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SHR2006-00011 Hearing - SHR Letters / Memos - 8/1/2006
August 1,2006 Notice of Decision Case: SHR2006-00011 Applicant: Jack Van Horn Notice is hereby given that Jack Van Horn,who is the applicant for the above- referenced Shoreline Substantial Development Permit, has been granted the Shoreline Substantial Development Permit. The request was approved pursuant to the Mason County Shoreline Master Program, specifically for the construction of a pier,ramp, and float on the west shore of Case Inlet. This County decision is final. No further appeals to the County are available. Appeals may be made to the Shoreline Hearings Board or the appropriate administrative agency as regulations apply. It is the appellant's responsibility to meet all legal requirements of any appeal process. If you have questions or require clarification on these issues please contact Rebecca Hersha, Land-Use Planner with Mason County at 360-427-9670 x593. t.l.efPrin " d fry son Uounty 1 BEFORE THE HEARING EXAMINER FOR MASON COUNTY 2 3 4 RE: Jack Van Horn No. SHR2006-00011 5 Shoreline Master Program Substantial Development Permit for Pier, Ramp and DECLARATION OF MAILING 6 Float 7 8 I, Rebecca Hersha, declare and state as follows: 9 On August 1, 2006, 1 deposited in the U.S. Mail, postage properly prepaid, the 10 documents related to the above cited Hearing Examiner Decision and to which this 11 declaration is attached to: 12 Jack Van Horn 13 PO Box 266 14 Allyn, WA 98524 15 Marine Floats Corp. ATTN: Angela Butts & Wendell Stroud 16 1208 East `D' St. Tacoma, WA 98421 17 18 1 declare under penalty of perjury of the laws of the State of Washington the 19 foregoing information is true and correct. 20 Dated this 1st of August, 2006 at Shelton, Washington. 21 22 23 Rebecca Hersha, Planner 24 25 DECLARATION OF MAILING MASON COUNTY MASON COUNTY COMMUNITY DEVELOPMENT 411 N. 5T"AVE. P.O. BOX 279 SHELTON, WA Pri ted fron'). - so 3 TX' DMS 1 BEFORE THE HEARING EXAMINER FOR MASON COUNTY 2 Phil Olbrechts, Hearing Examiner 3 RE: Jack Van Horn. FINDINGS OF FACT, CONCLUSIONS 4 OF LAW AND FINAL DECISION. 5 Shoreline Substantial Development (SHR2006-00011) 6 7 INTRODUCTION 8 The applicants have requested a shoreline substantial development permit to construct 9 a pier, ramp and float structure on Case Inlet. The Examiner approves the requested 10 permit subject to conditions. 11 ORAL TESTIMONY 12 Mason County Planner Rebecca Hersha introduced the staff report and exhibits. 13 EXHIBITS 14 See "Case Index" attached to Staff Report for Exhibits. 15 FINDINGS OF FACT 16 Procedural: 17 1. Applicant. The applicants are Jack Van Horn. The applicant's agent and 18 representative is Wendell Stroud of Marine Floats Corp. 19 2. Hearing. The Hearing Examiner conducted a hearing on the subject 20 application on July 11, 2006, at 1:00 p.m., in the Mason County Board of Commissioners Meeting Chambers. 21 Substantive: 22 23 3. Site Description/Proposal. The site is a high bank waterfront property. The property is 50' wide and about 530' deep. The site consists of a two-story single- 24 family residence about 60 feet from the ordinary high water mark of Case Inlet. There are wooden stairs on the lawn winding alongside the rock retaining walls down 25 to the beach. At the bottom of the stairs is a gravel landing and a concrete bulkhead. {BFP637492.DOC;1/13009.900000/} Van Horn - SSD P. 1 Findings, Conclusions and Decision KA tj 1 nty P ri n e d f ro m M a s o� ts G ,. Applicant proposes to construction of a 4' wide by 44' long fixed pier leading to a 4' 1 by 40' long grated aluminum ramp leading to an 8' wide by 24' long float. Total 2 length of the structure from the Ordinary High Water Mark is approximately 100'. Structure is supported by eight pilings and will be attached to the existing concrete 3 bulkhead. The proposal also includes removing an existing unattached float. 4 4. Characteristics of the Area. The general area is characterized by single- family residential development along west shores of Case Inlet. Residential use 5 appears to be a mix of permanent and vacation homes. High bank waterfront 6 residences are immediately north and south of the project site. There are two pier- ramp-floats ("PRF") to the north and several unattached recreational floats south of 7 the project site. 8 5. Comprehensive Plan Designation. Mason County Comprehensive Plan 9 designation for the site is Rural. 10 7. Shoreline Master Program Designation. Shoreline Master Program environmental designation for the site is Urban. 11 8. SEPA Compliance and Other Public Notice Requirements. The proposal 12 was reviewed under SEPA (SEP2006-00000064) and a MDNS issued. See Exhibit 8. A Notice of Shoreline Management Permit for Substantial Development permit was 13 issued on 5/17/2006 and posted on 5/19/2006. See Exhibit 6. 14 9. Adverse Impacts of Proposed Use. As detailed in the Biological 15 Evaluation, the shoreline environmental impacts of this structure are minimal. The PRF has been designated to pose little or not threat to natural resources. No 16 significant environmental threat has been identified by Staff after considering the macro-algae/eelgrass survey information. Subsequent use will not be any greater than 17 what already occurs on the property; therefore, the adverse impacts should not 18 increase substantially. 19 D. Cumulative Impacts. Given the conditions for approval, even cumulative impacts on the shoreline should be low. 20 21 CONCLUSIONS OF LAW 22 Procedural: 23 1. Authority of Hearing Examiner. MCC 15.03.050(9) authorizes the 24 Examiner to review and issue a final decision regarding shoreline substantial 25 development permit applications. Substantive: {BFP637492.DOC;1/13009.900000/) Van Horn - SSD p. 2 Findings, Conclusions and Decision m Prin ed from asa aa � f:=� P � � D 81 l 1. Shoreline Substantial Development Permit. MCC 15.09.055(a) requires a 2 substantial development permit for any substantial development within the shoreline jurisdiction. MCC 17.50.040 defines a substantial development as nonexempt 3 development that exceeds $5,000 in value. The proposed PRF does not fall under any of the exemptions of MCC 15.09.055 and is over $5,000 in value, therefore a 4 shoreline substantial development permit is required. MCC 15.09.055(f) subjects substantial development permits to review by the Hearing Examiner. Pursuant to 5 MCC 15.09.055(f)(2)(c), the Hearing Examiner must base a decision regarding a 6 substantial development permit application upon the Shoreline Master Program for Mason County, the policies and procedures of Chapter 90.58 RCW (the Shoreline 7 Management Act), the written and oral comments of interested parties, and the comments and findings of the review authority. The Examiner construes the Mason 8 County Shoreline Master Program as composed of shoreline policies, found in Chapter IX of the Mason County Comprehensive Plan, as well as the Shoreline Use 9 Regulations, Chapter 17.50 MMC. Although Case Inlet is not a shoreline of state 10 wide significance, general shoreline policies of Chapter 90.58 RCW apply. Those criteria are addressed below. 11 SMP Piers and Docks (Policy No. 1): Piers and docks should be designed and 12 located to minimize obstruction of views and conflicts with recreational boaters and 13 fishermen. 14 2. The proposed PRF will not likely impact view corridors for high bank neighbors or conflict with boaters and fishermen because as noted in the Findings of 15 Fact, two similar structures already exist to the north and the unattached float on the project site will be removed. 16 SMP Piers and Docks (Policy No. 2): Cooperative uses of piers and docks are 17 favored, especially in tidal waters. 18 3. The applicant has submitted a request for a single use PRF. Although 19 joint use PRFs is favored, single use PRFs are permitted. 20 SMP Piers and Docks (Policy No. 3): The type, design and location of docks and 21 piers should be compatible with the shoreline characteristics, tidal action, aesthetics, adjacent land and water uses. 22 4. Floats will have stops that will prevent them from grounding our and 23 disturbing the beach. The ramp and float will be grated to minimize shading of aquatic environment. The proposal is compatible with the adjacent land and water 24 uses as noted above in Policy No. 1. There are two similar designated PRF structures 25 within 150 feet. (BFP637492.DOC;1/13009.9000W) Van Horn - SSD p. 3 Findings, Conclusions and Decision Prin ed from Masol � Rr� SMP Piers and Docks (Policy No. 5): Mooring buoys and floats are preferred over 1 piers and docks. 2 5. As noted above, two similar structures exist north of applicant's site. The 3 applicant simply wishes to have the same privileges as other owners in the area. Although mooring buoys and floats are preferred, Policy No. 5 does not prohibit 4 PRFs. 5 SMP Piers and Docks (Use Regulation No. 1): The location and design of docks 6 and piers, as well as the subsequent use, shall minimize adverse effects on fish, shellfish, wildlife and water quality. 7 6. As noted above and detailed in the Biological Evaluation, the shoreline 8 environmental impacts of this structure are minimal. See Exhibit 4. The PRF has been designated to pose little or not threat to natural resources. No significant 9 environmental threat has been identified by Staff after considering the macro- 10 algae/eelgrass survey information. Subsequent use, such as boating, swimming and fishing, will not be any greater than what already occurs on the property; therefore, 1 1 the adverse impacts should not increase substantially. 12 SMP Piers and Docks (Use Regulation No. 2): Docks and piers shall be located, designed and operated to not significantly impact or unnecessarily interfere with the 13 rights of adjacent property owners, or adjacent uses. Structures shall be located at a 14 minimum of five feet from side property lines. 