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SHR2000-00029 SEP2000-00109 Hearing Dock, Pier - SHR Reports - 8/28/2000
7/2/2002 ' Conditions Associated With 12:08:32PM T I D E M A R K Case#; SHR2000-00029 COMPUTER SYSTEMS, INC. .. qow .. . :: P e Itte. ttus : �h�tt# ....::>:::>:>... .>:»::::;.: : a fat y _..... .1 ........ ............. g ..: .. ..:. :....:....:.....:.:.:. . ::. .. . 1) 1 "CUSTOM CONDITION" NOT MET 7/2/2002 PBC 1. The pier,ramp,float and associated moorings shall be located to avoid shading of eelgrass and other aquatic vegetation. 2. Flotation for the structure shall be entirely enclosed and contained to permanently prevent the breakup or loss of the flotation material in the water. 3.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. 4.Water quality is not to be degraded to the detriment of the aquatic environment as a result of this project. 5.Recreational piers shall be no higher than 1 f feet above mean higher high water. Piers and docks shall have at least an eight foot span between pilings. 6.The surface of floating structures shall be a minimum of eight inches above the water. 7. All floating structures shall include float stop supports to keep structures off the tidelands at low tide. 8. The applicant shall obtain a Mason County Building Permit and all other necessary state and federal permit approvals prior to the start of the project(Dept of Fish and Wildlife,Corps,DOE Water Quality concurrence). 9. The pier ramp and float structure shall be as per plans submitted with staff report for Shoreline Permit SHR2000-00029,with a maximum length of 57 feet and maximum tidal depth of zero tide to minimize impact to aquatic vegetation environment. 10. The pier as near as possible will be no closer than 15ft to the property line,and as be as close as possible to parallel to the property line. Page 1 of 1 CaseConditions..tpt 1 Mason County Board of County Commissioners Public Hearing — June 25, 2002 Findings of Fact Kane Shoreline Substantial Development Permit No. SHR2000-00029 I. This is a proposal to construct a pier, ramp and float consisting of a 6ft by 14ft pier with a 3ft by 32ft aluminum ramp connected to an 8ft by 16ft float with 2 ft wide grating down the middle. Six pilings will be installed. Float stops will be installed to keep the float approximately lft above the substrate. Flotation will be fully enclosed. The project has been reduced in scale and length to address tidal depth requirements and impact to aquatic vegetation at the site. H. A Mitigated Determination of Nonsignificance was issued on August 28, 2000. The comment period ended on September 11, 2000. Comments were received from WA State Department of Fish and Wildlife. III. Comments were also received from Marvin and Kathleen Moore, and Peter Grimm and Dawn Winters. IV. The proposal requires a Mason County Building Permit, Hydraulic Project Approval from Washington State Department of Fish and Wildlife, US Army Corps of Engineers approval, and Washington State Department of Ecology Water Quality concurrence. V. This proposal requires a Shoreline Substantial Development Permit due to the cost exceeding $5,000 per Section 7.13.010 and state law. VI. The project conforms to the Shoreline Master Program bulk, dimensional and performance standards. 7 FINDINGS OF FACT FROM THE PRECEDING FACTS, this project is consistent with the Mason Couty Shoreline Master Program Chapter 7.16.170 and 7.24.010. The Board approves the permit, subject to the following conditions: 1. The pier, ramp, float and associated moorings shall be located to avoid shading of eelgrass and other aquatic vegetation. 2. Flotation for the structure shall be entirely enclosed and contained to permanently prevent the breakup or loss of the flotation material in the water. 3. 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. 4. Water quality is not to be degraded to the detriment of the aquatic environment as a result of this project. 5. 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. 6. The surface of floating structures shall be a minimum of eight inches above the water. 7. All floating structures shall include float stop supports to keep structures off the tidelands at low tide. 8. The applicant shall obtain a Mason County Building Permit and all other necessary state and federal permit approvals prior to the start of the project (Dept of Fish and Wildlife, Corps, DOE Water Quality concurrence). 9. The pier ramp and float structure shall be as per plans submitted with staff report for Shoreline Permit SHR2000-00029, with a maximum length of 57 feet and maximum tidal depth of zero tide to minimize impact to aquatic vegetation environment. 