HomeMy WebLinkAboutSEP2013-00055 - SEP Determinations - 8/10/2013 ...-A'�p"% s'
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
PO Box 47775 •Olympia, Washington 98504-7775 •(360)407-6300
711 for Washington Relay Service •Persons with a speech disability can call 877-833-6341
August 28, 2013
Mr.Allan Borden Your address
Mason County , is in the
Department of Community Development J K€4
Planning Division ='
PO Box 279 watershed
Shelton, WA 98584
Dear Mr. Borden:
Thank you for the opportunity to comment on the determination of nonsignificance for the
Koehl/Breeden-Boat Rails project(SEP2013-00055) located at 12921 Northeast North Shore
Road in Belfair as proposed by Brian Breeden. The Department of Ecology(Ecology)reviewed
the environmental checklist and has the following comment(s):
FLOODPLAINS MANAGEMENT: Donovan Gray(360) 407-7253
Work in the 100yr floodplain requires a floodplain development permit. A habitat
assessment may be required per the Federal Emergency Management Agency/National
Marine Fisheries Service (FEMA/NMFS)Biological Opinion to assess impact to EAS listed
species.
SHORELANDS &ENVIRONMENTAL ASSISTANCE: Rick Mraz(360) 407-6221
As configured,the project will require a variance from the Mason County Shoreline Master
Program(SMP). Issuance of an exemption is inappropriate.
The length of the railway is proposed to be 70'. Per the Piers and Docks Chapter of the
SMP: Design standards for boat ramps and marine railways are as follows:
• Ramps and railways shall not exceed 12 feet in width.
• Ramps and railways shall not exceed 50 feet in length, as measured from the line of
ordinary high water.Marine railways shall not extend beyond MLLW(0.0).
• Ramps and railways shall not exceed 18 inches in height at the line of ordinary high
water, or the toe of the bulkhead
The applicant should submit a Joint Aquatic Resource Permit Application(JARPA)to the
U.S.Army Corps of Engineers (Corps). The project may require permitting by the Corps.
August 28, 2013
Page 2
Ecology's comments are based upon information provided by the lead agency. As such,they
may not constitute an exhaustive list of the various authorizations that must be obtained or legal
requirements that must be fulfilled in order to carry out the proposed action.
If you have any questions or would like to respond to these comments,please contact the
appropriate reviewing staff listed above.
Department of Ecology
Southwest Regional Office
(SM:13-4133)
cc: Donovan Gray, SEA
Rick Mraz, SEA
Brian Breeden(Applicant)
�oN STATED MASON COUNTY
t �P C DEPARTMENT OF COMMUNITY DEVELOPMENT
M
S N Planning Division
°Y 0 P O Box 279, Shelton, WA 98584
00 0 (360)427-9670
1864
DETERMINATION OF NONSIGNIFICANCE
(WAC 197-11-340)
SEP2013-00055
Description of Proposal: Proposed new boat rails on Hood Canal property; 5 ft. wide, and
20 ft. long above and 50 to 70 ft, forward of ordinary high water
mark; set on short concrete piers.
Proponent: KOEHL/BREEDEN
Location of Proposal: 12921 NE NORTH SHORE RD BELFAIR
Parcel Number: 322345000014
Legal Description: MADRONA MORNINGSIDE BCH TRACTS TR 14 & T.L.
Directions to Site: On North Shore Rd. 13 miles west of Belfair.
Lead Agency: Mason County
The Lead Agency for this proposal has determined that it does not have a probable significant
adverse impact on the environment. An Environmental Impact Statement (EIS) is not required
under RCW 43.21 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.
Please contact Allan Borden at ext. 365 with any questions. This DNS is issued under WAC
197-11-340(2). The Lead Agency will not act on this proposal for 14 days from the date shown
below, when the determination is final. Comments must be submitted to Dept. of Community
Development, P.O. Box 279, Shelton WA 98584 by 8/30/2013. Appeal of this determination
must be filed within a 14-day period following this final determination date, per Mason County
Code Chapter 15.11 Appeals.
