP�t� ObPt7�bG"t-t' -� �6�.v£ go��t.E�t? Use(identify current use of property with exist improvements: C.,j 9A0*rTt—`1 Jt7Z� ?p SE�G-v-r- —�µU�l_ L"70C�IL LOL..Jh't'�61J � 5T¢�etivoz, �S ors rtrcbtdrb�- CiO-00nto WITH rWNtevW �sL�o�yKdsf '[b 100' S!'ro�v��w1E BUPFt�. Reason for requesting development: o 6e-J 6 6t.t a C b-i' E �/!S�T t t j f 6e t war+JrD i2£^1tuNA1 pgP6rz-ri -tQ�aMtiS ? = A4E+ r� -to SE,e✓E PAr26r5. ACKO W LEDGEMENT e,to the best of my knowledge and belief,the forgoing information and all attached information is I hereby dc�c true and c rrect. 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'C'�' o m n sneering 1 ,np0 Elevations g "� 'nd° o (� Phme:360-438-0301ED DATES m ON.STgTF MASON COUNTY o Py A a N DEPARTMENT OF COMMUNITY DEVELOPMENT r o N Z Planning Division T Y, P O Box 279, Shelton, WA 98584 Z� N ti (360)427-9670 1864 NOTIFICATION OF SHORELINE PERMIT APPROVAL February 05, 2007 PORT OF ALLYN PO BOX 1 ALLYN WA 98524 Case No.: SHR2006-00029 Parcel No.: 122205006910 Project Description: RESTROOM FACILITY Dear Applicant: Your Substantial Development was approved at the county level. Shortly after the approval was granted, you received or will receive a letter from the Department of Ecology (DOE) indicating that a 21-day review period has been initiated. Upon completion of the review period, it is your responsibility to obtain any building permits needed. If you submitted a building permit prior to the granting of your Substantial Development, please notify us so that we can pull your folder and circulate the building permit to the appropriate departments for their approval. Construction will not be authorized until completion of the review period or resolution of any appeals. A building permit is good for six months, with one six month extension possible if requested prior to termination of the initial six month period. With a Substantial Development, construction must begin within two years of approval and be completed within five years from the date of approval. Please contact me at (360)427-9670, ext. 593 if you have questions. Sincerely, Rebecca Hersha Land Use Planner Mason County Planning Department PyoN-STAr, MASON COUNTY C DEPARTMENT OF COMMUNITY DEVELOPMENT O AO N } S N Planning Division o Y ti P O Box 279, Shelton, WA 98584 (360)427-9670 1864 Case No.: SHR2006-00029 SHORELINE PERMIT STATUS: ISSUED Received: 10/19/06 Issued: 2/5/07 Expires: 2/5/10 Type of Permit: Sub. Dev. Applicant: PORT OF ALLYN PO BOX 1 ALLYN, WA 98524 Location of Project: FORM SR3 TURN EAST ONTO DRUM STREET TO CASE INLET IN PUGET SOUND Within NORTH BAY and/or its associated wetlands. The projectwill not be within shorelines of statewide significance. Shoreline Designation: Urban Parcel Number: 122205006910 Address: 18518 E STATE ROUTE 3 ALLYN Legal Description: ALLYN BLK: 6-1/2 LOT: 10 Project Description: RESTROOM FACILITY This permit has been granted by Mason County persuant to the Shoreline Management Act of 1971 and nothing in this permit shall excuse the applicant from compliance with any other federal, state or local statutes, ordinances or regulations applicable to this project but not inconsistent with the Shoreline Management Act. (Chapter 90.58 RCW). This permit may be rescinded pursuant to RCW 90.58.140(7) in the event the permittee fails to comply with the terms and conditions hereof. CONSTRUCTION PURSUANT TO THIS PERMIT WILL NOT BEGIN OR IS NOT AUTHORIZED UNTIL THIRTY(30) DAYS FROM THE DATE OF FILING THE FINAL ORDER OF THE LOCAL GOVERNMENT WITH THE REGIONAL OFFICE OF THE DEPARTMENT OF ECOLOGY AND THE ATTORNEY GENERAL, OR UNTIL ALL REVIEW PROCEEDINGS INITIATED WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH FILING HAVE TERMINATED. P�ON_S7gTFO� MASON COUNTY M C � DEPARTMENT OF COMMUNITY DEVELOPMENT S N Planning Division ? o T �? P O Box 279, Shelton, WA 98584 �0 Y 0 (360)427-9670 1864 MEP2006-00068 NOTICE OF MASON ENVIRONMENTAL PERMIT Notice is hereby given that PORT OF ALLYN, who is the owner of the described property, has filed an application on 10/19/2006 for a Mason