15 7. As noted in Policy No. 1, the proposal does not appear to be designed to significantly impact or unnecessarily interfere with the rights of adjacent property 16 owners, adjacent water uses. The County did not receive any comment stating otherwise. The proposed PRF will be located approximately 30' from the southern 1 property line and approximately 15' from the northern one. 18 SMP Piers and Docks (Use Regulation No. 4): No pier, dock, or float or similar 19 device shall have a residential structure constructed upon it. 20 8. No residential structure is proposed upon the structure. 21 SMP Piers and Docks (Use Regulation No. 7): Maximum overall length of a recreational pier dock facility including floats shall be only so long as to obtain a depth of three feet of water as measured at mean low lower low water on a saltwater. 23 The length of any pier or dock facility shall not extend the lesser of 15 percent of the fetch or 100 feet from ordinary high water mark on saltwater. 24 25 1 BFP637492.DOQ1/13009.900000/) Van Horn - SSD p. 4 Findings, Conclusions and Decision P ed rin Mason County 9. As noted above, the total length of the proposed PRF is 100' from the 1 concrete bulkhead. At 100' from the bulkhead, the depth of the water at mean lower 2 low water is less than three feet above the seabed. 3 SMP Piers and Docks (Use Regulation No. 8): Only one dock is allowed per lot. 4 10. There will not be more than one dock after the proposed PRF. 5 SMP Piers and Docks (Use Regulation No. 9): The width of recreational piers and 6 docks shall not exceed eight feet. 7 11. The width of the proposed pier is 4' with a 6' flange. The width of the proposed ramp is 4'. 8 SMP Piers and Docks (Use Regulation No. 10): At the end of a dock or pier, afloat may be attached. These floats may either be parallel to the dock or pier, or form a 10 "T" or "L". In tidal water, the float shall not exceed four hundred gross square feet without a boat slip, or six hundred gross square feet with a boat. 11 12. The float surface is 192 square feet. 12 SMP Piers and Docks (Use Regulation No. 13): The recreational pier shall be no 13 higher than eleven feet above mean higher high water. Piers and docks shall have at 14 least an eight foot span between pilings. 15 13. The proposed pier height is approximately 3' above mean higher high water. The span between proposed pilings exceeds 8'. 16 17 SMP Piers and Docks (Use Regulation No. 14): The surface of floating structures shall be a minimum of eight inches above the surface of the water. 18 14. As configured, intermittent supports are greater than eight inches. 19 SMP Piers and Docks (Use Regulation No. 15): All floating structures shall 20 include intermittent supports to keep structures off the tidelands at low tide. 21 15. Intermittent supports are included in the proposal. Also see Conditions of 22 Approval. 23 SMP Piers and Docks (Use Regulation No. 16): All facilities shall be constructed and maintained in a safe and sound condition. Abandoned or unsafe docks and piers 24 shall be removed or repaired promptly by the owner. Where any such structure 25 constitutes a hazard to the public, the county may, following notice to the owner, abate the structure if the owner fails to do so within a reasonable time, and may {BFP637492.DOC;1/13009.900000/1 Van Horn - SSD p. 5 Findings, Conclusions and Decision 4f u �i < impose a lien on the related shoreline property in an amount equal to the cost of the I abatement. 2 16. The above regulation is addressed in the conditions for approval. 3 RCW 90.58.020: This policy [Shoreline Management Act policy] is designed to 4 insure the development of these [shorelines of the state] shorelines in a manner which, while allowing for limited reduction of rights of the public in the navigable 5 waters, will promote and enhance the public interest. This policy contemplates 6 protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life, while protecting generally 7 public rights of navigation and corollary rights incidental thereto. 8 17. As conditioned, the proposed PRF should neither reduce the rights of the public in surrounding navigable waters nor reduce the public interest. As noted 9 above, the project will have minimal adverse impact on the environment and other 10 uses. The project is conditioned to prevent adverse impact to water quality or aquatic habitat. In doing so, the public interest is enhanced by the project and the shorelines 11 are protected, thereby following the general policies of the SMA as quoted above. 12 RCW 90.58.020(1): Recognize and protect the state-wide interest over local interest. 13 18. The area is already characterized by PRF development and one more will 14 not create any discernable adverse impacts to the state or local interest. 15 RCW 90.58.020(2): Preserve the natural character of the shoreline. 16 19. The project is designed to not create any adverse impacts and the project area does not have any sensitive aquatic resources. Given these factors the project 17 will not detract from the natural character of the shoreline. 18 RCW 90.58.020(3): Result in long-term over short-term benefit. 19 20. Since the project has been designed to prevent any adverse impacts to the 20 shoreline, it will result in long-term over short-term benefit. 21 RCW 90.58.020(4): Protect the resources and ecology of the shoreline. 22 21. As noted previously, the PRF will not create any adverse impacts on the 23 ecology of the shoreline. 24 RCW 90.58.020(5): Increase public access to publicly owned areas of the 25 shorelines. I BFP637492.DOC;1/13009.900000/} Van Horn - SSD p. 6 Findings, Conclusions and Decision P d n e d f r o m a s o n o u n t Y DO ; � s5 22. The proposed PRF will not increase nor will it decrease public access to 1 shorelines. 2 RCW 90.58.020(6): Increase recreational opportunities for the public in the 3 shoreline. 4 22. The proposed project does not increase recreational opportunities for the public, but since it is a private project and does not appreciably interfere with public 5 recreation, the County has no authority to require public recreational opportunities. 6 MCC 15.09.055(C): Required Review: The Hearing Examiner shall review 7 proposed development according to the following criteria: 8 1. The development does not conflict with the Comprehensive Plan and meets 9 the requirements and intent of the Mason County Code, especially Title 6, 8, and 16. 10 2. Development does not impact the public health, safety and welfare and is in the public interest. 11 3. Development does not lower the level of service of transportation and/or 12 neighborhood park facilities below the minimunt standards established within the 13 Comprehensive Plan. 14 23. Residential PRF projects of the size proposed here do not generally create additional demand on parks or transportation facilities and therefore has no impact on 15 their respective levels of service. The project does not involve any generation of sanitary waste, any alteration of lot lines and was subject to a SEPA MDNS; therefore 16 the project meets the requirements and intent of MCC Titles 6, 8 or 16. There is also no discernable inconsistency with any other MCC code provision. Because the 17 project will have minimal adverse impact on the environment and other uses, it does 18 not impact the public health, safety and welfare and is in the public interest. 19 24. As noted above, the project did not receive any comment from any interested person. 20 21 25. The Hearing Examiner has given due consideration to staff comments and findings before making his final decision on this permit. 22 23 DECISION 24 The Shoreline Substantial Development Permit is approved subject to all conditions 25 contained in the Staff Report. See Exhibit 1. B FP637492.DOC;1/13009.900000/} Van Horn - SSD p. 7 Findings, Conclusions and Decision n ty D -ii n inusda- Mli -2-6 July, 2006. Dated this-day 2 3 4 ;hil Olbrechts Mason County Hearing Examiner 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (BFP637492.ECC;I/I 3W9,90OM/) Van Horn - SSD p. 8 Findings, Conclusions and Decision ro 1 1 v ,(L'I U v I 1 BEFORE THE HEARING EXAMINER FOR MASON COUNTY 2 3 -- -- - --- ----- - - - - - --- 4 RE: Jack Van Horn No. SHR2006-00011 5 Shoreline Master Program Substantial Development Permit for Pier, Ramp and DECLARATION OF MAILING 6 Float 7 8 I, Rebecca Hersha, declare and state as follows: 9 On August 1, 2006, 1 deposited in the U.S. Mail, postage properly prepaid, the 10 documents related to the above cited Hearing Examiner Decision and to which this 11 declaration is attached to: 12 Jack Van Horn 13 PO Box 266 14 Allyn, WA 98524 15 Marine Floats Corp. ATTN: Angela Butts & Wendell Stroud 16 1208 East `D' St. Tacoma, WA 98421 17 18 1 declare under penalty of perjury of the laws of the State of Washington the 19 foregoing information is true and correct. 