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SHX2014-00007 JARPA - SHX Permit / Conditions - 4/2/2014
STA MASON COUNTY �P C DEPARTMENT OF COMMUNITY DEVELOPMENT o n 0 N Planning Division Y o N z P O Box 279, Shelton, WA 98584 7 N y y (360)427-9670 OJ �O 1864 Exemption from Shoreline Management Act Case No.: SHX2014-00007 Substantial Development Permit Requirement The Proposal By: HARVEY SCHULZ 411 N POTLATCH DRIVE I HOODSPORT,WA 98548 To undertake the following development: Repair of existing steps located against bulkhead and on platform. Replacement of decking above bulkhead. Within LAKE CUSHMAN and/or its associated wetlands is exempt from the requirement of substantial development because the development is categorized under WAC 173-27-040(2) as being category B-normal maintenance �-CPA '6�(Cm P rcan e.v Wf e- 1-7'1— 1/—FOO(3) Please contact Grace Miller at ext 360 if you have any questions. °t llil�""VLt� Issued: 4/2/2014 Expires: 4/2/2016 Authorized Local Government Official cc: APPLICANT WDFW- USACOE WDOE TRIBAL COUNCIL • ,5koKo�;sL I&,- M,-!5;"54-daf b M PLANNNG City of Tacoma - Department of Public Utilities — Real Property Services Shoreline Use Permit No.260 PREMISES Southwest Quarter of the Southwest Quarter of Section 7,Township 23 North, Range 4 West,W.M., in Mason County,Washington a l L pF k Y � t' n g 4 C7 A fib `Cf �'.... rA Jttei y ses r. _ SHM.AN _ P misesV Eta. p NOT TO SCALE REAL PROPERTY SERVICES ILLUSTRATION This illustration is not to scale. it is provided as a customer Reference NO. convenience to assist in identifying significant characteristics EXHIBIT A P2013-165 of the installation. No liability is assumed by reason of reliance hereon. t � N CV Cf) CQ Q U Z 'c T o 06 •� 1,r I � i WLO f c N r Q T cy o lJ o I1' It ` a ) Nt l.• `'` i) i1 Q ,,,�, �• i o.. fir. • - �- - t Fad - _ r -- �; N t0 CN +� - 06 4S <Jn - _ W .0 t � OCID r o Po , Y) _ k- 1 I T � d I li •! � co gi ... co O •L ? • f 2 :�, I m .E 06 tv' F— a) ai C _ _ _ W LO CD N c co CV EL cl Q. N E CL xs � Nli a m cu �. W r� _ cn �- SRI a o. �. �- t, . ' TO It o. o LO S 'e3♦ J ----------------------------- -------- ' AGENCY USE ONLY t ' M ' _ Date received: ' WASHINGTON STATE US Army Corps ' of Engineers, Seattle DistrKt ' Agency reference Joint Aquatic Resources Permit Application (DARPA) Form1 2 Tax Parcel t USE BLACK OR BLUE INK TO ENTER ANSWERS IN THE WHITE SPACES BELOW. t ' ------------------------- t t Part 1—Project Identification 1. Project Name (A name for your project that you create.Examples: 1 kTiith's Dock or Seabrook Lane Development) hel SCHULZ DOCK STAIRWAY REPAIR Part 2—Applicant The person and/or organization responsible for the project. h l 2a. Name(Last,First,Middle) HARVEY AND PATRICIA SCHULZ 2b. Organization(if applicable) 2c. Mailing Address(Street or Po Box) P.O. BOX 1096 2d. City, State, Zip HOODSPORT, WA 98548 2e. Phone(1) 2f. Phone(2) 2g. Fax 2h. E-mail 360-877-6496 503-803-6750 CELL ( harveyschulz@gmaii.com patsyschulz@gmaii.com tAdditional forms may be required for the following permits: • If your project may qualify for Department of the Army authorization through 4 Regional General Permit(RGP),contact the U.S.Army Corps of Engineers for application information(206)764-3495. • If your project might affect species listed under the Endangered Species Act,you will need to fill out a Specific Project information Form(SPIF)or prepare a Biological Evaluation. Forms can be found at w,Nlw.nws.usace.arm .millMissions/CivilWorks/Re ulato /PermitGuid ok/Endan eredS ecies.as x. • Not all cities and counties accept the JARPA for their local Shoreline permitss If you need a Shoreline permit,contact the appropriate city or county government to make sure they accept the DARPA. Zro access an online JARPA form with(help)screens,go to http://ww�,i.eoermittinq wa govisite/alias resourcecenterliaroa iaraa form/9984/a a form.assx. For other help,contact the Govemor's Office for Regulatory Innovation and Assistsice at(800)917-0043 or hem aora.wa.gov. JARPA Revision 2012.2 Page 1 of 16 Part 3—Authorized Agent or Contact Person authorized to represent the applicant about the proje (Note: Authorized agent(s) must sign 11b of this application.) hei 3a. Name (Last, First,Middle) SAME AS APPLICANT 3b. Organization (if applicable) 3c. Mailing Address (Street or Po Box) 3d. City, State, Zip 3e. Phone(i) 3f. Phone(2) 3g. Fax 3h. E-mail Part 4-Property Owner(s) Contact information for people or organizations owning the property(ies)where the project will occur. Consider both upland and aquatic ownership because the upland owners may not own the adjacent aquatic land. nei ® Same as applicant. (Skip to Part 5.) ❑ Repair or maintenance activities on existing rights-of-way or easements. (Skip to Part 5.) ® There are multiple upland property owners. Complete the section below and fill out DARPA Attachment A for each additional property owner. ❑ Your project is on Department of Natural Resources (DNR)-managed aquatic lands. If you don't know, contact the DNR at (360) 902-1100 to determine aquatic land ownership. If yes, complete JARPA Attachment E to apply for the Aquatic Use Authorization. 4a. Name(Last,First,Middle) See Part 2 and JARPA Attachment A for aquatic owner 4b. Organization (if applicable) 4c. Mailing Address (Street or PO Box) 4d. City, State, Zip 4e. Phone(1) 4f. Phone(2) 4g. Fax 4h. E-mail JARPA Revision 2012.2 Page 2 of 16 Part 5—Project Location(s) Identifying information about the property or properties where the project will occur. ❑ There are multiple project locations (e.g. linear projects). Complete the section below and use "ARt'..�,-'. Attachment B for each additional project location. 5a. Indicate the type of ownership of the property. (Check all that apply.) ® Private ❑ Federal ❑ Publicly owned (state,county,city,special districts like schools,parts,etc.) ❑ Tribal ❑ Department of Natural Resources (DNR)—managed aqu atic lands (Complete JARPA Attachment E) 5b. Street Address(Cannot be a PO Box.If there is no address,proy de other location information in 5p.) hel N 411 N Potlatch Dr N 5c. City, State, Zip(If the project is not in a city or town,provide then ime of the nearest city or town.) t Hoodsport, WA 98548 5d. County [:;_}:] Mason 5e. Provide the section, township, and range for the project location. Lhel '/4 Section Section Township Range T23N R05W 5f. Provide the latitude and longitude of the project location. hei • Example:47.03922 N lat./-122.89142 W long.(Use decimal d rees-NAD 83) 47-29.663N— 123-15.137W 5g. List the tax parcel number(s)for the project location. he • The local county assessor's office can provide this information. 42307-50-00015 5h. Contact information for all adjoining property owners. (If ou need more space,use JARPA Attachment C.) el Name Mailing Address Tax Parcel:#(if known) Rose Marie Miller PO Box 786 2307-50-00016 Hoodsport, WA 98548 John & Susanne Vander Heyden 16461 W Alvarado Dr 2307-50-00014 Goodyear AZ 85395 JARPA Revision 2012.2 Page 3 of 16 Si. List all wetlands on or adjacent to the project location. he N/A 5j. List all waterbodies (other than wetlands) on or adjacent to the project location. [hcfcy] Lake Cushman, Skokomish River 5k. Is any part of the project area within a 100-year floodplai ? Npid ❑ Yes ❑ No ® Don't know 51. Briefly describe the vegetation and habitat conditions on the property. L,t!Fa Deciduous trees: Alder, maple, aspen Evergreen trees: Cedar, fir, pine Shrubs Grasses Ferns 5m. Describe how the property is currently used. [nei] Residential/Recreational 5n. Describe how the adjacent properties are currently use Residential/Recreational 5o. Describe the structures (above and below ground) on th property, including their purpose(s) and current condition. Home—Good Decks-Good Dock—Good -with the exception of the existing steps from the dock into the water that are damaged and need to be replaced 5p. Provide driving directions from the closest highway to the project location, and attach a map. Lf� Please see attached driving directions JARPA Revision 2012.2 Page 4 of 16 Part 6—Project Description 6a. Briefly summarize the overall project. You can provide m re detail in 6b. rqi J Replacement of an existing six(6)step set of stairs from existing dock to existing concrete pad in water In same foot print, placement and configuration. Only change is that three (3)stringers will be used for steps rather than the current two (2) stringers 6b. Describe the purpose of the project and why you want or eed to perform it. (help] Existing stairway from dock into water has been damaged over the years due to the cumulative effects of wave action, logs and other debris pounding into them creating a hazardous condition. 