Environmental Permit for the development of: RESTROOM FACILITY A determination of completeness was made on: 10/31/2006 Site Address: 18518 E STATE ROUTE 3 ALLYN Parcel Number: 122205006910 Location of Project: FORM SR3 TURN EAST ONTO DRUM STREET TO CASE INLET IN PUGET SOUND Within: NE (quarter section) of Section: 20 Township: 22 N Range: 1 W, W.M. in, Mason County Washington. Said development is proposed at Public Restroom/Shower Facility 63' from Case Inlet. Any person desiring to express their view or to be notified of the action taken on the application should notify: MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT P O BOX 279 SHELTON, WA 98584 Written comments must be received by 11/20/06. A decision on the application will be made within 120 days of the date of completeness MEP2006-00068 Port of Allyn Restroom Facilities Habitat Management Plan Prepared for: Port of Allyn PO Box 1 Allyn, WA 98524 Prepared by: Chris Fairbanks Fairbanks Environmental Services 517 Briar Road Bellingham, WA 98225 December 27, 2006 Port of Allyn Port of Allyn Restroom Facilities Habitat Management Plan Table of Contents Introduction................................................................................................................................. 1 ProjectDescription ..................................................................................................................... 1 Projectt Purpose........................................................................................................................... 1 ProjectNeed................................................................................................................................ 2 AffectedEnvironment................................................................................................................. 2 ProjectImpacts ........................................................................................................................... 2 Endangered Species Act and Effects Determination.................................................................. 3 ConservationMeasures............................................................................................................... 5 LiteratureCited........................................................................................................................... 5 Attachments Photograph 1. Aerial view of the Town of Allyn showing developed shoreline and mixed forest upland...............................................................................................................................................6 Photograph 2. Waterfront Park parking area and location of proposed restroom facilities............6 December,2006 Fairbanks Environmental Services The Kirkbride Group i Port of Allyn Introduction The town of Allyn is located on North Bay of Case Inlet in Mason County. It has a population of approximately 2,000 and is the fastest growing area in the county with a steady growth rate of 7%over the past four years. The Port of Allyn has renovated the Waterfront Park which is extensively used by residents and visitors. The park area consists of a large lawn with ornamental flowers and scrubs with a large gazebo to provide a shelter for events such as picnics and weddings. The proposed restroom construction project will provide permanent restroom and comfort facilities that are currently being provided using temporary sanitary stations(sani-cans). Location The proposed project is in the town of Allyn, east of State Route 3 in the Port of Allyn's Waterfront Park NE qtr section, Section 20, Township 22N,Range 1 W; Mason County parcel 122205008001. The project vicinity map is attached as Sheet 1 of 4. Photo 1 shows an aerial view of the town of Allyn and Photo 2 shows the location of the proposed restrooms. The proposed building would be constructed 63 feet from the Ordinary High Water(OHW). Project Description The Port of Allyn is proposing to construct a 248 square foot restroom facility that will provide one Americans with Disabilities