20 Dated this 1St of August, 2006 at Shelton, Washington- 21 ---- 22 23 Rebecca Hersha, Planner 24 25 DECLARATION OF MAILING MASON COUNTY MASON COUNTY COMMUNITY DEVELOPMENT 411 N. 5T"AVE. P.O. BOX 279 SHELTON, WA 360-427-9670 TE ty ro m 36 -42 4 . �F DIOS CASE INDEX Van Horn SHR2006-00011 Exhibit# Date Description 1 June 29, 2006 Staff Report 2 September 19,2005 Completed Shoreline Substantial Development Permit Application 3 May 16, 2006 Site Plans 4 April 17, 2006 Biological Evaluation 5 May 17,2006 Notice of SDP Application 6 May 23, 2006 Affidavit of Posting Notice 7 June 8,2006 Affidavit of Publication 8 May 17,2006 SEPA Mitigated Determination of Nonsignificance 9 September 19,2005 JARPA Application 10 December 28,2005 SEPA Environmental Checklist 11 June 1,2006 Hydraulic Project Approval-WDF&W Printed from Mason U" ountyDMS SHR2006-000011 Staff Report written 6/29/06 Mason County Department of Planning Building I * 411 N. 5th Street * P.O. Box 279 Shelton, Washington 98584 TO: Mason County Hearings Examiner FROM: Mason County Department of Community Development STAFF: Rebecca Hersha- Planner; 360.427.9670 x 593 RE: Mason County Shoreline Substantial Development Permit (SHR2006-00011) HEARING DATE: July 11, 2006 STAFF REPORT I. Introduction. This report evaluates an application for a Shoreline Substantial Development permit under the Mason County Mason County Code, Title 17.50 Zoning—Shoreline Master Program Use Regulations, Piers and Docks section, for the construction of a 4'wide X 44' long fixed pier leading to a 4' by 40' long grated aluminum ramp leading to an 8' wide by 24' long float. Total length (subtracting overlap) of the structure from the Ordinary High Water Mark is approximately 100' with eight pilings. Staff is recommending approval of this proposal with conditions. II. Applicant/Agent: Jack Van Horn/ Wendell Stroud—Marine Floats Corp. III. Date of Complete Application: May 16, 2006 IV. Site address and Project Location: West Shore of Case Inlet, 390 East Cronquist Drive; Allyn, WA 98524. Parcel # 12232-40-01040 V. Evaluations. A. Characteristics of the area. The general area is characterized by single-family residential along Case Inlet of the Puget Sound. Residential use appears to be a mix of permanent and vacation homes. High bank waterfront residences are immediately north and south of the project site. There are two existing pier- ramp-floats (PRF) north of the Van Horn residence. There are several existing unattached recreation floats south of the Van Horn residence. B. Characteristic of the site. This is high bank waterfront property. The property is 50' wide and about 530' deep. The site consists of a two-story single- CAN, a AN, Print fromgh- ty D k e . SHR2006-00001 l Staff Report written 6/29/06 -2- family residence about 60 feet from ordinary high water mark of Case Inlet. From the lawn, are wooden stairs meandering alongside the rock retaining walls down to the beach. At the bottom of the stairs is a gravelly landing and a concrete bulkhead. The proposal includes removing an existing unattached float. The proposed PRF will be attached to the existing concrete bulkhead. C. Comprehensive Plan Desi ng ation. The Mason County Comprehensive Plan designation for the site is Rural. D. Shoreline Master Program Designation. The Shoreline Master Program environmental designation for the site is Urban. E. Zonin . The parcel is zoned Rural Residential 5 (RR-5). VI. SEPA Compliance and other public notice requirements. The proposal was reviewed under SEPA, SEP2006-00000064. A MDNS was issued on 05/17/2006 (Exhibit 8). A Notice of Shoreline Management Permit for a Substantial Development Permit, SHR2006-00011 (Exhibit 5) was issued on 05/17/2006 and posted on 05/19/2006 (Exhibit 6). VII. Other Permits. The proposal will require a Mason County Building Permit, Hydraulic Project Approval (HPA) from Washington Department of Fish and Wildlife (WDFW), and Washington Department of Ecology Water Quality Protection Concurrence. County received copy of HPA on 06/07/2006 (Exhibit 11). VIII. Analysis. Per RCW 90.58.030 (3) (e) (vii) and WAC 173.27.040 (2) (a), this proposal requires a Shoreline Substantial Development Permit due to the cost exceeding $5,000. The proposal is for a pier, ramp, and float. Shoreline Environmental Designation is Urban. This proposal is reviewed under the Mason County Code Title 17.50 Zoning—Shoreline Master Program Use Regulations, Piers and Docks section. The proposal is not within a Shoreline of Statewide Significance. Applicable Pier and Dock Policies are: 1. Piers and docks should be designed and located to minimize obstruction of views and conflicts with recreational boaters and fishermen. The proposed PRF will not likely impact view corridors for existing high bank neighbors or conflict with recreational boaters and fisherman since there are two similar structures to the north and the existing unattached float will be removed. 2. Cooperative uses of piers and docks are favored, especially in tidal waters. The proposal is for a single use pier. Print'...' dr n Y "" M .".3; SHR2006-000011 Staff Report written 6/29/06 -3 - 3. The type, design and location of docks and piers should be compatible with the shoreline characteristics, tidal actions, aesthetics, adjacent land and water uses. The floats will have stops that will prevent the floats from grounding out and disturbing the beach. The ramp and float will each have grating to minimize shading of the aquatic environment. The proposal is compatible with the adjacent land and water uses as stated under Policy #1. There are two similarly designed PRF structures within 150 feet of this proposed one. 5. Mooring buoys and floats are preferred over piers and docks. The proposal is for a pier, ramp, and float. 7. Boat houses and covered moorages shall be discouraged. None proposed. Applicable Pier and Dock Use Regulations are: 1. The location and design of docks and piers, as well as the subsequent use shall minimize adverse effects on fish, shellfish, wildlife and water quality. As detailed in the Biological Evaluation, the shoreline environmental impacts of this structure are minimal. The PRF has been designed to pose little or no threat to natural resources. The forage fish survey states that there are surf smelt spawning beaches where the pier, ramp, and float project is proposed. However surf smelt spawn from late June to early April in this area. Staff considers the macro-algae%elgrass survey informative and identifies no significant environmental threat from this proposal. The subsequent use (recreational boating, swimming and fishing) will not be any greater than what occurs on the property already and therefore, the adverse effects (if any) will not increase. 2. Docks and piers shall be located, designed and operated to not significantly impact or unnecessarily interfere with the rights of adjacent property owners, or adjacent water uses. Structures shall be located a minimum of five feet from side property lines. See discussion under Policy 41. The proposal does not appear to be designed to significantly impact or unnecessarily interfere with the rights of adjacent property owners, or adjacent water uses. The County received no comments stating otherwise. The proposed pier, ramp, and float will be located approximately 30'from the southern property line and approximately 15' from the northern property line. 4. No pier, dock, or float or similar device shall have a residential structure constructed upon it. None proposed. w 4 a k L V L �ce SHR2006-000011 Staff Report written 6/29/06 -4- 7. Maximum overall length of a recreational pier or dock facility including float shall be only so long as to obtain a depth of three feet of water as measured at mean lower low water on salt water. The length of any pier or dock shall not exceed the lesser of 15% of the fetch or 100 feet from Ordinary High Water Mark (OHWM) on salt water. The PRF is proposed at a total length of 100'from the concrete bulkhead. At 100 feet, the depth of water at mean lower low water is 2'above the seabed. 8. Only one dock is allowed per lot. One proposed, zero existing. 9. The width of recreational piers and docks shall not exceed eight feet. The proposed width of the pier is 4 feet with a 6 feet flange. The proposed width of the ramp is 4 feet. 10. At the end of a dock or pier, a float may be attached. These floats may either be parallel to the dock or pier, or form a"T" or"L". In tidal water, the float shall not exceed 400 gross square feet without a boat slip or 600 gross square feet with a boat slip. The float surface area is 192 square feet. 13. Recreational piers shall be no higher than 11 feet above mean higher high water. Piers and docks shall have at least an eight-foot span between pilings. Per the Plan View drawing, the height of the existing platform (pier) is approximately 3'above mean higher high water. Piling span exceeds the eight feet minimum. 14. The surface of floating structures shall be a minimum of eight inches above the surface of the water. As configured, intermittent supports are greater than eight inches. 15. All floating structures shall include intermittent supports to keep structures off the tidelands at low tide. Included in proposal. See conditions of approval. 16. All facilities shall be constructed and maintained in a safe and sound condition. Abandoned or unsafe docks and piers shall be removed or repaired promptly by the owner. Where any such structure constitutes a hazard to the public, the County may impose a lien on the related shoreline property in an amount equal to the cost of the abatement. See conditions of approval. IX. Conclusions. Based upon these policies and regulations, the project appears consistent with the Mason County Mason County Code, Title 17.50 Zoning— Shoreline Master Program Use Regulations, Piers and Docks section. The project is configured to have minimal impacts to fish and wildlife and neighboring rine r � �� �J � �,sra"i County SHR2006-000011 Staff Report written 6/29/06 -5 - in staff is satisfied with the species and habitat survey properties. Planning s p Y and it's purported impacts. Staff recommends approval of the permit subject to the following conditions: l. Floatation for the structure shall be entirely enclosed and contained to permanently prevent the breakup or loss of the floatation material into the water. 2. Debris or deleterious material resulting from construction shall be removed from the beach area and project site and shall not be allowed to enter waters of the State. 3. Install stub pilings and float stops to suspend the float at least 12" above the seabed. 4. Orient flotation so that it does not obstruct the grating. 5. Install plastic wear-strips between the float and the pilings to reduce treated wood chafe. 6. Pressure treated wood must be completely dry prior to placement in water. Use of creosote or pentachlorophenol is prohibited. 7. Pile driving shall take place as allowed by the Agencies to minimize direct impacts on migrating salmon, bull trout, wintering bald eagles and forage fish spawning activities. 