10. The pier as near as possible will be no closer than 15ft to the property line, and as be as close as possible to parallel to the property line. Chair Y Date (Mason County Board of County Commissioners public hearing June 25, 2002, for SHR2000-00029) MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Mason County Bldg. 1 411 N.5th P.O.Box 279 Shelton,WA 98584 (360) 427-9670 Belfair(360) 275-4467 Elma (360) 482-5269 Seattle (206) 464-6968 June 25, 2002 TO: Board of County Commissioners FROM: Planning Staff—Pam Bennett-Cumming RE: Shoreline Substantial Development Permit no. SFIR2000-00029 STAFF REPORT I Introduction. This report evaluates a pier, ramp and float proposal located on the south shore of the Hood Canal. II Applicant. The applicant is Alan Kane. The representative is Marine Floats. III. Property location. 7931 E Highway 106, Union, located in Government Lot 3, Section 34, Township 22N Range 3W. Parcel no. 32234-34-00180. IV. Project Description. Construct a pier, ramp and float consisting of a 6ft by 14ft pier with a 3ft by 32ft aluminum ramp connected to an 8ft by 16ft float with 2 ft wide grating down the middle. Six pilings will be installed. Float stops will be installed to keep the float approximately lft above the substrate. Flotation will be fully enclosed. The proposal has undergone several revisions to reach its current configuration. V. Evaluations. A. Characteristics of the site: The site is on the shoreline of Hood Canal, on the waterward side of Highway 106. The lot extends into the Hood Canal beach area, with concrete bulkheads on three sides. There is an existing single family residence that covers most of the small lot. The deck on the water side of the residence projects out beyond the bulkhead. The sloping beach is predominantly gravel with rock. B. Characteristics of the area. To the waterward of Highway 106 there are some developed bulkheaded lots which project into the beach area, interspersed with areas where the beach comes all the way to the road. The sloping upland is mainly forested with cedar and maples, with some single family residence lots. C. Shoreline designation. The shoreline designation is Urban Residential. Hood Canal shoreline is a Shoreline of Statewide Significance. 1 D. Mason County Development Regulations land use designation Rural Residential 5. VI. SEPA Compliance. A Mitigated Determination of Nonsignificance was issued on August 28, 2000. The comment period ended on September 11, 2000. SEPA comments were received from Department of Ecology who noted that the project would need a Corps permit, and that there should be no adverse flooding as a result of the project (letter dated September 11, 2000). VH. Other Comments. Marvin and Kathleen Moore who live adjacent to the project sent a letter(October 4, 2002) and photos relating to their concern over view impacts of the original proposal which was 100 ft in length, and which had an inaccurate site plan (attached). The project has since been revised—this staff report was sent to the Moores, who commented again in letter dated June 20, 2002 (attached with additional photos). They are still concerned that even the shorter dock would affect their view, as well as expressing concerns about proximity to the property line. They suggest moving the dock to the more westerly edge of the residence. At the request of Mr. Kane, neighbors Grimm & Winter signed a letter indicating they did not want to participate in the project (attached). Letters from WDFW are also attached. Their concerns included the need for a marine vegetation survey, location of the structure relative to the vegetation (at least 1 Oft distant) and location of the float systems proposed in an earlier version of the design. Subsequently the project Biological Assessment indicated the presence of an eelgrass bed, resulting in project revision (see attached transect plan). VIII. Other Permits. The proposal will require a Mason County Building Permit, Hydraulic Project Approval from Washington State Department of Fish and Wildlife, US Army Corps of Engineers approval, and Washington State Department of Ecology Water Quality concurrence. Hydraulic Project Approval by WDFW was issued on March 14, 2002. IX. Analysis. The proposed pier-ramp-float requires a Substantial Development Permit because the value is greater than $5,000. Mason County Shoreline Master Program (SMP) Piers and Docks Chapter 7.16.170 guides in review of the project. Applicable Piers and Docks Policies are: 1. Piers and docks should be designed and located to minimize obstructions of views and conflicts with recreational boaters and fishermen. 2. Cooperative uses of piers and docks are favored, especially in tidal waters. 3. The type, design, and location of docks and piers should be compatible with the shoreline areas where they are located. Consider shoreline characteristics, tidal action, aesthetics, and adjacent land and water uses. 5. Mooring buoys and floats are preferred over piers and docks. 