6c. Indicate the project category. (Check all that apply) [ijel j ❑ Commercial ® Residential ❑ Institutional ❑ Transportation ❑ Recreational ❑ Maintenance ❑ Environmental Enhancement 6d. Indicate the major elements of your project. (Check as that ipply) ❑Aquaculture ❑ Culvert ❑ Float ❑ Retaining Wall ❑ Bank Stabilization ❑ Dam/Weir ❑ Floating Home (upland) ❑ Boat House ❑ Dike/Levee/Jetty ❑ Geotechnical Survey ❑ Road ❑ Boat Launch ❑ Ditch ❑ Land Clearing ❑ Scientific Measurement Device ❑ Boat Lift ❑ Dock/Pier ❑IAarina/Moorage ® Stairs ❑ Bridge ❑ Dredging ❑Oining ❑ Stormwater facility ❑ Bulkhead ❑ Fence ❑IOutfall Structure ❑ Swimming Pool ❑ Buoy ❑ Ferry Terminal ❑!Piling/Dolphin ❑ Utility Line ❑ Channel Modification ❑ Fishway ❑ Raft ❑ Other: DARPA Revision 2012.2 Page 5 of 16 6e. Describe how you plan to construct each project elemeni checked in 6d. Include specific construction methods and equipment to be used. p1qiA • Identify where each element will occur in relation to the nearest w kterbody. • Indicate which activities are within the 100-year floodplain. Existing six (6) step stairway from dock to waters of Lake Cushman will be taken apart and removed; New stairway will be constructed in the same foot print, placement and configuration as existing. Only change is that three (3) stringers will be used for steps rather than the current two (s) stringers; Decking for steps will be screwed down; All materials will be treated pursuant to BMP's and provisions of the HPA; All construction debris will be removed from site and disposed off-site 6f.What are the anticipated start and end dates for project cinstruction?(MonthNear) hel • If the project will be constructed in phases or stages,use DARPA ttachment v to list the start and end dates of each phase or stage. Start date: As soon as permitted&lake is down End Datq: Approx 2 days ❑ See JARPA Attachment D 6g. Fair market value of the project, including materials, labor, machine rentals, etc. hel $500.00 6h.Will any portion of the project receive federal funding? :. j • If yes,list each agency providing funds. ❑ Yes ® No ❑ Don't know Part 7-Wetlands: Impacts and Mitigation ❑ Check here if there are wetlands or wetland buffers on or adjacent to the project area. (if there are none, skip to Part 8.) n[ eu 7a. Describe how the project has been designed to avoid and minimize adverse impacts to wetlands. rieIJ ❑ Not applicable JARPA Revision 2012.2 Page 6 of 16 71b.Will the project impact wetlands? hel ❑ Yes ❑ No ❑ Don't know 7c.Will the project impact wetland buffers? hei ❑ Yes ❑ No ❑ Don't know 7d. Has a wetland delineation report been prepared? • If Yes,submit the report,including data sheets,with the JARPA package. ❑ Yes ❑ No 7e. Have the wetlands been rated using the Western Washington or Eastern Washington Wetland Rating System? Vn=1 • If Yes,submit the wetland rating forms and figures with the JARPA package. ❑ Yes ❑ No ❑ Don't know 7f. Have you prepared a mitigation plan to compensate for any adverse impacts to wetlands? hel • If Yes,submit the plan with the JARPA package and answer 7g. • If No,or Not applicable,explain below why a mitigation plan should not be required. ❑ Yes ❑ No ❑ Not applicable 7g. Summarize what the mitigation plan is meant to accomplish, and describe how a watershed approach was used to design the plan. 7h. Use the table below to list the type and rating of each wetland impacted, the extent and duration of the impact, and the type and amount of mitigation proposed. Or if you are submitting a mitigation plan with a similar table, you can state (below)where we can find this information in the plan. Ln�_-1 Activity(fill, Wetland Wetland Impact Duration Proposed Wetland drain,excavate, Name' type and area(sq. of impace mitigation mitigation area flood, etc.) rating ft. or type' (sq. ft. or catego s Acres) acres) JARPA Revision 2012.2 Page 7 of 16 r If no official name for the wetland exists,create a unique name(such as"Wetland '). The name should be consistent with other project documents,such as a wetland delineation report 2 Ecology wetland category based on current Western Washington or Eastern Washington wetland Rating System.Provide the wetla^_ i ratino forms with the JARPA package. 3 Indicate the days,months or years the wetland will be measurably impacted by the activity.Enter"permanent'if applicable. `Creation(C),Re-establishment/Rehabilitation(R),Enhancement(E),Preservation(P),Mitigation Bank/In-lieu fee(B) Page number(s)for similar information in the mitigation plan, if available: 7i. For all filling activities identified in 7h, describe the source e and nature of the fill material, the amount in cubic yards that will be used, and how and where it will be plaoid into the wetland. nei 7j. For all excavating activities identified in 7h, describe the excavation method, type and amount of material in cubic yards you will remove, and where the material will t e disposed. Lhcjq,I Part 8—Waterbodies (other than wetlands): Impacts and Mitigation In Part 8, "waterbodies" refers to non-wetland waterbodies. (See Part 7 for information related to wetlands.) ® Check here if there are waterbodies on or adjacent to the project area. (If there are none, skip to Part 9.) 8a. Describe how the project is designed to avoid and minimize adverse impacts to the aquatic environment. hei ❑ Not applicable DARPA Revision 2012.2 Page 8 of 16 The project will result in minimal negative impact to Lake Cushman which will be mitigated through the use of BMP's, compliance to provisions of the HPA and removal of tlnanmade debris from the beach. 8b.Will your project impact a waterbody or the area around a waterbody? Lnego ❑ Yes ® No JARPA Revision 2012.2 Page 9 of 16 8c. Have you prepared a mitigation plan to compensate for the project's adverse impacts to non-wetland waterbodies? (! <:I;:i • If Yes,submit the plan with the JARPA package and answer 8d. • If No,or Not applicable,explain below why a mitigation plan should not be required. ❑ Yes ❑ No ® Not applicable Please see 8a above 8d. Summarize what the mitigation plan is meant to accomplish. Describe how a watershed approach was used to design the plan. • If you already completed 7g you do not need to restate your answer here. hei The project will result in minimal negative impact to Lake Cushman which will be mitigated through the use of BMP's, compliance of provisions of the HPA and removal of manmade debris from the beach. 8e. Summarize impact(s)to each waterbody in the table below. L,;i] Activity (clear, Waterbody Impact Duration Amount of material Area (sq. ft. or dredge, fill, pile name' location of impact3 (cubic yards) to be linear ft.) of drive, etc.) placed in or waterbody removed from directly affected waterbody If no official name for the waterbody exists,create a unique name(such as"Stream 1")The name should be consistent with other documents provided. 2Indicate whether the impact will occur in or adjacent to the waterbody. If adjacent,provide the distance between the impact and the waterbody and indicate whether the impact will occur within the 100-year flood plain. 3 Indicate the days,months or years the waterbody will be measurably impacted by the work. Enter"permanent"if applicable. 8f. For all activities identified in 8e, describe the source and iature of the fill material, amount(in cubic yards) you will use, and how and where it will be placed into the waterbody. JARPA Revision 2012.2 Page 10 of 16 8g. For all excavating or dredging activities identified in 8e, c escribe the method for excavating or dredging, type and amount of material you will remove, and where the material will be disposed. Part 9—Additional Information Any additional information you can provide helps the reviewer(s) understand your project. Complete as much of this section as you can. It is ok if you cannot answer a question. 9a. If you have already worked with any government agencies on this project, list them below. hel Agency Name Contact Name Phone Most Recent Date of Contact Mason County Grace Miller 360-427-9670 x 360 2/21/2014 Tricia Wolett 360-427-9670 x 352 2/21/2014 Tacoma Power Dori Bishop 253.502-8873 2/21/2014 Kyrra Wilson 253.502-5233 2/21/2014 Lake Cushman Maint Co Karen Hranac (360) 877-5233 9b. Are any of the wetlands or waterbodies identified in Part 7 or Part 8 of this JARPA on the Washington Department of Ecology's 303(d) List? • If Yes,list the parameter(s)below. • If you don't know, use Washington Department of Ecology's Wator Quality Assessment tools at: htti)://www.ecy.wa.gov/programs/wq/303d/. ❑ Yes ® No 9c.What U.S. Geological Survey Hydrological Unit Code (HUC) is the project in? • Go to htto://cfyub.ei)a.gov/surf/locatefiindex.cfm to help identify the HUC. 17110017 9d.What Water Resource Inventory Area Number(WRIA#)is the project in? • Go to http://www.ecy.wa.gov/servicestgis/maps/wria/Wria.htm to I nd the WRIA#. JARPA Revision 2012.2 Page 11 of 16 WRIA#16 9e.Will the in-water construction work comply with the State of Washington water quality standards for turbidity? heI • Go to h_p:/Avww.ecy.wa.gov/programs/wq/swgs/criteria.htmi for the standards. ® Yes ❑ No ❑ Not applicable 9f. If the project is within the jurisdiction of the Shoreline Management Act, what is the local shoreline environment designation? [tii j�j • If you don't know,contact the local planning department. • For more information,go to:hftp://www.ecv,wa.gov/programs/se ii/sma/laws rules/173-261211 designations.htmi. ❑ Rural ® Urban ❑ Natural ❑Aquatic Conservancy ❑ Other 9g.What is the Washington Department of Natural Resourc s Water Type? ieI • Go to_t",.1//- ,, ,/i3usinessPermitsfTo ics/ForestPrac'cesA lications/Pa es/ watertVping.aspx for the Forest Practices Water Typing System. ❑ Shoreline 0 Fish ❑ Non-Fish Perennial ❑ Non-Fish Seasonal 9h.Will this project be designed to meet the Washington Department of Ecology's most current stormwater manual? I ;J • If No,provide the name of the manual your project is designed to meet. ® Yes ❑ No Name of manual: 9i. Does the project site have known contaminated sedimen tlel • If Yes, please describe below. ❑ Yes ® No 9j. If you know what the property was used for in the past, doscribe below. L' Waterfront recreational property/residential SFR 9k. Has a cultural resource (archaeological) survey been performed on the project area? • If Yes,attach it to your JARPA package. ® Yes❑ No Tacoma Power has conducted a Cultural Resource Survey. Please contact Dori Bishop, Tacoma Power 253-502-8873 for a copy—we have not been provided with it as of this date. JARPA Revision 2012.2 Page 12 of 16 91. Name each species listed under the federal Endangered 3pecies Act that occurs in the vicinity of the project area or might be affected by the proposed work. et Puget Sound Chinook Salmon Puget Sound Steelhead The Bull Trout The Marbled Murrelet Northern Spotted Owl 9im. Name each species or habitat on the Washington Department of Fish and Wildlife's Priority Habitats and Species List that might be affected by the proposed work. ( ] Part 10—SEPA Compliance and Permits Use the resources and checklist below to identify the permits you are applying for. • Online Project Questionnaire at t-ittp://apps.ecy.wa. /o as/. • Governor's Office for Regulatory Innovation and Assi tance at(800) 917-0043 or help,Cca)_ora.wa.gov. • For a list of addresses to send your JARPA to, click on -gency addresses Tol, completed JARPA. 10a. Compliance with the State Environmental Policy Act (S PA). (check all that apply.) ei • For more information about SEPA,go to www.eey_v a.�ox 0—ra slsea/sepa/e-review.html. ❑A copy of the SEPA determination or letter of exemption is included with this application. ®A SEPA determination is pending with Mason County (lead agency). The expected decision date is unknown ❑ I am applying for a Fish Habitat Enhancement Exemption. (check the box below in 10b.)[tpjpJ JARPA Revision 2012.2 Page 13 of 16 I ❑This project Is exempt(choose type of exemption below). ❑ Categorical Exemption. Under what section of the EPA administrative code (WAC) is it exempt? ❑ Other: ❑ SEPA is pre-empted by federal law. JARPA Revision 2012.2 Page 14 of 16 10b. Indicate the permits you are applying for. (Check all that ply.) i_,_J LOCAL COVER MENT Local Government Shoreline permits: ❑ Substantial Development ❑ Conditional Use ❑Variance Shoreline Exemption Type (explain): Other City/County permits: ❑ Floodplain Development Permit ❑ Critical Area 5 Ordinance STATE GOVER MENT Washington Department of fish and Wildlife: ® Hydraulic Project Approval (HPA) ❑ Fish Habitat Enhancement Exemption—Attach Exemption Form Effective July 10, 2012, you must submit a check for$150 to Washington Department of Fish and Wildlife, unless your project qualifies for an exemption or alternative payment method below. Do not send cash. Check the appropriate boxes: $150 check enclosed. Check# 27V , Attach check made payable to Washington Department of Fish and Wildlife. ❑Charge to billing account under agreement with WDFW.Agreement# ❑My project is exempt from the application fee. (Check appropriate exemption) ❑ HPA processing is conducted by applicant-funded WDFW staff. Agreement# ❑ Mineral prospecting and mining. ❑ Project occurs on farm and agricultural land. (Attach a copy of current land use classification recorded vv th the county auditor,or other proof of current land use.) ❑ Project is a modification of an existing HPA origii ially applied for, prior to July 10, 2012. HPA# Washington Department of Natural Resources: ❑Aquatic Use Authorization Complete Piaui inent � and submit a check for$25 payable to the Washington Department of Natural Resources. Do not send cash. Washington Department of Ecology: ❑ Section 401 Water Quality Certification FEDERAL GOVEIRNMENT United States Department of the Army permits (U.S.Army Corps of Engineers): ❑ Section 404 (discharges into waters of the U.S.) ® Section 10 (work in navigable waters) United States Coast Guard permits: ❑ Private Aids to Navigation (for non-bridge projects) JARPA Revision 2012.2 Page 15 of 16 Part 11—Authorizing Signatures Signatures are required before submitting the DARPA package. The JARPA package includes the JARPA form, project plans, photos, etc. nrl 11a.Applicant Signature (required) I certify that to the best of my knowledge and belief,the information provided in this application is true, complete, and accurate. I also certify that I have the authority to carry out the proposed activities, and I agree to start work only after I have received all necessary permits. I hereby authorize the agent named in Part 3 of this application to act on my behalf in matters related to this 'application. f' �. (initial) By initialing here, I state that I have the authority to grant access to the property. I also give my consent to the permitting agencies entering the property where the project is located tq inspect the project site or any work related to the project. 7kt (initial) Harvey and Patricia Schulz X X ,/,���� Applicant Printed Name Applicant Signature Date 11 b. Authorized Agent Signature [hel I certify that to the best of my knowledge and belief, the information provided in this application is true, complete, and accurate. I also certify that I have the authority to carry out the proposed activities and I agree to start work only after all necessary permits have been issued. Authorized Agent Printed Name Authorized Agent Si nature Date 11c. Property Owner Signature (if not applicant) �i Not required if project is on existing rights-of-way or easements. I consent to the permitting agencies entering the property where the project is located to inspect the project site or any work. These inspections shall occur at reasonable times and, if practical, with prior notice to the landowner. Property Owner Printed Name Property Owner Sig ature Date 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. If you require this document in another format,contact the Governor's Office for Regulatory Innovation and Assistance(ORIA)at(800) 917-0043. People with hearing loss can call 711 for Washington Relay Service. People with a speech disability can call(877)833-6341. ORIA publication number: ENV-019-09 rev.08/2013 JARPA Revision 2012.2 Page 16 of 16 Subject: Photos for RSP 411N Potlatch Drive North , Hoodsport WW(Parcel No. 307-50-00015) Lot 15,Assessor's Plat of Lake Cushman No 2 Harvey and Pat Schulz z 11hese steps will need to be replaced as " . t e wave action an lags have damaged t em. The new steps will us the sarne m nfiguration with the exception of 3 - _ ringers rather than 2. ' I hese steps sit on the cement platform. r ,ter '' —,---;----r xuzms!ce-�. 9 t by i r�! 01 4 milk d �• 'Y a IS F" E r� 2Q 1 T • yq ?. � y LIA V � t '�•�.to 't���" � .? ,, 7 E. T\ _ - - �1 x o • r`' o Ste'- •��`, � � � -a 1 t {ti 1 1 i ra !, i1 Mason County Building Department Residential Deck, Stair, Landing and Guard Detail Guard installed on all decks over 30"above arade. The greatest riser and th greatest stair Spaced so a 4-sphere Vertical Pickets at handrail tread shall not ex d the cannot pass through. smallest by more t n 318.' Graspable handrail an all stairways with 4 or more risers. Ir Not less than 34`and not more than 38" vertically from nose of i tread or walking surface. MSnimu m Guard Height 36• Handrail ends shall be returned or shall ? terminate in newell posts or safety term finals. t ` i ��Ledger at wall Indicate ioist size/saacina Decks shall be 10'min. 1 Stair nosing not less than positively archcred 314"but not more than for lateral&vertical ason 1-114"on all solid risers r1nd.,cate beam ° County deckicads.see s edger 3,4. tspacing.Prov deunless tread depth is ;attachment detail. least 11." max. Isitive connection post i !"t Decks shall be salt supporting if --- Indicate Indicate post size, I connections cannot Indicate fasteners p spacing I be verified dur ng stringer size. and base connector. inspection.R502= Space per ':7decking material Triangular opening farmed by 4"x4-x16°masonry t_' riser/Veadlguard are permit- block with asphalt udn tad to be open so Utat a 6" I shim. sphere cannot pass 7tro6 Decks installed against manufactured homes must have beam support at this Provide 4'woodtearth clearance here, location. 6'all other areas. Concrete footing 12"below grade wh deck is greater --- -�—_-- ---- than 30'above grade.See foundation o on reverse side. Typical Door with 3 Risers CONSTRItCTION MA7E LS Ilium inate stairs Decay resistrnt woods with controls Landings are required on heartwood of redwood,cedar, located at top and each side of each black locust abd pressure bottom of stairs. exterior door., preservatively heated wood Exception:A landirrg. are all acceptable materW for 6's- - is not required with' use in deck conspuction Field Graspable Rail M1tin. two or fewer risers. applied treatrn*nt is not an t"n»n acceptable method. Fasteners for pressure Pservafive Landings shall not be treated woods all be dt hot- 36"min more than 1-11T dipped galva ¢ed steel, landing } lower Than the top of, stainless steel,ifikcon bronze the threshold_ or copper. FW cut ends, Min. 10-run' + Exception: notches and dried holes of , �r The landing shag pressure preservatively treated not be more than 7-314"lower wood shall be retreated at the -- Max.7 31 4' rise than the threshold provided the field in accordance with AWPA 36"min do does not swing over the landing.' M k landing or lRC R319 W R320. P 2/21/2014 Shelton,WA to 411 North Potlatch Dr N,Hoodsport,WA 98548-Goog le Maps Directions to 411 North Potlatch Dr N, Hoodsport, WA 98548 Ga' ste 26.9 mi —about 43 mins HARVEY AND PATRICIA 3CHULZ 411 N Potlatch Drive N Hoodspott, WA 98584 B l6,irk A— j -14 - 5 iVp t=. i J 7 f142 .