Act(ADA)compliant bathroom, one changing room with shower and three additional bathrooms. This facility will replace the sani-cans that have been used to provide temporary restroom services. The proposed structure will replace an existing concrete pad where a sewage holding tank for the marine pump out unit was connected until 2001 when the Allyn sewer system became operational. The tank has already been removed. A connection to the Allyn sewer system and potable water are available on site. Excavation will be needed only for removal of the existing concrete pad to excavate for footings and the foundation of the building. The restroom can,therefore,be completed relatively quickly. The temporary sani-cans are between the proposed site and the parking lot, and approximately 50 feet from Ordinary High Water(OHW). This location was chosen to provide easy access from both the parking lot and the park's gazebo and dock, and to avoid removing trees from the park, and because this ground has previously been disturbed. Construction of the proposed restroom is anticipated to take no more than six weeks and cost approximately$30,000. The Port of Allyn would provide all necessary maintenance of the facility after completion. Project Purpose The Allyn Waterfront Park is a popular destination for both local community members and regionally. Use of the park gazebo is generally reserved for every weekend from May through September for weddings, community events and other functions. The purpose of the proposed project is to replace the temporary sani-cans with a permanent well designed restroom facility that will also provide changing rooms in conjunction with gazebo rentals and showers for visiting boaters. October,2006 Fairbanks Environmental Services The Kirkbride Group 1 Port of Allyn Project Need The proposed project is needed to provide park guests and visiting boaters with permanent restroom facilities that will include one ADA compliant restroom, one changing room with a toilet and shower, and three additional restrooms. Currently park users are provided with commercial sani-cans. This service was intended as a temporary solution while design and permitting of a permanent restroom facility was completed. The sani-cans are not secured to the ground and consequently there is a risk of being tipped over either by strong winds or vandalism which would result in spillage of sewage and treatment chemicals. Affected Environment The Port of Allyn park area consists of a large lawn with ornamental flowers and shrubs and a few large trees. This vegetation provides limited habitat for birds and small mammals. The location of the proposed restroom facility is near the parking lot and is covered with a concrete pad. This location was chosen to provide the best access and to avoid removing any trees. Washington State Department of Fish and Wildlife (WDFW)Priority habitat and species maps show four bald eagle nests with three eagle management areas associated with the nest. Two of these nests are 1.3 miles northeast on the opposite side of Case Inlet and two other nests are 1.5 miles south of the project area. The proposed project is 0.8 miles (4,224 ft) from the shoreline nest buffer associated with the northeastern nests and 0.9 miles(4,752 ft) from the shoreline nest buffer associated with the southern nests. No critical habitat features or nesting areas for marbled murrelets, northern spotted owls or any other listed terrestrial species were identified on the WDFW priority habitat and species maps (WDFW 2006). The shoreline of the Town of Allyn is typical of a protected inlet with deposition of fine sediment in the nearshore with a mixed gravel and sand beach (Photo 4). The beach is a documented surf smelt spawning area however sand lance,Pacific herring, and rock sole spawning has not been documented(WDFW 2006). Case Inlet is included in the critical habitat area for Puget Sound chinook salmon ESU however it is not included as critical habitat for bull trout(70FR52630, 70FR56212 respectively). Case Inlet is not connected