2 Applicable Piers and Docks Use Regulations are: 1. The location and design of piers and docks, as well as subsequent use, shall minimize adverse effects on fish, shellfish, wildlife, and water quality. 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, or community or joint-use facilities may be located on the property line. 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 facility shall not exceed the lesser of 15 percent of the fetch or 100 feet from OHWM on salt water. 8. Only one dock is allowed per lot. 9. The width of recreational piers and docks shall not exceed eight feet. 10. At the end of a dock or pier, a float may be attached, arranged parallel to the dock or pier, or to form a "T' or "L". In tidal water, the float shall not exceed 400 gross square feet without a boat slip (700 gross square feet for two joint use owners) or 600 gross square feet with a boat slip (1,000 gross square feet for two joint use owners). 13. Recreational piers shall be no higher than 11 feet above the mean higher high water mark. Piers and docks shall have at least an eight-foot span between pilings. 14. The surface of floating structures shall be a minimum of eight inches above the surface of the water. 15. All floating structures shall include intermittent supports to keep structures off of the tidelands at low tide. Pier-Ramp-Float Analysis: The project has undergone several revisions. It was originally proposed as a 100 ft long pier, ramp and float structure with an "L" float. The current proposal is for a 57ft long pier, ramp and float structure, with float stops to prevent grounding, and grating in the float to minimize shading of aquatic vegetation. Revisions to length and scale were made to meet SMP tidal depth requirements and agency requirements relating to proximity to eelgrass. The revised project with 57ft length and maximum tidal depth of zero tide is within SMP provisions for maximum length and tidal depth and other Piers and Docks Chapter provisions. The pilings will be less than 11 feet above MHHW. The float stops prevent grounding on the fragile beach substrate. The structure has been shortened so it will be at least 10 feet distant from eelgrass (see attached eelgrass survey map). Following up on the Moores' concerns, staff reviewed the survey for the Moore site. Use Regulation 5 of the Piers and Docks Chapter provides for 5ft minimum setback from the property line, as well as location of 3 the proposal to not significantly impact or unnecessarily interfere with the rights of adjacent property owners or adjacent water use. It appears that as represented, the structure would meet the 5ft setback from the lot line extension, however a dock somewhat more centrally located on the bulkhead might provide less view impact to neighboring upland owners on each side. IX. Conclusions. A Substantial Development Permit is required based on the value of the proposal which exceeds $5,000. Following the above analysis, this proposal as designed appears generally consistent with the Shoreline Management Act and applicable Mason County Shoreline Master Program policies and use regulations, however one neighbor does have view concerns. If the Board approves the project as submitted, staff recommends approval of the proposal subject to the conditions below. If the Board determines that the pier should be moved to a somewhat more central location, staff recommends that the Board postpone decision to a date certain, so the applicant can revise the plan accordingly: 1. The pier, ramp, float and associated moorings shall be located to avoid shading of eelgrass and other aquatic vegetation. 2. Flotation for the structure shall be entirely enclosed and contained to permanently prevent the breakup or loss of the flotation material in the water. 3. 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. 4. Water quality is not to be degraded to the detriment of the aquatic environment as a result of this project. 5. 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. 6. The surface of floating structures shall be a minimum of eight inches above the water. 7. All floating structures shall include float stop supports to keep structures off the tidelands at low tide. 8. The applicant shall obtain a Mason County Building Permit and all other necessary state and federal permit approvals prior to the start of the project (Dept of Fish and Wildlife, Corps, DOE Water Quality concurrence). 9. The pier ramp and float structure shall be as per plans submitted with staff report for Shoreline Permit SHR2000-00029, with a maximum length of 57 feet and maximum tidal depth of zero tide to minimize impact to aquatic vegetation environment. 