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Boat Rail Plan View
SCALE:Iinch=12 feet
Oft 20ft 40ft 60ft 80ft
Bottom of Keel
one Wall
Steel Rails igh Water Mark
4"concrete slab igh Water Level
6"above surface oncrete Pier(typ)
Ground Surface
High Tide
Distance from Water Level
High Water Mark Above Keel
loft 1 in
20 ft 2.4 ft
30 ft 4.9 ft
40 ft 7.4 ft
50 ft 9.9 ft
60 ft 12.4 ft
70 ft 14.9 ft
Boat Rail Profile
SCALE: 1 inch=12 feet
keel rollers
Boat hull trailer frame
8" steel wheels
13.5 in
4.25 in — —
LI
8" x1j" Bar
30.8 in
5.0 ft
16" x 5" threaded anchor 13 in
Basic Dimensions
in rebar 24 in (min) of Trolly and Boat
---� 2 in
12 in
Concrete Pier Detail
SCALE: 1 inch = 18 inches
SEPA CHECKLIST
$385 - Single Family (Mason County Permit Center Use)
$630 - Non-Single Family 0 to 9.99 Acres SEP2,a 13 - OOC615
$755 -10 to 20 Acres
$945 - Over 20 Acres Date Rcvd: 13
$2,525 + 70/hr- EIS (DS) PN: sole""5o—Gcd�
Purpose of Checklist:
The State Environmental Policy Act (SEPA), chapter 43.21 C RCW, requires all governmental agencies to consider the
environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be
prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of
this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or
avoid impacts from the proposal) and to help the agency decide whether an EIS is required.
Instructions for Applicants:
Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are
significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or
give the best description you can.
You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be
able to answer the questions from your own observations or project plans without the need to hire experts. If you really
.do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply".
',omplete answers to the questions now may avoid unnecessary delays later.
Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer
these questions if you can. If you have problems, the governmental agencies can assist you.
The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on
different parcels of land. Attach any additional information that will help describe your proposal or its environmental
effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional
information reasonably related to determining if there may be significant adverse impact.
There is a fee required, for the processing of the checklist, see above for the appropriate fee. Please make your check
payable to"Mason County Treasurer".
A. BACKGROUND
1. Name of proposed project: 130A7— 90+/ /S
2. Name of applicant: /ale IAA /Jl2L�UL7/V
Property owner. 13Ql4,AJ tS��b-„/ ,A�/� n/ A ,/
3. Applicant mailing address: 10SDS /I8 7`4 P /vC, leIVIZA I Q
Applicant phone numbers: _W_2_4 g, o e 4
4. Date checklist prepared: m ��`: �gi Z013
5. Agency requesting checklist: M C-Ou ZY
Mason County SEPA Checklist 1
6. Proposed timing or schedule (including phasing, if applicable):
611512°13 TZ:) CIO5A013
7. Do you have any plans for future expansion, or further activity related to or connected with this proposal? If yes,
explain. ND
8. List any environmental information you know about that has been prepared, or will be prepared, directly related to
this proposal. N-
9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the
property covered by your proposal? If yes, explain.
MOVE
10. List any government approvals or permits that will be needed for your proposal, if known.
,J-AR P-a -A"pP hcA-T!o AJ S AAJ/J A4t I` W lrhq IP,950/U 600 AkAJ &/?,9eAJ
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11. Give a brief, complete description of your proposal, including the proposed uses and the size of the project and
site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal.
You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional
specific information on project description.)