to Hood Canal and therefore is not included as critical habitat for Hood Canal summer run chum salmon. Project Impacts Construction of the restroom facilities would require disturbance of the native soil that has previously been disturbed. A small area of excavation will be required to prepare for construction concrete footings and foundation. After these have been complete the native soil will be used to backfill the disturbed area. The contractor will follow Best Management Practices for construction and stormwater pollution prevention(Ecology 2005)to avoid and minimize erosion and transport of sediment from the construction site. October, 2006 Fairbanks Environmental Services The Kirkbride Group 2 Port of Allyn Direct Effects Construction of the proposed restroom facility would disturb soil in the existing park area where soil has previously been disturbed. Direct effects of construction would be transport of sediment from the construction site by storm water and enter Case Inlet causing an increase in sediment load and increased turbidity. In addition,noise from construction could potentially impact feeding and breeding behavior of bald eagle. Indirect Effects Indirect effects include the potential for increased usage of the park area that would lead to an incremental increase in traffic flow. Endangered Species Act and Effects Determination Federally listed species that may be affected by the proposed Port of Allyn restroom facilities construction project are listed below: Table 1. United State Endangered S ecies Act listed s ecies for Mason County, Washin on State. Species' status Jurisdiction effect Bald eagle (Haliaeetus leucoce halus) T USFWS-' No effect Marbled murrelet (Brachyram hus marmoratus) T USFWS No effect Critical habitat for marbled murrelet USFWS No effect Northern spotted owl Strix occidentalis caurina T USFWS No effect Critical habitat for northern spotted owl USFWS No effect Coastal Puget Sound Bull trout T USFWS No effect (Salvelinus con uentus) -T Coastal Puget Sound Bull trout critical habitat—T— USFWS No effect Puget Sound ESU chinook salmon T NMFS No effect (Oncorh nchus tsha tscha Puget Sound ESU Chinook salmon critical habitat NMFS No effect 1. List from USFWS: IM://westemwasliington fivs izov/se/SE List/mason.htm NOAA Fisheries: http•//www.nwr.noaa.vov/esalist.htm 2. Status: Threatened or Endangered. 3. United States Fish and Wildlife Service. 4. Not likely to adversely affect. Bald Eagles Four bald eagle nests have been documented in North Bay of Case Inlet(WDFW 2006). Two of these nests are 1.3 miles northeast on the opposite side of the inlet and two other nests are 1.5 miles south of the project area. Bald eagle management areas have also been designated by WDFW. The proposed project is 0.8 miles(4,224 ft) from the shoreline nest buffer associated with the northeastern nests and 0.9 miles(4,752 ft) from the shoreline nest buffer associated with the southern nests. To protect bald eagles during construction of federally permitted projects, the following guidelines have been established: October,2006 Fairbanks Environmental Services The Kirkbride Group 3 Port of Allyn a) No construction activity shall occur within t/4 mile of an occupied bald eagle nest, nocturnal roost site, or wintering concentration area, within the following seasonal work prohibition times. b) No construction activity shall occur within %Z mile by line of sight of an occupied bald eagle nest,nocturnal roost site, or wintering concentration area,within the following seasonal work prohibition times. Since the proposed restroom facilities would be constructed at a distance greater than 0.5 miles from the bald eagle nest and bald eagle management areas,the project would avoid and minimize impacts to bald eagles and will not impact the their food base. Therefore,the proposed project will have no effect on individual bald eagles or populations in the project vicinity. Marbled Murrelet and Northern Spotted Owl No critical habitat features or nesting areas for marbled murrelets,northern spotted owls or any other listed terrestrial species were identified on the WDFW priority species and habitat maps (WDFW 2006). The proposed project will have no effect on marbled murrelets and northern spotted owls and their respective critical habitat. Bull Trout Bull trout may be present in Case Inlet during the period of construction of the proposed project however, Case Inlet is not included as critical habitat for bull trout(70FR56212) and therefore the project will have no effect on this habitat. The proposed project would occur shoreward of ordinary higher high water and appropriate BMPs will be used to avoid and minimize the transport of sediment into streams and marine waters. The proposed project will have no effect on Coastal/Puget Sound bull trout Juvenile native char are isolated from the proposed project because of their freshwater distribution. Chinook Salmon Puget Sound ESU chinook salmon spawning has been documented in Coulter Creek at the head of Case Inlet and Sherwood Creek at the south end of the town of Allyn. The proposed project would occur 63 feet shoreward of ordinary higher high water and appropriate BMPs will be used to avoid and minimize the transport of sediment into streams, shoreline and marine waters. The proposed project will have no effect on Puget Sound ESU chinook salmon. Case Inlet is included in the critical habitat area for Puget Sound chinook salmon ESU (70FR52630). Because the project activities would occur shoreward of ordinary higher high water and appropriate BMPs will be used to avoid and minimize the transport of sediment into streams and marine waters the project would have no effect on the critical habitat for Puget Sound chinook salmon. October,2006 Fairbanks Environmental Services The Kirkbride Group 4 Port of Allyn Conservation Measures To avoid and minimize the potential for transportation of sediment off the construction site and erosion of sediment after construction has been completed the contractor will follow the BMPs described in Stormwater management manual for western Washington;Vol 2. Construction stormwater pollution prevention(Ecology 2005). In particular, the following BMPS will be utilized where appropriate: C 101: Preserving natural vegetation; C 102: Preserving buffer zones; C 120: Temporary and permanent seeding; C 121:Mulching bare ground; C 230: Straw bale barriers; C 233: Silt fence barriers. Literature Cited Washington State Department of Ecology(Ecology). 1992 Shoreline photos: hM?://gpps.ecy.wa.gov/shorephotos/scripts/bigphoto.asp?id=MAS0241 Washington State Department of Ecology(Ecology). 2005. Stormwater management manual for western Washington;Vol 2.Construction stormwater pollution prevention. Olympia,WA. Washington State Department of Fish and Wildlife(WDFW)2006. Priority habitat and species maps in the vicinity of T22 RO1W Section 20. March 20,2006. October, 2006 Fairbanks Environmental Services The Kirkbride Group 5 Port of Allyn Y fa �' Photo 1. Aerial view of the Town of Allyn showing developed shoreline and mixed forest upland. (Ecology 1992) 7 � R Sr i c"b �1 f ro- Photo 2. Waterfront Park parking area and location of proposed restroom facilities. October, 2006 Fairbanks Environmental Services The Kirkbride Group 6 w /j� PERMIT NO.: /MC P, o 4)00 g DATE RECEIVED:_ MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT RESOURCE ORDINANCE (Chapter 17.01 MCC) 411 N. 5TH Street/P.O. Box 279, Shelton, WA 98584 ENVIRONMENTAL PERMIT APPLICATION MASON ENVIRONMENTAL PERMITX CONDITIONAL USE VARIANCE ❑ The purpose of the Resource Ordinance is to protect Mason County's natural resource lands and critical areas and is under the authority of Chapters 36.32, 36.70A, 39.34, 58.17, 76.09, 84.33, 84.34 and 90.58 RCW. PLEASE PRINT 1. Owner: Down op� A;4 4&4 Owner Mailing Address: P.o. B� Site Address: 18 S('O e . S 2.-3 City: State: fA/ifY- Zip:C1 Ss Z4r ges2,4 City: Ai-&-)(N State W& Zip: Lien/Title Holder rJ/A Phone: Daytime(3`O ) 2'1S. 2430 Address: Fire District#: S City: State: Zip: Signature: �- 2. Parcel Number. 