4 X. Choices of Action. 1. Approve the SDP request with conditions. 2. Deny the SDP request. 3. Postpone decision pending further information. 5 �PCioN CA). MASON COUNTY 4 h,o 7 Planning Department o N = P O Box 578, Shelton, WA 98584 N i ti (360)427-9670 OJ �p 186A NOTICE OF SHORELINE SHR2000-00029 MANAGEMENT PERMIT Notice is hereby given that ALAN KANE, who is the owner of the described property, has filed an application for a Shoreline Management Permit for the development of: Substantial Development Construction of a dock consisting of a 6 foot by 40 foot pier, a 4 foot by 36 foot ramp, a 8 foot by 16 foot float and a 8 foot by 30 foot float to form an "L" at the end. Site Address: 7931 E STATE ROUTE 106 UNION Parcel Number: 322343400180 Location of Project: Highway 106 to 7931. Within: SE (quarter section) of Section: _ `1 Townshi p:,'y"J K Range: 3 in UNION, Mason County Washington. Said development is proposed within Hood Canal and/or its associated wetlands. Any person desiring to express their view or to be notified of the action taken on the application should notify: P O BOX 578 SHELTON, WA 98584 in writing of their interest within 30 days of the final date of publication given pursuant to WAC 173-14-020. The final date of pulbication, posting, or mailing of notice is 09/07/2000. Written comments must be received by 10/07/2000. A public hearing will be held on this permit request. Contact this office at (360)427-9670, ext. for date and time of hearing. A Determination of Nonsignificance was issued on 08/28/2000 under WAC 197-11-340. Written comments regarding this determination must be received by 09/11/2000. SHR2000-00029 �- DEPARTMENT OF COMMUNITY DEVELOK/ENT L Courthouse Annex 111,426 W.Cedar P.O.Box 578,Shelton,WA 98584 (360)427-9670 THE SHORELINE PERMIT APPLICATION PERMIT N0. ��Ob-0002q SHORELINE SUBSTANTIAL DEVELOPMENT 1� 7UlJL�(�40-72 ��� SHORELINE VARIANCE �-A DATE RECEIVED:�'"f''17 SHORELINE CONDITIONAL USE 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$2,500 or materially interferes with the normal public use of the water or shorelines of the State)be reviewed with the goals,policies,and performance standards established in f-e Master Program. Answer all questions completely. Attach any additional information that may further describe the proposed development. APPLICANT: Alan Kane ADDRESS: Mailing: 11728 NE 48th Place, Kirktl)and WA 98033 Project: East 7931 Hwy 106, Union WA 98592 (City) (State) (Zip) TELEPHONE: (Home): (Business): AUTHORIZED REPRESENTATIVE: W,-ndpll Stroud ADDRESS: PO Box 336 Tacoma WA 98401 (Street) (City) (State) (Zip) PROPERTY DESCRIPTION General Location(include water body or wetlands involved,address, if any); Union WA on Hood Canal East 7931 Hwy 106, Union WA 98592 Legal Description(include quarter section,township,range,and parcel number): "!1-3 i M4 T22N -H 3�f c 3+ , Parcel // 32234-34-00180 OWNERSHIP Contract Other Applicant XX Owner X Lessee Purchaser (Identify) Owner: Alan Kane 11728 NE 48th Place (Street) Kirkland WA 98033 . • (City) (State) (Zip) (Revised 1/95) The Shoreline Permit Application Page 2 DEVELOPMENT DESCRIPTION Development(identify and describe the proposed project, including the type of materials to be used, construction methods,principal dimensions,and other pertinent information): Proposed to costruct a 6'x40' pier, 41x36' ramp, 8'x16' float, 8'x40' ell float to the left Material and construction specs. are included with drawings Use(identify current use of property with existing improvements: .Sinpla f it ci Aanra Reason for requesting development Single-use dock for recreation and boat moorage ACKNOWLEDGEMENT I hereby declare,to the best of my knowledge an elief,the foregoing information and all attached information is true and correct. —db (Applicant or Authorized Representative) (Date) ------------------------------------------------------- TO BE COIv1vIPLETED 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 exL'ing grade level, indicate the location of any residential units that will have an obstructed view. If a Conditional Use or Variance is requested,make reference to the appropriate section in the Master Program. , .. (Revised 1/95) oN-STATE MASON COUNTY C �.