« P, ton r IL @2014 Google Map data.Q.W4 Google https://maps.google.corn/rreps?Fd&source=s d&saddr=steelton,+wa&daddr=411+h-r Pcdatch+Dri\e+North,+HoodSport,+WA,+North+Anierica8ht=en&ge... 1/2 20/2014 Shelton,WA to 411 North Potlatch Dr N Hoodsport,WA 98548-Google Maps Shelton, WA 1. Head north on N 2nd St toward W Pine St go 56 ft total 56 ft 41 2. Turnleft onto W Pine St go 305 It total 361 ft 3. Take the 1 st right onto N 3rd St go 279 ft total 0.1 mi i 4. Take the 1st left onto W Alder St go 0.6 mi About 2 mins total 0.7 mi 5. Continue onto Olympic Hwy N go 1.3 mi About 3 mins total 2.0 mi 41 6. Turnleft onto E Wallace Kneeland Blvd go 289 ft total 2.0 mi 101 7. Turn right to merge onto Hwy 101 NtUS-101 N toward Port Angeles go 13.4 mi About 17 mins total 15.4 mi 119 8. Turn left onto WA-119 N/N Lake Cushman Rd go 9.2 mi About 16 mins total 24.7 mi 119 9. Turn left to stay on WA-119 N/N Lake Cushman Rd go 1.6 mi About 3 mins total 26.3 mi 10. Turn left onto Mt Church Dr go 0.2 mi About 52 secs total 26.4 mi 11. Take the 1st right to stay on Mt Church Dr go 0.2 mi total 26.6 mi 14 12. Turn right onto North Potlatch Dr N go 0.3 mi total 26.9 mi About 45 secs B 411 North Potlatch Dr N, Hoodsport, WA 98548 These directions are for planning purposes only.You may find that construction projects,traffic,weather,or other events may cause conditions to differ from the map results,and you should plan your route accordingly.You must obey all signs or notices regarding your route. Map data©2014 Google Directions w eren't right?Please find your route on maps goog .com and click_Report a problem at the bottom left. h hdpsl/maps.google.comlrnaps?f=d&sources_d&saddr=shelton,+vra&daddr=411+Nor"Potlatch+Dri\e+North,+Hoodsport,+WA,+North+America&N=en&ge... 2C2 SEPA Contact List MASON COUNTY DCD Sent3EFEA i►x7L�1�1- � to heck all that apply)on `/ Skokomish Tribal Nation WA Department of Ecology Natural Resources Dept. Environmental Review Section ATTN: Randy Lumper PO BOX 47703 N 541 Tribal Center Rd. Olympia,WA 98504-7703 Skokomish Nation,WA 98584 separegister@ecy.wa.gov rlumper@skokomish.org WA Department of Commerce Tribal Historic Preservation Officer reviewteam@commerce.wa.gov ATTN: Kris Miller 80 N Tribal Center Rd U.S.Army Corps of Engineers Skokomish Nation,WA 98584 SEPA Reviewer-Darren Habel shlanay1@skokomish.org PO Box C-3755 Seattle,WA 98124 1 Quinault Indian Nation darren.habel@usace.army.miI ATTN: Mark Mobbs PO Box 189 WA Dept. of Fish and Wildlife Tahola,WA 98587 ATTN: Margie Schirato(saltwater) mmobbs@quinault.org I 2391 W Deegan Rd. / Shelton,WA 98584 f/ Squaxin Tribal Nation schirmms@dfw.wa.gov Natural Resources Dept. 2952 SE Old Olympic Highway WA Dept. of Fish&Wildlife Shelton,WA 98584 ATTN: Gloria Rogers,Area Habitat Biologist jdickison@squaxin.nsn.us 48 Devonshire Rd Montesano,WA 98563-9618 The Confederated Tribe of the Chehalis gloria.rogers@dfw.wa.gov ATTN: SEPA Reviewer-Glen Connelly 420 Howanut Rd. WA Dept. of Transportation Oakville,WA 98568 ATTN: Dale Severson gconnelly@chehalistribe.org P.O. Box 47440 Olympia,WA 98504-7440 WA DNR, South Puget Sound Region OR-SEPA-REVIEW@wsdot.wa.gov ATTN: South Puget Sound Region 950 Farman Avenue North r7 City of Shelton Enumclaw,WA 98022-9282 525 West Cota St. southpuget.region@dnr.wa.gov Shelton,WA 98584 jasond@ci.shelton.wa.us WA DNR,Aquatic Resources ATTN:Aquatic Resources Port of Shelton PO BOX 47027 ATTN: Brandon Palmer Olympia,WA 98504-7027 21 West Sanderson Way and@dnr.wa.gov Shelton,WA 98584 BrandonP@portofshelton.com WA DNR, SEPA Center ATTN: External Coordinator Office of Archaeology&Historic Preservation PO BOX 47015 ATTN: Lance Wollwage Olympia,WA 98504-7015 P.O. Box 48343 sepacenter@dnr.wa.gov Olympia,WA 98504-8343 Lance.Wollwage@dahp.wa.gov Olympic Region Clean Air Agency Fran McNair M Tacoma Public Utilities 2940-B Limited Ln. NW Real Property Services Olympia,WA 98502 ATTN: Dave Letterman fran.mcnair@orcaa.org 3628 S 35th St,Tacoma,WA 98409-3192 dletterm@cityoftacoma.org Mason County Transit Mike Oliver School District.- PO Box 1880, Shelton,wa 98584 Mason Cty P.W. ATTN: moliver@masontransit.org Mason Cty E.H.ATTN: Mason County Bldg Attn: Applicant: 44aV'VQ �5�4u Agent: Mai ck of � L� j �-} off'" Wk ` Z5gg s I' 3628 South 35`h Street Tacoma,Washington 98409-3192 TACOMA POWER TACOMA PUBLIC UTILITIES TACOMA PUBLIC UTILITIES February 18 2014 ' y Harvey and Patricia Schulz PO Box 1096 Hoodsport, WA 98548-1096 Subject: Shore Line Use Permit No. 260 411 N Potlatch Drive North - Hoodsport, WA(Parcel No. 42307-50-00015) Lot 15, Assessor's Plat of Lake Cushman No. 2 Dear Mr. and Mrs. Schulz, P Enclosed for your records is the fully executed Shoreline Use Permit (SUP) document related to your property on Lake Cushman. Pursuant to Section 3.13 of this Permit, Please confirm when you expect to begin all construction and/or replacement activities. Also, upon completion of all construction and/or replacement activities please make sure to affix Shoreline Structure No. "2-15" to the permitted structures as specified in Section 11.13 of this Permit and provide "as-built" photos verifying placement of required permit number. When construction is complete, please let me know and a final inspection can be conducted, if necessary. I'll send you a copy of the Memorandum of Shoreline Use Permit once it has been recorded with the Mason County Auditor and returned to me. If you have any questions regarding this matter", please call me at (253) 502-8873. Sincerely, Dori Bishop Real Property Services DJ B/546 Enclosure: Fully Executed Shoreline Use Permit No. 260 cc: Bret Forrester, Wildlife and Lands Manager CITY OF TACOMA DEPARTMENT OF PUBLIC UTILITIES SHORELINE USE PERMIT NO. 260 LAKE CUSHMAN (Docks, Wall, Deck, Platform, Bulkhead and Steps) Reference No.: P2013-165/SUP260 Structure No. 2-15 Grantor: City of Tacoma, Department of Public Utilities, Light Division (d.b.a. Tacoma Power) Permittee: Harvey R. Schulz and Patricia Ann Schulz(h/w) Adjacent Parcel'(s) Legal Description: Lot 15 of Lake Cushman No. 2; within the Southwest Quarter of the Southwest Quarter of Section 7, Township 23 North, Range 4 West, W.M. Tax Parcel No.(s) of Adjacent Parcel: 42307-50-00015 County: Mason Permit Expiration Date: " day of , 2019 Supercedes and Replaces Unrecorded Tacoma Power eservoir Structure Permit No. 2-15 dated August 10, 1987 CONTACT INFORMATION PERMITTEE: GRANTOR: Harvey R. Schulz and Patricia Ann Schulz Tacoma Public Utilities PO Box 1096 Real Property Services Hoodsport,WA 98548 3628 South 35th Street, (360) 877—6496 Tacoma, Washington 98409 (253) 396-3060 This Shoreline Use Permit ("Permit") made and entered into this 6-0_L_�dayof 2014 ("Effective Date") by and between the CITY OF TACOMA, DEPARTMENT OF PURL UTILITIES, LIGHT DIVISION (d.b.a. Tacoma Power), a municipal corporation, hereinafter referred to as "Tacoma Power," and Harvey R. Schulz and Patricia Ann Schulz, husband and wife, hereinafter referred to as "Permittee." RECITALS WHEREAS, Tacoma Power owns, operates, and maintains the Cowlitz River Hydroelectric Project and associated reservoirs and real property, including the Premises as defined herein, pursuant to a Federal Energy Regulatory Commission issued hydroelectric project license ("FERC License"), and WHEREAS, pursuant to said FERC License and Tacoma Power land use policies and procedures, Tacoma Power issues land use permits for use of hydroelectric project reservoir shoreline areas, and f Shoreline Use Permit No.260 Page 1 of 17 Permittee Initials: ,7 '° Form Date:815/13 i WHEREAS, the FERC License allows Tacoma Power to permit the use of reservoir shoreline areas only if the proposed use and occupancy is consistent with the purposes of protecting and enhancing the scenic, recreational, and other environmental values of the project. WHEREAS Permittee desires to use a specified portion of said reservoir shoreline area for the structure, improvement, or use as specified in this Permit, and WHEREAS, Tacoma Power is willing to grant permission to Permittee to access and use a portion of its real property for the specified structure, improvement, or use strictly as specified in this Permit and issue Permittee a real property license to use said real property per the terms and conditions specified herein. WITNESSETH NOW THEREFORE, the Parties, for and in consideration of the mutual benefits and covenants herein contained, do hereby mutually agree as follows: 1. LICENSE. A. Grant of License/ Description of Premises. Tacoma Power does hereby grant to the Permittee limited, non-exclusive, revocable permission to use the following described Premises for the Permitted Use defined herein subject to the terms and conditions specified herein: The lake and shoreland from the lake level to the 742-foot contour elevation (Cushman Datum) adjacent to Lot 15, Plat of Lake Cushman No. 2, recorded in Volume 6 of Plats, pages 85 through 86, inclusive, records of Mason County, Washington, and located between the Southwesterly extension of the Westerly line of said Lot 15 and the Southwesterly extension of the Easterly line of said Lot 15, to a lateral distance of 40 feet into Lake Cushman from said 742-foot contour. For reference purposes of this description U.S.G.S. benchmark"J-32" in the top of Cushman Dam equals elevation 741.50 feet(Cushman Datum). The Premises herein described is shown on Exhibit "A" (attached). 