12-7-2-0 -q0- S d0 I Legal description: Pmkw, S ZD, -r ZZAl, 2 I►4/ Parcel Size: PLPa4en LhT-5 L A IA-Y,4 BL-L: la Lo-rs i-►o at-ir., L uTs 2.-I a S LIL I,D LATS 1-2.o Z V A� /ILLS y ��• Al2.3.0�►J h VAC- c."o-o5S 3. D.irections to site: LbC=dbmm E o c S f2-3 , 'Du 6 opt 'DQ%J r1 S"r 2c-e-r I N. ALL.W/N L.Pcs E 1 Al L�T . N -T b4 3 A y State what sections require a permit: In-Holding Lands, Chapter 17.01.062 L 4' Long-Term Commercial Forest,Chapter 17.10.060 ❑ Wetlands, Chapter 17.01.070 C Mineral Resource Lands,Chapter 17.01.066 ❑ Frequently Flooded Areas, Chapter 17.01.090 L Aquifer Recharge Areas,Chapter 17.01.080 ❑ Landslide Hazard Areas,Chapter 17.01.100 C Erosion Hazard Areas,Chapter 17.01.104 ❑ Seismic Hazard Areas,Chapter 17.01.102 C Fish and Wildlife Habitat Conservation Areas, Chapter 17.01.110 w. �4 5. Identify current use of property with existing improvements: e—u Q a ►-��� �e,r� ,4-s Q��c.��y ebc a�,ern arl A-1Z 9 Zo rmR...,cis PT, /AI-L-Y&I 6. Identify and describe the proposed project,including the type of materials to be used,construction methods,principle dimensions and other pertinent information(Attach additional sheets if needed): C-ai k> -[W.uc-t.J,2-- Al'u> V-JCAt:'o T42 r RL3LLzuw I S' A 160 f"S, T tharti Z.Sr-> VLf ) S OL& SATE >L-&T-.) J C>MI L.s owb � St'• ¢r2._L art 5 r r[�en.s-[ Uttz Cv�-�.OP►+1ert�T QEfZM I T 7. Will there be an alteration of a wetland and/or wetland vegetation area? Yes ❑ No J� 8. Any water on or adjacent to property: Saltwater)< Lake ❑ River ❑ Pond ❑ Wetland ❑ Seasonal Runoff ❑ Other 9. If septic is located on project site,include records. Connect to septic?)q Community Septic? ❑ Public Water Supply? ❑ Well? ❑ 10. Type of Job: New)( Add ❑ Alt ❑ Repair ❑ Demolition ❑ Other This permit is granted pursuant to the Resource Ordinance (Chapter 17.01 MCC) and nothing in this permit shall excuse the applicant from compliance with any other federal, state, or local statutes, ordinances, or regulations applicable to this project, but not inconsistent with the Resource Ordinance. The permit may be rescinded pursuant to the event the permittee fails to comply with the conditions of this ordinance. MASON ENVIRONMENTAL PERMIT: $510.00/$305.00(with another permit) MASON CONDITIONAL USE ENVIR.PERMIT: $1,225.00 MASON RESOURCE ORDINANCE VARIANCE: $1,225,00 HEARINGS EXAMINER: $490.00 I:PLANNING\R&GPAC�ENVIRONMENTAL REVISED 0 1-04-05 PypN"srgTFO� MASON COUNTY a A o N DEPARTMENT OF COMMUNITY DEVELOPMENT Z o T z Planning Division �o N Y O~ P O Box 279, Shelton, WA 98584 raen (360)427-9670 MASON ENVIRONMENTAL PERMIT February 06, 2007 PORT OF ALLYN PO BOX 1 ALLYN WA 98524 Parcel No.: 122205006910 Issued: 2/6/07 Case No.: MEP2006-00068 Project Description: RESTROOM FACILITY The following critical areas are present on this property: Long-Term Commercial Forest X FWHCA Ch. 17.10.060; Ch. 17.01.110; Mineral Resource Lands Frequently Flooded Areas Ch. 17.01.066; Ch. 17.01.090; Inholding Lands Landslide Hazard Areas Ch. 17.01.062; Ch. 17.01.100; Wetlands Seismic Hazard Areas Ch. 17.01.070; Ch. 17.01.102; Critical Aquifer Recharge Erosion Hazard Areas Ch. 17.01.080; Ch. 17.01.104. This permit, with conditions, is granted pursuant to the Mason County Resource Ordinance (Chapter 17.01 MCC.) Nothing in this permit shall excuse the applicant from compliance with any other federal, state, or local statutes, ordinances, or regulations applicable to this project. This permit may be rescinded if the permitee fails to complete the project as proposed or fails to comply with the standards of this ordinance. —;)-7—a 7 Authorized Local Government Official Date A Mason Environmental Permit 2/6/07 Case No.: MEP2006-00068 Conditions: 1.) 1.Water quality is not to be degraded to the detriment of the aquatic environment as a resulfhitr#t./� X 2. Temporary eroshon control such as silt fencing shall be in place prior to construction X d re a p r p�ai�Luntil_the site has stabilized. 