8. All facilities shall be constructed and maintained in a safe and sound condition. Abandoned or unsafe docks and piers shall be removed or repaired promptly by the owner. Where any such structure constitutes a hazard to the public, the County may, following notice to the owner, abate the structure if the owner fails to do so within a reasonable time, and may impose a lien on the related shoreline property in an amount equal to the cost of the abatement. 9. All other necessary permits from Mason County, Washington State and/or Federal Agencies that are required for this proposed development and construction must be obtained PRIOR TO CONSTRUCTION and all conditions must be adhered to until completion of the project. 10. Use 100% grating on the ramp 11. Install 50% grating on 8-foot wide float. 12. Remove the existing 8' by 12' plastic float prior to construction of the PRE X. Choices of Action. 1. Approve. 2. Approve with conditions. 3. Deny (reapplication or resubmittal is permitted). 4. Deny with prejudice (reapplication or resubmittal is not allowed for one year). 5. Remand for further proceedings and/or evidentiary hearing in accordance with Section 15.09.090 of Title 15. Printedfrol-ni Mason Gounty DMS j MASON COUNTY err DEPARTMENT OF COMMUNITY DEVELOPMENT Building III—426 west Cedar Street P.O. Box 186,Shelton,WA 98584 (360)427-9670—Ext. 352 SHORELINE PERMIT APPLICATION PERMIT NO. SHORELINE SUBSTANTIAL DEVELOPMENT SHORELINE VARIANCE DATE RECEIVED SHORELINE CONDITIONAL USE SHORELINE EXEMPTION The Washington State Shoreline Management Act (RCW 90.58) requires that substantial developments within designated shorelines of the state comply with its administrative procedures(WAC 173-14)and the provisions of the Mason County Shoreline Management Master Program The purpose of this Act and local program is to protect the state's shoreline resources. The program requires that substantial development(any development of which the total cost or fair market value exceeds $5,000.00 or materially interferes with the normal public use of the water or shorelines of the State be reviewed with the goals, polices, and performance standards established in the Master Program. Answer all questions completely. Attach any additional information that my further describe the proposed development. Incomplete applications will be returned. �U 1 APPLICANT: kcK. Y-I 1 _ V yl ADDRESS: (street) (city) (state) (zip) TELEPHONE: I o) (iome) (business) (� A AUTHORIZED REPRESENTATIVE: f 1/t OL Y I I O(�4 ��• W Yl I �1 U►(� ADDRESS: an Te TELEPHONE: (city)0 5�5) 3 p 1 (state) (zip) Q3— ;1 140 PROPERTY DESCRIPTION: General location(include property address,water body and associated wetlands—identify the name of the shoreline): 3 g l d E• �.a ��`�I R� ' ��`U� �Q ) In0— rind fro anon County DMS Legal description (include section, township, and range to the nearest quarter, quarter section or latitude and longitude to the nearest minute. Projects located in open water areas away from land shall provide a longitude location)—include all parcel numbers: OF CiNT LOT3 � Tax IND— suboyl 31TAMS)w 994 'Raw I , Quarlcr s E . OWNERSHIP: Contract Applicant__ Owner X Lessee Purchaser (Identify) Other Owners)a cK y(1 V, , t 1 ti h (stree gS59N (city) J (state) (zip) DEVELOPMENT DESCRIPTON Development(identify and describe the proposed project,including the type of materials to be used,construction methods,principle dimensions,and other pertinent information): a H,x Ho' D I r r a H'x LIP, (.11_1A W IAM ak hvltii 56 Y Am n a and (Y) wvifll 11Jdfh is Use(identify current use of property with exist improvements: �SIMCAU RmW Z(.S I dt (,e Reason for requesting development: Pr na Yt.LI��,a ��I_ 0 G an o1 i LA o h . Printed iA son CountDMS Y ACKOWLEDGEMENT I hereby declare,to the best of my knowledge and belief,the forgoing information and all attached information is true and correct. (applicant or authorized representative) (date) TO BE COMPLETED BY LOCAL OFFICIAL Identify and describe existing features of the site and surrounding area: If proposed structures will exceed a height of 35 feet above the existing grade level, indicate the location of any residential units that will have an obstructive view: If a Conditional Use or Variance is requested,make reference to the appropriate section in the Master Program: I:\PLANNINGICHARELL&RENEEISHORELINEPERM IT.APP REVISED: 01-05-2005 PrintE-3; d AFFIDAVIT OF POSTING NOTICE STATE OF WASHI NGTON ) COUNTY OF MASON ss. �..do hereby certify that I posted --3 copies of the attached on �_day of 20-QZ2 in 3 public places as follows: one at ' of one at iS f c�P G /r !I one at , 6 � In witness whereof, the party has signed this Affidavit of Posting Notick this Of 3 day 20�. By: - Address: STATE OF WASHINGTON ) COUNTY OF MASON ss. Subscribed and sworn tome this "Olday of BONNIE L CAP 0 NOTARY PUBLIC 0 S sT,a T� 1.) N 0 otary Public r he t t of Washington My Commission Expires June 6,2006 ._ ���.---------. �,9 Residing at Commission Expires jo ri rated r0rktDMZ'�- o Affidavit of Publication NOTICE OF SHORELINE MANAGEMENT PERMIT SHR2006-00011 Notice is hereby given that JOHN STATE OF WASHINGTON SS. VANHORN, who is the owner of the COUNTY OF MASON described property, has filed an application being first duly sworn for a Shoreline Management Permit for the Julie G.Orme development of clerk Sub.Dev. on oath deposes and says that she is the PIER RAMP FLOAT of the S el TON-MASON COUNTY JOURNAL, a weekly newspaper. That Site Address: 390 E CRONQUIST RD published in ALLYN said newspaper is a legal newspapublicationshereinafter has to,for more than six Parcel Number:122324001040 months prior to the date of the p ,Mason Location of Project:SR 3TO GRAPEVIEW the English language continuously as a weekly newspaper in SHELTOn ed in an LOOP TO CRONQUIST RD County,Washington,and it is now and during all of said time was p Within:GOVT LOT 3 (quarter section)of office maintained at the aforesaid place of publication oAL �f�a'tod nthes 9theda of Section:32, Township: 22 N, Range: 01 W, the said SHELTON-MASON a COUNTY new p per by e Superior Court d said W M, August, 1941, approved in,Mason County Washington. Said development is proposed within Mason County. CASE INLET and/or its associated wetlands. That the annexed is a true copy of a Notice of Aau1.For Shoreline Ms:mt Any person desiring to express their view or to be notified of the action taken on the application should.notify, Permit—John V anhorn MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT p lement form of said P O BOX 279 it N published in regular issues and not in su p SHELTON WA 98584 as in writing of their Interest.The comment period is at least 30 days from the final date newspaper once each week for a period of two of publication given pursuant to WAC 173-14- consecutive weeks,commencing on the 020.The final date of publication,posting,or 20 06__,and ending on the mailing of notice is 6/8/06. Is__ t day of June Written comments will be accepted up to 20 both dates inclusive, the date of the hearing. day of June A public hearing will be held on this permit 8t_� y --'-- request.Contact this office at(360)427-9670, and that sch newspaper That the wasfull regularly fee distributed to its for the fibers during all 0 ext.593 for date and time of heanng the say period. A Determination of Nonsignificance was issued an 5/17/06 under WAC 197- foregoing publication is the sum o4$ 82LQ � 11-340. Written comments regarding this determination must be received by 5/31/06. 6/1-8 2t day of Subscribed and sworn to before me this 8th `�tttttt►i t rrr�� `����� GEI T E June 20 06 ION F Notary Public i d for the State of Washington NOTARY s . Residing at Shelton,Washington _ --0-- O >20 P�@L\�' p1:°c My commission expires 10 Z� �•v,� Printed froin'--'i Ma ,, n County ,t ON.STATE MASON COUNTY �Py C °� DEPARTMENT OF COMMUNITY DEVELOPMENT '*t O q 0 s u i Planning Division O T 2 P O Box 279, Shelton,WA 98584 N � 00 Y moo~ (360)427-9670 1864 MITIGATED DETERMINATION OF NONSIGNIFICANCE (WAC 197-11-350) Cr SEP2006-00064 , Description of Proposal: PIER RAMP FLOAT Proponent: JOHN VANHORN Site Address (If Assigned): 390 E CRONQUIST RD ALLYN Directions to Site: SR 3 TO GRAPEVIEW LP RD TO CRONQUIST Parcel Number: 122324001040 Legal Description: TR 4 OF GOUT LOT 3 & TAX 1140 Lead Agency: Mason County The Lead Agency for this proposal has determined that it does not have a probable significant g Y p p p 9 adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed Environmental Checklist and other information on file with the Lead Agency. This information is available to the public upon request. MITIGATED MEASURES ARE ATTACHED. Please contact Rebecca Hersha at ext. 593 with any questions. This DNS is issued under 197-11-340(2), the Lead Agency will not act on this proposal for 14 days from the date below. Comments must be submitted to Rebecca Hersha, C/O Mason County DCD, Planning Division, PO Box 279, Shelton WA 98584 by 5/31/06. There is no SEPA administrative appeal. Auth 6i ed Local Government Official bate fro oMF - S UPrinted .Ax MITIGATED DETERMINATION OF NONSIGNIFICANCE (WAC 197-11-350) SEP2006-00064 CONDITIONS OF THIS DETERMINATION 1) Residential developers and individuals shall be required to control erosion during construction. Removal of vegetation should be minimized and any areas disturbed should be restored to prevent erosion and other environmental impacts.X 2) The ram,ier, , float, and associated moorings shall be located to avoid shading of p p 9 eelgrass and other aquatic vegetation.X 3) Floatation for the structure shall be entirely enclosed and contained to permanently prevent the breakup or loss of the floatation material into the water. X 4) Debris or deleterious material resulting from construction shall be removed from the beach area and project site and shall not be allowed to enter waters of the State. X 5) Water quality is not to be degraded to the detriment of the aquatic environment as a result of this project. X 6) Recreational piers shall be no higher than 11 feet above mean higher high water. Piers and docks shall have at least an eight foot span between pilings. X 7) The surface of floating structures shall be a minimum of eight inches about the surface of the water.X 8) All floating structures shall include intermittent supports which run parallel to the shoreline to keep structures off the tidelands at low tide.X Printedfrom `Aas-'% on (];ounty DIKAS 1/24/2007 Conditions Associated With 9:04a9AM Case #: SEP2006-00064 Permit Condition u tit item# Code Title yt y F �ttlWd&ice a,5 - 1TIx ..ek;�*.9. 