1 B. Purpose. i. Permitted Use. Tacoma Power permits the Premises to be used by the Permittee only for the express purpose of: • a 5' stone block retaining wall with 2 to 3 11-foot wide stone steps (3-foot total rise) r a 46' x 10' wood deck with railing '''' • a 5'-8" concrete bulkhead along the length of the property line j ',' • a 29' long x 7' wide x 13' height fixed dock with 2" x 6" wood slats for debris protection and a railing along one side � Shoreline Use Permit No.260 Page 2 of 17 Permittee Initials: ` Form Date:8/5/13 • a wood stairway (6 steps—43" high) with railing on one-side from fixed dock to a 6' wide x 10' long concrete platform • a 10' x 14' floating wood dock with steel pilings-and a 3' wide x 9.5' long wood ramp with a railing on one-side Construction, installation, use and/or maintenance of the fixed dock and floating dock, deck, stone block retaining wall, bulkhead, concrete platform and steps as depicted in Exhibits "B-1" through "B-4" attached hereto and by this reference incorporated herein. This Permit replaces and supercedes unrecorded Reservoir Structure Permit No. 2-15 dated August 10, 1987. ii. Recreational Use. This Shoreline Use Permit is granted for recreational and other purposes as defined and authorized by RCW 4.24.210. iii. No Other Use Is Permitted. Permittee shall make no other use of the Premises or change or enlarge Permittee's use thereof without prior written approval of Tacoma Power. C. No Property Rights Are Granted. This Shoreline Use Permit does not convey any right, title, or interest in real property or in the above described Premises. The permission granted by this Permit is only a license in real property. • D. Special Conditions. This Permit is authorized and permitted under Tacoma Power's Prior Existing Use policies. The Permitted Use herein that does not comply with current Tacoma Power requirements related to improvements is authorized only to the extent they comply with Tacoma Power's Prior Existing Use policies. "Prior Existing Uses" (also called Grandfathering) are uses of .Tacoma Power real property established prior to current policy requirements that Tacoma Power is willing to authorize under certain conditions specified by policy.) 2. DEFINITIONS. The following capitalized terms shall have the specified meanings throughout this Permit. A. Adjacent Parcel: The real property that is adjacent to the Premises and is owned, leased, or licensed by Permittee. B. FERC: The Federal Energy Regulatory Commission. C. Permit: This Shoreline Use Permit document which grants a real property license as described and authorized herein. D. Permit Extension: An additional extension of an existing permit per Section 3.C. E. Permitted Use: The permitted use of the Premises as detailed in Section 1.13. Shoreline Use Permit No. 260 Page 3 of 17 Permittee Initials: Form Date:8/5113 , , F. Premises: The Tacoma Power real property as defined in Section 1.A. for which Tacoma Power has granted permission to use per the terms and conditions of this Permit. G. Project Lands: Lands included in the project boundary of a hydropower license or license application issued by the FERC and over which the FERC license exerts authority. H. Shoreline Property: The real property owned by Tacoma Power both upland of and adjacent to the applicable high water line and extending below the high water line, including the beds of the reservoirs that have been identified by Tacoma Power as being eligible for certain types of Shoreline Uses. I. Shoreline Use: The installation of any permanent or temporary structure or improvement, the placement of any object, the establishment of any prolonged use or activity, the conducting of any organized event, and/or any action that disturbs the ground or vegetation on Shoreline Property owned or controlled by Tacoma Power. J. Shoreline Use Permit: This Permit document which grants the real property license described and authorized herein. K. Term: The time period specified in Section 3.A. during which a Shoreline Use Permit is authorized. L. Utility Systems: The poles, conduits, conductors, wires, structures, facilities, equipment, devices, and all other items, that Tacoma Power uses or owns as part of its generation, transmission, and distribution of electrical energy including any facilities that are required in the license for fish, recreation or wildlife. 3. PERMIT PERIOD. A. Term. The period of this Permit and the permission and license granted herein shall be effective for a five (5)year period beginning on the Effective Date. B. Termination for Failure to Start Construction of Authorized Improvement or Structure. Any construction authorized herein.must be initiated within eighteen (18) months following Permit issuance otherwise this Permit will automatically terminate. Permittee must notify Tacoma Power in writing within thirty(30) days of initiating construction in order to avoid automatic Permit termination. C. Permit Extension. A Permit Extension may, at Tacoma Power's sole discretion, be issued for additional, consecutive periods not to exceed five (5)years per extension, if all permit conditions and uses remain unchanged and all permitted structures and/or improvements are in compliance Shoreline Use Permit No.260 Page 4 of 17 Permittee Initials: Form Date:815/13 with the terms and conditions of this Permit. Permittee must submit an extension request and applicable fee to Tacoma Power no later than ninety (90) days before permit expiration. A mandatory site inspection will be required for all Permit Extensions. 4. FEES AND COSTS. A. Tacoma Power Fees. Permittee shall pay all fees and charges specified in and in accordance with Exhibit C "Shoreline Use Specifications and Permitting Guidelines" (see Appendix D: Permit Application Fee Schedule) attached. S. Permittee Assumes all Costs. Permittee hereby expressly assumes all costs associated with this Permit and/or costs arising in connection with the use and improvement of the Premises permitted hereunder.All costs, expenses, and responsibilities for the construction, installation, operation and maintenance of the permitted structure(s) and/or improvement(s), including the expense of obtaining all necessary federal, state and local permits or approvals, shall be borne solely by Permittee. Tacoma Power shall not be responsible for any such costs, whether or not presently known or contemplated. C. Permittee to Pay Costs to Enforce Conditions of Permit. • Permittee agrees to reimburse Tacoma Power for any costs (including reasonable attorneys fees)that Tacoma Power may incur in enforcing the terms and conditions of this Permit. Permittee shall reimburse Tacoma Power for all damages to Tacoma Power property resulting from any violation of this Permit. 5. NO WARRANTY. Tacoma Power does not warrant its authority to permit the above described Permitted Use and Permittee shall secure any other rights that are needed for Permittee's lawful use of the Premises. 6. TACOMA POWER'S RIGHTS. A. Tacoma Power May Impact or Damage Permittee's Structure or Improvement. Tacoma Power in the course of operating its Utility Systems, including controlling the water levels in the reservoirs, may damage any permitted use, improvement, or structure installed by Permittee. Permittee assumes the risk of its limited use rights and Tacoma Power's paramount rights. Permittee shall be responsible for the costs and expenses in repairing or restoring said use, improvement, or structure. Shoreline Use Permit No.260 Page 5 of 17 Permittee Initials: { ' Form Date:8/5/13 B. Tacoma Power May Require Permittee to Move or Modify Permitted Use or Improvements. Permittee shall promptly move or modify the Permitted Use, including any structures or improvements, at Permittee's expense upon notice from Tacoma Power should Tacoma Power determine that said use, structures, or improvements interfere or conflict with Tacoma Power's operations. Should Permittee fail to move or modify said structures or improvements as directed in any notice from Tacoma Power, Permittee shall be considered in violation of this Permit and Tacoma Power may move, modify, or remove said structure or improvements and terminate this agreement as allowed and specified in Sections 20 and 21 herein. C. Tacoma Power May Prescribe Additional Rules and Regulations. Tacoma Power reserves the right at any time to prescribe additional rules and regulations for the use, conduct, and maintenance of the Premises that may impact the Permitted Use under this Permit. Tacoma Power will endeavor to give notice to Permittee within sixty (60) days of the adoption or approval by Tacoma Power of any such additional rules and - regulations. 