3. Proposal is s�t-- o application, review and approval of a Mason County Building Permi prior work. X 4. Prior to final approval, all upland areas disturbed or newly created by construction activities shall be seeded, vegetated or given an equivalent type of erosion protection (silt fenci g str atting). X -- 5. The proposed project must be consistent with all applicable policies and other provisions of the, h reline Management Act, its rules, and the Mason County Shoreline Mast X JoEa rrpf 1Y, V - 6. All construction and demolition debris must be removed from the site after project comple ' n. Proper disposal of construction debris must be on land in such a manner that debris ann e > or cause water quality degradation of State waters. X 7. Any areas that don't already screen the restroom facility from neighboring residences must do so by planting native shrubs or native small trees between the residences and the restroo fa 'lity.. y outdoor lighting shall be screened or directed away from nearby resid ce s I X 8. All Apvelopm nt is to follow the recommendations made in the Habitat Management Plan r� p redjb Fairbanks Environmental Service, dated December 27, 2006. X 9.T s ruc ure t be a minimum of 63 feet from Ordinary High Water(the bulkhead). X 2/6/07 Page 2 of 2 MEP2006-00068 TO BE KEPT 1N =A RC THE FILE NOTICE OF HEARING Affidavit Of Publication Notice is hereby given that the Port of Al- lyn has filed an application for a Special Use Permit for the following development: A re- STATE OF WASHINGTON I SS. stroom and shower facility in Allyn Urban COUNTY OF MASON Growth Area-Public Open Space district. The Special Use Permit is required per the Allyn Interim Zoning Code 17.14.200. Julie G.Orme being first duly sworn Site Address and Project Location:18560 SR 3 Allyn,WA.Parcel#12220-50-08001. on oath deposes and says that she is the clerk A decision on this application will be made of the SHELTON-MASON COUNTY JOURNAL, a weekly newspaper. That within 120 days.The proposed development said newspaper is a legal newspaper and it is now and has been for more than six is reviewed .0 a Special Use Permit under months nor to the date of the publication hereinafter referred to published in Section 1.05.040 ti the Mason County De the English language continuously as a weekly newspaper in SHELTON Mason velopment Regulations. Y Y A Public Hearing will be held by the Hear- County,Washington,and it is now and during all of said time was printed in an ings Examiner on the proposed project on office maintained at the aforesaid place of publication of said newspaper. That Tuesday,January 9th, 2007 at 1:00 PM with- the said SHELTON-MASON COUNTY JOURNAL was on the 9th day of in the Commissioners Chambers Bldg.1,411 August, 1941, approved as a legal newspaper by the Superior Court of said North Fifth Street, Shelton. If special accom- Mason County. modations are needed contact the Commis- sioners Office,(360)427-9670,ext 419. Any person wishing to express their views That the annexed is a true copy of a Notice of Hearing- or to be notified of the action taken on the ap- plication should express their views or interest Port of Allyn-Restroom and Shower Facility by December 27th or at the public hearing on January 9th,2007.Please send comments to Planning Dept., ATTN:Rebecca Hersha, PO as it was published in regular issues and not in supplement form of said Box 279,Shelton,WA 98584. Please contact Rebecca Hersha of the Planning Department at(360)427-9670,ext. newspaper once each week for a period of two 593 or at the address listed above with any consecutive weeks,commencing on the questions or clarifications on this develop- ment and permit. 12/7-14 7th day of December ,2006 ,and ending on the 2t 14th day of December .20 06 ,both dates inclusive, and that such newspaper was regularly distributed to its subscribers during all of the said period.That the full amount of the fee charged for the foregoing publication is the sum of$ 71.24 Subscribed and sworn to before me this V41th .� L• b� 4i December 2 006 .zlk.�. �if�,,- Yc�,t Nqiary Public in and Wth a State of WashiSto S! Residing at a on,Washington My commission expires J ,20+ %1 feftx i���i���1WAS%%\\%�`��