Potc2 &PN e2C rt P/Ei2 S 7W,65E R07- . O Ur-)Zt1CAf/ CO/(/AJ A/S
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12. What is the location of the proposal? Give sufficient information for a person to understand the precise location of
your proposed project including a street address, if any, and section, township, and range, if known. If a proposal
would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site
plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by
the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related
to this checklist. 6REE- ew Rt5/0e-"V6 s /aka/ N"C- /voRrys,�oer' 'R44
W' 7"'aa iy Ro3 k/ PiAge El.# �a.� 3 y-So - coo/y
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Mason County SEPA Checklist 2
B. ENVIRONMENTAL ELEMENTS
EARTH:
a. General description of the site (circle one): Flat, rolling, hilly, steepls9
mountainous, other(explain).
b. What is the steepest slope on the site (approximate percent slope)? A�yAE( /S
c. What general types of soils are found on the site (for example, clay, sand ea
peat, muck)? If you know
the classification of agricultural soils, specify them and note any prime far
d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe.
NaNF-
e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of
fill. Usr 05 P/lob- X 3` LaA46 — MZ4 AN6 0"
bo 4j.v 2-1 Aw o misT// 77f� p//OF Vt2Trc4-L , /�/`� W/ h6 o v�q*,ow e
l t ,C�eCrll�R ��r lr//// 1��S,o/r�c� �vF/ , 20 u",v Lo/utit N S
qry D Po u z/ CC>AJ Q—ram !�r � �����E. {Rn�►s s� �SuP�9/ i/s',
f. Could erosion occur as a result of clearing, cdnftruction, or use? If so, generally describe.
NO r2RoSie1V— /f// 6✓041- W1/1 8-f- c0.v7-1+1r19-0 /nJ T�f�
P/Pt. NO CI&�wq w11r (3*-- DowNION 1y rat&6-,,Aj� Iw
&eve/.
g. About what percent of the site will be covered with impervious surfaces after project constructions (for
example, asphalt or buildings)? A(//1q
4
h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any:
N/� /UAN'46'&W&--A/r A2/�cTic c — l�v2r�v9
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2. AIR:
a. What types of emissions to the air would result from the proposal (i.e. dust, automobile, odors, industrial wood
smoke) during construction and when the project is completed? If any, generally describe and give
approximate quantities, if known. I/o v6c
b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe.
IVoNt--
Mason County SEPA Checklist 3
c. Proposed measures to reduce or control emissions or other impacts to air, if any:
N/11-
3 WATER:
a. Surface:
1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and
seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If
appropriate, state what stream or river it flows into.6 /�
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2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes,
please describe and attach available plans. R RAC/S RERS 1--Ifl1 A)1714ry
7W 2D0/ oIC7 1*Gd 614A-14-e
3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or
wetlands and indicate the area of the site that would be affected. Indicate the source of fill material.
77o1F-&F- Will /3E , O/ AftOVAJ7- of 646(IEl DU? 14"
W#IC# /s p�.i'�✓��Fx Z� PIU5 /U,' ABOvE 114O F. o. Z of 6'VC1?6'rF:'-
-buREb /nf F,V-t+ Co(ukkN. (TIDE . o ( A1AwVAt7- OF 6",1, ( Will P� e
RAKco o u r o#j BeAc q.
4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and
approximate quantities if known. N6
5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan.
\/G-S
6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of
waste and anticipated volume of discharge. A/C
b. Ground:
1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description,
purpose, and approximate quantities, if known. 49
Mason County SEPA Checklist 4
2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any
(for example; domestic sewage, industrial, containing the following chemicals..., agricultural, etc.).
Describe the general size of the system, the number of such systems, the number of houses to be served
(if applicable), or the number of animals or humans the system(s) are expected to serve.
NIA
c. Water runoff(including storm water):
1) Describe the source of runoff(including storm water) and method of collection and disposal, if any (include
quantities, if known). Where will this water flow? Will this flow into other waters?
NO,
2) Could waste materials enter ground or surface waters: If so, generally describe.
A/X
d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any:
NO
4. PLANTS:
a. Check or circle types of vegetation found on the site: (/1IDNt) lj/Z►'WC: /3
deciduous tree: alder, maple, aspen, other
evergreen tree: fir, cedar, pine, other
shrubs
grass
pasture
crop or grain
wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other
water plants: water lily, eelgrass, milfoil, other
other types of vegetation
b. What kind and amount of vegetation will be removed or altered?