� DEPARTMENT OF COMMUNITY DEVELOPMENT o 0 s u Planning Division o Y P O Box 279, Shelton, WA 98584 (360)427-9670 1864 Case No.: SHR2000-00029 SHORELINE PERMIT STATUS. ISSUED Received: 8/28/2000 Issued: 7/2/2002 Expires 7/2/2005 Type of Permit: Substantial Development Applicant: ALAN KANE 11728 NE 48TH PLACE KIRKLAND, WA 98033 Location of Project: Highway 106 to 7931 Within Hood Canal and/or its associated wetlands. The projectwill be within shorelines of statewide significance. Shoreline Designation: Urban Parcel Number: 322343400180 Address: 7931 E STATE ROUTE 106 UNION Legal Description: TR 18 OF LOT 3 & T.L. Project Description: Construction of a dock consisting of a 6 foot by 14 foot pier, a 3 foot by 32 foot ramp; a 8 foot by 16 foot float with grating in the center. This permit has been granted by Mason County persuant to the Shoreline Management Actof 1971 and nothing in this permit shall excuse the applicantfrom compliance with any otherfederal, state or local statutes, ordinances or regulations applicable to this project but not inconsistent with the Shoreline Management Act. (Chapter90.58 RCW). This permit may be rescinded pursuant to RCW 90.58.140(7)in the eventthe permittee fails to comply with the terms and conditions hereof. CONSTRUCTION PURSUANT TO THIS PERMIT WILL NOT BEGIN OR IS NOT AUTHORIZED UNTIL THIRTY (30) DAYS FROM THE DATE OF FILING THE FINAL ORDER OF THE LOCAL GOVERNMENT WITH THE REGIONAL OFFICE OF THE DEPARTMENT OF ECOLOGY AND THE ATTORNEY GENERAL, OR UNTIL ALL REVIEW PROCEEDINGS INITIATED WITHIN THIRTY(30) DAYS FROM THE DATE OF SUCH FILING HAVE TERMINATED. No permit authorizing construction shall extend for a term of more than five (5) years. If actual construction of a development for which a permit has been granted has not begun within two years after the approval of the permit by the Board of County Commissioners, the Board shall, at the expiration of the two-year period, review the permit, and upon a showing of good cause, extend the permit for one year. Otherwise, the permit terminates; provided that no permit shall be extended unless the applicant has requested such review and extension prior to the last regular meeting of the Board coming before the permit exipration date. Approved: >2I Denied: ❑ Authorized L al Government Official Date ---------- ------ ---- -------- ------------ -- -- -- - -- THIS SECTION FOR DEPARTMENT OF ECOLOGY USE ONLY IN REGARD TO A CONDITIONAL USE OR VARIANCE PERMIT. Approved: ❑ Date received by Department of Ecology: Denied: ❑ This permit is approved by the Department of Ecology pursuant to Chapter 90.58 RCW. Development shall be undertaken pursuant to the attached terms and conditions. Date Authorized Dept. of Ecology Official SHR2000-00029 2 of 2 P�pN-STATFO� MASON COUNTY C DEPARTMENT OF COMMUNITY DEVELOPMENT Q MO ( S N Planning Division " Y P O Box 678, Shelton, WA 98684 of rasa (360)427-9670 MITIGATED DETERMINATION OF NONSIGNIFICANCE (WAC 197-11-350) SEP2000-00109 Description of Proposal: CONSTRUCTION OF A DOCK CONSISTING OF A 6 FOOT BY 40 FOOT PIER, A 4 FOOT BY 36 FOOT RAMP, A 8 FOOT BY 16 FOOT FLOAT AND A 8 FOOT BY 30 FOOT FLOAT TO FORM AN "L"AT THE END Proponent: ALAN KANE Site Address (If Assigned): 7931 E STATE ROUTE 106 UNION Directions to Site: Highway 106 to 7931. Parcel Number: 322343400180 Legal Description: TR 18 OF LOT 3 + T.L. Lead Agency: Mason County The Lead Agency for this proposal has determined that it does not have a probable significant adverser impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21 C.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. Q/ L/ Please contact V/ICcY /'CL Q rlx[l���C at ext. with any questions. This DNS is issued un 9 -11 0(2), the Lead Agency will not act on this proposal for 14 days from the date below. Comments m st ed by 09/11/2000. A �q Autho ed Loca Govemment Official Date WOFLIJ- 00r I'S 014R t'rac�r 00"::7 V S'4C'O F ,-�o146 vn is h Tr i bt-- APp"n-' Shoreline Management Act Permit Data Sheet and Transmi Pl�ar� From: Mason. County TO: Wash - P.O. Box ATTN: Shor wer Shelton, WA 98584 Southwest eg ce ox 41167 , Ympia, WA 98'504 Date of Transmittal: Date of Receipt _IDeot.of Ecology) Type of Permit: (Indicate all that apply) We Sent to_File: Substantial Development_X_ Conditional Use Variance Revision Other Local Government Decision: Approval Conditional Approval Denial Applicant Information: Applicant's Representative: (If primary contact) Name:_t�iGLA_ VCA� Name: �'I�filAtiQ r7 Ct 10 01a _ VE W� PL- _AW �1 - ► IR�� "l �b3� Address: © �J�J 9 �7q D Phone(s): Phone(s):ZS 3 'a_]�R Is the applicant the property owner: Yes No location of Property, (Section,Township and Range to the nearest 1/4, 1/4 Section or latitude and longitude, and a street address where available) - -Z�J :1 001 WA Water Body Name: 46f�d 1 A4-a Shoreline of Statewide Significance- X_ Yes No / Environment Designation: 1 ,_bp pei)'t� _Description of Project: (Summary of the intended use or project purpose) Notices of Application Date: 9--1- CD Final Decision Date: ZG-b 2 6y: ` (P.inti � �e - C�� .� Phone #: -3(,e 0 �}-p� ?—��0 x al oy h�°mom 0 yn� ob 40 �� p`m ooS°� m�mO ooS }�o b o'b m� y4i� -OREUNE n"fio�o,�0n`eb �c� '�RMIT lbCo' OS N KANE, Fmk}�0 °r d�`5.