'f # 1} 300 r Aquatic Vegetation Shading NOT MET 5/16/2006 RDH The pier,ramp,fl a associated moorings shall be located to avoid shading of eelgrass and other aquatic vegetation.X 2) 320 Debris Removal NOT MET 5/16/2006 RDH Debris or deleterious material resulting from construction sha ed from the beach area and project site and shall not be allowed to enter waters of the State. X 3) 310 Enclosed Floatation NOT MET 5/16/2006 RDH Floatation for the structure shall be entirely enc on d to permanently prevent the breakup or loss of the floatation material into the water.X 4) 260 Erosion Control NOT MET 5/16/2006 RDH Residential developers and indiv'duals shall be required to control erosion during constriction. Removal of vegetation should be min imiz s disturbed should be restored to prevent erosion and other environmental impacts.X 5) 350 Floating Surface Structure Size NOT MET 5/16/2006 RDH The surface 47i! ctures shall be a minimum of eight inches about the surface of the water.X 6) 360 Intermittent Supports NOT MET 5/16/2006 RDH All floating structures shall ine]rid n ttent supports which run parallel to the shoreline to keep structures off the tidelands at low tide.X � v 7) 340 Recreational Piers NOT MET 5/16/2006 RDYI Recreational piers shall be no higher than 11 fe o higher high water. Piers and docks shall have at least an eight foot span between pilings. X 7 8) 330 Water Quality Degradation NOT MET 5/16/2006 RDH Wate��t to be degraded to the detriment of the aquatic environment as a result of this project. y— 9) 1 HPA CONDITIONS NOT MET 8/16/2006 RDH Construction activities are to follow the 28 conditions found in the Hydraulic Project Approval(#105121) issued artment of Fish and Wildlife. X 11,iease sign, uat;:, initial' ail -onditiou an .' mail bac'A io me. THANK Y®ll Printed from anon County DMS Page I of I ✓ CaseConditions..rpt MASUN COUNTY DEPARTMENT of GENERAL SERVICES Courthouse Annex 1 N. Fourth &W. Cedar P.O. Box 186 Shelton, Washington 98584 (206) 427-9670 building environmental health maintenance landfill parics&recreation fair/convention center planning sewer&water DETERMINATION OF NONSIGNIFICANCE (MC 197-11-340) Description of Proposal: Erosion control bulkhead with recessed stairs. 51 ' long by 4 ' high including 10 ' wide stairs . Proponent: ._ John V a n H o r n - Location of Proposal, including street address, if any: E 390 Cronquist Drive, Grapeview. Sec 32 , Twn 22 N, R 1 W. Tract 4 of Gov' t - Lot 3 Lead Agency: Mason County The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed Environmental Checklist and other information on file with the lead agency. This information is available to the public on request. There is no comment period for this DNS. X This ENS is issued under 197-11-340(2); the lead agency will not act on ins proposal for 15 days fran the date below. Comments must be submitted by November 24 , 1988 Responsible Official: Mike Byrne 206-427-9670 Position/Title: Director of General Services Telephone: Ext Address: P.O. Box186 , Shelton, WA. 98584 ' ^,, / Date: November 9, 1988 Signature: lilt, C C: DOE WDF WDW Squaxin Tribe Trout Unlimited Applicant Printe roMasorso u ra ty y,� AGENCY USE ONLY AgelcyRaTCrence#: �/-)I/'\71J�1y'—Ot7Cj f� Date Received: Circulated by: (local govt.or agency) JOINT AQ UATIC RESOURC ES PERMIT APPLICATION FORM (JARPA) (for use in Washington State) PLEASE TYPE OR PRINT IN BLACK INK. © Application for a Fish Habitat Enhancement Project per requirements of RCW 77.55.290. You must submit a col completed JARPA application form and the (Fish Habitat Enhancement JARPA Addition) to your local Government �^ Planning Department and Washington Department of Fish &Wildlife Area Habitat Biologist on the same day. NOTE: LOCAL GOVERNMENTS—You must submit any comments on these projects to WDFW within 15 working days. Based on the instructions provided��I am sending copies of this application to the following: (check all tha apply) ❑x Local Government for shoreline:�Substantial Development []Conditional Use ❑Variance ❑Revision ��❑��FFloodplain Management ❑Critical Areas Ordinance ❑x Washington Department of Fish and Wildlife for HPA(Submit 3 copies to WDFW Region) ❑ Washington Department of Ecology for 401 Water Quality Certification(to Regional Office-Federal Permit Unit) ❑ Washington Department of Natural Resources for Aquatic Resources Use Authorization Notification ❑x Corps of Engineers for: ❑ Section 404 ❑ Section 10 permit ❑ Coast Guard for: ❑ General Bridge Act Permit ❑ Private Aids to Navigation(for non-bridge projects) ❑ For Department of Transportation projects only: This project will be designed to meet conditions of the most current Ecology/Department of Transportation Water Quality Implementing Agreement SECTION A-Use for all permits covered by this application. Be sure to ALSO complete Section C(Signature Block)for all permit applications. 1.APPLICANT Jack Van Horn MAILING ADDRESS PO Box 226, Allyn, WA 98524 WORK PHONE E-MAIL ADDRESS HOME PHONE FAX# 1 (360) 277-3370 If an agent is acting for the applicant during the permit process, complete#2. Be sure agent signs Section C(Signature Block) for all permit applications 2.AUTHORIZED AGENT Wendell Stroud — Marine Floats Corporation MAILING ADDRESS 1208 East 'D' Street, Tacoma, WA 98421 WORK PHONE E-MAIL ADDRESS HOME PHONE FAX# (253) 383-2740 marineflts@aol.com (253) 383-1102 3. Relationship of applicant to property: ❑x OWNER ❑ PURCHASER ❑ LESSEE ❑ 4. Name, address and phone number of property owner(s) if other than applicant: 5. Location(street address, including city,county and zip code,where proposed activity exists or will occur) 390 East Cronquist Road, Allyn, WA 98524 Local government with jurisdiction(city or county) Mason County Waterbody you are working in Case Inlet Tributary of WRIA# Is this waterbody on the 303(d) List" YES ❑ NO ❑ Puget Sound If YES,what parameter(s)? "For 303d List, Shoreline designation Rural http://www.ecV.wa.gov/programstwq/303d/index.html Zoning designation R-10 '/.Section Section Township Range Government Lot SE 32 22N 1 E DNR stream type if known Latitude and Longitude: Tax Parcel Number 122324001040 ECY 070-15(Rev. 11/04) JARPA Contact the State of Washington Office of Regulatory Assistance for latest version or call 3601407-7037 or 8001917-0043 rint oMason County DMS 1 6. Describe the current use of the property, and structures existing on the property. Have you completed any portion of the proposed activity on this property? ❑ YES Q NO For any portion of the proposed activity already completed on this property, indicate month and year of completion. 4-Current*-e of the property is single family residence. Is the property agricultural land? ❑ YES NO Are you a USDA program participant? 0 YES []x NO 7a. Describe the proposed work that needs aquatic permits: Complete plans and specifications should be provided for all work waterward of the ordinary high water mark or line, including types of equipment to be used. If applying for a shoreline permit,describe all work within and beyond 200 feet of the ordinary high water mark. If you have provided attached materials to describe your project,you still must summarize the proposed work here- Attach a separate sheet if additional space is needed. Propose to construct a 4'x40' pier, a 4'x4O' aluminum ramp, an 8'x24' float with 50% functional grating with (8) "Chemonite treated" piling. The overall length is 100'. PREPARATION OF DRAWINGS: See sample drawings and guidance for completing the drawings. ONE SET OF ORIGINAL OR GOOD QUALITY REPRODUCIBLE DRAWINGS MUST BE ATTACHED. NOTE: Applicants are encouraged to submit photographs of the project site,but these DO NOT substitute for drawings. THE CORPS OF ENGINEERS AND COAST GUARD REQUIRE DRAWINGS ON B-112 X 11 INCH SHEETS. LARGER DRAWINGS MAYBE REQUIRED BY OTHER AGENCIES. 7b. Describe the purpose of the proposed work and why you want or need to perform it at the site. Please explain any specific needs that have influenced the design. The purpose of this dock is for recreational use; fishing, swimming and recreational boat moorage. 7c. Describe the potential impacts to characteristic uses of the water body. These uses may include fish and aquatic life,water quality, water supply, recreation and aesthetics. Identify proposed actions to avoid, minimize, and mitigate detrimental impacts and provide proper protection of fish and aquatic life. Identify which guidance documents you have used. Attach a separate sheet if additional space is needed. 1. The area has a number of private docks. 2. The design of the float complies with WDFW criteria. 3. Flotation will be permanently encapsulated. 4. Piling proposed are "Chemonite treated". 5. A floating pile driver will operate for about 6 hours; it does not go aground. 6. Care will be taken to contain all construction residue. 7. "Best Management Practices"will be exercised throughout the construction of this structure. 7d. For in water construction work,will your project be in compliance with the State of Washington water quality standards for turbidity WAC 173.201A-110? Q YES ❑ NO (See USEFUL DEFINITIONS AND INSTRUCTIONS) 8. Will the project be constructed in stages? YES ❑ NO x❑ Proposed starting date: After all permits are obtained Estimated duration of activity: 6 days 9. Check if any temporary or permanent structures will be placed: �x Waterward of the ordinary high water mark or line for fresh or tidal waters AND/OR ❑x Waterward of the mean higher high water for tidal waters? 