IVPNE"
Mason County SEPA Checklist 5
c. List threatened or endangered species known to be on or near the site.
,5 /11*ON �/-Sh�FL7— PU211Lf& ��o�r NIAI?
d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site,
if any: N/14
5. ANIMALS
a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the
site:
Birds: hawk, heron, eagle, songbirds, other
Mammals: deer bear, elk, beaver, other
Fish: bass, almon, trout, herring, (FEE) other
b. List any threatened or endangered species known to be on or near the site.
IVIN
c. Is the site part of a migration route? If so, explain. �j��/YJpil/ [V ~1A.1f
RZ01V& 5-110Re- /A-1 &-A
d. Proposed measures to preserve or enhance wildlife, if any: -3'rl /Z T ?12o �2T /�s��0 13
7*0t/ 9/1S/Zb 13 wokK WIwDDW Tv AVo( D FtS �t
;5PAUIMAJ7 �1cF.),
6. ENERGY AND NATURAL RESOURCES:
a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's
energy needs? Describe whether it will be used for heating, manufacturing, etc.
N11*
b. Would your project affect the potential use of solar energy by adjacent properties: If so, generally describe.
No
c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed
measures to reduce or control energy impacts, if any: A/A
Mason County SEPA Checklist 6
7. ENVIRONMENTAL HEALTH:
a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion,
spill, or hazardous waste that could occur as a result of this proposal? If so, describe.
NO
1) Describe special emergency services that might be required.
NIA
2) Proposed measures to reduce or control environmental health hazards, if any:
FD/%w �'o�J,S T1Zv�r'ioN s.4�`�—y {�2kFG%�cEs �3�'t P
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b. Noise.
1) What types of noise exist in the area that may affect your project(for example: traffic, equipment,
operation, other)? No &eISC
2) What types and levels of noise would be created by or associated with the project on a short-term or a
long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would
come from the site. I/o /Vdl5 F -/- lVo M4FF—lG
3) Proposed measures to reduce or control noise impacts, if any:
iVIA
B. LAND AND SHORELINE USE:
a. What is the current use of the site and adjacent properties?
R67e,/0L'/v T h-L APAF
b. Has the site been used for agriculture? If so, describe.
/V11::1
c. Describe any structures on the site.
/r /N o200 9
d. Will any structures be demolished? If so, what? /Vo
Mason County SEPA Checklist 7
e. What is the current zoning classification of the site? ES/10evr4Z.- C2Orhj
f. What is the current comprehensive plan designation of the site?
g. If applicable, what is the current Shoreline Master Program designation of the site? Vr
h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify.
ff 6q 64r �
i. Approximately how many people would reside or work in the completed project? dZ
j. Approximately how many people would the completed project displace? NOyr
k. Proposed measures to avoid or reduce displacement impacts, if any: NIA
I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans:
&"FZk 77) 5/Tr oZW.
9. HOUSING:
a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income
housing. 11
b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income
housing. /'///�
c. Proposed measures to reduce or control housing impacts, if any:
10. AESTHETICS:
a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior
building material(s).proposed?
' /
b. What views in the immediate vicinity would be altered or obstructed?
No�F_
c. Proposed measures to reduce or control aesthetic impacts, if any: 7.s�-!N d*0&A,
USIA1 y /31#44 )r A4)5-.U/2
Mason County SEPA Check L� /00�Checklist 8
11. LIGHT AND GLARE
a. What type of light or glare will the proposal produce? What time of day would it mainly occur?
Ns/1-
b. Could light or glare from the finished project be a safety hazard or interfere with views?
/ //i4
c. What existing off-site sources of light or glare may affect your proposal:
No TS
d. Proposed measures to reduce or control light and glare impacts, if any:
N14
12. RECREATION:
a. What designated and informal recreational opportunities are in the immediate vicinity?
l srn-/l /3o,4T 1;?All.t aAj 1.3E�/1
b. Would the proposed project displace any existing recreational uses? If so, describe.
NO
c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be
provided by the project or applicant, if any: 1\1114
13. HISTORIC AND CULTURAL PRESERVATION:
a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known
to be on or next to the site? If so, generally describe. /4/0
b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance
known to be on or next to the site. IVOuE
c. Proposed measures to reduce or control impacts, if any:
Mason County SEPA Checklist 9
14. TRANSPORTATION:
a. Identify public streets and highways serving the site and describe proposed access to the existing street
system. Show on site plans, if any. RE�vt7vr s
oiv A �aivq� ,PJ21 J� y -nfx Ts
R-o o-,D.
b. Is site currently served by public transit? If not, what is the approximate distance to the existing street system?
Show on site plans, if any. NO
c. How many parking spaces would the completed project have? How many would the project eliminate?
Nl,*
d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including
driveways? If so, generally describe (indicate whether public or private). IVOA16-
e. Will the project use (or occur in the vicinity of) water, rail, or air transportation? If so, generally describe.
NO
f. How many vehicular trips per day would be generated by the completed project? If known, indicate when
peak volumes would occur. N1,4
g. Proposed measures to reduce or control transportation impacts, if any:
15. PUBLIC SERVICES:
a. Would the project result in an increased need for public service (for example: fire protection, police protection,
health care, schools, other)? If so, generally describe: NO
b. Proposed measures to reduce or control direct impacts on public services, if any: A)1,4
16. UTILITIES:
a. Circle utilities current) able at the site: lectrici natural gas, Ovate , r se sere e, telephone,
sanitary sewer, seic syste , other:
b. Describe the utilities that are proposed for the project, the utility providing the service, and the general
construction activities on the site or in the immediate vicinity that might be needed.
NO f1bP1714'AJ*-G
The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying
on them to make its decision. may, /
Applicant Signature: Date: AlW11-
Mason County SEPA Checklist 10
ESA LISTED SALMONIDS CHECKLIST
This worksheet was designed to help project proponents, and government agencies, identify when a project needs
irther analysis regarding adverse effects on ESA (Endangered Species Act) listed salmonids. Salmonids are salmon,
trout and chars, e.g. bull trout. For our purposes, "ESA Listed Salmonids" is defined as fish species listed as
endangered, threatened or being considered for listing.
If ESA listed species are present or ever were present in the watershed where your project will be located, your project
has the potential for affecting them, and you need to comply with the ESA. The questions in this section will help
determine if the ESA listings will impact your project.
The Fish Program Manager at the appropriate Department of Fish and Wildlife (DFW) regional office can
provide information for the following two questions.
1. Are ESA listed salmonids currently present in the watershed in which your project will be located?
YES X NO_ Please describe.
SklutpN ARE Ilk) T_1+L HOOD CAwW1_
2. Has there ever been an ESA listed salmonid stock present in this watershed?
YES_ NO_ Uncertain X Please describe.
If you answered "yes" to either of the above questions, you should complete the
remainder of this checklist.
PROJECT SPECIFICES: The questions in this section are specific to the project and vicinity.
1. Name of watershed: W R�
2. Name of nearest waterbody: R00-h
3. What is the distance from this project to the nearest body of water: 3� Often a buffer
between the project and a stream can reduce the chance of a negative impact to fish.
4. What is the current land use between the project and the potentially affected water body (parking lots, farmland,
etc.)? &—AC4
5. Is the project above a:
natural permanent barrier(waterfall) YES_ NO X
natural temporary barrier(beaver pond) YES_ NO �)//
man-made barrier(culvert, dam) YES_ NO lti
• other(explain):
6. If yes, are there any resident salmonid populations above the blockage?
YES_ NO X Don't know X
7. What percent of the project will be impervious surface (including pavement& roof area)? lY
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Mason County SEPA Checklist 11
FISH MIGRATION: The following questions will help determine if this project could interfere with migration of adult
and juvenile fish. Both increases and decreases in water flows can affect fish migration.
1. Does the project require the withdrawal of:
a. Surface water? YES_ NO X
Amount
Name of surface water body
b. Ground water? YES_ NO A
Amount
From where
Depth of well
2. Will any water be rerouted: YES_ NO_A
If yes, will this require a channel change?
3. Will there be retention or detention ponds? YES_ NO
If yes, will this be an infiltration pond or a surface discharge to either a municipal storm water system or a surface
water body? If to a surface waterbody, please give the name of the waterbody.
YES_ NO_
4. Will this project require the building of new roads? YES_ NO
Increased road mileage may affect the timing of water reaching a stream and may impact fish habitat.
5. Are culverts proposed as part of this project? YES_ NO X X
6. Will topography changes affect the duration/direction of runoff flows? YES_ NO
If yes, describe the changes.
7. Will the project involvip any reduction of the floodway or floodplain by filling or other partial blockage of flows?
YES_ NO X
If yes, how will the loss of flood storage be mitigated by your project?
WATER QUALITY: The following questions will help determine if this project could adversely impact water quality.
Such impacts can cause problems for listed species.
Water quality can be made worse by runoff from impervious surfaces, altering water temperature, discharging
contaminants, etc.
1. Do you know of any problems with water quality, in any of the streams, within this watershed?
YES_ NO )L If yes, describe.
Mason County SEPA Checklist 12
• 2. Will your project eit�ier reduce or increase shade along or over a waterbody?
YES_ NO If yes, describe.
Removal of shading vegetation or the building of structures such as docks or floats often results in a change in
shade.
3. Will the project increase nutrient loading or have the potential to increase nutrient loading or contaminants
(fertilizers, other waste discharges, or runoff)to the waterbody? If yes, describe.
YES _ NO X
4. Will turbidity be incrased because of construction of the project or during operation of the project?
YES_ NO
In-water or near water work will often increase turbidity.
5. Will your project require long-term maintenance, i.e. bridge cleaning, highway salting, and chemical sprays for
vegetation management, clearing of parking lots?
YES_ NO If yes, please describe.
VEGETATION: The following questions are designed to determine if the project will affect riparian vegetation,
thereby, adversely impacting salmon.
1. Will the project involve the removal of any vegetation from the stream banks:
YES _ NO X
If yes, please describe the existing conditions, and the amount and type of vegetation to be removed.
2. If any vegetation is removed, do you plan to re-plant?
YES _ NO X If yes, what types of plants will you use?
The above answers are true and complete to the best of my knowledge. I understand that the lead agency is
relying on them to make its decision.
Applicant Signature: Date: �
Mason County SEPA Checklist 13
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Skokomish Indian Tribe
Natural Resources Department (360) 877-5213
N. 541 Tribal Center Road Fax(360)877-5148 Skokomish Nation, WA 98584
August 29,2013
Environmental Review Application No.: SEP2013-00055
Project Name: Koehl/Breeden marine boat rails
Description of Proposal: Proposed new boat rails 5' wide by 20' long above OHW,and 50-70'
forward of ordinary water mark; set on short concrete piers
Location: 12921 NE North Shorc Rd
Belfair, WA 98528
Proponent: Koehl/Breeden
Mason County DCD,
The above project will impact one or all of the following: the Skokomish Tribe's treaty
guaranteed resources and/or their associated habitat,the ability of the Tribe to exercise their
treaty right,and the cultural of the"Tribe.The Skokomish Tribe has determined that the above
project will impact the culture of the Skokomish Tribe and needs to be denied.The above project
needs to be denied for the following reasons.
1.) The Skokomish Tribe does not agree with the policies and processes the Federal,
State,and County governments have set in place for determining impacts to the
Skokomish Tribe's resources,and culture, from development in the Tribe's Usual and
Accustomed(U &A)harvesting area.The Federal,State,and counties current land use
policies violate the treaty the Skokomish Tribe has with the United States government.
In 1855,the predecessors of the Skokomish Tribe entered into the Treaty of Point
No Point with the United States. Article IV of the Treaty reserves to the signatory Tribes
"[t]he right of taking fish at usual and accustomed grounds and stations...in common
with all citizens of the United States[.j" This right may not be abrogated without specific
and express Congressional authority. Muckleshoot Indian Tribe V. Hall,698 F. Supp.
1502, 1511 (W.D.Wash. 1988). In 1974,the federal court decision in United States v.
Washington-also known as the Boldt decision,affirmed the Tribe's treaty right to half of
the harvestable salmon and established the tribes as co-managers of Washington fisheries.
I
Created by Randy Lumper, Environmental Planner for the Skokomish Tribe
"The federal courts have recognized four basic values associated with the treat-reserved
rights of the tribes:(1)conservation value of the resource,(2)ceremonial, religious,and
spiritual values,(3)subsistence,and(4)commercial value.The treaty right to fish is a
property right of the tribes and is protected under the Fifth Amendment of the U.S.
Constitution,our treaties and the U.S. Supreme Court affirmation of this right(Treaty
Rights at Risk,white paper 2011,NWIFC)."
The Skokomish Tribe's treaty with the federal government was signed in 1855,
long before most of Hood canal was divided into smaller parcels for development.As
such the Skokomish Tribe's treaty guaranteed property right at any location in their U&
A area supersedes the rights of private property owners whose properties were purchased
(i.e. public to private ownership)and/or subdivided after 1855. All development in the
Skokomish Tribe's U&A area on parcels established after 1855 needs to be approved by
the Skokomish Tribe in order to ensure that it does not violate the Skokomish Tribe's
grandfathered in property(treaty)right.
2.) "Salmon Recovery is based on the crucial premise that we can protect what
habitat remains while we restore previously degraded habitat conditions.Unfortunately
significant investments in recovery may not be realized because the rate of habitat loss
continues to outpace restoration. The resulting net decline in habitat demonstrates the
federal government's failure to protect the tribe's treaty-reserved rights. For example,the
U.S. Army Corps of Engineers(A.C.O.E.)404 permitting authorizes the very same
structures that salmon recovery actions seek to remove. Also,the federal government has
approved and continues to fund state programs under the guise of coastal zone
management that actually impede salmon recover.For instance,the state's Shoreline
Management Act also permits shoreline development for single-family residences,
including bulkheads and docks that degrade habitat.The government's piecemeal
approach to recovery has resulted in a lack of agency consistency and ultimately the
implementation of federal programs that serve neither to recover salmon nor protect
treaty rights. For example,many federally funded environmental and conservation grant
programs are not required to protect salmon. Instead, in many cases those programs rely
on a planning process that ultimately lets the landowner decide what is best for salmon,
even if the choices are contrary to federally approved total maximum daily loads
(TMDLs)or federally approved salmon recovery plans.Currently,National Marine
Fisheries Service(NMFS)holds the Tribe to a different standard than all others by
applying more stringent standards to tribal salmon harvest than to actions that degrade
salmon habitat.The federal government continues to focus on restricting the Tribe's
treaty rights even though the science indicates that salmon will not recover or survive
unless the government reduces the even greater take of salmon caused by habitat loss and
degradation. The federal government's disparate treatment contravenes its trust
responsibility to the western Washington treaty Indian tribes and undermines
accomplishment of federal fish and wildlife management objectives(Treaty Rights at
Risk,white paper 2011,NWIFC)."
Habitat protection and recovery is critical in maintaining the culture of the
Skokomish Tribe.All development actions within the Skokomish Tribes U&A area that
may and/or are likely to impact habitat need to be approved by the Skokomish Tribe,to
ensure that the Skokomish Tribe's treaty guaranteed property right is not violated and the
associated habitat and treaty guaranteed resources are not degraded.
3.) The requirement that a specific location within the Skokomish Tribe's U&A
area needs to be actively harvested in order to be protected from development,and its
associated impacts,is a violation of the Federal governments trust responsibility to the
2
Created by Randy Lumper, Environmental Planner for the Skokomish Tribe
Skokomish Tribe. "The treaty right to fish is a property right of the tribes and is
protected under the Fifth Amendment of the U.S.Constitution,our treaties and the U.S.
Supreme Court affirmation of this right("Treaty Rights at Risk,white paper 2011,
NWIFC)."The Skokomish reserves the right to fish by any legal means anywhere fishing
is allowed.Just because an area is not actively fished now does not mean that it has not
been fished in the past(because it most likely was),and will not be fished in the future.
The Skokomish Tribal population is by no means stagnant and continues to grow,as such
more areas of their U& A area will be needed for fishing to accommodate this growth.
Furthermore the Skokomish Tribe's vision for the future of their U&A area and the
resources therein,is that they will be restored to pre settlement levels in the future.
Salmon used to run year round in the Skokomish Tribe's U&A area,the Skokomish
Tribe is working towards achieving this again.This means that areas that may not have
fish in them now,will ideally in the future. Any actions that will or have the potential to
impair, restrict,or stop Skokomish Tribal members from being able to fish or harvest
anywhere in their U&A area need to be approved by the Skokomish Tribe to ensure that
these actions will not impact the ability of tribal members to exercise their treaty
guaranteed right to fish and harvest resources.
4.) All actions that affect the Skokomish Tribe's U&A area,(Hood Canal and its
associated watersheds,habitat,and resources) impact the culture of the Skokomish Tribe.
Often times the culture of Puget Sound tribes is associated with archaeological sites;
however The Skokomish Tribe has a culture that is very much alive and active today and
is based in the landscape. In order for this culture to survive into the future the Tribe
needs to have a healthy,functioning Hood Canal ecosystem. In order for Hood Canal and
the species that live therein to be healthy they need clean water,clean air,and intact
functioning habitat. Every action that degrades habitat,water,or air directly impacts the
culture of the Skokomish Tribe. Thus all development actions within the Skokomish
Tribes U&A area need to be approved by the Skokomish Tribe so as to ensure that they
do not impact the culture of the Tribe.
5.)This project will affect all four of the values recognized by the federal courts to be
associated with the treat-reserved rights of the tribes:(1)conservation value of the
resource,(2)ceremonial, religious,and spiritual values,(3)subsistence,and(4)
commercial value.
• The conservation value of the associated habitat will be impacted by the
construction of the structure,the presence of the marine rails itself post
construction,and the future maintenance that will be required.
• This project will impact the ceremonial,religious,and spiritual value of the
Skokomish Tribe's U&A area,as it will impact existing habitat,water quality,
and atheistic value of the Skokomish Tribe's U &A area.These values are
integral to the Skokomish Tribes culture.
• The project will impact and reduce subsistence opportunity in the Skokomish
Tribes U&A area.
• This project will impact the commercial value of the resources located on said
parcel,within the Skokomish Tribe's U &A area,as well as adjacent parcels as
the impacts from the construction of the marine rails,the structure itself,and the
use of said marine rails will not be localized to the project impact area. Site
specific information has not been collected on this property as off yet.
3
Created by Randy Lumper,Environmental Planner for the Skokomish Tribe
Because of the impacts to the Tribe's treaty right and treaty resources,Mason County
DCD needs to deny this permit. We also request that the Skokomish Tribe be made aware of any
decision that you make regarding this permit(SEP2013-00055)and any other permit which may
affect the tribe. Thank you for including the Skokomish Tribe in the planning process; if you
have any questions about the comments provided herein please contact Randy N.Lumper
(Environmental Planner)at 1-360-877-5213 ext.# 508 or email them to rlumper a skokomish.org.
Sincerely,
Joseph Pavel
Director
Skokomish Natural Resources Department
4
Created by Randy Lumper, Environmental Planner for the Skokomish Tribe