��`�o��`� �• iv,has Qbti 6m oa (a 0� Affidavit of Publication `• S°� ,�° off'nrmm} o�` ,�� 'coo°oymti`yo�� �"STATE OF WASHINGTON, SS. Skoo�Q��od, COUNTY OF MASON Julie G. Orme being first duly sworn I on oath deposes and says that she is the clerk of THE SHELTON-MASON COUNTY JOURNAL,a weekly newspaper.That said news- paper is a legal newspaper and it is now and has been for more than six months prior to the date of the publication hereinafter referred to,published in the English language continu- ously as a weekly newspaper in SHELTON, Mason County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper.That the said SHELTON-MASON COUNTY JOURNAL was on the 9th day of August, 1941,approved as a legal newspaper by the Superior Court of said Mason County. That the annexed is a true copy of a Notice Of Shoreline Mgmt Permit - Alan Kane as it was published in regular issues(and not in supplement form)of said newspaper once each week for a period of two consecutive weeks,commencing on the 31 S t day of August 20 00 and ending on the 7th day of September 2000 both dates inclusive, and that such newspaper was regularly distributed to its subscribers during all of the said period.That the full amount of the fee charged for the foregoing publication is the sum of s 7 3 . 5 0 c \\I1111111// $-A L d.•C��i���,Subscribed and sworn to before me this 7th day of v .ssio'N fxp� September 20 00 NUTARy Notary Pub0c in and for the State of Washington t pue``G = Residing at Shelton,Washington 2 'o �'� a�O oC -`7 , �.�-llF,6 4 Z 0���1 �� My commission expires 20 111\ UGO11G111 V nlvn l SHR2000-00029 a is hereby given that ALAN KANE, a owner of the described property,has application for a Shoreline Manage A fridayit of Publication ;rmit for the development of: L�111 Publication 1 stantial Development ,struction of a dock consisting of a 6 foot by 40 foot pier,a 4 t6kby 36 foot ramp,a 8 foot VASHINGTON, by 16 foot float and a 8 foot by 30 foot float to SS. form an'L'at the end. OF MASON Site Address:7931 E STATE ROUTE 106 UNION Parcel Number.322343400180 Julie G. Orme Location of Project:Highway 106 to 7931. being first duly sworn Within:SE(quarter section)of Section:34 Township:22N Range:3W in UNION,Mason s and says that she is the Clerk County Washington. I'ON-MASON COUNTY JOURNAL,a weekly newspaper.That said news- Said development is proposed within Hood newspaper and it is now and has been for more than six months prior to the Canal and/or its associated wetlands.Any per- ,lication hereinafter referred to,published in the English language continu- son desiring to express their view or to be noti- kly newspaper in SHELTON, Mason County, Washington, and it is now fled of the action taken on the application should ,)otifi,: of said time was printed in an office maintained at the aforesaid place of Mason County Planning Department said newspaper.That the said SHELTON-MASON COUNTY JOURNAL P O BOX 578 day of August, 1941,approved as a legal newspaper by the Superior Court SHELTON,WA 98584 County. in writing of their interest within 30 days of the final date of publication given pursuant to, zed is a true copy of a Notice Of Shoreline Mgmt WAC 173-14-020.The final date of publication, oosting,or mailing of notice is 09/0712000. _t — Alan Kane Written comments must be received by 10/0712000. A public hearing will be held on this permit -equest.Contact this office at(360)427-9670, shed in regular issues(and not in supplement form)of said axt 295 for date and time of hearing. two A Determination of Nonsignificance was ;e each week for a period of ssued on 08/28/2000 under WAC 197-11-340. eeks,commencing on the Nritten comments regarding this determina- ion must be received by 09/11/2000. ay of August 20 00 and ending on the 8/31-9/7 2t ay of September 2000 both dates inclusive, and that such newspaper was regularly distributed to its subscribers during all of the said period.That the full amount of the fee charged for the foregoing publication is the sum of$ 7 3 . 5 0 c 111111Ifil \\\\,�A J. CJ''/i," Subscribed and swom to before me this 7 th day of �gS10ME�A�99� .; September 20 00 —�— = Notary Pub in and for the State of Washington PUB f\CJ = Residing at Shelton,Washington �S "Xq> 4t9 4 2 0�' t��� My commission expires o( - ,20 D 4- 'ii,��F WASH\ \\ AFFIDAVIT OF POSTING NOTICE DATE: STATE OF WASHINGTON) :SS COUNTY OF MASON 1 I, ^ of dnc� O '�1ccl-, do hereby certify that I posted copies of the attached � � t��I ��=� in 3 -- public places as follows: 1 at �° � Cj nt 1 at <�7-- S i 1 at -F 0T`� Figure 1. Project location ::...... _._....__...._-'-do Spit "r.. ! L r t r� / us efi Point - tVoid l R10 t aht t _....,. Wild e S Lak 1� j,. i i i l 5 _ F 1� _ - _ 1 ................._,-,...... .,.,,.._........,...........,..........,.-,...........,..,....- HHHHHUM re Point .... 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"' SkoTco ish V'a le derbrook Golf 8 Yacht Club t per i' C son Lake f 106 17 �•jy, f'f !f / O 2000 DeIatine. Street Atlas USA,•O 2000 GDT Ine.AcL 0412000 F� Kane Pier,Ramp and Float Project•22 r � WlW Figure 2.Plan view of adjacent structures / sr / WINTERS 1 1 I 1W I I I I COULVERT I I 1 STAIRS 1 1 KANE 1 d 1 9f 1 MHM ARE ARE ON M 1 B sr 16 1 1 1 1 1 10 1 MOORE 1 OdMmdmk , i SCAM 1* NY CQrP3Ref--=' 2001-1-00884 i Kane Pier,Ramp and Float Project•23 I Figure 3.Plan and elevation views of proposed structure N + Cq m N J 1 7 '1/dQ7 6M 0 z n T PG Kane Pier,Ramp and Float Project•24 0£•laafoid 1ooi3 pu¢dun>?J`joid ausx ' I I I I I I psaWng Suilsixg psag3JJng 8uiisixg ptogllnq i aql SUISURglano)JaaQ 1 1 ,LS inds,SZ am sposma ioglo IJN I usds,OI al b.L put, £.L ,Z+ ,8£ I suol,ObI am sloasuril II`d ,Z+ ,L£ t- ,bL sss a �£- ,89 1 I g �£- ,89 1 sss.r�Jag � � ✓1� ��` � 'S ,08 ,b- ,SL ` sssiSJag t t ,�i '1� sssJag �`� 11 ,8- S6 � t� (A ilm gidap muslag sss�Jag pus psag3JJnq urog aouslsiC, ,01- ,LOI T BSI- ,I£i 91, si zi Ti drug ioasmul XoAms VgnDS 'T juarugaujly Marvin and Kathleen Moore P.O. Box 6 Union, WA. 98592 June 20, 2002 Pam Bennett-Cumming Senior Planner W 6 . Mason County planning P.O.Box 578 Shelton,WA. 98584 Dear Ms . Bennett-Cumming, I have received the revised plans for Mr. Kane ' s dock project. Even at the revised length, Marvin and I feel that the dock will obstruct our view and will adversely effect the value of our properties. We also are concerned that the dock will be over the 5-ft. setback by it' s finished length. I propose a compromise in that the dock be built on the northwest corner of the bulkhead instead of the northeast corner. There is a deck and entrance to the house on the northwest corner of the bulkhead. If the dock was on the northwest corner of the bulkhead it would reduce the impact on our view to an acceptable level. Please feel free to contact us directly at 898-8000 if you have any questions regarding this matter. Thank you very much your time and concideration. See you at the meetings Sincerely, e11A1OMX--, Kathleen R. Moore July 18, 2000 To Who It May Concern: This is to confirm that I have contacted the neighbors adjacent to my property at East 7931 Highway 106, Union, Washington regarding joint use of the dock which we propose to build. The neighbors to the west, Peter Grimm and Dawn Winters, do not wish to participate in the project and support it. The neighbor to the east has expressed some interest in joint use of a dock. However, cost and privacy concerns make joint use with him appear unfeasible given the way his house and my house are situated on our respective lots. Thank you very much for your attention to this matter. Sincerely, Alan H. Kane 11728 NE 48 h Place Kirkland, WA 98033 AHK:bc K:\19406MOMAHKWHK L21TH — :.T.,—:......... AIIan Borden E5436.01 h �a6 STA c° f � _ N < - s s �z Ohl lase a°~ October 24, 2000 Alan Kane 11728 NE 48" Place Kirkland, Washington 98033 Dear Mr. Kane: SUBJECT: Hydraulic Project Application; Construct Pier, Ramp, and Float, Hood Canal, Tributary to Admiralty Inlet, Section 34, Township 22 North, Range 03 West, Mason County, WRIA 14.MARI, WDFW Log No. 00-E5436-01 The Washington Department of Fish and Wildlife (WDFW) received a completed Hydraulic Project Application for the above-referenced project on August 25, 2000, but we are unable to complete processing your application at this time for the following reason: The site of your proposed project is physically inaccessible for inspection. Information synthesized from recent studies indicates that the shadow cast by overwater and floating structures, as narrow as eight feet in width, located in the intertidal and shallow subtidal habitats can result in the loss of important marine vegetation, such as eelgrass (Zostera spp.). For the protection offish life, WDFW does not permit such structures to be located within 10 feet of eelgrass. Due to the depth at the outer edge of the structure, WDFW may be unable to inspect the portion of the project site located below extreme low water to ascertain the presence or absence of such vegetation. In addition, we will be unable to inspect the project site until a daylight low tide exposes the project site, typically in late spring. An intermediate level marine vegetation survey may be conducted in the interim by a qualified biologist approved by WDFW. A list of biologists qualified to conduct the inspection has been enclosed. Please be sure that the biologist contacts me prior to the survey to review the dive plan. Allan Borden- E5436 01 h Mr. Kane October 24, 2000 Page 2 If you prefer to delay until spring or summer tides are available, a marine vegetation survey may still be required if the outer edge of the project location is too deep for inspection on foot by the Area Habitat Biologist. However, you are likely to need a report on the findings from a consultant for federal permits, if required. If you have any questions regarding the status of your application, please contact me at (360) 895-4756. Sincerely, Doris J. Small Area Habitat Biologist DJS:djs:E5436 Enclosure(s): Intermediate Macroalgae/Eelgrass Survey Criteria Qualified Biologist/Divers cc: Allen Borden, Mason County Community Development Lori Morris, Corps of Engineers Wendall Stroud, Marine Floats u apwx 2� 1 C �11 Rt , f 4 �E �• �a """� . :., "A► .. ,�. . ., yr ,�� ., •-.k. s ""n► h _ M • x'4 ate..w � �� "` ����r �p .y r'W � '� ..s � A �r q w L� •. R do ate,, Aft—0 link OF IP PA l . a..� '•'�° t Jo.e 't,' [ ^^.• k t"e f�`� 74'St `" _a 14,/ • • ,�.0:� `"'•o#•.,'. �i w e, Marvin and Kathleen Moore P.O. Box 6 Union, WA 98592 October 4, 2000 Shandra O'Haleck Senior Planner Mason County Planning P.O. Box 578 Shelton, WA 98584 Dear Ms.O'Haleck: Please find enclosed photographs of our beach and the concerned view impact of Mr. Kane's proposed dock as per our meeting on the 18th of September. Marvin and I feel that this dock would adversely effect the value of our properties. We also wish to address the concern of the dock encroaching over the property line and/or the 5-ft. setback by it's finished length. Also we are concerned with the inaccuracies on the plans submitted by Marine Floats of Tacoma. The plans show that we have existing structures and dock on our beach of which we have neither. We have offered to share the expense of the proposed dock and have joint usage with Mr. Kane and his family. He refused for reasons of personal privacy. Listed below I have enclosed the following documents for your review: 1. Photographs of the beach and Mr. Kane's property 2. Copy of the Letter of Refused Shared Joint Usage from Mr. Kane Please feel free to contact us directly at 360-898-8000 if you have any questions or concerns regarding the documents or the above information. Thank you very much for your time. Sincerely, Kathleen Moore ALAN H. KANE 5400 COLUMBIA SEAFIRST CENTER 701 FIFTH AVENUE SEATTLE.WASHINGTON 99104-7011 June 2, 2000 Mr. Marvin Moore 515 Kendall Street Port Orchard, WA 98366-4326 Re: Hood Canal Property Bear Marvin: A couple of months ago, I talked to you about my plan to build a dock at my property on Hood Canal. Enclosed is a copy of the proposed dock plan. The only difference would be end of the float would be moved approximately 8' away from our joint property line toward the west, so the dock would be an "L" rather than a"T." As we previously discussed, given the desired location of the dock,joint use between the two of us is not really practical or feasible given my privacy concerns. Accordingly, I would like to request that you please sign and return the enclosed letter, assuming you do not object to my proposal. If you do object, I would appreciate it if you would please contact me so we can discuss it. Marvin, I'll be out of the country until June 19`h if we need to talk. If we don't need to talk, I'd appreciate it very much if you would sign and return the enclosed letter. Sincerely, Alan H. Kane AHK:bc Enclosure K195025%000051AHKAHK L21OF r x� r i t try*' wW1 M( - � .� R .. �r p'w ��'*, ,/ f1..�ry s ry't�r!°.n ..Y t.�,♦ r , ,�•.1�' �I li N 1�1 �.i./Fr.-r..a.. �rw+'�!.ice....��,.a_ ... Je aG� y „ •. • ♦ � Ate. iI 4 � I ' I C ' N°is � q qq .dJ E f t j :i' ul i�lrillll�l �lllh�il,�re�%•- :�dirii — . • may,( Kh�� '..,w •, •� , "' 'fir �,• � � '• , I r 40 .. fee r • •� 1� r 1. • .l. � '" ~ate - ti- �c.�;= x A '., c try ,k � �.; �.'..r� �;� _�i �I �1� A :��'i ,- 1 .� �+'}r _,._ t , r � �...�.. � t . �� ' r~ "_ . � �� ,-��� ; art, '`'�R �� `a�`44Pi'_ik" '_t .. �� Ya July 18, 2000 Patti McLean Permitting Marine Floats 1208 East"D" Street Tacoma, WA 98421 Dear Patti: I am enclosing a letter from my neighbors to the west, Peter Grimm and Dawn Winters, indicating they support my dock project. My neighbor to the east, Marvin Moore and his wife, Kathy,have not returned my requested letter and have expressed some concern about the impact on their view. They may call to discuss this. They understand that we are proceeding and that the application has been submitted as a single use. Sincerely, Alan H. Kane 11728 NE 48`h Place Kirkland, WA 98033 AHK:bc enc cc wlenc: Michael Stead K\194061850031AMAHK L21TG f June 5, 2000 To Whom it May Concern: We own the property adjacent to the southwest of the Kanes' proposed dock to be located on their property at East 7931 Highway 106, East Union, Washington. Mr. Kane has provided me with a drawing of the proposed float. Although we support the Kanes' proposal, we do not wish to participate in this project. Sipperely, Peter D. Grimm Dawn Winters 1211 East Newton Seattle, WA 98102 K 195025\00005 W H K W H K_L 21 OH