10.Will fill material (rock,fill, bulkhead,or other material) be placed: Qx Waterward of the ordinary high water mark or line for fresh waters? If YES,VOLUME (cubic yards) /AREA (acres) xJ Waterward of the mean higher high water for tidal waters? If YES,VOLUME (cubic yards) /AREA (acres) ECY 070-15(Rev. 11/04) JARPA Contact the State of Washington Office of Regulatory Assistance for latest version or call 360/407-7037 or 800/917-0043 tro1&-%1,%1 Masuii Cl""; oun , `.° 2 11. lVill material be placed in wetlands? YES NO Jf YES: A. Impacted area in acres: B. Has a delineation been completed? If YES, please submit with application. YES ❑ NO C. Has a wetland report been prepared? If YES, please submit with application YES NO D. Type and composition of fill material (e.g.,sand,etc.) E. Material source: F. List all soil series(type of soil)located at the project site,and indicate if they are on the county's list of hydric soils. Soils information can be obtained from the natural Resources Conservation Service(NRCS). G. WILL PROPOSED ACTIVITY CAUSE FLOODING OR DRAINING OF WETLANDS? ❑ YES ❑ NO If YES, IMPACTED AREA IS ACRES OF DRAINED WETLANDS. NOTE:If your project will impact greater than Y:of an acre of wetland,submit a mitigation plan to the Corps and Ecology for approval along with the JARPA form. NOTE:A 401 water quality certification will be required from Ecology in addition to an approved mitigation plan if your project impacts wetlands that are: a)greater than%acre in size, orb)tidal wetlands or wetlands adjacent to tidal water. Please submit the JARPA form and mitigation plan to Ecology for an individual 401 certification if a)orb)applies. 12. Stormwater Compliance for Nationwide Permits Only: This project is(or will be)designed to meet ecology's most current stormwater manual,or an Ecology approved local stormwater manual. ❑ YES 0 NO If YES—Which manual will your project be designed to meet? If NO—For clean water act Section 401 and 404 permits only—Please submit to Ecology for approval, along with this JARPA application, documentation that demonstrates the stormwater runoff from your project or activity will comply with the water quality standards,WAC 173.201(A) 13.Will excavation or dredging be required in water or wetlands? ❑ YES x0 NO If YES: A. Volume: (cubic yards)/area (acre) B. Composition of material to be removed: C. Disposal site for excavated material: D. Method of dredging: 14. Has the State Environmental Policy Act(SEPA)been completed YES NO SEPA Lead Agency: Mason County SEPA Decision: DNS, MDNS, EIS,Adoption, Exemption Decision Date(end of comment period) SUBMIT A COPY OF YOUR SEPA DECISION LETTER TO WDFW AS REQUIRED FOR A COMPLETE APPLICATION 15. List other Applications,approvals or certifications from other federal,state or local agencies for any structures, construction discharges or other activities described in the application (i.e. preliminary plat approval, health district approval,building permit, SEPA review, federal energy regulatory commission license(FERC), Forest practices application, etc.). Also, indicate whether work has been completed and indicate all existing work on drawings. NOTE: For use with Corps Nationwide Permits, identify whether your project has or will need an NPDES permit for discharging wastewater and/or stormwater. TYPE OF APPROVAL ISSUING AGENCY IDENTIFICATION DATE OF APPLICATION DATE APPROVED COMPLETED? NO. Shoreline Substantial Development Mason Count HPA WDF W Army Corps of Engineers Corps 16. Has any agency denied approval for the activity you're applying for or for any activity directly related to the activity described herein? ❑ YES xx NO If YES,explain: FCY 070-15(Rev. 11/04) JARPA Contact the State of Washington Office of Reaufatory Assistance for latest version or call 360/407-7037 or 8001917-0043 3 SECTION B - Use for Shoreline and Corps of Engineers permits only: 17a.Total cost of project. This means the fair market value of the project, including materials,labor, machine rentals,etc. $43,610.00 17b. If a project or any portion of a project receives funding from a federal agency,that agency is responsible for ESA consultation. Please indicate if you will receive federal funds and what federal agency is providing those funds. See instructions for information on ESA.' FEDERAL FUNDING YES ❑x NO If YES, please list the federal agency. 18. Local government with jurisdiction: Mason County 19. For Corps,Coast Guard and DNR permits, provide names,addresses and telephone numbers of adjoining property owners, lessees, etc. Please note: Shoreline Management Compliance may require additional notice—consult your local government. NAME ADDRESS PHONE NUMBER SECTION C-This section MUST be completed for any permit covered by this application 0. Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the information contained inthis application,and that to the best of my knowledge and belief,such information is true complete,and accurate. I further certify that I possess the authority to undertake the proposed activities. I hereby grant to the agencies to which this application is made,the right to enter the above-described location to inspect the proposed, in-progress or completed work. I agree to start work ONLY after all necessary permits have beep received. DATE J SI N TURE , F APPLICANT — e� DATE IGNATURE OF AUTHORIZED AGENT I HE�11EBY DESIGNATE Wendell Stroud TO ACT,AS MY AGENT IN MATTERS R LATED TO THIS APPLICATION FOR P IT( . I UN DST THAT IF A FEDE PERMIT IS ISSVED, I MUST N THE PERMIT. SI A E 6F AP LI ANT DAT S NATURE OF LAND ER(EXCEPT PUBLIC ENTITY LANDOWNERS,E.G. DNR) HIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND THE AGENT,[FAN AUTHORIZED AGENT IS DESIGNATED. 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. COMPLETED BY LOC AL OFFICIAL A. Nature of the existing shoreline. (Describe type of shoreline, such as marine, stream, lake, lagoon,marsh, bog, swamp,flood plain,floodway,delta;type of beach, such as accretion,erosion, high bank, low bank, or dike; material such as sand,gravel, mud,clay, rock, riprap; and extent and type of bulkheading, if any) B. In the event that any of the proposed buildings or structures will exceed a height of thirty-five feet above the average grade level, indicate the approximate location of and number of residential units,existing and potential,that will have an obstructed view: C. If the application involves a conditional use or variance,set forth in full that portion of the master program which provides that the proposed use may be a conditional use,or,in the case of a variance,from which the variance is being sought: These Agencies are E ual Opportunity and Affirmative Action employers. x, �� �,, J'AR F ci ac ati a se 9ntth proprte age inKth i c.,�E �'(J 1r s„ rl P n ct S t of W i o` is , e a r ssi, anc f la v r n�Jq■pr 0/40 -70 1 - 3 4 MASON COUNTY Single Family $305 Non-Single Family 0-9.99 Acres$510 ENVIRONMENTAL CHECKLIST 10 to 20 Acres$610 Over 20 Acres$765 EIS(DS)$2040+55(hr Purpose of Checklist: The State Environmental Policy Act (SEPA), chapter 43.21 C 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 Non-project Proposals: Complete this checklist for non-project proposals, even though questions may be answered "does not apply". IN ADDITION, complete the SUPPLEMENTAL ACTIONS (part D). There is a fee required, for the processing of the checklist, see above for the appropriate fee. Please make your check payable to "Mason County Treasurer". For non-project actions, the references in the checklist to the works "project", "applicant", and "property or site" should be read as "proposal", "proposer', and "affected geographic area", respectively. �x ri n t e a' f r alo s IVY t MASON CO. ENVIROMENTAL CHECKLIST A. BACKGROUND 1. Name of proposed project, if applicable: Van Nhrn Da cK 2. Name of applicant: 3 act Van km n 3. Address and phone number of applicant and contact person: MaVI Yu Fh Ah Corp. — Rn JdA g u,t+S l� U 8 t• 0 Sort + TAcowta L W14 q $N11 cas3) 3a3- a��o 4. Date checklist prepared: Scp+'rnlo-er 2Q, 206 5 5. Agency requesting checklist: ►iYl a 8"t)Yl c o Lk n tm 6. Proposed timing or schedule (including phasing, if applicable): Whin a►I Pcr-MtH arc. oblaiyud tram �ovrrnrunf- aq4-c,nc-tss . 7. Do you have any plans for future expansion, or further activity related to or connected with this proposal: If yes, explain. t\10 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. NIA 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If ex,es lain. Y P No 10. List any government approvals or permits that will be needed for your proposal, if known. W bF-W-- "draultcs PYo�Cc,} 1 'Pruvat Corps off- rs- PerrhIfs10 UM6 P k; rig �� � s o n 'C o u n Y 11. Give a 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.) PybpoH h Coyjt �vuck a Wy 40' pw, u H'x HO' Nab, an ?'y koa� INlN 50yo NrtvhuRaI 9r&-hng Wi 0i (8) "CluMo ►,I �t �Vr att d ?i hri j. The U MA 11 U,n g fi-0 li 4 0'. 12. What is the 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. From SR S }urn rl9Kt— onh 1�• Gmpfyl� W U00? 1Zi)aOurn il Shay on (imp(vltw Loop , turn rlIht on 1�. C"nq► if ROad . 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)? 1 /o 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. Sund, JMVtJ, mLAOK d. Are there surface indications or history of unstable soils in the immediate vicinity: If so, describe. l nv-�Uwrn Mason County Environmental e,, 1 t Page 2 e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Nil- f. Could erosion occur as a result of clearing, construction, or use: If so, generally describe. N[14 g. About what percent of the site will be covered with impervious surfaces after project constructions (for example, asphalt or buildings)? NJP- h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: NI 2. 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. NIP- b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. N14 asCq,unty Environmental ChecklistPage 3 ri Masoi ou Y C. Proposed measures to reduce or control emissions or other impacts to air, if any: NI 4 3 WATER: a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. Cast kite 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. q t S, a wwLd. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. NIq 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. Mason�� a n m �1 i � Page 4 � 1 Mn o u n t 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. V Yt Y.Yt O VJ 11 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No nf. b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities, if known. No 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example; domestic sewage, industrial, containing the following chemicals..., agricultural, etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. None.. C. Water runoff (including storm water): 1) Describe the source of runoff(including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this flow into other waters? If so, describe. NfV4 2) Could waste materials enter ground or surface waters: If so, generally describe. NJ Mn t naso m ist :�., d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: N` W 4. PLANTS: a. Check or circle types of vegetation found on the site: deciduous tree: alder, maple, aspen, other X evergreen tree: fir, cedar, pine, other X shrubs 7_grass pasture crop or grain wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other other types of vegetation b. What kind and amount of vegetation will be removed or altered? No of C. List threatened or endangered species known to be on or near the site. Un�_naw►1 d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: None. ,:$. •n. m om"' i ;vr. r ns s, Po Ys s I P 6 ?. . 0 s 5. ANIMALS a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds: Wbear heron, eagle, n birds other Mammals: elk, beaver, other Fish: bass, ialmo trout herrin shellfish other b. List any threatened or endangered species known to be on or near the site. Pou Il LX U11 ru m S a l NLO O C. Is the site part of a migration route? If so, explain. unknown d. Proposed measures to preserve or enhance wildlife, if any: uV " Bar Mana(ew o PrAUhctS' dom, (vvii - .ajoi. 6. ENERGY AND NATURAL RESOURCES: a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. NI V- b. Would your project affect the potential use of solar energy by adjacent properties: If so, generally describe. NIA- C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: N14 Mason County Environmental Checkhsk.%0,% Ao� S% 7. ENVIRONMENTAL HEALTH: a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. NCR 1) Describe special emergency services that might be required. N) 4 2) Proposed measures to reduce or control environmental health hazards, if any: NJ Fr b. Noise. 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? NJ 1- 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hour's noise would come from the site. NJ 14 3) Proposed measures to reduce or control noise impacts, if any: NJ Pr 8. LAND AND SHORELINE USE: a. What is the current use of the site and adjacent properties? S1 NMI Y{SI d inc�, Ivlotu �tnm 1Mason uounty DIMS b. Has the site been used for agriculture? If so, describe. UnKYt0W0 C. Describe any structures on the site. Slnqu amll� yuld me. d. Will any structures be demolished? If so, what? Nn e. What is the current zoning classification of the site? f. What is the current comprehensive plan designation of the site? Vnv-nuwri g. If applicable, what is the current Shoreline Master Program designation of the site? Maw ) Co u" h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. UnlCnowl1 i. Approximately how many people would reside or work in the completed project? N J H- j. Approximately how many people would the completed project displace? N14 k. Proposed measures to avoid or reduce displacement impacts, if any: mef- 4,gc Plllit' ed Mason County Li'VIS I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: N1a- 9. HOUSING: a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. NIH- b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. Nl�+ C. Proposed measures to reduce or control housing impacts, if any: N114 10. AESTHETICS: a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? 3' NunAvxtl hq Vt� on pit►' b. What views in the immediate vicinity would be altered or obstructed? No ru C. Proposed measures to reduce or control aesthetic impacts, if any: MI n i►vt 1 Zt 9 0 � �� �� �. � ` �iYwd�'xx 'A:,w k,,Ss .P 0hrmd`� fr: 1, ''y! 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? NJ A-- b. Could light or glare from the finished project be a safety hazard or interfere with views? NIR C. What existing off-site sources of light or glare may affect your proposal: N1 d. Proposed measures to reduce or control light and glare impacts, if any: t�IH 12. RECREATION: a. What designated and informal recreational opportunities are in the immediate vicinity? RecYtahmal boa�tny. b. Would the proposed project displace any existing recreational uses? If so, describe. No C. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: Rmta�unal doct- Mason County Environmental�Checklis MS!! <ac 13. HISTORIC AND CULTURAL PRESERVATION: a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. No b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. NIn C. Proposed measures to reduce or control impacts, if any: N/4 14. TRANSPORTATION: a. Identify public streets and highways serving the site and describe proposed access to the existing street system. Show on site plans, if any. N1 l- b. Is site currently served by public transit? if not, what is the approximate distance to the existing street system? Show on site plans, if any. �W C. How many parking spaces would the completed project have? How many would the project eliminate? NJ 1+ d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). NJW 1 n ount ironmen l Checkli Page 12 � .0 sore County3. e. Will the project use (or occur in the immediate vicinity of)water, rail, or air transportation? If so, generally describe. NIR f. How many vehicular trips per day would be generated by the completed project: If known, indicate when peak volumes would occur. I ' yIp g. Proposed measures to reduce or control transportation impacts, if any: N114 15. PUBLIC SERVICES: a. Would the project result in an increased need for public service (for example: fire protection, police protection, health care, schools, other)? If so, generally describe: N I W b. Proposed measures to reduce or control direct impacts on public services, if any: N�►�- I'Y--Ott *trEnYi me 1 �s � y} � w �„.. � �heckpf afc&fi x �, W 'i d—A. `Y,.,r ' ��sl...HA"�r 13 �z; � �a "E.R I 16. UTILITIES: a. Circle utilities currently available at the site: ectr" atural swat efuse service ephon , sanitary sewer, s tic s st , other: b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. No ni,. Signature: The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: Date submitted: f $� P ff' t mentil checklist Mason County Washington HYDRAULIC PROJECT APPROVAL Coastal ' Department of 48 Devonshire Road FISH and RCW 77.55.021 -Appeal pursuant to Chapter 34.05 RCW Montesano,WA 8563 WILDLIFE L C E V E D !r (360)249-4628 4j Issue Date:June 01,2006 Control Number: 105121-1 J U N U 7 2006 Project Expiration Date: March 14,2008 FPA/Public Notice#: N/A R PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Marine Floats Jack Van Horn ATTENTION: Wendell Stroud 390 Cronquist Road 1208 East D Street Allyn,WA 98524 Tacoma, WA 98421 253-383-2740 Fax:253-383-1102 Project Name: Van Horn Project Description: Construct pier, ramp and float with 8 Chemonite treated piling, 100 feet long. Remove existing float. PROVISIONS 1. Work below the ordinary high water line shall not occur from March 15 through June 14 of any year for the protection of migrating juvenile salmonids. 2. Due to the lengthy spawning period of surf smelt in this portion of Puget Sound, work below the ordinary high water line from July 1 through December 31 and January 1 through March 31 of any year may be acceptable if a WDFW representative confirms a lack of spawn during a site inspection. Arrangements for a site inspection shall be made with the Area Habitat Biologist listed below. Work shall commence within 48 hours of notification by WDFW and shall be completed within seven days of project commencement. 3. Work shall be accomplished per application approved by the Washington Department of Fish and Wildlife and dated September 19, 2005 except as modified by this Hydraulic Project Approval. A copy of these plans shall be available on site during construction. 4. All manmade debris on the beach shall be removed and disposed of upland such that it does not enter waters of the state. 5. The pier, ramp, and float centerline shall be re-established during the construction phase using the same methodology employed to establish the centerline during the vegetation survey to ensure protection of the eelgrass/herring spawning habitat. 6. The pier, ramp, and float structure shall not exceed 100 feet in total length. 7. The solid decked portions of the structure shall not exceed the following widths: the 40-foot long pier, 4 feet; the 40-foot long ramp, 4 feet; and the 24-foot long rectangular shaped float, 8 feet. 8. The 24 foot by 8 foot rectangular shaped float shall contain 50 percent area of grating that passes a minimum of 50 percent sunlight, approved by WDFW. Floatation shall be located under the solid decked area only. The grated area shall not be used for storage purposes. rom �f """ u n tw 1 5 ivi. ":, Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021 -Appeal pursuant to Chapter 34.05 RCW Montesano,WA 98563 WILDLIFE %% (360)249-4628 )a Issue Date:June 01,2006 Control Number: 105121-1 Project Expiration Date: March 14,2008 FPA/Public Notice#: N/A 9. The existing float shall not be re-located within waters of the state without written authorization from WDFW. They shall be removed and disposed of upland such that they do not re-enter such waters. 10. No portion of the dock or float system shall ground. A minimum space of 12 inches shall be maintained at all times between the bottom of the dock or float and the beach grade. 11. Floats, rafts, and associated anchoring systems shall have been designed and shall have been deployed so that the bed is not damaged. 12. Floatation for the structure shall be fully enclosed and contained to prevent the breakup or loss of the floatation material into the water. 13. As specified in the application, the 8 pilings may be Chemonite pilings treated at 1.5 pounds per cubic foot but shall not be new creosote treated pilings. 14. All piling, lumber, and other materials treated with preservatives shall be sufficiently cured to minimize leaching into the water or bed. 15. All treated wood piling and lumber to be used for the project shall meet or exceed the standards established in, 'Best Management Practices For the Use of Treated Wood in Aquatic Environments' developed by the Western Wood Preservers Institute, revised July 1996. 16. Treated piling or structures built of treated wood shall incorporate design features, such as steel, plastic or rubber collars or fendering systems, to prevent or minimize the abrasion of the treated wood by floats, ramps or vessels. 17. Sawdust, drillings, or trimmings from treated wood shall be contained with tarps or other impervious materials and prevented from contacting the beach, bed or waters of the state. 18. The pier, ramp, float, and associated moorings shall have been designed and shall have been located to avoid shading of eelgrass (Zostera spp). 19. Eelgrass and kelp shall not be adversely impacted due to any project activities (e.g., barge shall not ground, equipment shall not operate, and other project activities shall not occur in eelgrass and kelp). 20. Removal or destruction of overhanging bankline vegetation shall be limited to that necessary for the construction of the project. 21. Intertidal wetland vascular plants shall not be adversely impacted due to project activities (e.g., barge shall not ground, equipment shall not operate, and other activities shall not occur in intertidal wetland vascular plants). If such vegetation is adversely impacted, it shall be replaced using proven methodology. rr'r y})fiY Et aMason ty geit 4 u n DMS i b I :,..,.+ aN n -,IL Washington HYDRAULIC PROJECT APPROVAL coastal Department of 48 Devonshire Road FISH and RCW 77.55.021 -Appeal pursuant to Chapter 34.05 RCW Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:June 01,2006 Control Number: 105121-1 Project Expiration Date: March 14,2008 FPA/Public Notice#: N/A 22. All natural habitat features on the beach larger than 12 inches in diameter, including trees, stumps, logs, and large rocks, shall be retained on the beach following construction. These habitat features may be moved during construction if necessary. 23. Project activities shall be conducted to minimize siltation of the beach area and bed. 24. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), immediate notification shall be made to the Washington Department of Ecology at 1-800-258-5990, and to the Area Habitat Biologist listed below. 25. All debris or deleterious material resulting from construction shall be removed from the beach area and bed and prevented from entering waters of the state. 26. No petroleum products or other deleterious materials shall enter surface waters. 27. Wood treated with preservatives, trash, waste, or other deleterious materials shall not be burned below the ordinary high water line. Limited burning of untreated wood or similar material may be allowed at or above the mean higher high water line. 28. Project activities shall not degrade water quality to the detriment of fish life. PROJECT LOCATIONS Location #1 Van Horn WORK START: June 15, 2006 IWORK END: March 14, 2008 WRIA: Waterbody: Tributary to: 14.9130 Wria 14 Marine Puget Sound 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: SE 1/4 32 122 N �01 W N W Mason Location#1 Driving Directions NOTES APPLY TO ALL HYDRAULIC PROJECT APPROVALS This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW(formerly RCW 77.20). Additional authorization from other public agencies may be necessary for this project. The person(s)to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies(local,state and/or federal)that may be necessary for this project. r n fig,ar, - f'I�f «ne V Washington HYDRAULIC PROJECT APPROVAL coastal Department of 48 Devonshire Road FISH and RCW 77.55.021 -Appeal pursuant to Chapter 34.05 RCW Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:June 01,2006 Control Number: 105121-1 Project Expiration Date: March 14,2008 FPA/Public Notice#: N/A This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person(s)to whom this Hydraulic Project Approval is issued and operator(s)performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s)to whom this Hydraulic Project Approval is issued and operator(s)performing the work may be held liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day and7or a gross misdemeanor charge,possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 77.55.021 (EXCEPT agricultural irrigation,stock watering or bank stabilization projects)or 77.55.141 are subject to additional restrictions,conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The person(s)to whom this Hydraulic Project Approval is issued has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All agricultural irrigation,stock watering or bank stabilization Hydraulic Project Approvals issued pursuant to RCW 77.55.021 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the person(s)to whom this Hydraulic Project Approval is issued: PROVIDED HOWEVER,that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 77.55.301. APPEALS INFORMATION If you wish to appeal the issuance or denial of, or conditions provided in a Hydraulic Project Approval,there are informal and formal appeal processes available. A. INFORMAL APPEALS(WAC 220-110-340) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021, 77.55.141, 77.55.181, and 77.55.291: A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: (A)The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval;or (B)An order imposing civil penalties. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator,600 Capitol Way North,Olympia,Washington 98501-1091 and shall be RECEIVED by the Department within 30 days of the denial or issuance of a Hydraulic Project Approval or receipt of an order imposing civil penalties. If agreed to by the aggrieved parry,and the aggrieved party is the Hydraulic Project Approval applicant, resolution of the concerns will be facilitated through discussions with the Area Habitat Biologist and his/her supervisor. If resolution is not reached, or the aggrieved party is not the Hydraulic Project Approval applicant, the Habitat Technical Services Division Manager or his/her designee shall conduct a review and recommend a decision to the Director or his/her designee. If you are not satisfied with the results of this informal appeal,a formal appeal may be filed. B. FORMAL APPEALS (WAC 220-110-350)OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (EXCEPT agricultural irrigation,stock watering or bank stabilization projects) or 77.55.291: A person who is aggrieved or adversely affected by the following Department actions may request a formal review of: (A)The denial or issuance of a Hydraulic Project Approval,or the conditions or provisions made part of a Hydraulic Project Approval; (B)An order imposing civil penalties;or (C)Any other'agency action'for which an adjudicative proceeding is required under the Administrative Procedure Act,Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator,shall be plainly labeled as'REOUEST FOR FORMAL APPEAL'and shall be RECEIVED DURING OFFICE HOURS by the Department at 600 Capitol Way North,Olympia,Washington 98501-1091,within 30-days of the Department action that is being challenged. The time period for requesting a formal appeal is suspended during Hrintled frolne%l MasC%.) n Count ge ,of, Washington HYDRAULIC PROJECT APPROVAL coastal Department of 48 Devonshire Road FISH and RCW 77.55.021 -Appeal pursuant to Chapter 34.05 RCW Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:June 01,2006 Control Number: 105121-1 Project Expiration Date: March 14,2008 FPA/Public Notice#: N/A consideration of a timely informal appeal. If there has been an informal appeal,the deadline for requesting a formal appeal shall be within 30-days of the date of the Department's written decision in response to the informal appeal. C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (agricultural irrigation, stock watering or bank stabilization only), 77.55.141, 77.55.181,or 77.55.241: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval,or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office, 4224 Sixth Avenue SE, Building Two- Rowe Six, Lacey,Washington 98504;telephone 360/459-6327. D. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO CHAPTER 43.21 L RCW: A person who is aggrieved or adversely affected by the denial or issuance of a hydraulic Project Approval,or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The FORMAL APPEAL shall be in accordance with the provisions of Chapter 43.21 L RCW and Chapter 199-08 WAC. The request for FORMAL APPEAL shall be in WRITING to the Environmental and Land Use Hearings Board at Environmental Hearings Office, Environmental and Land Use Hearings Board,4224 Sixth Avenue SE, Building Two- Rowe Six, P.O. Box 40903, Lacey,Washington 98504;telephone 360/459-6327. E. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS results in forfeiture of all appeal rights. If there is no timely request for an appeal,the department action shall be final and unappealable. ENFORCEMENT: Sergeant Jackson (29) P3 Habitat Biologist for Director Margie Schirato 360-427-2179 ` WDFW CC: Rebecca Hersha, Mason Coutny DCD, Planning Division, P.O. Box 279, Shelton, WA 98584 Printed ty5E