7. USE AND CONTROL OF THE PREMISES. A. The Permitted Use is Subordinate to Tacoma Power's Paramount Rights. Permittee hereby acknowledges that the primary purpose and use of the Premises is the use, operation, and maintenance of Tacoma Power's FERC licensed hydroelectric project. The permission granted herein is subordinate to and subject to the paramount right of Tacoma Power to use the Premises and Project Lands, and nothing herein shall prevent Tacoma Power from using the Premises or Project Lands or affect its right to full supervision and control over the Premises and Project Lands. B. Permit Non-Exclusive. This Permit is non-exclusive, and shall not prohibit Tacoma Power from granting other permits for use of the Premises of like or other nature to others. 8. OWNERSHIP OF IMPROVEMENTS. A. Ownership of Removable Structures / Improvements. i. As used in this Section 8.A. "Removable Structures/ Improvements" means any permitted structure or improvement that can be removed without impacting Tacoma Power's real property as determined by Tacoma Power. Most permitted Shoreline Structures/ Improvements are considered removable. ii. Permittee agrees and covenants that any existing Removable Structures/ Improvements covered under this Permit that were not built by or do not belong to Tacoma Power and any future Removable Structures/Improvements that Tacoma Power permits to be built by said Shoreline Use Permit No.260 Page 6 of 17 Permittee Initials: 7 /F Form Date:8/5/13 Permittee, or its agents, on the Premises, shall not belong to Tacoma Power upon the termination (or expiration) of this Permit. Said Removable Structures/Improvements shall be owned by Permittee and authorization for their presence and use on the Premises can only I* be transferred to new owners/lessees of the Adjacent Parcel with written authorization from Tacoma Power pursuant to Section 19, "Change of Ownership and Transferability." B. Ownership and Disposition of Permanent Structures/ Improvements. i. As used in this Section 8.B., "Permanent Structures/Improvements" means any permitted structure or improvement that is attached to Tacoma Power real property and Tacoma Power determines that its removal would impact said real property. ii. Upon termination or expiration of this Permit, Permittee shall follow Tacoma Power directives relating to or regarding the disposition of any existing Permanent Structures/ Improvements that are located on the Premises and that were not built by or do not belong to Tacoma Power and any Permanent Structures/Improvements that Tacoma Power permitted to be built by Permittee on the Premises. Tacoma Power's directives may include directions to remove said improvements and restore the Premises, directions to bring the improvement into compliance with Tacoma Power policies, or any other directive at the discretion of Tacoma Power. 9. LIMITATIONS ON PERMITTED USE. The Permitted Use is subject to and governed by policies, regulations, agreements, and uses as specified in this Section 9. A. The Permitted Use is Subject to Policies, Procedures, and Regulations. This Permit and the Permitted Use authorized under this Permit shall be governed by and subject to: i. all applicable Tacoma Power shoreline and land use policies and procedures including but not limited to Exhibit C, Shoreline Use Specifications and Permitting Guidelines, which may be updated and modified from time to time; ii. the FERC issued license for the Tacoma Power hydroelectric project referenced above; and iii. the provisions, regulations, or requirements of any federal, state, local, or other regulatory agency having jurisdiction over Tacoma Power's hydroelectric system, lands, or reservoirs or jurisdiction over aquatic and shoreline areas which are currently in effect or which may come into effect. B. The Permitted Use is Subject to Other Agreements. This Permit and the Permitted Use authorized under this Permit shall be subject to, subordinate to, and limited by any prior, concurrent, subsequent, or future agreements Shoreline Use Permit No.260 Page 7 of 17 Permittee Initials: A��'` Form Date: 8/5/13 related to the Premises entered into by Tacoma Power with any third party including, but not limited to, any federal, state, or local agency. C. The Permitted Use is Subject to Tacoma Power's Use of Premises and Utility System. This Permit and the Permitted Use authorized under this Permit shall be at all times subservient to and subject to Tacoma Power's use, construction, operation, and maintenance of the Premises and its Utility Systems, and the Permitted Use shall not at any time or in any manner interfere therewith. Permittee hereby acknowledges and agrees that Tacoma Power shall not be liable to Permittee or to any guests on account of Tacoma Power's use, construction, operation, and maintenance of the Premises and its Utility Systems. 10. PERMITTEE'S GENERAL OBLIGATIONS. A. Permittee shall Cooperate with Federal, State, and Local Agencies. Permittee shall cooperate fully with the federal, state, and county departments of fish, wildlife, or other departments preserving and maintaining wildlife, energy, ecology, or the environment and shall, at all times, give access to said departments and employees for the purpose of making studies or performing other duties in connection with said endeavors. B. Permittee Must Personally Supervise Permitted Use. Permittee, its successors and assigns, shall personally supervise and direct the conduct, operation, and maintenance of the Permitted Use of the Premises granted herein. C. Nuisances Prohibited. Permittee will, at all times, maintain the Premises in an orderly manner; will not engage in or permit any illegal, offensive, or dangerous trade business or occupation to be carried on the Premises; and will not create or permit any nuisance to exist or allow the Premises to be used for any immoral or unlawful purposes. D. Permittee's Waste and Storage Requirements. The Permittee shall keep Tacoma Power property and water occupied by and surrounding the permitted uses, structures and/or improvements free of all waste, garbage and other unsightly debris and materials. E. Permittee Must Obtain All Necessary Permits. Permittee must determine which permits or approvals are necessary from all relevant federal, state, or local agencies prior to use of or construction in shoreline and fresh water areas. Before any use of or construction in said shoreline and fresh water areas, Permittee shall obtain all such permits and approvals and shall provide Tacoma Power with written evidence of said approvals and copies of permits. Shoreline Use Permit No.260 Page 8 of 17 Permittee Initials: ✓" Uy�t Form Date:8/5/13 r 11. PERMITTEE'S CONSTRUCTION AND MAINTENANCE OBLIGATIONS. A. Construction Requirements of Permitted Structures or Improvements. Construction of the structure(s) or improvements permitted herein shall be as depicted in the Exhibits, attached hereto, and shall meet the conditions as described in this Permit. If Tacoma Power determines that the construction standards described in the Exhibits conflict with the construction standards stated in Exhibit C, Shoreline Use Specifications and Permitting Guidelines, the standards set forth in Exhibit C shall prevail. B. Permittee Shall Affix an Identification Plate to Display Permit Numbers. The structure number (2- ) shall be 5dlwhlayed on an to backgroudndnaffixelon plat , with at least d to permitted structurehsoe inch (Y) high black numbes/letters on as to be clearly read from the,water side. C. Permittee's Obligation to Maintain the Premises, Structures, and Improvements. i. General Obligation. Permittee shall at all times maintain its structures, improvements, uses, associated wildlife habitat conditions, and the Premises subject to this Permit, in a clean, neat and safe manner, as determined by Tacoma Power, at Permittee's expense and according to the specifications described in this Permit. • ii. Regular Maintenance/Minor Repairs. This Permit authorizes regular maintenance of permitted structures or improvements without written consent as necessary to remain in compliance with the Permit terms. Regular maintenance shall be limited to maintenance and repair of an existing improvement that does not alter the structure's original permitted design, dimensions, materials or purpose. The repair or maintenance may not exceed the replacement of 50 percent (50%) of the original structure within a five (5) -year period as determined by Tacoma Power. No ground disturbing activities are allowed without written approval from Tacoma Power. Permittee is responsible for meeting all applicable laws, codes, ordinances, regulations, and guidelines for any repairs, including the use of appropriate materials as outlined herein. If changes in design or dimension are required to meet other regulations, then Permittee must contact Tacoma Power prior to conducting the activity. iii. Major Repairs. Major repairs of permitted structures or improvements are not allowed without written authorization from Tacoma Power. Major repairs consist of replacement of more than 50 percent(50%) of existing permitted shoreline structures/improvements within a five (5)year period as determined by Tacoma Power or alteration of a structure's original permitted design, dimensions, materials or purpose. - - Shoreline Use Permit No.260 Page 9 of 7 Permittee Initials: Form Date:8/5/13 f 12. HAZARDOUS SUBSTANCES. A. Permittee is Prohibited from Storing or Disposing of Hazardous Substances on the Premises. No goods, merchandise, or material shall be produced, stored, sold, or disposed of on the Premises, which are in any way toxic, explosive or hazardous. B. Permittee Liability for Remediation. Permittee shall be liable for the remediation required due to the use of any hazardous substance on the Premises resulting from Permittee's use of said Premises. C. Permittee's Indemnification Obligation. Permittee shall indemnify and hold harmless Tacoma Power with respect to any and all damages, costs, attorney fees, and penalties arising from the presence of such hazardous substances on the Premises, except for such substances as may be placed on the Premises by Tacoma Power. 13. ENVIRONMENTAL AND CULTURAL RESOURCES. A. Permittee's Prevailing Obligation. P • Permittee is obligated to use the Premises in a manner that is environmentally and culturally sensitive. B. Permittee's Use of Pesticides Restricted. Permittee shall not use pesticides and fertilizers on the Premises, unless authorized in writing by Tacoma Power. C. Ground Disturbing Activities Restricted. No ground disturbing activities are allowed on the Premises without written authorization from Tacoma Power. D. Cultural Resources Survey Required. Permittee acknowledges that surveys for cultural resources are required on all Tacoma Power property included in this Permit where ground-disturbing activities have been authorized pursuant to section 13.0 herein. This includes digging, grading, and pounding of posts. Permittee must contact Tacoma Power in advance of any such activity. Tacoma Power will coordinate the Cultural Resources survey, and Permittee shall pay and follow any directives from Tacoma Power that result from said survey. Shoreline Use Permit No.260 Page 10 of 17 Permittee Initials: )U- Form Date:8/5/13 14. PROHIBITIONS AND RESTRICTIONS. A. Interference with Tacoma Power's Operations is Prohibited. Permittee shall not damage or interfere with Tacoma Power's operations or use of the Premises or its Utility System. B. Commercial Activity is Prohibited. Permittee may not engage in commercial activity on Tacoma Power property or otherwise charge a fee for the use of the Premises by others. C. Removal of Vegetation Is Prohibited. in the Removal of trees, shrubs, natural growth Nvteg vege tation fed(including Exhibit C sI nhot authorized.es or on any Tacoma Power property beyond p that is not specified in this Permit Removal of any vegetation from Tacoma Power property that in writing by Tacoma Power. is not allowed unless the removal.has first been app D. Restriction on Machinery and Vehicles. aratus shall be used or No motor vehicles are allowed on the Premises. No machinery e Premises; provided, however, operated on the Premises, which will in any way impact t that nothing in this paragraph shall preclude Permittee fples,equip9�, keeping, alnd machinery a or about the Premises such motor vehicles, materials, supp specified in this Permit or as allowed by current shoreline use standards and policies. 15. ACCESS TO PERMITTED PREMISES. Permittee shall grant access to Tacoma Power representatives to enter/cross the Adjacent Parcel for inspection and evaluation of Premises. 16. PUBLIC USE OF PROPERTY. P In connection with the ownership, construction, operation or maintenance of the permitted structure(s) and/or improvement(s), no attempt be made by Permittee to orid°the full and free use by the public of Tacoma Power property or any waters at or adjacent the permitted structure(s) and/or improvement(s), or to reasonably interfere with land or water- based recreation. I 17. DANGEROUS OBSTACLES WARNING. A. Permittee's Acknowledgement of R Receipt ARNI o WARNING ervoir contains tree stumps, _ Permittee acknowledges receipt of a that this re snags, submerged trees, and other similar shore whaich are or may be submerged the water's edge and extending out from th surface. Due to the fluctuating water surface IsWe these wate eskiing, diving and other close to the surface and not easily visible. Boating, Shoreline Use Permit No.260 Page 11 of 17 Permittee Initials: Form Date:815113 t P similar water activity is hazardous in areas where these d ero s obstacles extreme care n ear the water surface. Therefore, these activities should be conducted B. Permittee Agrees to Warn Others. Permittee agrees to provide this warning to all guests, family, friends and other invitees of Permittee who may engage in any water activities. 18. INDEMNIFICATION. Permittee agrees, as a condition of this Permit and in consideration of being granted this Permit, to defend, indemnify and hold harmless Tacoma Power, its officers and employees, from and against all loss or expense, including but not limited to,judgments, settlements, attorney's fees and costs by reason of any and all claims and demands upon Tacoma Power's elected or appointed officials or employees for damages because of personal or bodily injury, including death, at any time resulting therefrom, sustained by any person or persons, or on account of damage to property, including loss of use thereof, arising out of or in consequence of the use of the Premises and permitted improvements thereon by any person or in consequence of any activity related to or arising out of this Permit or permitted use of said Premises, excepting only loss occasioned by the sole negligence and/or willful misconduct of officers, employees or agents of Tacoma Power acting within the scope of their responsibilities and incurred by third parties. In this regard, Permittee and its contractors acknowledge that they may be waiving immunity under Title 51 R.C.W., Industrial Insurance Law, and also acknowledge that this provision has been mutually negotiated. 19. CHANGE OF OWNERSHIP AND TRANSFERABILITY. A. Permit Benefactor. Unless an exception applies pursuant to Tacoma Power policy, this Permit is hereby reserved to the owner of the Adjacent Parcel herein described as shown on Exhibit "A" (attached) and to Permittee herein named, and is not transferrable to any subsequent owners/lessees of the Adjacent Parcel. B. New Owner or Lessee Application. A new owner or lessee of the Adjacent Parcel may apply for a permit to authorize the Permitted Use defined herein. Said application may be accepted or rejected at the discretion of Tacoma Power pursuant to its applicable policies and procedures. Upon request of Permittee and payment of appropriate fees, Tacoma Power will conduct a compliance inspection of the Premises and improvement and structures authorized by this Permit. Said inspection will be to determine whether the Permittee's use, improvements, and structures remain compliant with the Permit and applicable Tacoma Power policies or identify what corrections need to be made to bring the use, improvements, and structures back into compliance. Shoreline Use Permit No.260 Page 12 of 7 Permittee Initials:- Form Date:8/5/13 / `7 " 777'�' , ,U� C. Notification of Sale/Transfer of Real Property. Permittee shall notify Tacoma Power, in writing, prior to a sale or transfer, of the Adjacent Parcel and this Permit will terminate upon the sale or transfer of the Adjacent Parcel. New permit requests received by a subsequent owner/lessee within forty-five (45) days from the date of sale or transfer will be charged a reduced application fee as noted in Exhibit C "Shoreline Use Specifications and Permitting Guidelines" (see Appendix D: Permit Application Fee Schedule). If additional uses, structure(s) and/or improvement(s) are requested with the ownership transfer, a new Permit application will be required with applicable fees. 20. PERMIT VIOLATIONS. A. Notice of Violation. Tacoma Power shall provide Permittee written notice via mail or hand-delivery of any - violations of this Permit. Permittee shall have forty-five (45) days from receipt of said notice to abate the violation. B. Tacoma Power May Remove Permittee's Structures or Improvements. Permittee hereby acknowledges and agrees that if Permittee violates any conditions of this Permit or, upon termination of this Permit per Section 21, fails to remove any Permitted Use, structures, or improvements as directed by Tacoma Power, Tacoma Power has the right to remove any Permitted Use, improvement, or structure without obligation to Permittee or liability for damage or destruction of any of Permittee's property including the Permitted Use, structure, or improvement. 21. CANCELLATION AND/OR TERMINATION OF PERMIT. A. Termination by Tacoma Power. P Permittee expressly acknowledges that the permission granted herein is a limited, non- exclusive, revocable permission to use the Premises as authorized, and therefore Tacoma Power may revoke said permission and terminate this Permit at any time with or without cause. ` B. Termination by Permittee. r This Shoreline Use Permit may be terminated by Permittee without cause following receipt of written notice mailed by certified mail to Tacoma Power. C. Vacation of Premises. Permittee agrees to peaceably vacate said Premises at the termination of this Permit, and to remove any improvements and restore Premises as directed by Tacoma Power. /J Shoreline Use Permit No.260 Page 13 of 17 Permittee Initials: Form Date: 8/5/13 ` D. Permittee Responsible for Improvements. Upon termination of this Permit, Permittee shall retain responsibility of the permitted improvements associated with the Premises per Section 8 (Ownership of Improvements) until the improvement(s) is/are removed from the Premises and the Premises restored to its original condition, the improvement(s) is/are permitted to a new owner or lessee of the Adjacent Parcel, or Tacoma Power has accepted in writing the abandonment of the improvement(s) on the Premises. E. Liability for Permittee's Failure to Maintain Improvements. In the event that Permittee fails to maintain any permitted structure(s) and/or improvement(s), Permittee shall remove any structure(s) and/or improvement(s)within forty- five (45) days of notice from Tacoma Power and restore Premises as directed by Tacoma Power. Upon notice and removal this Permit shall be terminated. If Permittee fails to complete removal and restoration to the satisfaction of Tacoma Power, Permittee agrees that Tacoma Power may do so and recover the cost from Permittee. F. Automatic Termination. This Permit will terminate upon the sale, transfer, or termination of Permittee's ownership or lease of the Adjacent Parcel. Permittee hereby acknowledges and agrees that if Permittee, upon said sale, transfer, or termination, fails to remove any Permitted Use, structures, or improvements, as directed by Tacoma Power, or a new owner or lessee of the Adjacent Parcel fails to obtain a Shoreline Use Permit for the Permitted Use, structure, or improvement, Tacoma Power has the right to remove any Permitted Use, improvement, or structure without obligation to Permittee or liability for damage or destruction of any of Permittee's property including the Permitted Use, structure, or improvement. G. Unauthorized Use of Tacoma Power Property. Permittee agrees and acknowledges that its unauthorized use of any Tacoma Power property may result in immediate termination of this Permit and the imposition of a moratorium on future Permits to Permittee. H. Termination for Use of Premises by Tacoma Power. In the event it should become necessary for Tacoma Power to make use of said Premises in connection with the operation of its Utility Systems to such an extent as to necessitate discontinuance of the use thereof by Permittee, Tacoma Power may terminate this Permit by giving Permittee written notice of such termination, same to be given not less than forty-five (45) days prior to the date of termination. 1. Failure to Start Construction of Authorized Improvement or Structure. This Permit will automatically terminate per the provisions of Section 3.13. herein for failure to initiate construction within eighteen (18) months of Permit issuance. Shoreline Use Permit No.260 Page 14 of 17 Permittee Initials: Form Date:8/5113 b, 22. ENTIRE AGREEMENT. Other than the restrictions, directions, and guidance of Tacoma Power's policies, procedures, and guidelines related to the use of shoreline areas, this Shoreline Use Permit constitutes the entire agreement and understanding of the parties and supersedes all discussions and other agreements between the parties. There are no representations or understandings of any kind not set forth herein. Notwithstanding anything to the contrary in this section, Tacoma Power policies, regulations, and procedures will apply to and govern the terms and conditions and the permission granted by this Permit. Any amendments to this Permit must be in writing and executed by both Parties. 23. GOVERNING LAW. This Permit shall be construed in accordance with the laws of the State of Washington. 24. ENFORCEABILITY. Parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable. 25. EXHIBITS. All Exhibits referred to herein or attached hereto are incorporated herein for all purpose 26. MUTUAL NEGOTIATION. Permittee acknowledges that this Permit has been mutually negotiated. 27. SURVIVAL. The following sections will survive the termination of this Permit and remain enforceable against Permittee after termination: Sections 8, 12, 18, 20, 21, 23, 24, and 27. f P Shoreline Use Permit No.260 Page 15 of 17 Permittee Initials: Form Date:8/5/13 f IN WITNESS WHEREOF, We have executed this instrument at AL4—.i County, Washington, on this—$ lay of �°2 , 2014. Harvey R. S ulz Patricia Ann Schulz f STATE OF WASHINGTON ) SS COUNTY OF rAe,S 0 in—) I certify that I know or have satisfactory evidence that Harvey R. Schulz and Patricia Ann Schulz are the persons who appeared before me, and said persons a t of sucdged that thy h parties for thegusedsthis instrument, and acknowledged it to be he free and voluntary and purposes mentioned in the instrument. 1'h 2014 Dated this day of �Q I0�(trtct-fU Place Notary Seal in Box jJ ,-y, , HA V Notary Public�in f the State ��► \ON ��y2 of Washington nn Q No'(�F1y Residing in son l,c7 �— ® " --�°'� PU90, My Commission Expires 02-tl0- lv sl 621b-Ab 9� OF \4a Shoreline Use Permit No.260 Page 16 of 17 Form Date:8/5/13 '� Dated this_� day of V7-�I 1 214 Approved: Power Superintendent Accepted: Authorized and Approved: � - . -- Generation Manager 4 Natural Resources Manager Reviewed: Form Approved: Wildlife & Lands Manager Deputy city Attorney Reviewed ury yoor Shoreline Use Permit No.260 Page 17 of 17 Form Date:8/5/13 e: City of Tacoma - Department of Public Utilities — Real Property Services Shoreline Use Permit No.260 PREMISES Southwest Quarter of the Southwest Quarter of Section 7, Township 23 North, Range 4 West, W.M., in Mason County, Washington c ry, �- vA � W fi � iP• 4. y a -' - NOT TO SCALE �W REAL PROPERTY SERVICES ILLUSTRATION This illustration is not to scale. it is provided as a customer Reference No. convenience to assist in identifying significant characteristics EXHIBIT A P2013-165 of the installation. No liability is assumed by reason of /'� reliance herein. N QO U) j N � O U Z L t • i � � i W _v L yr o \ 0 r o r; ash � � �Y�J•j01n.p 1-i�� Po a cz lam' ry ry 91 ITT y' r f _ o O ` ` O U x I `� 4UJ - � Aj r 1 �- } ` s 4AS, Pi NN V , .z N _ �' , a _ JJ b U r�ssi,� O U CO U) V z o , Lv r F,., a) °a m D a) _ c x _ LI CD N ft - , I A 4ZI ^ q v � m (D ID ° SC W c sk 4) 1\4 -1'� _ 1 Iqt NA ISI c , w Leo o y k 5 Rv- v. a - � ' � irrFm r � r 4 EXHIBIT C I APOWER ,'ACOHA rUALIC UTILITIES r GARY YANDO,DIRECTOR eoN.S TA TF O �P C �y o A U o N DEPARTMENT OF COMMUNITY DEVELOPMENT i o T z PLANNING -SOLID WASTE - UTILITIES N Y Y BLDG. III • 426 W. CEDAR • P.O. BOX 578 1e64 SHELTON, WA 98584 • (206) 427-9670 February 25, 1994 John Vander Heyden 4011 Talbot Rd. S. Renton, Wa. 98055 Re: Shoreline pre-inspection, Lake Cushman Div. 2 , Tract 14 . Dear Mr. Vander Heyden: At your request. Planning Department staff conducted a site inspection to determine building setbacks . We have the following comments . This site is regulated under the Mason County Shoreline Master Program and the setback from the lake is determined utilizing a "common line" drawn between adjoining residences. All development exceeding 30 inches above grade must be located behind this line. There ' were two stakes on the waterward side of the proposed residence which appeared to be the most waterward location of either the residence itself or the deck attached to it . These stakes were located well behind the common line (9 feet landward of common line at nearest point) . Three ribbon flags were attached to vegetation along the common line setback. All portions of the residence, including deck, which exceed 30 inches height above grade must be located behind this line. The common line setback is 30 feet from the ordinary high water mark of the lake at its nearest point (northwest end of property) . Since your site plan indicated the residence will be angled slightly it appears this would be the nearest point to the lake the structure could be. (Your site plan suggests a setback from the lake on the east end of the site was measured, but the plan is cut off and the distance is not indicated) . Side yard setbacks are 5 feet, measured to the drip line of the structure. Site coverage cannot exceed 60 percent. While grading of the site is allowed (up to 250 cubic yards) , fill may not be brought to the site. f If you have any questions regarding this letter don' t hesitate to give us a call . A copy of this letter will be placed in the property file. Thank you. N Respectfully, t Don Brush, Planner Department of Community Development MASON COUNTY SHORELINE PRE-INSPECTION APPLICATION PLEASE PRINT 1 . Owner: .lp Applicant: Site Address: 4ke C4r4^-,,, .t�a rXlyApplicant Address: Owner Address: City: loc'n ► St_'k'�Zip City: klenlo' St Zip r,►� 4126 Phone: ( 1 •z2!��'-G► rr Phone: ( 1 1 m � T � Zt= ": (r" 2. Parcel No. Ja l�i - S'O- oe y Leal Description: 3. Purpose of Pre-Inspection: 4. Use of Building: �°'C'� ' 7'��.�rr�4� �.:yr".�►-� 5. Is there any type of water on or adjacent to property?: saltwater lake river pond wetland seasonal runoff other la Direct to Site: If the information is incomplete, then Mason County must disclaim any errors resulting from deficiencies in the original application. Pre-inspection reports remain valid only until development changes occur in the vicinity which affect the lot evaluated in this inspection. Ll 11e1r,4"Applicant Signature: - F= Date: E C r. V E D Return application to: Department of Community Development,Planning Dive i 1994 426 W. Cedar/P.O. Box 578 Shelton, WA 98584 CO. DEM (206) 427-9670/1-800-562-5628 FOR OFFICE USE ONLY: Accepted by: Date: