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HomeMy WebLinkAboutSHR2010-00005 Hearing - SHR Letters / Memos - 6/22/2010 Mason County Department of Planning g Building I * 411 N. 5th Street * P.O. Box 279 Shelton, Washington 98584 * (360) 427-9670 June 22, 2010 TO: Mason County Hearing Examiner FROM: Planning Staff—Allan Borden, 360.427.9670 ext. 365 RE: Mason County Shoreline Substantial Development Permit(SHR2010-00005). STAFF REPORT I. Introduction. This report evaluates an application for a Shoreline Substantial Development permit for the construction of a joint use pier-ramp-float structure with a 54 ft. long by 4 ft wide wooden pier(with 100 percent functional grating), a 40 ft by 4 ft aluminum fully grated ramp leading to a 24 ft long by 8 ft wide long float(with 50 percent functional grating). Four galvanized steel piling support the pier; four galvanized steel piling secure the float. One stub piling and a float stop on each of the float pilings are proposed. Total length of the structure from the Ordinary High Water Mark(OHWM) is 115 feet. A mooring buoy is proposed at 330 feet from the bulkhead, secured by a screw anchor. See attached Biological Evaluation(Exhibit 12) for more details. Staff fmds the proposal is consistent with Mason County Shoreline Master Program Piers and Docks policies and use regulations and recommends permit conditions if the proposal is approved. II. Applicant: Peter Orser. III. Agent: Amy Leitman, Marine Surveys and Assessments. IV. Date of Complete Application: May 20, 2014. V. Site address and Project Location: 6500 and 6510 E Grapeview Loop Rd.; Grapeview, WA. Parcels 12232-10-01100 and 12232-10-01090. VI. Evaluations. A. Characteristics of the area. The general area is characterized by single-family residential construction along Case Inlet on the east side of Grapeview Loop Rd. (Exhibit 4 and 5). Residences near the project site along the waterfront have lot depths of 300 to 1,300 feet, and lot widths of 70 to 100 feet. From the subject property line, an existing 100-foot long pier-ramp-float to the south is 1,220 feet away; no pier-ramp-float structure is located to the north Orser SHR2014-00012 pier ramp float staff report 1 into the Allyn area(Exhibit 3). The beach area is cobbly and gravelly, with some shell evident. See the attached Biological Evaluation (Exhibit 12) for a more complete description. B. Characteristic of the site. Two properties are involved in this request; the Orsers own both parcels. Each of their properties are 100 feet wide along the Case Inlet shoreline (Exhibit 2). The shoreline is protected by a rock bulkhead for the entire width of each property and a rock- gravel ramp is located between the properties. (pages 43 to 45 in Exhibit 12). The proposed pier- ramp-float will be located at an existing wooden deck on parcel -01100 and will extend from the top of the bulkhead waterward for 115 feet (pages 45 in Exhibit 12). The USFWS has designated the project site as critical habitat in Case Inlet for Coastal-Puget Sound bull trout and Puget Sound Chinook salmon. The Biological Evaluation//Regional General Permit 6 (RGP6) (Exhibit 12) submitted by the Agent notes: a)that some primary constituent elements of critical habitat for Puget Sound Chinook are resent and the proposal may g P P p Y affect estuarine and nearshore elements during pile driving; and b)that primary constituent elements of critical habitat for Puget Sound Bull Trout are not present. The noise and turbidity of the proposal may affect foraging and migratory habitat in the saltwater areas but minimally affect prey species when pile driving is scheduled at appropriate times when these species are not spawning. Surf smelt are known to spawn in the area and are limited by appropriate spawning substrate. C. Comprehensive Plan Desi ation. The Mason County Comprehensive Plan designation for the site is Rural. D. Shoreline Master Program Designation. The Shoreline Master Program environmental designation for the site is Urban. E. Zoning. The parcel is zoned Rural Residential 5 (RR-5). VII. SEPA Compliance and other public notice requirements.A Notice of Shoreline Management Permit for a Substantial Development Permit, SHR2014- 00012 was issued 06/26/14 and posted on 07/22/14 (Exhibit 9). The Affidavit of Publication of Shoreline Management Permit is attached(Exhibit 10). The proposal was reviewed under SEPA, SEP2014-00030 when a DNS was issued on 07/14/14 (Exhibit 8). No comments have been received to date. VIII. Other Permits. The proposal will require a Mason County Building Permit, Hydraulic Project Approval from Washington Department of Fish and Wildlife (WDFW), Washington Department of Ecology Water Quality Protection Concurrence, and US Army Corps of Engineers (ACOE)approval. Orser SIMO 14-00012 pier ramp float staff report 2 IX. Analysis. Per the Mason County Shoreline Master Program SMP this proposal Y tY g � )� P P requires a Shoreline Substantial Development Permit due to the cost exceeding $5850 per Title 15.09.055 and by reference to the Project Classifications matrix, Title 17.50.050. The proposal is for a joint-use pier-ramp-float on an Urban Designation shoreline and requires a Substantial Development Permit using the applicable policies and use regulations regarding Piers and Docks. Applicable Pier and Dock Policies from Comprehensive Plan Chap. XI are: 1. Piers and docks should be designed and located to minimize obstruction of views and conflicts with recreational boaters and fishermen. The proposed joint-use pier-ramp-float structure may impact some view corridors for existing neighbors to the north and south, given that there is a no pier-ramp-float structure to the north and existing structures more than 1,200 feet south of this project site (Exhibit 4). The proposed structure will be 10 to 15 feet above the beach at 25 to 40 feet from the bulkhead and is unlikely to cause conflicts with beach users, recreational boaters andlor fisherman. 2. Cooperative uses of piers and docks are favored, especially in tidal waters. The proposal is for a joint-use pier-ramp-float structure; see proposed joint- use agreement(Exhibit 11). The proposed structure uses the additional 15 ft. length provision of I15 foot total length and the float area of 192 sq.ft. with 50 percent functional grating. 3. The type, design and location of docks and piers should be compatible with the shoreline characteristics, tidal actions, aesthetics, adjacent land and water uses. As noted in policy#1, the proposed structure will be of a similar length as existing pier-ramp-float structures farther south that are attached to existing bulkheads. A joint-use proposal consolidates the recreational use of two shoreline properties. The proposed float is under 200 sq.ft. area,far less than the 700 sq.ft. area allowed by the Piers and Docks regulation for two- party joint-use proposals. The pilings will have stops that will prevent the floats from grounding out and disturbing the beach. The surface of the proposed pier, ramp and float elements will each have grating to minimize shading of the aquatic environment and beach area. No change in the littoral movement of beach substrate should be caused by the construction or operation of the structure. The proposal is compatible with the shoreline recreational(beach access, boating,fishing, and piers and docks uses) and adjacent residential land uses. 5. Mooring buoys and floats are preferred over piers and docks. The proposal is for a joint-use pier supported by four galvanized steel piling that provides access to the 8-foot wide by 24 foot deep float secured by four Orser SBMO14-00012 pier ramp float staff report 3 galvanized steel piling. A mooring buoy is proposed at 330 feet from the bulkhead, secured by a screw anchor (Exhibit 6). 7. Boat houses and covered moorages shall be discouraged. None of these structures are proposed. Applicable Title 17.50 Pier and Dock Use Regulations are: 1. The location and design of docks and piers, as well as the subsequent use shall minimize adverse effects on fish, shellfish, wildlife and water quality. The Biological Evaluation contained in the habitat management plan & biological evaluation document (Exhibit 12) identifies no significant environmental threat from this joint-use proposal. The direct effects from the proposed project may cause some short-term impacts on salmon from the turbidity and noise caused by the pile-driving. Indirect effects over the long- term might include alteration of nearshore juvenile salmon migratory pathways, increase in salmonid predation, reduction in prey resources and location of refugia due to shading of the substrate by the structure and additional area of increased boat use. The applicant has integrated 100 percent functional grating into the pier structure and 50 percent functional grating into the float structure. Eelgrass blades were not observed during their surveys; therefore, this project will most likely not impact salmon forage habitat. Verylittle t tl e use by shellfish was noted to the surveys conducted an the area of the ramp and float structures. Surf smelt will not be impacted due to absence of suitable spawning substrate. 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. Community or joint-use facilities may be located on the property line. The proposed pier-ramp float will be located more than 30 feet south of the common property line between lot—01100 and lot—01090. This location is at he existing small beck on the southern of the two properties involved, minimizes the obstruction of views from neighboring properties, and is designed to not interfere with continued recreational uses in the beach area. 4. No pier, dock, or float or similar device shall have a residential structure constructed upon it. None are proposed. 7. Maximum overall length of a recreational pier or dock facility including float shall be only so long as to obtain a depth of three feet of water as measured at mean lower low water on salt water. The length of any pier or dock shall not exceed the lesser of 15% of the fetch or 100 feet from Ordinary Orser SB R2014-00012 pier ramp float staff report 4 High Water Mark(OHWM)on salt water. Joint-use facilities may be an additional 15 feet in length, not to exceed minus 5 feet depth. The pier-ramp-float is proposed at a total length of 115 feet waterward of OHWM(rock bulkhead), which is the maximum allowed length. The application drawing shows the float and pilings shall have stops to keep the float no lower than 0.0 feet, Mean Low Low Watermark(MLLW), with a stop for floats on each piling at I foot above the seabed. 8. Only one dock is allowed per lot. One proposed. Any existing anchored float will be removed. 9. The width of recreational piers and docks shall not exceed eight feet. The proposed width of the joint-use pier is four feet, the ramp is four feet and the float structure is 8 feet. 10. At the end of a dock or pier, a float may be attached. These floats may either be parallel to the dock or pier, or form a"T"or"L". In tidal water,the joint- use float shall not exceed 700 gross square feet without a boat slip or 1,000 gross square feet with a boat slip. The float surface area is 192 square feet and extends 24 feet waterward from the end of the ramp. 13. Recreational piers shall be no higher than 11 feet above mean higher high water. Piers and docks shall have at least an eight-foot span between pilings. Per the drawings in the Project Description, the proposed height is approximately 3 to 3.5 feet above mean higher high water. The pilings will have an approximately 14-to 15-foot span. 14. The surface of floating structures shall be a minimum of eight inches above the surface of the water. If the proposal is approved, the float structure will meet this standard. 15. All floating structures shall include intermittent supports to keep structures off the tidelands at low tide. The proposal drawings do show stub pile that will keep the structure at least one foot above the beach substrate. 16. All facilities shall be constructed and maintained in a safe and sound condition. Abandoned or unsafe docks and piers shall be removed or repaired promptly by the owner. Where any such structure constitutes a hazard to the public,the County may, following notice to the owner, abate the structure if the owner fails to do so within a reasonable time, and may impose a lien on the related shoreline property in an amount equal to the cost of the abatement. This provision shall be included in conditions of approval. Orser SIMO 14-00012 pier ramp float staff report 5 Applicable Title 15 Review Criteria: Per section 15.09.050 (C)(1-3),the Hearing Examiner shall review a proposed development according to the following criteria. 1. The development does not conflict with the Comprehensive Plan and meets the requirements and intent of the Mason County Code, especially Title 6, 8, and 16. Staff Response: To address each Title: Title 6—No review for septic and water service is part of this review. Title 8 - The proposal is located within the shoreline critical areas and buffers, and the environmental checklist from July 2014 and the review criteria discussed earlier in this report address the scope of the proposal and any potential impacts to the shoreline area. Title 16—Since this does not involve subdividing or changing boundary lines, Title 16 does not apply. 2. The development does not impact the public health, safety and welfare and is in the public interest. Staff Response: The proposal SEPA checklist and Determination of Non-Significance addressed the potential impacts of the proposed overwater recreational project. The review concluded that public health, safety and welfare are not impacted and the public interest in the shoreline area is protected. 3. The development does not lower the level of service of transportation and/or neighborhood park facilities below the minimum standards established within the Comprehensive Plan. Staff Response: The proposal did not involve transportation issues, nor were neighborhood park facilities affected. The proposal will not lower the level of service of transportation in the area of the properties. Neighborhood park facilities would not be required for this land use and the minimum standards established within the Comprehensive Plan will not be lowered. X. Conclusions. Based upon these policies, use regulations and guidelines,the project is found to be consistent with the Mason County Shoreline Master Program regarding Piers and Docks. Planning staff is satisfied with the Biological Evaluation(RGP6 document) and the assessment of proposal impacts. Staff recommends the following conditions if the proposal were to be approved: 1. The joint-use agreement dated March 6, 2014 presented by the applicant (Exhibit 11) shall be recorded on the two parcels involved in this joint-use pier- ramp-float request [Parcel nos. 12232-10-01100 and 12232-10-01090]. 2. Debris or deleterious material resulting from construction shall be removed from the beach area and project site and shall not be allowed to enter waters of the State. Orser SHR2014-00012 pier ramp float staff report 6 3. Remove any existing float and anchoring system. 4. Install float stops on all float pilings to suspend the floats at least 1 foot above the seabed. 5. Install stub pilings beneath both floats to suspend them at least 1 foot above the seabed during extreme low tides. 6. Install 4-foot wide 100 percent functional grating on the 8-foot wide float. 7. Install fully grated ramp. 8. Install 100 percent functional grating deck surface on the 54-foot long pier. 9. Floatation for the structure shall be entirely enclosed and contained to permanently prevent the breakup or loss of the floatation material into the water. 10. Orient flotation so that it does not obstruct the grating. 11. Install plastic wear-strips between the float and the pilings to reduce treated wood chafe. 12. Pressure treated wood in the float elements must be completely dry prior to placement in water. Use of creosote or pentachlorophenol is prohibited. 13. Pile driving shall take place in a suitable fall -winter time period to minimize direct impacts on migrating salmon, wintering bald eagles and forage fish spawning activities (per WDFW Hydraulic Project Approval). 14. Pile driving must be suspended if there is killer whale activity in the vicinity and resume in their absence. 15. All facilities shall be constructed and maintained in a safe and sound condition. Abandoned or unsafe docks and piers shall be removed or repaired promptly by the owner. Where any such structure constitutes a hazard to the public,the County may, following notice to the owner, abate the structure if the owner fails to do so within a reasonable time, and may impose a lien on the related shoreline property in an amount equal to the cost of the abatement. 16. All other necessary permits from Mason County, Washington State and/or Federal Agencies that are required for this proposed development and construction must be obtained PRIOR TO CONSTRUCTION and all conditions must be adhered to until completion of the project. XI. Choices of Action. 1. Approve. 2. Approve with conditions. 3. Deny(reapplication or resubmittal is permitted). 4. Remand to for further proceedings and/or evidentiary hearing in accordance with Section 15.09.090 of Title 15. Orser SHR2014-00012 pier ramp float staff report 7 c2_---__--___ AGENCY USE ONLY a � Date received: US Army Corps i i WASHINGTON STATE se *_Dstro Seattle District Joint Aquatic Resources Permit Agency reference#:��2D14 Application (JARPA) Form1,2 ; Tax Parcel#(s): I Z t , USE BLACK OR BLUE INK TO ENTER ANSWERS IN THE WHITE SPACES BELOW. , , L______________________________________1 Part 1—Project Identification 1. Project Name (A name for your project that you create. Examples: Smith's Dock or Seabrook Lane Development) hf @1W Orser Pier, Ramp Float, and Mooring Buoy Part 2—Applicant The person and/or organization responsible for the project. [help] 2a. Name (Last, First, Middle) Orser, Peter 2b. Organization(If applicable) 2c. Mailing Address (Street or PO Box) 4606 Forest Ave. SE 2d. City, State, Zip Mercer Island, WA 98040 2e. Phone(1) 2f. Phone(2) 2g. Fax 2h. E-mail (206) 795-7008 peter.orser@wreco1.com Additional forms may be required for the following permits: • If your project may qualify for Department of the Army authorization through a 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 htti)://www nws usace.armv mil/Missions/Civi[Works/Regulatory/PermitGuidebook/EndangeredSpecies asox. • Not all cities and counties accept the JARPA for their local Shoreline permits.If you need a Shoreline permit,contact the appropriate city or county government to make sure they accept the JARPA. 2To access an online JARPA form with(help]screens,go to htto://www.ei)ermittina.wa.gov/site/alias resourcecenter/iaroa iarpa form/9984/iaroa form asox. For other help,contact the Governor's Office for Regulatory Innovation and Assistance at(800)917-0043 or helpo-ora.wa.gov. JARPA Revision 2012.2 Page 1 of 22 Part 3—Authorized Agent or Contact Person authorized to represent the applicant about the project. (Note: Authorized agent(s) must sign 11 b of this application.) hell 3a. Name (Last, First, Middle) Leitman, Amy 3b. Organization (if applicable) Marine Surveys &Assessments 3c. Mailing Address (street or Po Box) 521 Snagstead Way 3d. City, State, Zip Port Townsend, WA 3e. Phone(1) 3f. Phone(2) 3g. Fax 3h. E-mail (360) 385-4073 (360) 301-0262 marine.surveys.inc@gmail.com Part 4—Property Owner s P Y � 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. [help) X 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 JARPA 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) 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 22 Part 5—Project Location(s) Identifying information about the property or properties where the project will occur. hel ) ❑ There are multiple project locations (e.g. linear projects). Complete the section below and use JARPA Attachment B for each additional project location. 5a. Indicate the type of ownership of the property. (Check all that apply.) h[ elp] X Private ❑ Federal ❑ Publicly owned (state, county, city,special districts like schools, ports, etc.) ❑ Tribal ❑ Department of Natural Resources (DNR) —managed aquatic lands (Complete JARPA Attachment E) 5b. Street Address (Cannot be a PO Box. If there is no address, provide other location information in 5p.) [b@jPJ 6500 E Grapeview Loop Road 5c. City, State, Zip(If the project is not in a city or town, provide the name of the nearest city or town.) [help] Allyn-Grapeview, WA 98546 5d. County [help] Mason 5e. Provide the section, township, and range for the project location. [help] 1/4 Section Section Township Range NE 32 T22N R01 W 5f. Provide the latitude and longitude of the project location. heI • Example:47.03922 N lat./-122.89142 W long. (Use decimal degrees-NAD 83) Lat: 470 21.477, N; Long: 1220 49.636, W 5g. List the tax parcel number(s)for the project location. h[ elp] • The local county assessor's office can provide this information. 12232-10-01100 and 12232-10-01090 5h. Contact information for all adjoining property owners. (If you need more space, use JARPA Attachment C.) hel Name Mailing Address Tax Parcel #(if known) Harold & Shirley Vlist et al P.O. Box 1516 12232-10-91110 H & L Bennett Trust --------_._...-........_.............._.............._................ . Allyn, WA 98524 David Henry Guiles et al 16916 1st Ave. SE 12232-10-01080 Diane Dorothy Yokoyama --.._..._.._..-------..._..-----...-.............. Bothell, WA 98012 JARPA Revision 2012.2 Page 4 of 22 5i. List all wetlands on or adjacent to the project location. [hep] There are no wetlands mapped on these parcels. 5j. List all waterbodies (other than wetlands) on or adjacent to the project location. h[ pid Case Inlet 5k. Is any part of the project area within a 100-year floodplain? [he�jl X Yes ❑ No ❑ Don't know 51. Briefly describe the vegetation and habitat conditions on the property. [hpi Please see Habitat Management Plan for survey results and pictures of the site, in short: This site is described as residential parcel. The site is located on the shoreline of Case Inlet with Grapeview Loop Rd to the west and other residential parcels to the north and south. The habitat in this area is relatively intact with a single family residence and. Priority habitat types occurring in and near the project area are marine intertidal and estuarine areas (WDFW 2011). This area is located within WRIA 14. 5m. Describe how the property is currently used. [hell Single family residence/vacation cabin 5n. Describe how the adjacent properties are currently used. [hell l Single family residences 5o. Describe the structures (above and below ground) on the property, including their purpose(s) and current condition. [hell Parcel # 12232-10-01090 In the process of building a new single family residence. See permit# BLD2013-00612 Parcel# 12232-10-01100 has a 952 sq. ft., one bedroom, single family residence built in 1965. 5p. Provide driving directions from the closest highway to the project location, and attach a map. h[ M JARPA Revision 2012.2 Page 5 of 22 Part 6—Project Description 6a. Briefly summarize the overall project. You can provide more detail in 6b. [help] Please see Habitat Management Plan for construction details and plans, in short: The proposed project involves the construction of a joint-use new pier, ramp and float(PRF) structure as well as mooring buoy at the Orser property on Case inlet in the South Puget Sound Basin. The structure will be 1 15' in total length and be oriented at 75' magnetic north. The PRF structure will be composed of a 4'x 54' pier with 50%fiberglass grated surface and 50%composite decking, a 4'x 40' 100%grated aluminum ramp, and an 8'x24' float with 50%fiberglass grated surface and composite decking. The structure is supported by (4) 8" diameter galvanized steel piling associated with the pier section and (4) 8" diameter galvanized steel pilling to secure the float in place. Total constructed length is 1 15', with 1 10' of overwater coverage. Float piling will be equipped with (2) 8" stub piling as float stops to prevent grounding. The mooring buoy will be secured by helix screw anchors approximately 330' from the bulkhead along T1 transect at a depth of-7.7. 6b. Describe the purpose of the project and why you want or need to perform it. hel ] For boat moorage and recreational use of Case Inlet. 6c. Indicate the project category. (Check all that apply) [help] ❑ Commercial X Residential ❑ Institutional ❑ Transportation X Recreational ❑ Maintenance ❑ Environmental Enhancement 6d. Indicate the major elements of your project. (Check all that apply) [help] ❑ Aquaculture ❑ Culvert X 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 X Dock/ Pier ❑ Marina / Moorage ❑ Stairs ❑ Bridge ❑ Dredging ❑ Mining El Stormwater facility ❑ Bulkhead ❑ Fence ❑ Outfall Structure JARPA Revision 2012.2 Page 6 of 22 ❑ Buoy ❑ Ferry Terminal ❑ Piling/Dolphin ❑ Swimming Pool ❑ Channel Modification ❑ Fishway ❑ Raft ❑ Utility Line ❑ Other: I JARPA Revision 2012.2 Page 7 of 22 6e. Describe how you plan to construct each project element checked in 6d. Include specific construction methods and equipment to be used. [help] • Identify where each element will occur in relation to the nearest waterbody. • Indicate which activities are within the 100-year floodplain. See Habitat Management Plan for details,t his project is in Case Inlet, a FWHCA and FEMA Flood Plain A. In Short: 1) Residential recreational dock will be designed as follows: a) A pier width of 4 feet with at least 40%functional grating with 60%open area. b) Pier support piling to be spaced with maximum span or spacing between support pilings. A spacing of 20 feet is considered optimal. Steel pilings are 8"to 10" in diameter. c) Ramp widths will be a maximum of 4 feet and fully grated. d) A float width no greater than 8'with functional grating installed on 50 percent of the surface area e) Float structure length will be no greater than 60 feet. 2) No portion of the dock or float system shall ground or rest on the beach. Pile blocks or stops will be used to maintain a minimum of 12 inches between the bottom of the dock or float and the beach grade. 3) Flotation for the structure shall be fully enclosed and contained in a rigid shell that prevents breakup of loss of the flotation material into the water and is not readily subject to damage by ultraviolet radiation and abrasion caused by rubbing against dock fixtures or waterborne debris. Flotation material shall not be constructed of shrink-wrap type plastic,or spray-on foam-type shell. Flotation material may be contained by the following material: concrete,polyethylene shells or rubber tires. 4) For floats and piers that are designated to be constructed of treated wood,the specification is for ACZA treated Douglas fir. 5) If ACZA pilings are used then the wood shall have undergone one or more of the following BMPs to minimize leaching of contaminants into the water or the bed(note: see amendment to Best Management Practices (BMPs)for the Use of Treated Wood in Aquatic Environments, BMP Amendment#1, April 17,2002): a)Aqua-Ammonia Steaming Cycle(AASC); b) Post Treatment Kiln Drying; c)Minimum Plant Holding Time("MPHT"). In addition to recommendations for the ACZA BMPS- Amendment#1 for"MPHT"treatment, all ACZA treated wood shall be held under cover a minimum of 3 weeks at a constant temperature that meets,or exceeds 60' F. If the ambient temperature is less than 60' F, then ACZA treated wood must undergo the Post Treatment Kiln Drying,noted above. d) In-Retort Ammonia Removal Plus Plan Holding Time(MPHT), as conditioned in previous section (c), but held under cover, for a minimum of 1-week,at a constant temperature that meets or exceeds 60' F. e) ACZA wood treatment methods shall be verified by providing a signed and dated certification from a third party. 6) In cases where steel piling is specified,the piling may be coated with an epoxy coating or hot-dip galvanized. 7) Removal or destruction of overhanging bankline vegetation shall be I imited to that necessary for the construction of the project.Normally there is no removal. 8) Intertidal wetland vascular plants shall not be adversely impacted due to project activities(e.g., barge shal I not ground,equipment shall not operate, and other project activities shall not occur in intertidal wetland vascular plants). If such vegetation is adversely impacted, it shall be replaced using proven methodology. 9) Floats shall not ground on surf smelt spawning beds. The pier, ramp,float and associated moorings shall have been designed and shall have been located to avoid shading of eel grass Zostera s JARPA Revision 2012.2 Page 8 of 22 10) Eelgrass and kelp shall not be adversely impacted due to any project activities(e.g.,barge shall not ground, equipment shall not operate,and other project activities shall not occur in eelgrass and kelp). 11)All natural habitat features on the beach larger than 12 inches in diameter, including trees, stumps, logs and large rocks, shall be retained on the beach following construction. These habitat features may be moved during construction if necessary. 12) Project activities shall be conducted to minimize siltation of the beach area and bed. 13)No petroleum products or other deleterious materials shall enter surface waters. 14)Project activities shall not degrade water quality to the detriment of fish life. General Construction and Operating Procedure: 1)Timing of the in-water work,e.g.pile driving will be as specified in Section IV. 2) Where forage fish spawning is documented or reported, additional testing may be requested of WDFW to vary work windows. Site inspection,notification and scheduling will be per WDFW procedures. 3) Work on projects will be accomplished per the submitted and approved drawings and specifications. 4) All manmade debris involved in the construction process will be removed from the site and disposed in approved upland site. 5)All required in-water construction, including pile driving and installation of pier pile caps, will be conducted within the permitted work window. 6)Over-water construction may need to be completed after the in-water work window due to the very limited time frame of the in-water work window. This work may include completion of the pier deck,and installation of ramp, float and any required utilities. Over-water work will be conducted under the following procedures: a) All materials will be moved by hand equipment or small barges that will bring materials to the site but will not be allowed to ground or in any way be detrimental to the site. b) The ramp and float will be constructed at an upland off-site location and installed as modular units. Most of the pier deck and framing materials will be pre-cut off-site. c) All over-water remaining construction completed with hand tools and small relatively quiet power tools, i.e. skill saw, ''V?electric drill,etc. d) Typical construction times to complete a residential dock wi I be 7 to 14 days. 7)All possible precautionary measure will be taken to contain material, material wastes or any other foreign material on project site. 6f. What are the anticipated start and end dates for project construction? (Month/Year) [hell • If the project will be constructed in phases or stages, use JARPA Attachment D to list the start and end dates of each phase or stage Unknown, project is in proposal stage and no construction date has been set. Will notify USACE when scheduling. 6g. Fair market value of the project, including materials, labor, machine rentals, etc. [hh� Unknown, project is in proposal stage. No contractor has been hired, USACE will be notify when information is available. 6h. Will any portion of the project receive federal funding? [help] • If yes, list each agency providing funds. ❑ Yes X No ❑ Don't know JARPA Revision 2012.2 Page 9 of 22 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.) [help] 7a. Describe how the project has been designed to avoid and minimize adverse impacts to wetlands. hel ❑ Not applicable 7b. Will the project impact wetlands? help] ❑ 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? [help] • 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? help] • 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? h[ eM • 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. [heir)] JARPA Revision 2012.2 Page 10 of 22 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. [help] Activity (fill, Wetland Wetland Impact Duration Proposed Wetland drain, excavate, Name' type and area (sq. of impact3 mitigation mitigation area flood, etc.) rating ft. or type (sq. ft. or category' Acres) acres) If no official name for the wetland exists,create a uename uni such as"Wetland 1". The name should be consistent with other q ( ) 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 wetland rating 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. 4 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 and nature of the fill material, the amount in cubic yards that will be used, and how and where it will be placed into the wetland. [help] 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 be disposed. [help] JARPA Revision 2012.2 Page 11 of 22 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.) [help] X 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. hl�I ❑ Not applicable See Habitat Management Plan for details on impact minimization and mitigation, in short: In order to minimize any direct effects on the listed species caused by this project, pile driving should take place during the work window between July 16 and January 14. Additional design parameters and conservation measures will minimize indirect adverse effects of the project. They include: 1. Installation of 100%functional grating in the float. 2. Installation of 100%grating in the ramp. 3. Installation of 50%functional grating in the pier 4. Orientation of floatation so that it does not obstruct the grating. 5. Use of steel pilings instead of ACZA-treated wood pilings. 6. Mitigation: According to the Army Corps of Engineers RGP-6 (February, 2005), 6 mitigation points will be required for this project. (Habitat Category C for joint-use structures). The proposed structure will have an approximate overwater area of 552-ft2. The pier is designed with 100% functional grating or 216 ft2 of pier grating, while it's only required to have 40% functional grating or 87 ft2 of pier grating. The additional 129 ft2 of pier grating will produce the following number of points (129/9)*3points=43 Mitigation Points (MMO#4). Furthermore because this project is located in a Fish and Wildlife Habitat Conservation Area(FWHCA) and within FEMA Floodplain Zone A, a mitigation and monitoring plan is include in addition to the mitigation in dock design described above. The mitigation and monitoring plan involves the removal of non-native and invasive plants and replanting of native vegetation at the project site, and can be seen in Section VI. 81b. Will your project impact a waterbody or the area around a waterbody? [L@jPJ X Yes ❑ No JARPA Revision 2012.2 Page 12 of 22 8c. Have you prepared a mitigation plan to compensate for the project's adverse impacts to non-wetland waterbodies? [help] • 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. X Yes ❑ No ❑ Not applicable See Habitat Management Plan for mitigation and monitoring plan, in short: MITIGATION AND MONITORING PLAN The Federal Emergency Management Agency(FEMA) lists 4 forms of mitigation for construction impacts in the regulatory floodplain; in order of preference,these are avoidance(staying out of the floodplain), minimization (avoiding the most important habitats, in this case the shoreline and riparian buffer zones), restoration(restoring or improving conditions on-site),and compensation(improving habitats outside of the project site)(FEMA 2010). While the current project, by its nature as a shoreline development, cannot avoid the floodplain, it can successfully minimize impact and restore on-site habitat. Like all mitigation, any project that has the potential to impact functions and values of an important aquatic habitat,that project needs to provide for compensation and mitigation. In this project, no values and functions are anticipated to be impacted;however, mitigation is proposed to improve the current conditions on the site. In looking at long term management strategies to maintain the improved conditions, we looked to the Federal Compensatory Mitigation for Losses of Aquatic Resources Final Rule (2008): Compensation for impacts to aquatic resources in coastal watersheds (watersheds that include a tidal water body)should also be located in a coastal watershed where practicable. In general, the required compensatory mitigation should be located within the same watershed as the impact site, and should be located where it is most likely to successfully replace lost functions and services, taking into account such watershed scale features as aquatic habitat diversity, habitat connectivity, relationships to hydrologic sources (including the availability of water rights), trends in land use, ecological benefits, and compatibility with adjacent land uses. When compensating for impacts to marine resources, the location of the compensatory mitigation site should be chosen to replace lost functions and services within the same marine ecological system (e.g., reef complex, littoral drift cell). Compensation for impacts to aquatic resources in coastal watersheds (watersheds that include a tidal water body)should also be located in a coastal watershed where practicable. A. Site Vegetation Existing vegetation on top of bluff adjacent to shoreline: Douglas Fir(Pseudotsuga menziessi), Western Red Cedar(Thuja plicata), Pacific Madrone(Arbutus menziessii), Salal (Gaultheria shallon), Evergreen Huckleberry (Vaccinium ovatum), Dull Oregon Grape(Mahonia nervosa),and Sword Fern(Polystichum munitum).Non- native invasive species include: English Ivy (Hedera helix), Evergreen Blackberry(Rubus laciniatus),and Scotch Broom (Cytisus scorparius). B. Proposed Mitigation Plan Mitigation is required for this site as the proposed structure will be built within a FWCHA and FEMA floodplain zone A. The proposed mitigation is the removal of existing non-native invasive species in the shoreline buffer along the top of the bluff in the southeastern corner of parcel # 12232-10-01100. The plants to be removed are the English Ivy(Hedera helix),Evergreen Blackberry (Rubus laciniatus),and the Scotch Broom (Cytisus scorparius), which are all listed as Class C Weeds on the WA State Noxious Weed List. In addition to removing invasive species, native plants will be installed along the top of the bluff on parcels 12232-10-01100 and 12232- 10-01090 to improve the functions and value of the marine riparian band on this portion of the shoreline. The plant species include:Nootka Rose(Rosa nutkana), Common Snowbenry (Symphoricarpus albus), Oceanspray (Holodiscus discolor), Evergreen Huckleberry (Vaccinium ovatum), Serviceberry (Amelanchier alnifolia), Salal Gaultheria shallon) and Sword Fern Pol stichum munitum . JARPA Revision 2012.2 Page 13 of 22 i The plants selected for this site are all native plants that can tolerate salt spray from a marine environment. They were selected to improve the overall value of the functions in this critical area. Soil stability, nutrient input and wildlife habitat were all important factors. Following is a table showing the plant species and numbers for the planting area. Plants should be selected from a regional native plant nursery. Substitutions to the plants in the list below should be chosen from a list of approved native marine riparian plants. Plant List Quantity Common Name Botanical Name Size Spacing 3 Nootka Rose Rosa nutkana 1 gal 6' 2 Snowberry Symphoricarpus albus 1 gal 6' 3 Ocean Spray Holodiscus discolor 1 gal 6' 3 Evergreen Huckleberry Vaccinium ovatum 1 gal 6' 1 Serviceberry Amelanchier alnifolia 1 gal 6' To be determined at time of planting Salal Gaultheria shallon 3.5" 3'-5' To be determined at time of planting Salal Gaultheria shallon 3.5" 2' 8 Sword Fern Pol stichum munitum 1 gal Random Plants should be installed in late fall or early spring following the construction work. During these times plants are semi-dormant and soils are easier to work. Plants will be laid out by hand generally following the spacing specified on the planting plan map(Figure 12). Photos of the areas targeted for mitigation can be seen in Figures 13-16. The plants will be installed by digging a one to two foot hole, loosening the soil,placing plant in ground after loosening soil around root ball. The hole must be deep enough to ensure that roots are straight, but not so deep as to bury plants too far above the root collar. Once the plant is in place the hole will be backfilled and tamped lightly. Mulch should be applied 3"deep around plants,being careful not to touch stem of plant. No extraordinary measures are proposed at this time to protect the installed plants other than mulching, weeding and watering. Substitutions might be necessary for species or individuals that cannot be found at local nurseries. All plant substitutions will be approved by the project biologist prior to installation to ensure their suitability for the site. C. Performance Standards Performance standards are measurable criteria for determining if the goals and objectives of the mitigation project are being achieved. If the proposed benchmarks are not achieved by comparing the surveys to the mitigation goals,then contingency plans will need to be implemented. Performance Standard# 1 (survival rate): Immediately after planting, all plants will be counted and documented. At the end of each growing season (late Aug- early Sept)plots will be visited and a count of surviving plants will be documented. The percent survival for the plots will be calculated by dividing the total number of plants after planting by the total number of surviving plants at the end of the season. Photo stations for each replanting site will be determined and a photograph of each transplant location will be taken on an annual basis. Individual plants that die must be replaced with native species in order to meet the survival performance standards. Performance Standard#2 (percent cover): The percent cover standard will be monitored by looking at each monitoring unit of the enhanced areas from above and estimating the area covered by the individual species. The percent cover within an area can be quantified as a total greater than 100%because plants(in tree, high/low shrub and herbaceous layers)overlap in cover. Performance Standard #3 (invasive removal): All areas where invasive plants were removed will be surveyed visually and categorized with photo stations. This is to ensure that 0%(none)of the targeted Invasive species(English ivy, English Holly, Morning Glory and Himalayan Blackberry)will be present and have not reestablished within each monitoring year. D. Monitoring Plan An as-built drawing and report will be submitted to Mason County DCD as documentation of the implementation of the approved planting plan within one month of installation. Once approved,the monitoring proposal is to JARPA Revision 2012.2 Page 14 of 22 maintain and monitor the survival of the native plants installed as well as removal of the invasive plants for five years. The plan will include vegetation description and photo documentation from established photo stations. A panoramic photo of the entire mitigation site will also be provided. Monitoring will take place over a period of five years at the end of the growing season (late August or early September)of each monitoring year. The performance standards will be monitored by measuring plots in zones within the planting area that will be established and mapped after planting occurs, on the as-built plan. There will be photo points for each plot and they will be referenced on the as-built plan. Each year the photo points that are established at each site will be used for comparison. Photos will be taken at all points for all years as visual documentation of the performance standards progress,or lack of. In addition to photos at designated points, photos documentation must include a panoramic view of the entire planting area. Submitted photos must be formatted on standard 8 '/2"by I I"paper, dated with the date the photo was taken, and clearly labeled with the direction from which the photo was taken. The photo location points must be identified on an appropriate drawing. Collected data and photos will be compiled into an annual Riparian Planting report each year and submitted to the Mason County DCD by December of each monitoring year for five years. Each annual monitoring report shall include written and photographic documentation on plant mortality and replanting efforts and must document whether the performance standards are being met. Monitoring results will determine whether or not contingency measures will be needed. Performance Standards#1 & 2 Year 1: Achieve 100%survival success of replanted natives into mitigation areas Year 2: Achieve 100%survival success at end of second year into mitigation areas Year 3:Achieve 90%survival success at end of third year into mitigation areas Year 4: Achieve 90%survival success at end of fourth year into mitigation areas Year 5: Achieve 90%survival success at end of fifth year into mitigation areas Performance Standard #3 Year 1: Achieve 100%removal of targeting invasive species from mitigation areas Year 2: Achieve 100%removal of targeting invasive species from mitigation areas Year 3: Achieve 100%removal of targeting invasive species from mitigation areas Year 4: Achieve 100%removal of targeting invasive species from mitigation areas Year 5:Achieve 100%removal of targeting invasive species from mitigation areas E. Maintenance and Contingency Maintenance shall occur at least twice during the growing season to ensure the survival of all native species within the mitigation area, including volunteer natives. Watering by hand or sprinkler may be necessary during year number one until the plants are established. Water requirements will depend on the timing of planting with the seasons and weather conditions. Once plants are established,extra watering may not be necessary. Hand weeding will be necessary around all plants that are being monitored for survival and coverage. If the 90%survival rate is not met by the end of any monitoring year,plants lost to mortality will be replaced to JARPA Revision 2012.2 Page 15 of 22 f achieve the percentage cover performance standard described above. Prior to replacement, an appropriate assessment will be performed to determine if the survival was affected by species/site selection, animal damage, or some other factor. Subsequent contingency actions must be designed to respond directly to the stressor(s), which are increasing mortality of planted native species. If a particular species is shown not to endure site conditions then another, more appropriate species will be selected. If excessive damage is observed, protective measures will be introduced. Monitoring years may be added if significant re-planting becomes necessary. Monitoring on an annual basis for five years will occur with photographs to determine the survival rate of the transplanted area. If 100% success is achieved before reaching the five-year mark, monitoring will continue without extra replanting efforts. Within the five year time period, transplanting will occur on an annual basis to replace any plants that are lost until 100% success is achieved. 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. Ihelal See above, compensatory mitigation to compensate for ecosystem functions. 8e. Summarize impact(s) to each waterbody in the table below. [help] 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 nature of the fill material, amount(in cubic yards) you will use, and how and where it will be placed into the waterbody. [help] JARPA Revision 2012.2 Page 16 of 22 N/A 8g. For all excavating or dredging activities identified in 8e, describe the method for excavating or dredging, type and amount of material you will remove, yp y o e, and where the material will be disposed. [help] N/A 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. [help] Agency Name Contact Name Phone Most Recent Date of Contact 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? [hell • If Yes, list the parameter(s)below. • If you don't know, use Washington Department of Ecology's Water Quality Assessment tools at: hftp://www.ecy.wa.gov/programs/wq/303d/. ❑ Yes X No JARPA Revision 2012.2 Page 17 of 22 9C. What U.S. Geological Survey Hydrological Unit Code (HUC) is the project in? LtLeM • Go to http://cfpub.epa.gov/surf/locate/index.cfm to help identify the HUC. 17110019 9d.What Water'Resource Inventory Area Number(WRIA#) is the project in? [help] • Go to http://www.ecy.wa.gov/services/gis/maps/wria/wria.htm to find the WRIA#. 17 9e. Will the in-water construction work comply with the State of Washington water quality standards for turbidity? [hell)] • Go to http://www.ecy.wa.gov/programs/wq/swas/criteria.htmi for the standards. X Yes ❑ No ❑ Not applicable 9f. If the project is within the jurisdiction of the Shoreline Management Act, what is the local shoreline environment designation? heI • If you don't know,contact the local planning department. • For more information,go to: http://www.ecy.wa.gov/programs/sea/sma/laws rules/173-26/211 designations html. ❑ Rural X Urban ❑ Natural ❑ Aquatic ❑ Conservancy ❑ Other 9g. What is the Washington Department of Natural Resources Water Type? [hell)] • Go to http://www dnr wa gov/BusinessPermits[Topics/ForestPracticesAppIications/Pages/fp watertvping aspx for the Forest Practices Water Typing System. X Shoreline ❑ 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? [hell)] • If No, provide the name of the manual your project is designed to meet. X Yes ❑ No Name of manual: 9L Does the project site have known contaminated sediment? heI ] • If Yes, please describe below. ❑ Yes X No 9j. If you know what the property was used for in the past, describe below. [Leipj Residence/single family home JARPA Revision 2012.2 Page 18 of 22 I 9k. Has a cultural resource (archaeological) survey been performed on the project area? Iheir)l • If Yes, attach it to your JARPA package. ❑ Yes X No JARPA Revision 2012.2 Page 19 of 22 91. Name each species listed under the federal Endangered Species Act that occurs in the vicinity of the project area or might be affected by the proposed work. help) See Habitat Management Plan 9m. 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. [help] See Habitat Management Plan Part 10—SEPA Compliance and Permits Use the resources and checklist below to identify the permits you are applying for. • Online Project Questionnaire at http://apps.ecy.wa.goy/opas/. • Governor's Office for Regulatory Innovation and Assistance at (800) 917-0043 or help(cDora.wa.gov. • For a list of addresses to send your JARPA to, click on agency addresses for completed JARPA. 1 Oa. Compliance with the State Environmental Policy Act (SEPA). (Check all that apply.) [help] • For more information about SEPA, go to www.ecy.wa.gov/programs/sea/seva/e-review.html. ❑ A copy of the SEPA determination or letter of exemption is included with this application. X 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.)[help) ❑ This project is exempt (choose type of exemption below). ❑ Categorical Exemption. Under what section of the SEPA administrative code (WAC) is it exempt? ❑ Other: ❑ SEPA is pre-empted by federal law. JARPA Revision 2012.2 Page 20 of 22 10b. Indicate the permits you are applying for. (Check all that apply.) [ham LOCAL GOVERNMENT Local Government Shoreline permits: X Substantial Development ❑ Conditional Use ❑ Variance ❑ Shoreline Exemption Type (explain): Other City/County permits: ❑ Floodplain Development Permit ❑ Critical Areas Ordinance STATE GOVERNMENT Washington Department of Fish and Wildlife: X 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# 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 with the county auditor, or other proof of current land use.) ❑ Project is a modification of an existing HPA originally applied for, prior to July 10, 2012. HPA# Washington Department of Natural Resources: ❑ Aquatic Use Authorization Complete JARPA Attachment E and submit a check for$25 payable to the Washington Department of Natural Resources. Do not send cash. Washington Department of Ecology: X Section 401 Water Quality Certification FEDERAL GOVERNMENT United States Department of the Army permits (U.S. Army Corps of Engineers): ❑ Section 404 (discharges into waters of the U.S.) X Section 10 (work in navigable waters) United States Coast Guard permits: ❑ Private Aids to Navigation (for non-bridge projects) JARPA Revision 2012.2 Page 21 of 22 Part 11—Authorizing Signatures Signatures are required before submitting the JARPA package. The JARPA package includes the JARPA form, project plans, photos, etc. M!pj 1la.Applicant Signature (required) hel 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 herebye authoriz h e ag nt named in Part 3 of this application to act on my behalf In matters related to this application. (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 enter'enteri= the property where the project is located to inspect the project site or any work related to the project. (initial) - 3 Z7 I Applicant Printed Name ApplicaM 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 agree to start work only after all necessary permits have been issued. Authorized Agent Printed Name A d Agent Signature Date 11 c. Property Owner Signature (if not applicant) h[ eld 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 Signature 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 (4 - 000( 17--1 6 0 C4-I" 1 LIST OF ADJACENT PROPERTY OWNERS' MAIL NG ADDRESSES WITHIN 300 FEET OF YOUR PROPERTY BOUNDARIES FOR PUBLIC HEARING NOTIFICATION Addresses are to be obtained from the Mason County Assessor's Office,Bldg 1, Second Floor Harold& Shirley V list et al 12232-10-91110 (adjoining) H&L Bennett Trust P.O. Box 1516,Allyn, WA 98524 Michael&Bonnie Omura 12232-10-01130 4327 NE 6e To the South Seattle,WA 98115 Margaret&Rodney 12232-10-80010 Graddon P.O. Box 406 Allyn, WA 98524 Robert Eldridge 12232-10-91143 P.O. Box 263 Allyn,WA 98524 David Henry Guiles et al 12232-10-01080 (adjoining) Diane Dorothy Yokoyama 169161 Ave. SE,Bothel, WA 98012 To the North Duane Griffith 12232-10-01070 P.O. Box 1710 Allyn, WA 98524 Richard&Leslie Begert 12232-10-01060 529 1 l'Ave. W,Kirkland, WA 98033 1 Figure 1. Vi lcinih M21p j ' a r . •� / *' - LO - * Project Locationy `, :r 4 !►.., err�r ti= "�`q.f�'f t r .a L4•' `R1 '� •�/; _K.. {�� � -RAJ CORPS REFERRENCE PARCEL IDs OWNER PROPOSED PROJECT: APPLICANT:Peter Orser 1 22 32-1 0-01 1 00 :Peter-Orser Pier,Ramp;and float with Mooting 6500 E Grapeview Loop Road. 6500 E Grapeview Loop Road Buoy Grapeview WA 98546 Grapeview,WA 98546 ADJACElr'T PROPERTY OVVNERS: SITEADDRESS: Sheet of DATE:01123;14 12232-10-01080: 6500 E Grapeview Loop Road. David Henry,Gwles et al. Grapeview,WA 98546 Coordinate System: 16916 1 a Ave SE R'A State Plane South(Ft) Bothell, NKA 98012 In Case Inlet Near:GrapeNie•:, Tidal datum:feet MLLR' County: Mason State:WA Scale:NSA 12232-10-91110: Harold&Shirley, Mist et al. PO BOX 1516 Allyn, %VA 98524 I Figure 2. Parcel Boundaries 6 Legend 71 • t ~ �`' • "" ^ �' * Project Location Jae A- 41f.;-,N�,;j�w 4. tA - o r: 4`•t' ?„"#fs +� ` ?'�► ir CORPS REFERRENCE: PARCEL IDs/OWNER: PROPOSED PROJECT: :1PPLICANT:Peter Orser 12232-10-01100 :Peter Otser Pier,Ramp,and Float with Mooting 6500 E Grapeview Loop Road. 6500 E Grapeview Loop Road. Buoy Grapeview,WA 98546 Grapeview,WA 98546 ADJACENT PROPERTY OWNERS: SITE ADDRESS: Sheet_of DATE: O1/23/14 12232-10-01080: 6500 E Grapeview Loop Road. David Henry,Guiles et al. Grapeview,WA 98546 Coordinate System: 16916 Is'Ave SE WA State Plane South(Ft) Bothell,WA 98012 In:Case Inlet Near:Grapeview, Tidal datum:feet MLLW County:Mason State:WA Scale:N/A 12232-10-91110: Harold&Shirley,Vest et al. PO BOX 1516 Allyn,WA 98524 OMPPOV Z' O F� p DR ����vl�vb ✓ w 1CTOR RD kl 1 ttr i F �GS�v O I 22NF 2W L� Q 0 — `-- — w E MERRILL DR I O ' — �:: z c i Q�S W J►� �-g' ,� l E HARDINGS HILL'RD z Lu i Q �5 t�GRONaJ E DETROIT.DR' I RY, E COUNT E.OAKDALE ST a J lPierce P , P97] w} nl j j z 21 a a I a' N �i ��Oct Ofse - deck w .E 1 inch =2,000 feet 1 inch = 0 miles Wintfli SA y N' �` r . U' W a .. E CRONQUIST RD - t 4 t e f E DETROIT DR - �./►\ '��� » GLAS-FIR LN i, l�ETRY LN .COUN •.} sue'` " -71 " 4 source E--s Di illdl lobe. GeoEye. i-cubed, USD . USGS. E�X. Ge4 apping, erogrid. IGN, IGP. swisstopo. and the GIS User Come urrit�y 1 inch = 500 feet W 1 inch = 0 miles S r-� 5 Y.. +. merit•!�° �. �� ?^ " s , r J .. • H ..ail°...;�M ',, r'1 Googte earth feet 2000 meters 700 �� W 60e� Figure 3. Site Plan PETM A LAURA ORSEA 6510 E. Ro fR ALLYN.WA 9 524 M32 1 k" TN LOCATION OF HELIX SCREW ANCHOR APPROX.220'FROAI.SHORE PETEQ 6 LAURA ORSEA 65M E.6QAPEVT--W LOOP RD ALLr4.WA 9 PROPOSED STRUCTURE 16— LN 1w LL RESIDENCE 4OCt BaKAEAD 75' 50' luor t. 36- 11 ro WR"7--- HAROLD d 5KERLEY%U5T ET AL PC Box 1516 ALLYN WA 98525 122 32-IG-9113o Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 37 le* b c-� 7 Figure 4. Plan View of Proposed Pier, Ramp, and Float TN PIER P ALUM, 4' E�Y 54' 4' DY 4p' B' BY 24'FLOAT. 100%ALU ALU*RAMP, 5076 FUNG1 0WAL 100%6RATEG GRATIMG- L 4 GALV. STEEL PIER PILINGS. STOPS 8"OR 10*DIA_ STOPS 4 6A4 V• STEEL PER 8U -rl4ER FLOAT P�LIh#�� 7CfSTN66TAIH PER BUILDER TO } 54' -34'- 24'El f15' 50, NOTE; THESE PLANS NOT FOR CONSTRUCTION PURPOSES Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 38 N F° MASON COUNTY � STg T o P A 0 c N DEPARTMENT OF COMMUNITY DEVELOPMENT N Planning Division Y n P O Box 279, Shelton, WA 98584 (360)427-9670 ia64 DETERMINATION OF NONSIGNIFICANCE (WAC 197-11-340) SEP2014-00030 Description of Proposal: Install 115 ft. total length joint-use pier ramp float system adjacent to existing shoreline deck: 4 ft. by 54 ft. grated and composite decking wood pier, supported by 4 galy. steel piles; a 4 ft. by 40 ft. fully grated aluminum ramp; and 8 ft. by 24 ft. wood frame 50% grating float , secured by 4 galy. steel piles. Proponent: PETER ORSER Location of Proposal: 6500 E GRAPEVIEW LOOP RD ALLYN Parcel Number: 122321001100 Legal Description: TR 10 OF GOVT LOT 1 & NE NW TAX 132-D Directions to Site: Grapeview Loop Rd. 1 mile south of Allyn; down long drive. 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 7/28/2014. 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. Authorized Local Government Official Date �*� �O& q MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division P.O. Box 279, Shelton,WA 98584 (360) 427-9670 SHR2014-00012 NOTICE OF SHORELINE MANAGEMENT PERMIT. Notice is hereby given that Peter Orser,the owner of the described property below,has filed an application for Shoreline Substantial Development Permit for the development of: Install 115 ft. total length joint-use pier ramp float system adjacent to existing shoreline deck: 4 ft. by 54 ft. grated and composite decking wood pier, supported by 4 galy. steel piles; a 4 ft. by 40 ft. fully grated aluminum ramp; and 8 ft. by 24 ft.wood frame 50% grating float, secured by 4 galy. steel piles. Parcel Number: 12232-10-01100. Site Address: 6500E Grapeview Loop Rd., Grapeview, WA. Location of Project: Along Case Inlet 1.5 miles south of Allyn WA.; within the northeast '/4 Section 32, Township 22 N., Range 1 W. in Mason Co. WA. Said proposed development is subject to shoreline management permit review(M.C.C. 17.50)and associated Mason County Development Regulations standards. Any person desiring to express their view or to be notified of the action taken on the application should notify in writing of their interest to: MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 426 WEST CEDAR ST. SHELTON,WA 98584 The comment period is at least 30 days from the final date of publication given pursuant to WAC 173- 14-020. The final date of publication, posting or mailing of notice is July 3, 2014. A Threshold Determination will be issued the week of July 7,2013 under WAC 197-11-340. Written comments will be accepted up to the date of the Hearings Examiner public hearing Tuesday August 12, 2014; 1:00 PM. in MASON CO. BLDG. 1. [411 No. 5" St., Shelton]. Contact this office at (360)427-9670, ext. 365 for further information. ......... AFFIDAVIT OF POSTING NO TIDE Zv C 0Z (—. STATE OF.WASHINGTON ) COUNTY OF MASON ) 1,. do herebycertify that 1 posted �- copies of the attached 1� v��� `►�-C/l on r�Z day of 20_Lq in public places as follows: one at 5aa t one at one at 2� In witness whereof, the party has signed this Affidavit of Posting Notice this day of 0 �--1 Address. � ,�!' �f S W4 STATE OF WASHINGTON ) ss. COUNTY OF MASON ) Subscribed and sworn to me this eda' y of �� }-20 LDEBBERA y Public Washington COKERota ubiic forthe State of Washington SSION EXPIRES15/2014 - Residing at 8c,"5�6 Commission Expires 61 Agreement Regarding.Point Use Over Rater Structure Effective Date: March 6,2014 This agreement regarding a joint-use pier,ramp,and float structure is made as of the date shown above between Peter Orser,the owner of the property commonly known as 6500 Grapeview loop Road more particularly described in Exhibit A attached hereto.and Peter Orser the owner of the property commonly known as 6510 Grapeview loop Road,more particularly described in Exhibit B attached hereto.Both properties are shown on the attached plat map,Exhibit C attached hereto. Whereas,the owners of 6500 Grapeview Loop Road have commenced with plans for the construction of a joint-use pier,ramp and float structure to be located on 6500 Grapeview Loop Road. Whereas,the owners wish to enter into an agreement to provide for the use,access,maintenance,costs and such other matters concerning the joint-me pier,ramp and float structure. Now,therefore,in consideration of the mutual benefits to be derived here from,the parties covenant and agree as follows: 1.Joint Use Restriction: The current and future owners of 6510 Grapeview Loop Road(hereinafter referred to as the Joint Use Owners)voluntarily agree to build no additional over water structures on 6510 Grapeview Loop Road except for the maintenance or modification of the joint-use pier, ramp,and float structure located on 6500 Grapeview Loop Road. 2.Joint Use Construction:'The current and future Joint Use Owners agree to and recognize the requirements for construction,use and mitigation requirements associated with the joint-use pier,ramp and float structure located on 6500 Grapeview Loop Road. 3.Access Rights:The current and future Joint Use Owners hereby convey and warrant to the current owners and future owners of the affected parcels an access easement over and across the affected parcels as is reasonable and desirable to gain ingress and egress to the joint-use pier,ramp,and float structure. 4_ Binding Effect.This agreement shall be binding upon and inure to the benefit of the current and future Joint Use Owners,their heirs,successors and assigns of the affected parcels,and all covenants contained herein shall run with the land and this joint-use agreement shal l be recorded on the deed or / title for each parcel. 5.This agreement may not be amended without the written permission of all governmental agencies (in particular,the U.S.Army Corps of Engineers,Seattle District.Regulatory Branch)having Jurisdiction over the joint-use pier,ramp,and float structure_ SO AGREED, Current Owner of 6500 Grapeview Loop Road Tax# Print Name Signature Date Current Owner of 6500 Grapevew Loop Road Tax# `�E {I J•. C.QL Pont Signature Date ATTACHMENTS: Exhibit A: Legal description of 6500 Grapeview Loop Road Exhibit B: Legal description of 6510 Grapeview Loop Road Exhibit C: Map of 6500 Grapeview Loop Road and 6510 GrapeNicw Loop Road �2 s U� � O s S SSNLV Orser Pier, Ramp, and Float Project Habitat Management Plan & Biological Evaluation Parcel # 1 2232- 1 0-0 1 1 00, Mason County January 23rd, 2014 For: Peter Orser 6500 E. Grapeview Loop Rd. Grapeview, WA 98546 Prepared by: Marine Surveys&Assessments Office: 627 Hudson St. Mailing: 521 Snagstead Way. Port Townsend,WA 98368 Phone: (360) 385-4073 Email: marine.surveys.inc@gmail.com s s 1,A Orser Pier, Ramp, and Float Project Habitat Management Plan Parcel # 12232-10-01100, Mason County January 2 3 rd, 2014 For: Peter Orser 6500 E. Grapeview Loop Rd. Grapeview, WA 98546 Prepared by: Marine Surveys&Assessments Office: 627 Hudson St. Mailing: 521 Snagstead Way. Port Townsend,WA 98368 Phone: (360) 385-4073 Email: marine.surveys.inc@gmail.com Table of Contents I. Project Information.............................................................................4 A. Project Location...............................................................................4 B. Project Description.......................................................................4-7 C. Action Area....................................:.................................................7 II. Habitat and Species Information........................................................7 A. Habitat Description..........................................................................7 B. Species Description......................................................................7-8 1. Puget Sound Chinook............................................................8-9 2. Bull Trout...................................................................................9 4. Puget Sound Steelhead...............................................................9 5. Rockfish...................................................................................10 6. Marbled Murrelets ...................................................................10 7. Forage Fish...............................................................................10 8. Humpback Whales...................................................................11 9. Leatherback Sea Turtle............................................................I I 10. Southern Resident Killer Whales.............................................I I C. Survey Results ......................................................................... 11-19 III.Effects Analysis of Proposed Development......................................20 A. Direct Effects...........................................................................20-21 B. Indirect Effects.........................................................................21-23 C. Interrelated/Interdependent Effects................................................23 D. Take Analysis.................................................................................23 IV.Mitigation and Management Measures to Minimize or Avoid impacts...........................................................24 V. Determination of Effect.....................................................................25 VI.Mitigation and Monitoring Plan................................................26-31 References...........................................................................................32-34 Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 2 List of Figures and Attachments Figure Number Page 1. Vicinity Map........................................................................................35 2. Parcel Boundaries ................................................................................36 3. Site Plan...............................................................................................37 4. Plan View of Proposed Pier, Ramp, and Float.....................................38 5. Aerial View of Project Location..........................................................39 6. Aerial View of Project Location..........................................................40 7. Surf Smelt Spawning Habitat at Project Location...............................41 8. Orser Habitat Survey Map...................................................................42 9-11. Site Pictures................................................................................43-45 12. Proposed Mitigation Planting Plan ......................................................46 13-16. Mitigation Targets and Planting Areas.....................................47-49 Attachment Number Page 1. Assessment of Impacts to Critical Habitat for Puget Sound Chinook and Puget Sound Steelhead..................50-51 2. Assessment of Impacts to Critical Habitat for Coastal—Puget Sound Bull Trout............................................52-54 3. Assessment of Impacts to Critical Habitat for Georgia Basin Rockfish ...........................................................55-59 4. Assessment of Impacts to Critical Habitat for Southern Resident Killer Whale...............................................60-61 Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 3 ORSER HABITAT MANAGEMENT PLAN The proponents are proposing to build a joint-use pier,ramp and float overwater structure as well as install a mooring buoy along the shoreline of Case Inlet. A Habitat Management Plan (HMP) report is required for this project as it is situated in a Fish and Wildlife Habitat Conservation Area(FWHCA) and within FEMA Floodplain Zone A. Therefore this HMP will discuss the potential impacts to the FWHCA and propose appropriate mitigation which would provide protection to the action area. I. PROJECT DESCRIPTION A. Project location: Parcel# 12232-10-01100 Section 32, Township 22N, Range 01 W. 6500 E Grapeview Loop Rd Allyn-Grapeview, WA 98546 Latitude: 47' 21.477'N, 122'49.636'W See Figure 1 for project location. B.Project Description: The proposed project involves the construction of a joint-use new pier, ramp and float (PRF) structure as well as mooring buoy at the Orser property on Case Inlet in the South Puget Sound Basin (Figures 1-6). The structure will be 115'in total length and be oriented at 75' magnetic north (see Figure 3). The PRF structure will be composed of a 4'x 54' pier with 50% fiberglass grated surface and 50% composite decking, a 4'x 40' 100% grated aluminum ramp, and an 8'x24' float with 50% fiberglass grated surface and composite decking. The structure is supported by (4) 8" diameter galvanized steel piling associated with the pier section and (4) 8" diameter galvanized steel pilling to secure the float in place. Total constructed length is 115', with 110' of overwater coverage (see Figure 4). Float piling will be equipped with (2) 8" stub piling as float stops to prevent grounding. The mooring buoy will be secured by helix screw anchors approximately 330' from the bulkhead along T 1 transect(see Figure 8) at a depth of- 7.7. General Marine Water Residential Dock Design Guidelines: 1) Residential recreational dock will be designed as follows: a) A pier width of 4 feet with at least 40% functional grating with 60% open area. b) Pier support piling to be spaced with maximum span or spacing between support pilings. A spacing of 20 feet is considered optimal. Steel pilings are 8" to 10" in diameter. c) Ramp widths will be a maximum of 4 feet and fully grated. Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 4 d) A float width no greater than 8'with functional grating installed on 50 percent of the surface area e) Float structure length will be no greater than 60 feet. 2) No portion of the dock or float system shall ground or rest on the beach. Pile blocks or stops will be used to maintain a minimum of 12 inches between the bottom of the dock or float and the beach grade. 3) Flotation for the structure shall be fully enclosed and contained in a rigid shell that prevents breakup of loss of the flotation material into the water and is not readily subject to damage by ultraviolet radiation and abrasion caused by rubbing against dock fixtures or waterborne debris. Flotation material shall not be constructed of shrink-wrap type plastic, or spray-on foam-type shell. Flotation material may be contained by the following material: concrete, polyethylene shells or rubber tires. 4) For floats and piers that are designated to be constructed of treated wood, the specification is for ACZA treated Douglas fir. 5) If ACZA pilings are used then the wood shall have undergone one or more of the following BMPs to minimize leaching of contaminants into the.water or the bed(note: see amendment to Best Management Practices (BMPs)for the Use of Treated Wood in Aquatic Environments, BMP Amendment#1, April 17,2002): a) Aqua-Ammonia Steaming Cycle (AASC); b)Post Treatment Kiln Drying; c) Minimum Plant Holding Time ("MPHT"). In addition to recommendations for the ACZA BMPS-Amendment#1 for"MPHT" treatment, all ACZA treated wood shall be held under cover a minimum of 3 weeks at a constant temperature that meets, or exceeds 60' F. If the ambient temperature is less than 60' F, then ACZA treated wood must undergo the Post Treatment Kiln Drying, noted above. d) In-Retort Ammonia Removal Plus Plan Holding Time (MPHT), as conditioned in previous section (c), but held under cover, for a minimum of 1-week, at a constant temperature that meets or exceeds 600 F. e) ACZA wood treatment methods shall be verified by providing a signed and dated certification from a third party. 6) In cases where steel piling is specified, the piling may be coated with an epoxy coating or hot-dip galvanized. 7) Removal or destruction of overhanging bankline vegetation shall be limited to that necessary for the construction of the project. Normally there is no removal. 8) Intertidal wetland vascular plants shall not be adversely impacted due to project activities (e.g., barge shall not ground, equipment shall not operate, and other project activities shall not occur in intertidal wetland vascular plants). If such vegetation is adversely impacted, it shall be replaced using proven methodology. Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 5 9) Floats shall not ground on surf smelt spawning beds. The pier,ramp, float and associated moorings shall have been designed and shall have been located to avoid shading of eelgrass (Zostera spp.). 10) Eelgrass and kelp shall not be adversely impacted due to any project activities (e.g., barge shall not ground, equipment shall not operate, and other project activities shall not occur in eelgrass and kelp). 11) All natural habitat features on the beach larger than 12 inches in diameter, including trees, stumps, logs and large rocks, shall be retained on the beach following construction. These habitat features may be moved during construction if necessary. 12) Project activities shall be conducted to minimize siltation of the beach area and bed. 13) No petroleum products or other deleterious materials shall enter surface waters. 14)Project activities shall not degrade water quality to the detriment of fish life. General Construction and Operating Procedure: 1) Timing of the in-water work, e.g. pile driving will be as specified in Section IV. 2)Where forage fish spawning is documented or reported, additional testing may be requested of WDFW to vary work windows. Site inspection, notification and scheduling will be per WDFW procedures. 3)Work on projects will be accomplished per the submitted and approved drawings and specifications. 4) All manmade debris involved in the construction process will be removed from the site and disposed in approved upland site. 5) All required in-water construction, including pile driving and installation of pier pile caps, will be conducted within the permitted work window. 6) Over-water construction may need to be completed after the in-water work window due to the very limited time frame of the in-water work window. This work may include completion of the pier deck, and installation of ramp, float and any required utilities. Over-water work will be conducted under the following procedures: a) All materials will be moved by hand equipment or small barges that will bring materials to the site but will not be allowed to ground or in any way be detrimental to the site. b) The ramp and float will be constructed at an upland off-site location and installed as modular units. Most of the pier deck and framing materials will be pre-cut off- site. c) All over-water remaining construction completed with hand tools and small relatively quiet power tools, i.e. skill saw, '/2" electric drill, etc. d) Typical construction times to complete a residential dock will be 7 to 14 days. 7) All possible precautionary measure will be taken to contain material, material wastes or any Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 6 other foreign material on project site. C.Action Area: The action area should include the area within a one-mile radius of the project location. This area includes potential turbidity effects from pile driving (25' around each piling), as well as noise effects on species in the area. The action area should include an area for boat usage. Obviously, defining such an area is somewhat arbitrary, because no one can anticipate the extent of boat usage around this PRF. However, for the purpose of this habitat management plan, the action area for boat usage will be defined as one mile from the PRF in all waterward directions, even though boat usage may extend beyond this area. II. HABITAT AND SPECIES INFORMATION A. Habitat description This site is described as residential parcel. The site is located on the shoreline of Case Inlet with Grapeview Loop Rd to the west and other residential parcels to the north and south (see Figures 5 and 6). The habitat in this area is relatively intact with a single family residence and. Priority habitat types occurring in and near the project area are marine intertidal and estuarine areas (WDFW 2011). This area is located within WRIA 14. Please see Figures 9-11 for pictures of this site. B. Species description Priority listed species located within the vicinity of the project and action area includes Surf Smelt and Bald Eagles (WDFW 2011). Within WRIA 14 Winter Steelhead is present and federally listed as a threaten species (Salmon Conservation Reporting Engine—SCoRE). Near the project area, the Puget Sound chinook(Oncorhynchus tshawytscha) is listed under the Endangered Species Act as a threatened species according to the National Marine Fisheries Service (NMFS)(Federal Register/Vol. 64, No. 56/March 24, 1999/Rules and Regulations). On May 11, 2007. NMFS also listed the Puget Sound steelhead(Oncorhynchus mykiss) as a threatened species under the ESA (Federal Register/Vol. 72, No. 91 /Friday,May 11, 2007/ Rules and Regulations). On September 2, 2005, NMFS issued the final rule designating critical habitat for 12 Evolutionarily Significant Units (ESUs) of West Coast salmon, including the Puget Sound Chinook Salmon ESU and the Hood Canal Summer-run Chum ESU. The project site is in an area designated as critical habitat for the Puget Sound Chinook ESU (Federal Register/Vol 70, No.170/Friday, September 2, 2005 /Rules and Regulations). Bull trout (Salvelinus confluentus) were listed as threatened by the United States Fish and Wildlife Service (USFWS) in October of 1999. The project site is not located on a shoreline designated as critical habitat for Coastal-Puget Sound bull trout(Federal Register/Vol. 70, No. 185 /September 26, 2005 /Rules and Regulations). On April 27, 2010, NOAA listed the distinct population segments (DPSs) of yelloweye and Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 7 canary rockfish as threatened species under the Endangered Species Act(ESA) and listed the Georgia Basin DPS of bocaccio as endangered(Federal Register/Vol. 75, No. 81 /April 28, 2010 0 0/Final Rule). The Georgia Basin refers to all of Puget Sound, including the area around the San Juan Islands, and the Strait of Georgia north to the mouth of the Campbell River in British Columbia. The western boundary of the Georgia Basin runs from east of-Port Angeles to Victoria in the Strait of Juan de Fuca. On November 15, 2005 NMFS listed the Southern Resident killer whale (Orcinus orca) as endangered under ESA (Federal Register/Vol. 70, No. 222/November 18, 2005 /Rules and Regulations). NOAA Fisheries has designated critical habitat for killer whales (Federal Register/ Vol. 71, No. 229/November 29, 2006/Final Rule). "Critical habitat includes waters deeper than 20'relative to a contiguous shoreline delimited by the line of extreme high water. The project site is not located in the critical habitat for the Southern Resident killer whale. NMFS also listed both the humpback whale (Megaptera novaeangliae) and the Pacific leatherback turtle (Dermochelys coriacea) as endangered species that may occur in Puget Sound. Marbled murrelets (Brachyramphus marmoratus) have also been listed as threatened by the USFWS since 1992. There is no marbled murrelet designated critical habitat near the project site (Federal Register/ Vol. 61, No. 102/ 1996). There is no designated critical habitat for Steller sea lions or leatherback sea turtles in Washington and no designated critical habitat for humpback whales at this time. 1.Puget Sound Chinook: Puget Sound chinook, also called the king salmon, are distinguished from all other Pacific salmon by their large size. Most chinook in the Puget Sound are "ocean-type" and migrate to the marine environment during their first year (Myers et al. 1998). They may enter estuaries immediately after emergence as fry from March to May at a length of 40 mm, or they may enter the estuaries as fingerling smolts during May and June of their first year at a length of 60-80 mm. (Healey 1982). Chinook fry in Washington estuaries feed on emergent insects and epibenthic crustaceans (gammarid amphipods, mysids, and cumaceans). As they grow and move into neritic habitats, they feed on decapod larvae, larval and juvenile fish, drift insects, and euphausiids (Simenstad et al. 1982). These ocean-type chinook use estuaries as rearing areas and are the most dependent of all salmon species on estuaries for survival. The project site is located in WRIA 14. According to the Washington State Conservation Commission (2002): Excluding Skookum Creek the total turns observed in WRIA 14 ranged from 3 to 121 with an average of 44 fish between the years of 1986 and 2001. This project is located near Sherwood Creek(approximately 1.2 miles north of the project location), which is one of the creeks with highest utilization by Chinook salmon in WRIA 14. Due to several reasons (can be found in WRIA 14 report by WSCC 2002) the South Sound Tributaries Chinook stock is not rated. Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 8 According to WDFW priority habitat and species maps, no Puget Sound Chinooks are present near the project site or the action area. However the project and action areas are within Puget Sound Chinook critical habitat(WDFW 2013). Please see attachment 1 for an assessment of impacts of this project to Puget Sound Chinook critical habitat. 2. Bull Trout: Coastal-Puget Sound bull trout have ranged geographically from northern California(at present they are extinct in California) to the Bering Sea coast of Alaska, and northwest along the Pacific Rim to northern Japan and Korea. Bull trout are members of the char subgroup of the salmon family. Spawning occurs typically from August to November in streams and migration to the open sea(for anadromous populations) takes place in the spring. Eggs and juveniles require extremely cold water for survival. Temperatures in excess of about 15 degrees C are thought to limit bull trout distribution (Rieman and McIntyre 1993). They live both in fresh and marine waters. Some migrate to larger rivers (fluvial), lakes (adfluvial), or saltwater(anadromous) before returning to smaller streams to spawn. Others (resident bull trout) complete all of their life in the streams where they were reared. Habitat degradation, dams and diversions, and predation by non-native fish threaten the Coastal-Puget Sound population. The Coastal-Puget Sound bull trout population is thought to contain the only anadromous forms of bull trout in the contiguous United States (Federal Register/Vol. 64, No. 210/ 1999). According to the Washington State Conservation Commission (2002): Bull trout are not known to be present in WRIA 14. Bull trout are typically found in snowmelt-dominated streams that maintain cold water temperatures year- round. The rainfall-dominated streams of WRIA 14 do not provide this type of habitat. Although it is possible for bull trout to be present in Case Inlet, according to WDFW priority habitat and species maps, no Coastal-Puget Sound bull trout are present near the project site or the action area. However the project and action areas are within Bull Trout critical habitat (WDFW 2013). Please see attachment 2 for an assessment of impacts of this project to Bull Trout critical habitat. 3.Puget Sound Steelhead: Steelhead is the name given to the anadromous form of the species O. mykiss. The freshwater residents are called Rainbow trout. Steelhead can return to the ocean after spawning and migrate to freshwater to spawn again, unlike Pacific salmon. Steelhead fry can spend one to two years in freshwater before heading to the open ocean, where they may stay for two to four years before returning to Washington streams. According to the Washington State Conservation Commission (2002): Within WRIA 14, the stock status was characterized as "unknown'by WDFW in 1992 because the escapement was not monitored. The status remains "unknown' throughout WRIA 14 and hatchery smolt plants no longer occur. According to WDFW priority habitat and species maps, no Puget Sound Steelheads are present near the project site or the action area. However the project and action areas are within Puget Sound Steelhead critical habitat(WDFW 2013). Please see attachment 1 for an assessment of impacts of this project to Puget Sound Steelhead critical habitat. Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 9 4. Rockfish: Bocaccio rockfish are found more often in South Puget Sound, whereas Yelloweye are more prevalent in North Puget Sound. All three species of rockfish remain close to the surface as larvae and pelagic juveniles. As juveniles they settle to benthic environment. They prefer to settle in rocky reefs,kelp beds,low rock and cobble areas (Love et al. 2002). Yelloweye juveniles are also found in sponge gardens. As the three species grow larger they move into deeper waters. Adults are found around rocky reefs and coarse habitats. Yelloweye rockfish are commonly found at depths from 300'to 590'. Canary rockfish usually habitat the area between 160' to 820' and Bocaccio rockfish are usually found between 160' and 820'. All three species are opportunistic feeders, with their prey dependent on their life stage. Predators of the adults of these species include P g marine mammals, salmon, other rockfish, lingcod and sharks (Love et al. 2002). NOAA has listed the distinct population segments (DPSs) of Yelloweye and canary rockfish as threatened species under the Endangered Species Act (ESA) and listed the Georgia Basin DPS of Bocaccio as endangered (Federal Register/Vol. 75,No. 81 /Wednesday, April 28, 2010/Rules and Regulations.). The Georgia Basin refers to all of Puget Sound, including the area around the San Juan Islands, and the Strait of Georgia north to the mouth of the Campbell River in British Columbia. This project site is located in NOAA's recently proposed shallow water critical habitat for juvenile Bocaccio and canary rockfish (Federal Register/Vol. 78, No. 15l/Tuesday, August 6, 2013/Proposed Rules). Please see attachment Mor an assessment of impacts of this project to the proposed shallow water critical habitat of Georgia Basin Rockfish. The effects of this project on adult rockfish are expected to be minimal, if they occur at all, because adult rockfish are commonly found in much'deeper water than exists at the project site. If juvenile or pelagic rockfish are present, the direct and indirect effects of this project are expected to be similar to those discussed in this document for salmon because juveniles are found closer to shore in shallow waters. 5.Marbled Murrelets: Marbled murrelets are small marine birds in the alcidae family. They spend most of their time at sea and only use old growth areas for nesting. In the critical nesting areas, fragmentation and loss of old growth forest has a significant impact on the survival and conservation of the species (WDW 1993). Adult birds are found within or adjacent to the marine environment where they dive for sand lance, sea perch, Pacific herring, surf smelt, other small schooling fish and invertebrates. According the WDFW PHS maps, there is no critical habitat within close range of the project and there are no nests close to the project site. 6.Forage Fish: Migrating salmon utilize baitfish such as Pacific herring (Clupea harengus pallasi), sand lance (Ammodytes hexapterus) and surf smelt (Hypomesus pretiosus) as prey resources. These forage fish form a very important trophic link between plankton resources and a wide variety of predatory marine organisms as well as providing food for marbled murrelets and bald eagles. WDFW priority species and habitats maps indicate the occurrence of Surf Smelt near the project site and action area, the activities associated with the proposed project has the potential to impact this forage fish habitat. Suggestions for minimizing and mitigating for such impacts are listed in Section IV. Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 10 7.Humpback Whales: Due to excessive whaling practices in the past, humpback whales are rarely seen in Puget Sound, even though in the past they were much more prevalent (Angell and Balcomb 1982). According to Osborne et al. (1988), there were only three sightings of humpback whales in Puget Sound from 1976 to 1988. However, more recently, a juvenile humpback whale was sighted near Johnson Point(NE of Olympia), with several fresh injuries (Orca Network Sighting Report-July 10, 2006). Another sighting was made in Dalco Passage between Gig Harbor and Pt. Defiance on June 23, 2011 (Orca Network Sighting Report). Due to the location of the project site being in the near shore, no Humpback Whales are expected to be impacted. 8. Leatherback Sea Turtle: There is no breeding habitat for these sea turtles in Washington, even though they are occasionally seen along the coast (Bowlby et al. 1994). They are rarely seen in Puget Sound(McAllister, pers. comm.). Again, it seems highly unlikely that these turtles would be found in Case Inlet or the action area. 9. Southern Resident Killer Whales: The Southern Resident population consists of three pods: J, K and L. According to Wiles (2004), "While in inland waters during warmer months, all of the pods concentrate their activity in Haro Strait, Boundary Passage, the Southern Gulf Islands, the eastern end of the Strait of Juan de Fuca and several localities in the southern Georgia Strait."During early autumn, these pods, especially J pod, extend their movements into Puget Sound to take advantage of the chum and chinook salmon runs. Resident killer whales spend more time in deeper water and only occasionally enter water less than 5 meters deep (Baird 2001). According to information provided by NMFS, Southern Resident killer whale critical habitat is present in Case Inlet and the action area(http://www.nmfs.noaa.gov/pr/pdfs/criticalhabitat/killerwhale_sr.pdf). Similar to the Humpback Whales, due to the location of the project site being in the nearshore, no Killer Whales are expected to be impacted. The project and action area is in the critical habitat for Southern Resident Killer Whales. Please see attachment 4 for an assessment of impacts of this project to the critical habitat of Southern Resident Killer Whales. C. Survey Results: A SCUBA survey was done September 27 2013, a windy and cloudy day with intermittent sunny breaks, from approximately 10:00 AM to 1:00 PM at the project site. Amy Leitman and David Campbell used SCUBA to run 6 transects to identify flora, fauna, substrate types and other qualitative information relative to the pier, ramp and float, as well as four transects for the mooring buoy proposed in this project. Water visibility was approximately 15' to 20'. The six transects (T1-T6) were all parallel and oriented approximately at the same orientation as the property line. These transects ran east to west and were generally oriented 75' Magnetic North. The transects were arranged from north to south (T1 to T6) and were generally separate from each other by 1Oft with the exception of T1 and T6 which were separated from T2 and T5 by 15ft respectively. The four mooring buoy transects (B 1-B4) extended waterward from T1, were approximately 100'in length and oriented in a cross shape with the location of the proposed mooring buoy in the middle The attached habitat survey map (Figure 8.) shows the location of each transect and our findings. Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 11 i Macroalgae and Substrate T1 Distance in feet along Tidal Fauna and Flora transect from beginning Elevation g g Substrate and Other (estimated percent of (Bulkhead) (Corrected to Features Noted area covered/square MLLW in meter) Bearing 75' feet) 0 10.3 Cobble Barren 13 9.8 Sa me Same 25 9.3 Same Same 35 8.3 Cobble, Pea Gravel, Same, Barnacles 50 7.3 Same Same, Periwinkles 60 6.3 Cobble, Pea Gravel, Shell Same 62 5.3 Same Same 65 4.3 Same Same 80 3.3 Same Same 90 2.3 Same Same 100 1.3 Same Mastoc us 5% 120 -0.7 Same Same Cobble, Pea Gravel, 127 -1.7 Rock Same 135 -2 7 Cobble, Pea Gravel, Same Rock&Boulder 145 -3.7 Same Same 155 -4.7 Same Same Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 12 T2 Distance in feet along Tidal Fauna and Flora transect from beginning Elevation g g Substrate and Other (estimated percent of (Bulkhead) (Corrected to Features Noted area covered/square Bearing 75° MLLW infeet) meter) 0 10.7 Cobble Barren 15 10.5 Same Same 25 9.7 Same Same 35 8.7 Cobble, Pea Gravel Same, Barnacles 48 7.7 Same Same, Periwinkles 60 6.7 Cobble, Pea Gravel, Shell Same 62 5.7 Same Same 65 4.7 Same Same 80 3.7 Same Same 90 2.7 Same Same 100 1.7 Same Mastoc us 5% 120 -0.3 Same Same 127 -1.3 Cobble, Pea Gravel, Same Rock 135 -2 3 Cobble, Pea Gravel, Same Rock& Boulder 145 -3.3 Same Same 155 -4.3 Same Same Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 13 T3 Distance in feet along Tidal Fauna and Flora transect from beginning Elevation Substrate and Other (Bulkhead) (Corrected (estimated percent of to MLLW in Features Noted area covered/square Bearing 75' feet) meter) 0 10.9 Cobble, Pea Gravel Barren 5 10.4 Same Same 15 9.9 Same Same Same, Barnacles, 25 8.9 Same Periwinkles 35 7.9 Same Same 50 6.9 Cobble, Pea Gravel, Shell Same 55 5.9 Same Same 65 4.9 Same Same 75 3.9 Same Same 80 2.9 Same Mastoc us 5% 90 1.9 Same Mastoc us 5% 100 -0.1 Same Mastocarpus, Piaster Seastar Cobble, Pea Gravel, Oysters, Barnacles 113 -1.1 Rock Periwinkles 120 -2 1 Cobble, Pea Gravel, Same Sand, Shell hash 130 -3.1 Same Same 140 -4.1 Same Same Same, Barnacles, 150 -5.1 Same Piaster Seastar Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 14 T4 Distance in feet along Tidal Fauna and Flora transect from beginning Elevation Substrate and Other (Bulkhead) (Corrected (estimated percent of to MLLW in Features Noted area covered/square Bearing 75' feet) meter) 0 11.1 Cobble Barren 12 10.1 Same Same 20 9.1 Same Same 33 8.1 Cobble, Pea Gravel, Same, Barnacles, Periwinkles 40 7.1 Same Same 50 6.1 Cobble, Pea Gravel, shell Same 60 5.1 Same Same 70 4.1 Same Same 80 3.1 Same Same 87 2.1 Same Same 94 1.1 Same Mastoc us 5% 100 0.1 Oyster Bags, cobble, Pea Same Gravel Cobble, Pea Gravel, 112 -0.9 Rock Periwinkles,barnacles 120 -1.9 Cobble, Pea Gravel, Same Rock& Boulder 130 -2 9 Cobble, Pea Gravel, Same Rock, Sand 140 -3.9 Oster Bags, Cobble Same Oyster bags, Cobble, Same, Barnacles, 150 -4.9 Boulder Piaster Seastar T5 Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 15 Distance in feet along Tidal Fauna and Flora transect from beginning Elevation Substrate and Other (estimated percent of (Bulkhead) (Corrected Features Noted area covered/square to MLLW in meter) Bearing 75' feet) 0 11.3 Cobble Barren 13 10.3 cobble Same 22 9.3 cobble Same 34 8.3 Cobble, Pea Gravel, Same, Barnacles,Periwinkles 40 7.3 Same Same 50 6.3 Cobble, Pea Gravel, Shell Same 60 5.3 Same Same 70 4.3 Same Same 80 3.3 Same Same 87 2.3 Same Same 94 1.3 Same Mastoc us 5% 100 0.3 Oyster Bags, Cobble, Pea Same Gravel Cobble, Pea Gravel, Same, Periwinkles, 112 -0.7 Rock Barnacles 120 -1 7 Cobble, Pea Gravel, Same Rock& Boulder 130 _2.7 Cobble, Pea Gravel, Same Rock 140 -3.7 Oster Bags, Cobble Same Same, Barnacles, 150 -4.7 Same Pisaster Seastar Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 16 T6 Distance in feet along Tidal Fauna and Flora transect from beginning Elevation Substrate and Other (Bulkhead) (Corrected (estimated percent of to MLLW in Features Noted area covered/square Bearing 75' feet) meter) 0 11.4 Cobble Barren 10 10.4 Same Same 20 9.4 Same Same 32 8.4 Cobble, Pea Gravel Same Same, Barnacles, 40 7.4 Same Periwinkles 50 6.4 Cobble, Pea Gravel, Shell Same 60 5.4 Same Same 70 4.4 Same Same 80 3.4 Same Same 85 2.4 Same Same 92 1.4 Same Mastoc us 3% Oyster Bags, Cobble, 100 0.4 Same Pea Gravel Cobble, Pea Gravel, Same, Periwinkles, 110 -0.6 Rock Barnacles 120 -1.6 Same Same 130 -2.6 Same Same 140 -3.6 Oster Bags, Cobble Same Barnacles, 150 -4.6 Same Pisaster Seastar Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 17 Mooring Buoy Transects 10' from Northern Property line,as far as possible from entrance to cove,out from T1 + 20' MB1 (Eastward) Distance in feet along Tidal Fauna and Flora transect from beginning Elevation Substrate and Other (estimated percent of (120'of T1) (Corrected to MLLW.in Features Noted area covered/square Bearing 75° feet) meter) 0 -0.7 Cobble, Rock, Shell Mastocarpus 5%, Hash, Sand Cancer gracilis 65 -3.7 Same 20% Ulva 80 -6.7 Sand Same 100 -7.7 Sand Same MB2 (continuing east) Distance in feet along Tidal Fauna and Flora transect from beginning Elevation (Location of Proposed (Corrected to Substrate and Other (estimated percent of Mooring Buoy) MLLW in Features Noted area covered/square Bearing 75° feet) meter) 0 -7.7 Sand 20% Ulva 30 -9.7 Sand/Mud Barren 60 -12.7 Sand/Mud Same 100 -15.7 Sand/Mud, Diatoms Same 120 -17.7 Same Same Marine Surveys &Assessments Habitat Management Plan: Orser PRF Project Pg. 18 MB 3 (southward) Distance in feet along transect from beginning Tidal Fauna and Flora (Location of Proposed Elevation Substrate and Other MooringBuoy) Bearing (Corrected to (estimated percent of MLLW in Features Noted area covered/square 165° meter) feet) 0 -7.7 Sand/Mud,Diatoms 20% Ulva 30 -9.7 Same Barren 60 -10.7 Same Same 100 -12.7 Same Same MB 4 (Northward) Distance in feet along transect from beginning Tidal Fauna and Flora (Location of Proposed Elevation Mooring Buoy) (Corrected to Substrate and Other (estimated percent of MLLW in Features Noted area covered/square Bearing 345° feet) meter) 0 -7.7 Sand/Mud, Diatoms 30% Ulva 30 -10.7 Same 25% Ulva 60 -12.7 Same Same 100 -14.7 Same Same Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 19 III. EFFECTS ANALYSIS OF PROPOSED DEVELOPMENT A. Direct Effects: The status of each of the listed species in the action area has been provided. The proposed project has been described and the action area defined. A habitat survey has been provided. When reviewing all the data, the potential direct and indirect effects of the proposed action,on the listed species and their critical habitat should be considered. Pile driving noise: Feist et al. (1992) reported that salmonids could be expected to hear pile driving noise approximately 2,000'from the source. Based on the studies at the Everett Homeport, these researchers concluded that pile driving did alter the distribution and behavior of juvenile pink and chum salmon. It is also possible that noise from pile driving will mask the approach of predators. The reported Everett Homeport results may not be entirely applicable to the proposed project, because a vibratory pile driver will be used in the proposed project- a diesel powered compression hammer was used in the Everett study. As stated in the Feist report, "It would be reasonable to say that juvenile salmonids might respond differently to the sounds of a vibratory hammer, compared to that of a diesel compression hammer." Marbled murrelets spend most of their time at sea and only use old growth areas for nesting. In the critical nesting areas, fragmentation and loss of old growth forest has a significant impact on the survival and conservation of the species (WDW 1993). There are no critical nesting habitats within close range of the project and no nests (Federal Register, Vol. 61, No. 102, 1996). Annual aerial surveys for marbled murrelets (Figures 5 and 6) indicate that few murrelets have been seen near the Bainbridge Island project area during either the summer or winter. Therefore, the construction of the proposed PRF should cause no significant impacts on marbled murrelets. Turbidity: Increased turbidity caused by pile driving could have adverse effects on salmon and bull trout. The impact level depends on duration of exposure, concentration of turbidity, the life stage during the increased exposure and the options available for the fish to avoid the plumes. The effects can be discussed in terms of lethal, sublethal or behavioral (Nightingale and Simenstad 2001a and Simenstad, editor, 1988). For this project, turbidity effects are expected to be localized and brief. The area where turbidity impacts may affect the listed fish has been defined by the Army Corps of Engineers (ACOE) as a 25'radius around each piling. To minimize the adverse effects of increased noise and/or increased turbidity on migrating salmonids, bull trout and possible Pacific herring spawning activity, pile driving should take place during the work window from July 16 to January 14. Work Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 20 during this period will reduce the possibility of contact with these species. Due to the scarcity of Steller sea lions, humpback whales, leatherback sea turtles and Southern Resident killer whales in the action area, it is concluded that the proposed project construction and its presence will have no effect on these three species. B. Indirect Effects: Indirect effects are effects of the project that occur later in time. For this project, indirect effects might include alteration of nearshore juvenile salmon migratory pathways, increase in salmonid predation,reduction in prey resources and refugia due to shading or crushing of the epibenthic substrate by the structure and increased boat use. Migratory pathway alteration: It is generally accepted that overwater structures can alter migration behavior of juvenile salmon (though the effects may vary depending on the design and orientation of the structure, degree of shading, and the presence of artificial light), and reduce salmon prey resources and refugia by shading aquatic plant life (Simenstad et al. 1999; Nightingale and Simenstad 2001b). However, the significance of these effects is not clear. As Simenstad et al. state, "We found no studies that described empirical evidence supporting or refuting that modification of juvenile salmon behavior in shoreline habitats was reflected in changes in survival." Nightingale and Simenstad (2001b) state, "Presently, although we know that under some conditions small juvenile salmon will delay or otherwise alter their shoreline movements when encountering an overwater structure, the conditions under which this behavioral modification is significant to the fishes' fitness and survival is relatively unknown." As study by Williams et al. (2003) found that, "Salmon fry were observed in all nearshore habitats during each transect sampling period (day and night). The fry were observed under a wide range of PAR values (0.0 µcool m-2 s-1 to 2370 µmol m-2 s- 1). Fry were observed both outside the terminal (Mukilteo ferry terminal) and underneath the terminal at all times, and shadows produced by the 10-m-wide terminal structure did not appear to act as barriers to fry movement at this location." There is no question that underwater structures may alter migration patterns—that is not in dispute. As seen in the study by Williams and in many other studies (see the recent literature review by Weitkamp - 2003), there are studies that indicate that salmon migration is not affected by the presence of overwater structures. Of course, there are other studies indicating migration patterns are altered by overwater structures. The issue is that no one has shown that these migration changes lead to increased mortality or decreased fitness. None of the studies that report changes in salmonid migration patterns caused by overwater structures have reported that these changes have a negative impact on salmonids - see the quotes above from Simenstad et al. 1999 and Nightingale and Simenstad 2001b. Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 21 Nevertheless, the Services (NMFS and USFWS)have chosen to accept the hypothesis that overwater structures will have negative impacts on salmonids, even though there is no current scientific research proving that this hypothesis is true. Their impact minimization recommendations are based on this assumption. Increased predation: At this time, there is no evidence of docks aggregating salmonid predators in the Puget Sound(Ratte & Salo 1985; Cardwell et al. 1980; Nightingale and Simenstad 2001b). Dock associated structures, such as breakwaters, may serve as marine mammal haulout areas,but there is no scientific literature that states that these mammals are particularly targeting small outmigrating juveniles. It might be assumed that birds would be interested in small migrating juveniles, but there is no evidence that docks provide an aggregation site for predatory birds (Taylor and Willey 1997). Therefore, it cannot be stated, based on existing research, that the predation rates of juvenile salmonids will be altered due to the presence of the structure. Shading and grounding impacts: Shading caused by overwater structures can reduce or eliminate eelgrass, macroalgae and other epibenthic organisms resulting in reduced prey and refugia resources for salmon and bull trout. It should be noted that there is a paucity of macroalgae at this site (see Attachment 1). The following design parameters will lessen the structure's shading impacts: -The float will have 52% functional grating installed(the grating will have 60% open area). -The pier is 4' wide and will have 40% functional grating installed. -The ramp will be 100% grated. -The PRF will be oriented with 2° of true north. -Float stops will prevent any float grounding. Boating impacts: Boating activity can cause damage to the aquatic habitat due to prop scour and increased turbidity. In several studies, aquatic vegetation and benthic organisms were found to be absent or greatly reduced in areas where boat traffic was high and the propellers were within one foot of the bottom(Chumra and Ross 1978; Ogilvie 1981). Langler(1950) found that propellers within approximately 14" of the bottom removed all plants and silt within a swath approximately 5' wide. Conversely, boat use over deeper water can actually stimulate aquatic plant growth by increasing the dissolved carbon dioxide and increasing water circulation (Warrington 1999). It is assumed that most boating activity adjacent to the float will be at slow speeds. As seen in the Habitat Map (Attachment 1), all of the macroalgae present at the site is located well landward of the float. Boat traffic in this area will probably be rare. Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 22 Pollution from exhaust can have indirect adverse effects on the listed fish. Warrington (1999) concluded from his study of the literature that, "There is no significant effect of outboard exhaust on zooplankton, phytoplankton,periphyton or other aquatic invertebrates in the bulk water." However,he also concluded that there are no acceptable works on exhaust effects on salmonids. C.Interrelated/Interdependent Effects: Completion of this project will not promote future construction or other activities that would not otherwise occur without its completion. Therefore, no additional interrelated or interdependent actions that could affect species regulated under ESA will occur because of this project. D. Take Analysis: The ESA (Section 3) defines "take" as to "harass,harm, pursue, hunt, shoot, wound, trap, capture, collect or attempt to engage in any such conduct." The USFWS further defines "harm" as "significant habitat modification or degradation that results in death or injury to listed species by significantly impairing behavioral patterns such as breeding, feeding, or sheltering." It is likely that no"take" will result from this project. Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 23 IV. MITIGATION AND MANAGEMENT MEASURES TO MINIMIZE OR AVOID IMPACTS In order to minimize any direct effects on the listed species caused by this project,pile driving should take place during the work window between July 16 and January 14.•Additional design parameters and conservation measures will minimize indirect adverse effects of the project. They include: 1. Installation of 100% functional grating in the float. 2. Installation of 100% grating in the ramp. 3. Installation of 50% functional grating in the pier 4. Orientation of floatation so that it does not obstruct the grating. 5. Use of steel pilings instead of ACZA-treated wood pilings. 6. Mitigation: According to the Army Corps of Engineers RGP-6 (February, 2005), 6 mitigation points will be required for this project. (Habitat Category C for joint-use structures). The proposed structure will have an approximate overwater area of 552-ft2. The pier is designed with 100% functional grating or 216 ft2 of pier grating, while it's only required to have 40% functional grating or 87 ft2 of pier grating. The additional 129 ft2 of pier grating will produce the following number of points (129/9)*3points =43 Mitigation Points (MMO#4). Furthermore because this project is located in a Fish and Wildlife Habitat Conservation Area (FWHCA) and within FEMA Floodplain Zone A, a mitigation and monitoring plan is include in addition to the mitigation in dock design described above. The mitigation and monitoring plan involves the removal of non-native and invasive plants and replanting of native vegetation at the project site, and can be seen in Section VI. Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 24 V.DETERMINATION OF EFFECT: After reviewing the appropriate data and surveys, the determination of effect is: 1. Puget Sound chinook - "No effect" 2. Bull trout- "No effect" 3.Puget Sound steelhead- `-`May affect, not likely to adversely affect" 4. Bocaccio, Yelloweye and Canary rockfish —"No effect" 5. Marbled murrelet—"No effect" 6. Pacific herring—"May affect, not likely to adversely affect" 7. Humpback whale - "No effect" 8. Leatherback sea turtle - "No effect" 9. Southern Resident killer whale - "No effect" Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 25 VI. MITIGATION AND MONITORING PLAN The Federal Emergency Management Agency (FEMA) lists 4 forms of mitigation for construction impacts in the regulatory floodplain; in order of preference, these are avoidance (staying out of the floodplain), minimization (avoiding the most important habitats, in this case the shoreline and riparian buffer zones), restoration (restoring or improving conditions on-site), and compensation (improving habitats outside of the project site) (FEMA 2010). While the current project, by its nature as a shoreline development, cannot avoid the floodplain, it can successfully minimize impact and restore on-site habitat. Like all mitigation, any project that has the potential to impact functions and values of an important aquatic habitat, that project needs to provide for compensation and mitigation. In this project, no values and functions are anticipated to be impacted; however, mitigation is proposed to improve the current conditions on the site. In looking at long term management strategies to maintain the improved conditions, we looked to the Federal Compensatory Mitigation for Losses of Aquatic Resources Final Rule (2008): Compensation for impacts to aquatic resources in coastal watersheds(watersheds that include a tidal water body)should also be located in a coastal watershed where practicable. In general, the required compensatory mitigation should be located within the same watershed as the impact site, and should be located where it is most likely to successfully replace lost functions and services, taking into account such watershed scale features as aquatic habitat diversity, habitat connectivity, relationships to hydrologic sources (including the availability of water rights), trends in land use, ecological benefits, and compatibility with adjacent land uses. When compensating for impacts to marine resources, the location of the compensatory mitigation site should be chosen to replace lost functions and services within the same marine ecological system (e.g., reef complex, littoral drift cell). Compensation for impacts to aquatic resources in coastal watersheds(watersheds that include a tidal water body)should also be located in a coastal watershed where practicable. A. Site Vegetation Existing vegetation on top of bluff adjacent to shoreline: Douglas Fir(Pseudotsuga menziessi), Western Red Cedar(Thuja plicata), Pacific Madrone(Arbutus menziessii), Salal (Gaultheria shallon), Evergreen Huckleberry (Vaccinium ovatum), Dull Oregon Grape (Mahonia nervosa), and Sword Fern (Polystichum munitum). Non-native invasive species include: English Ivy (Hedera helix), Evergreen Blackberry (Rubus laciniatus), and Scotch Broom(Cytisus scorparius). B.Proposed Mitigation Plan Mitigation is required for this site as the proposed structure will be built within a FWCHA and FEMA floodplain zone A. The proposed mitigation is the removal of existing non-native invasive species in the shoreline buffer along the top of the bluff in the southeastern corner of parcel# 12232-10-01100. The plants to be removed are the English Ivy (Hedera helix), Evergreen Blackberry (Rubus laciniatus), and the Scotch Broom(Cytisus scorparius), which are Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 26 all listed as Class C Weeds on the WA State Noxious Weed List. In addition to removing invasive species, native plants will be installed along the top of the bluff on parcels 12232-10- 01100 and 12232-10-01090 to improve the functions and value of the marine riparian band on this portion of the shoreline. The plant species include: Nootka Rose (Rosa nutkana), Common Snowberry (Symphoricarpus albus), Oceanspray (Holodiscus discolor), Evergreen Huckleberry (Vaccinium ovatum), Serviceberry (Amelanchier alnifolia), Salal (Gaultheria shallon) and Sword Fern (Polystichum munitum). The plants selected for this site are all native plants that can tolerate salt spray from a marine environment. They were selected to improve the overall value of the functions in this critical area. Soil stability, nutrient input and wildlife habitat were all important factors. Following is a table showing the plant species and numbers for the planting area. Plants should be selected from a regional native plant nursery. Substitutions to the plants in the list below should be chosen from a list of approved native marine riparian plants. Plant List Quantity Common Name Botanical Name Size Spacing 3 Nootka Rose Rosa nutkana 1 gal 6' 2 Snowberry Symphoricarpus albus 1 gal 6' 3 Ocean Spray Holodiscus discolor 1 gal 6' 3 Evergreen Huckleberry Vaccinium ovatum 1 gal 6' 1 Serviceberry Amelanchier alnifolia 1 gal 6' To be determined at time of planting Salal Gaultheria shallon 3.5" 3'-5' To be determined at time of planting Salal Gaultheria shallon 3.5" 2' 8 Sword Fern Pol stichum munitum 1 gal Random Plants should be installed in late fall or early spring following the construction work. During these times plants are semi-dormant and soils are easier to work. Plants will be laid out by hand generally following the spacing specified on the planting plan map (Figure 12). Photos of the areas targeted for mitigation can be seen in Figures 13-16. The plants will be installed by digging a one to two foot hole, loosening the soil, placing plant in ground after loosening soil around root ball. The hole must be deep enough to ensure that roots are straight,but not so deep as to bury plants too far above the root collar. Once the plant is in place the hole will be backfilled and tamped lightly. Mulch should be applied 3" deep around plants, being careful not to touch stem of plant. No extraordinary measures are proposed at this time to protect the installed plants other than mulching, weeding and watering. Substitutions might be necessary for species or individuals that cannot be found at local nurseries. All plant substitutions will be approved by the project biologist prior to installation to ensure their suitability for the site. Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 27 C. Performance Standards Performance standards are measurable criteria for determining if the goals and objectives of the mitigation project are being achieved. If the,proposed benchmarks are not achieved by comparing the surveys to the mitigation goals, then contingency plans will need to be implemented. Performance Standard# 1 (survival rate): Immediately after planting, all plants will be counted and documented. At the end of each growing season (late Aug- early Sept) plots will be visited and a count of surviving plants will be documented. The percent survival for the plots will be calculated by dividing the total number of plants after planting b the total number of surviving plants at the end of the season. Photo stations P g Y g for each replanting site will be determined and a photograph of each transplant location will be taken on an annual basis. Individual plants that die must be replaced with native species in order to meet the survival performance standards. Performance Standard#2 (percent cover): The percent cover standard will be monitored by looking at each monitoring unit of the enhanced areas from above and estimating the area covered by the individual species. The percent cover within an area can be quantified as a total greater than 100% because plants (in tree, high/low shrub and herbaceous layers) overlap in cover. Performance Standard#3 (invasive removal): All areas where invasive plants were removed will be surveyed visually and categorized with photo stations. This is to ensure that 0% (none) of the targeted Invasive species (English Ivy, English Holly, Morning Glory and Himalayan Blackberry) will be present and have not reestablished within each monitoring year. Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 28 D. Monitoring Plan An as-built drawing and report will be submitted to Mason County DCD as documentation of the implementation of the approved planting plan within one month of installation. Once approved, the monitoring proposal is to maintain and monitor the survival of the native plants installed as well as removal of the invasive plants for five years. The plan will include vegetation description and photo documentation from established photo stations. A panoramic photo of the entire mitigation site will also be provided. Monitoring will take place over a period of five years at the end of the growing season (late August or early September) of each monitoring year. The performance standards will be monitored by measuring plots in zones within the planting area that will be established and mapped after planting occurs, on the as-built plan. There will be photo points for each plot and they will be referenced on the as-built plan. Each year the photo points that are established at each site will be used for comparison. Photos will be taken at all points for all years as visual documentation of the performance standards progress, or lack of. In addition to photos at designated points, photos documentation must include a panoramic view of the entire planting area. Submitted photos must be formatted on standard 8 '/2"by 11"paper, dated with the date the photo was taken, and clearly labeled with the direction from which the photo was taken. The photo location points must be identified on an appropriate drawing. Collected data and photos will be compiled into an annual Riparian Planting report each year and submitted to the Mason County DCD by December of each monitoring year for five years. Each annual monitoring report shall include written and photographic documentation on plant mortality and replanting efforts and must document whether the performance standards are being met. Monitoring results will determine whether or not contingency measures will be needed. Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 29 Performance Standards#1 & 2 Year 1: Achieve 100% survival success of replanted natives into mitigation areas Year 2: Achieve 100% survival success at end of second year into mitigation areas Year 3: Achieve 90% survival success at end of third year into mitigation areas Year 4: Achieve 90% survival success at end of fourth year into mitigation areas Year 5: Achieve 90% survival success at end of fifth year into mitigation areas Performance Standard#3 Year 1: Achieve 100% removal of targeting invasive species from mitigation areas Year 2: Achieve 100% removal of targeting invasive species from mitigation areas Year 3: Achieve 100% removal of targeting invasive species from mitigation areas Year 4: Achieve 100% removal of targeting invasive species from mitigation areas Year 5: Achieve 100% removal of targeting invasive species from mitigation areas Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 30 E.Maintenance and Contingency Maintenance shall occur at least twice during the growing season to ensure the survival of all native species within the mitigation area, including volunteer natives. Watering by hand or sprinkler may be necessary during year number one until the plants are established. Water requirements will depend on the timing of planting with the seasons and weather conditions. Once plants are established, extra watering may not be necessary. Hand weeding will be necessary around all plants that are being monitored for survival and coverage. If the 90% survival rate is not met by the end of any monitoring year, plants lost to mortality will be replaced to achieve the percentage cover performance standard described above. Prior to replacement, an appropriate assessment will be performed to determine if the survival was affected by species/site selection, animal damage, or some other factor. Subsequent contingency actions must be designed to respond directly to the stressor(s), which are increasing mortality of planted native species. If a particular species is shown not to endure site conditions then another, more appropriate species will be selected. If excessive damage is observed, protective measures will be introduced. Monitoring years may be added if significant re-planting becomes necessary. Monitoring on an annual basis for five years will occur with photographs to determine the survival rate of the transplanted area. If 100% success is achieved before reaching the five-year mark, monitoring will continue without extra replanting efforts. Within the five year time period, transplanting will occur on an annual basis to replace any plants that are lost until 100% success is achieved. Marine Surveys &Assessments Habitat Management Plan: Orser PRF Project Pg. 31 References Angell, T. and K. C. Balcomb III. 1982. Marine Birds and Mammals of Puget Sound. Puget Sound Books. University of Washington Press, Seattle, WA, 146 pp. Bowlby, D. E., G. A. Green and M. L. Bonnell. 1994. Observations of leatherback turtles offshore of Washington and Oregon.Northwestern Naturalist 75:33-35. Federal Register/Vol. 61, No. 102 / May 24, 1996/Rules and Regulations. Federal Register/Vol. 64, No. 56/March 24, 1999 /Rules and Regulations. Federal Register/Vol. 64, No. 210/ November 1, 1999/ Rules and Regulations. Federal Register/Vol. 70, No. 123 /June 28, 2005/Rules and Regulations Federal Register/Vol 70, No.170/September 2, 2005/Rules and Regulations. Federal Register, Vol. 70, No. 222/November 18, 2005 /Rules and Regulations. Federal Register/Vol. 71, No. 229/November 29, 2006/Rules and Regulations. Federal Register/Vol. 72, No. 91 /May 11, 2007/Rules and Regulations. Federal Register/Vol. 75, No. 81 /April 28, 2010/Rules and Regulations. Federal Register/Vol. 78, No. 151/August 6, 2013/Proposed Rules. Healey, M. C. 1982. Juvenile Pacific salmon in estuaries: the life support system, pp. 315 - 341. In: V.S. Kennedy (ed.), Estuarine comparisons. Academic Press, New York, NY. Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 32 Hruby, T., 2004. Washington State Wetland Rating System for Western Washington—Revised. Washington State Department of Ecology Publication#04-06-025. Jeffries, Steven J., Patrick J. Gearin, Harriet R. Huber, Don L. Saul and Darrell A. Pruett. 2000. Atlas of Seal and Sea Lion Haulout Sites in Washington. Washington Department of Fish and Wildlife, Wildlife Science Division, Olympia,WA, 150 pp. Love, M.S., M.M. Yoklavich, and L. Thorsteinson. 2002. The rockfishes of the Northeast Pacific. University of California Press, Berkeley, California. Myers, J. M., R. G. Kope, G. J. Bryant, D. Teel, L. J. Lierheimer, T. C. Wainwright, W. S. Grand, F. W. Waknitz, K. Neely, S. T. Lindley, and R. S. Waples. 1998. Status review of chinook salmon from Washington, Idaho, Oregon, and California. U.S. Dept. of Commerce,NOAA Tech Memo. NMFS-NWFSC- 35, 443 pp. Nightingale, Barbara and Charles Simenstad. 2001a. Dredging activities: marine issues. Submitted to Washington Department of Fish and Wildlife,Washington Department of Ecology, and Washington State Department of Transportation, Olympia, WA, 144 pp. Osborne, R.,J. Calambokidis and E. M. Dorsey. 1988.A guide to marine mammals of greater Puget Sound. Island Publishers, Anacortes, WA, 191 pp. Peterson, Charles H., Darren HM Hickerson, and Gina Grissom Johnson. "Short-term consequences of nourishment and bulldozing on the dominant large invertebrates of a sandy beach." Journal of Coastal Research (2000): 368-378. Rieman, B. E. and J. D. McIntyre. 1993. Demographic and habitat requirements for conservation of Bull Trout.Gen. Tech. Rpt. U. S. Forest Service, Intermountain Research Station, Ogden, UT. 38 pp. Simenstad, C. A., (ed.). 1988. Effects of dredging on anadromous Pacific coast fishes,Workshop proceedings, Washington Sea Grant, Seattle WA, September 8-9, 1988. Simenstad, C.A., K.L. Fresh and E.O. Salo. 1982. The role of Puget Sound and Washington coastal estuaries in the life history of Pacific salmon: an unappreciated function, pp. 343- Marine Surveys &Assessments Habitat Management Plan: Orser PRF Project Pg. 33 364. In V.S. Kennedy (ed.). Estuarine comparisons. Academic Press, New York, NY. Tait, James F. and Gary B. Griggs. 1991. Beach response to the presence of a seawall, comparison of field observations. Contact Report CERC-91-1, U. S. Army Waterways Experiment Station, Vicksburg, Mississippi. Washington Department of Wildlife (WDW). 1993. Status of the marbled murrelet Brachyramphus marmoratus in Washington. Unpubl. Rep. Wash. Dept. Wildl., Olympia, WA. WDFW (Washington Department of Fish and Wildlife). 2011. Priority Habitats and Species report for Case Inlet. Available at: http://wdfw.wa.gov/mapping/phs/. Olympia, Washington. Washington State Conservation Commission. Salmon Habitat Limiting Factors. Water Resources Inventory Area 14, Kennedy-Goldsborough Basin (2002). Wiles, G. J. 2004. Washington State status report for the killer whale. Washington Department Fish and Wildlife, Olympia. 106 pp. WSDE (Washington State Department of Ecology). 2012. Stormwater Management Manual for Western Washington. Washington State Department of Ecology, Water Quality Program. Olympia, WA. 1035 pp. htlp://www.ecy.wa.goy/i)rograms/wq/stormwater/manual.html Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 34 Figure 1. Vicinity Map %AA r x t Legend * ProjcctLocatiozr A /t + j 1 h 1 4 t'�r'T CCRPS REFERRENCE: PARCEL ID3,'ONVNER PROPOSED PROJECT: APPLICANT:Peter Orser 12232-10 1100:Peter Orser Pier,Ramp,and Float with Nboring 65CO E G apeview Loop Road. 650)E Grapeview Loop Road. Buoy Grapeview.WA 98546 Grapeview.WA 98546 ADJACENT PROPERTY OWNERS: SITE ADDRESS: Sheet of DA7E:010/14 12232-10-01080. 650)E Grape-view Locp Roai David Henry,Guiles et aL Grapeview,WA 98546 Coordinate System: 16916 1u Ave SE WA State?lane South(Ft) Bothell, WA 98012 Is Case Inlet Near.Grapeview Tidal datum:feet NILLW Cotnty.Mason State:WA Scale:N/A 12232-10-91110: Harold&Shirley, Mist et al. PO BOX 1516 AIl.nL WA 98524 Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 35 Figure 2. Parcel Boundaries Legend • � � • ��� `�� � l�*., ip$3'�, � Project Location •fw 'i � �� CORPS REFERRENCE: PARCEL IDs/OWNER: PROPOSED PROJECT: APPLICANT:Peter Orser 12232-10-01100 :Peter Orser Pier,Ramp,and Float with Mooring 6500 E Grapeview Loop Road. 6500 E Grapeview Loop Road. Buoy Grapeview,WA 98546 Grapeview,WA 98546 ADJACENT PROPERTY"OWNERS: SITE ADDRESS: Sheet of DATE: 01/23/14 12232-10-01080: 6500 E Grapeview Loop Road. David Henry,Guiles et al. Grapeview,WA 98546 Coordinate System: 16916 In Ave SE WA State Plane South(Ft) Bothell,WA 98012 hi:Case Inlet Near.Grapeview Tidal datum:feet MLLW County:Mason State:WA Scale:N/A 12232-10-91110: Harold&Shirley,Mist et al. PO BOX 1516 Allyn,WA 98524 Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 36 Figure 3. Site Plan — dh 6 0 f;- w PETERS LAURA ORSER 6510 E.6R=% EW RD - ALLYN.WA 985M I223Z—p-01090 _ s, TN L LOCATION OF HElSX SCREW L' ~ APPROX.ANCHOR FROM SHORE ----------- tr e PETER 6 LAURA ORSER•• 6500 E 6RAPEVLEW LOOP RO ALLYN.WA 9W4 ,'� PROPOSED STRUCTURE 12232-10_-01100 a ~ LLL LL RESIDENCE ROCK BULIWEAD li 29 �. 10 50 Nl L J6' 12. -fj WROLD 6 SHIRLEY YLIST E T AL PO BOX 1516 ALLYN.WA 90525 12232-10-91110 Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 37 Figure 4. Plan View of Proposed Pier, Ramp, and Float TN 4' BY 40' B� BY 24'FLOAT. 4' BY 54' ALUM,PIER ALUM RAMP 50%FUNCTIONAL 100%GRATED 1007,GRATEV GRATING grjo.141.V-t/ vrrx•u: v,—i� 45ALV. STEEL FLOAT —aaaww PIER PILINGS STOPS B"OR l0•DTA. 4 GALV, STEEL PER BUILDER FLOAT PILINGS 8'OR 10"DI A. E=THS STAIRS PER BUILDER TC REA61 T -- 54' �34'—�-24' 4' 8' 115' 0' 10' 50, E:aSr_r.t rku: 5' 25' NOTE; THESE PLANS NOT FOR CONSTRUCTION PURPOSES Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 38 Figure 5. Aerial View of Project Location ' Legend aY * Project Location 1 4 - k Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 39 Figureof Project Location 010512-155910 Marine Surveys & Assessments A Habitat Management • Project Pg. g 40 Figure 7. Surf Smelt Spawning Habitat at Project Location Legend * Project Location Documented Surf Smelt Spawning Habitat • i Y r r' Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 41 Figure 8. Orser Habitat Survey Map MR 2 TE= -17.T MACROALGAE AND 0' 25' 75' ESTIMATED PERCENT AREA COVERED 10' 59 100' PER SQUARE METER: M=Mastocarpus U=Ulva 20 U Proposed helix anchor location TE=-7.T M M 4 25 U 30 U 20 U EE= -14.7' I -127 20 U T 155 _ -4.7 _ 140 - 5 M 5M 5M BegiMBng of 120 - 5 M 5 M I -0.7 5 M 100 _ 1.3 — 80 3.3 — 60 6.3 — 15' 10' 40 — 20 — Distonce and tidal elevation (MLLW)in feet along 10.3 — BASELINE/BULKHEAD T1 T 1 T2 T3 T4 T5 T6 PL Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 42 Figure 9. Site Picture: Bulkhead and Upper Beach Facing North Arl- ...... ..... 'r k i Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 43 Figure 10. Site Picture: Bulkhead and Upper Beach Facing West a D1 r e s i p r 77 r 1 r � : i — 1 t � D Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 44 Figure 11. Site Picture: Upper Beach and Bulkhead Facing South �.... f; v h r Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 45 Figure 12. Proposed Mitigation Planting Plan PLANTING KEY =REMOVAL OF IVY,BLACKBERRY 6 SCOTCH BROOM EXZ5rD45 NA TI'VE PLANT5 / A PLANTING OF SALAL ON Y CENTERS TO REN.AIN: / (TOTAL#TO BE DETERMINED AT TIME OF PLANTING) CD=MADRONA-SPREA_DINS =SALAL PLANTING AREA ON 3'•B CENTERS. (TOTAL#t r B DEPLA QMJ?TING) D AT"ME s DOVSLA5 FIR AND REPLACIE6 WITH SWORD FERN 0 =OCEAN SPRAY(3) dM =EVERGREEN HUCKLEBERV(3) =SERVICE BERRY(1) NOOTKA ROSE(3) $NOW BERRY(2) =SWORD FERN(10) I CAMN I DECK NEW HOUSE PATIO ACH �/�J ACE S_ 0 TOP OF BANK EXI5TING CONICAL MADRONA IAtAY BE REMOVED AND A, REPLACED WITH NEW I . SWORD FEAP4 PL PL. Tow OF 9MC. d CASE INLET PL_ N --90- 1" = 25.5' Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 46 Figure1 Planting Area tr Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 47 r I • 1 r r • y Figure 14. Ivy and Scotch Broom ISLA r !+f 3^ _ - , ' ,_ , .Jam'• �-� - _�,.� �F AA As .\ j k 4t Figure 15. Ivy and Black Berry ST QAk "`IJ r �~Try •�.7�-..:.,��' � ��'�y�+�`-.' �, �4 ► P L. • ,M , . M � � � JV t' a- r ti M •. „' y l_ \! JL Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 48 r i i � e Ltd.Y, Figure 16. Southern Planting Area Marine Surveys i • Project P. Attachment 1.Assessment of Impacts to Critical Habitat for Puget Sound Chinook and Puget Sound Steelhead Project description: Joint-use pier,ramp, and float, mooring buoy Applicant: Peter Orser COE reference: Unknown at this time NMFS reference: Unknown at this time The primary constituent elements determined essential to the conservation of salmon and steelhead are: (1) Freshwater spawning sites with water quantity and quality conditions and substrate supporting spawning, incubation, and larval development. Existing Conditions: Does not apply - the project is in the marine environment Effects to PCE: None (2) Freshwater rearing sites with water quantity and floodplain connectivity to form and maintain physical habitat conditions and support juvenile growth and mobility; water quality and forage supporting juvenile development; and natural cover such as shade, submerged and overhanging large wood, logjams and beaver dams, aquatic vegetation, large rocks and boulders, side channels, and undercut banks. Existing Conditions: Does not apply - the project is in the marine environment Effects to PCE: None (3) Freshwater migration corridors free of obstruction with water quantity and quality conditions and natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, side channels, and undercut banks supporting juvenile and adult mobility and survival. Existing Conditions: Does not apply - the project is in the marine environment Effects to PCE: None Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 50 (4)Estuarine areas free of obstruction with water quality, water quantity and salinity conditions supporting juvenile and adult physiological transitions between fresh-and saltwater; natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, and side channels, and juvenile and adult forage, including aquatic invertebrates and fishes, supporting growth and maturation. Existing Conditions: There is very little macroalgae at the site, additionally no eelgrass is present. The site is located in a documented surf smelt spawning area. There is some riparian vegetation along the shoreline. Effects to PCE: The project will have little or no impact on little macroalgae at the site There is no eelgrass. According to Salmon Scape,there is documented surf smelt spawning substrate at the site.There is no documented herring spawning activity at the site. There is no submerged large wood at the site. There is no woody debris on the beach.There are no side channels at the site. There is some riparian vegetation along the bulkhead. (5)Nearshore marine areas free of obstruction with water quality and quantity conditions and forage, including aquatic invertebrates and fishes, supporting growth and maturation; and natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulder and side channels. Existing Conditions: See 4 above Effects to PCE: See 4 above (6) Offshore marine areas with water quality conditions and forage, including aquatic invertebrates and fishes, supporting growth and maturation. Existing Conditions: Does not apply - the site is in a nearshore marine environment Effects to PCE: None Determination of Effect: May affect, not likely to adversely affect Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 51 Attachment 2.Assessment of Impacts to Critical Habitat for Coastal -Puget Sound Bull Trout Project description: Joint-use pier, ramp, and float, mooring buoy Applicant: Peter Orser COE reference: Unknown at this time NMFS reference: Unknown at this time The primary constituent elements determined essential to the conservation of bull trout (Salvelinus confluentus) are: (1)Water temperatures that support bull trout use. Bull trout have been documented in streams with temperatures from 32 to 72 °F (0 to 22 °C)but are found more frequently in temperatures ranging from 36 to 59 °F(2 to 15 °C). These temperature ranges may vary depending on bull trout life history stage and form, geography, elevation, diurnal and seasonal variation, shade, such as that provided by riparian habitat, and local groundwater influence. Stream reaches that preclude bull trout use are specifically excluded from designation. Existing Conditions: The project is in a marine environment Effects to PCE: Not applicable 2 Complex stream channels with features such as wood debris side channels pools, ( ) P Y > and undercut banks to provide a variety of depths, velocities, and in-stream structures. Existing Conditions: See 1 above Effects to PCE: See 1 above (3) Substrates of sufficient amount, size and composition to ensure success of egg and embryo overwinter survival, fry emergence, and young-of-the year and juvenile survival. This should include a minimal amount of fine substrate less than 0.25 in (0.63 cm) in diameter. Existing Conditions: See 1 above Effects to PCE: See 1 above Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 52 (4) A natural hydrograph, including peak, high, low, and base flows within historic ranges or, if regulated, currently operate under a biological opinion that addresses bull trout, or a hydrograph that demonstrates the ability to support bull trout populations by minimizingdaily and day-to-day fluctuations and minimizing departures from the natural Y Y Y g P cycle of flow levels corresponding with seasonal variation: This rule finds that reservoirs currently operating under a biological opinion that addresses bull trout provides management for PCEs as currently operated. Existing Conditions: See 1 above Effects to PCE: See 1 above. (5) Springs, seeps, groundwater sources, and subsurface water to contribute to water quality and quantity as a cold-water source. Existing Conditions: See 1 above Effects to PCE: The project will have no impacts on springs, seeps, groundwater sources or subsurface water at the site. (6) Migratory corridors with minimal physical, biological, or water quality impediments between spawning, rearing, overwintering, and foraging habitats, including intermittent or seasonal barriers induced by high water temperatures or low flows. Existing Conditions: There is no existing overwater structure at the site. There is little , macroalgae and no eelgrass adjacent to the proposed structure. There is no overhanging vegetation at the site. There is documented forage fish spawning at the site. Effects to PCE: Effects to PCE are expected to be temporary and minimal, if work is done within suggested windows for forage fish spawning. (7)An abundant food base including terrestrial organisms of riparian origin, aquatic macroinvertebrates, and forage fish. Existing Conditions: See 6 above. Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 53 Effects to PCE: There is documented surf smelt spawning area at the site. (8)Permanent water of sufficient quantity and quality such that normal reproduction, growth and survival are not inhibited. Existing Conditions: See 1 Above Effects to PCE: See 1 above Conservation Measures: Work within forage fish work windows. Determination of Effect: May affect, not likely to adversely affect Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 54 Attachment 3. Assessment of Impacts to Proposed Critical Habitat for Georgia Basin (Bocaccio,Canary and Yelloweye) Rockfish. Project description: Joint-use pier,ramp, and float, mooring buoy Applicant: Peter Orser COE reference: Unknown at this time NMFS reference: Unknown at this time Impacts of Overwater Structures: As noted above,the main reason for the decrease in the abundance of these three rockfish has been the historic overfishing of these populations.This overfishing has reduced not only the number of these fish in Puget Sound,but also has reduced the proportion of larger females, which harms the overall productivity of these populations. Adult bocaccio,canary rockfish and yelloweye rockfish are typically associated with rocky habitats. According to Palsson et al. (2009),such habitat is extremely limited in Puget Sound,with only 10 square km of such habitat in Puget Sound Proper(i.e., south of Admiralty Inlet),and 207 square km2 in Northern Puget Sound. Adult yelloweye rockfish are commonly found in waters 300'to 590'in depth.Canary rockfish usually in habitat the area between 160'to 820'and bocaccio rockfish are usually found between 160'and 820' (Federal Register, 2009). Therefore, it seems likely that the adults are not impacted by construction of overwater structures. Because juveniles settle in more shallow water than adults, impacts to juveniles would be limited to the brief noise associated with pile driving. These impacts would only occur if the juveniles happened to be in the area. As noted above,YOY bocaccio and canary rockfish have not been detected in Puget Sound recently and yelloweye have only been detected at depths of 60'or deeper.Therefore,it seems unlikely that pile driving noise impacts will actually occur. The existence of pier,ramp and float structures might provide a long term positive impact on juvenile rockfish as mentioned above. The study by Love et al(2006)showed that drilling rigs provided a habitat for juvenile rockfish. It is possible that pier and dock structures could provide the same kind of habitat. Impacts of the proposed project on the physical and biological features essential to the conservation of juvenile bocaccio,canary and yelloweye rockfish: (1) Quantity, quality, and availability of prey species to support individual growth, survival, reproduction, and feeding opportunities. Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 55 Impacts: According to the Federal Resister(Federal Resister/Vol 78, No 151 /Tuesday, August 6, 2013 / Proposed Rules): Juvenile settlement habitats located in the nearshore with substrates such as sand, rock and/or cobble compositions that also support kelp (families Chordaceae, Alariaceae, Lessoniacea, Costariaceae, and Laminaricea) are essential for conservation because these features enable forage opportunities and refuge from predators and enable behavioral and physiological changes needed for juveniles to occupy deeper adult habitats. As noted in the Habitat Report for this project, there is a paucity of macroalgae at this site, which could be impacted by the proposed project. Therefore, it is unlikely that juvenile rockfish would even be present in the area. (2) water quality and sufficient levels of dissolved oxygen to support growth, survival, reproduction, and feeding opportunities. Impacts: Construction activities may have temporary turbidity impacts on water quality. It is likely that the juveniles would avoid the area during these temporary increased turbidity conditions. The primary constituent elements determined essential to the conservation of Georgia Basin (Bocaccio, Canary and Yelloweye) Rockfish are: (1) Spawning and rearing sites Existing Conditions: There is no habitat suitable for Georgia Basin Rockfish spawning or rearing in the action area(see further information below). Effects to PCE: Not applicable (2)Forage sites and prey habitat. Existing Conditions: Although there are no suitable forage sites (kelp beds) for Georgia Basin Rockfish in the action area(see further information below), there is potential or documented forage fish spawning habitat in the action area. Effects to PCE: Construction activities may temporary impact forage fish spawning habitat due to localized and short-term siltation. However this impact can be mitigated and minimized by following the suggested work windows and best management practices (see Biological Evaluation). (3) Habitat. Existing Conditions: No kelp, kelp beds, or artificial structures that maybe suitable Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 56 habitat for Georgia Basin Rockfish are in the action area(see further information below) Effects to PCE: Not applicable (4) Water quality. Existing Conditions: There are currently no anthropogenic activities in the action area that may affect the water quality for Georgia Basin Rockfish. Effects to PCE: Construction activities may temporary impact water quality due to localized and short-term siltation. Siltation impacts can be mitigated and minimized by following the suggested best management practices (see Biological Evaluation). Effects Determination for: Georgia Basin rockfish : "May effect,not likely to adversely affect" Further Information Bocaccio Rockfish: Bocaccio are found from Stepovac Bay on the Alaska Peninsula to Punta Blanca in central Baja California. They are most common from Oregon to California and were once common on steep walls in Puget Sound(Love et al. 2002). Larvae and pelagic juveniles tend to be found close to the surface,occasionally associated with drifting kelp mats . Bocaccio bear live young and the larvae and pelagic juveniles remain close to the surface and are occasionally associated with floating kelp beds (Love et al. 2002). Most bocaccio remain pelagic for 3.5 months but some will remain pelagic for up to 5.5 months before settling into littoral zones. They prefer rock or cobble substrates with kelp beds and/or kelp canopies as well as artificial structures such as piers and oil platforms. Research by Love et al. (2006)revealed: In 2003,using a manned research submersible,we conducted fish surveys around eight oil and gas platforms off southern California as part of an assessment of the potential value of these structures as fish habitat. From these surveys, we estimated that there was a minimum of 430,000 juvenile bocaccio at these eight structures.We determined this number to be about 20%of the average number of juvenile Bocaccio that survive annually for the geographic range of the species. Another interesting observation made by the researchers was that: Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 57 By comparison,juvenile bocaccio recruitment to nearshore natural nursery grounds, as determined through regional scuba surveys,was low in the same year. This research demonstrates that a relatively small amount of artificial nursery habitat may be quite valuable in rebuilding an overfished species. According to Palsson et al. (2009),bocaccio rockfish: ......were once caught in localized areas in South Sound(Washington 1977)but they have not appeared in recent research or recreational catches. Bocaccio were always infrequent in the recreational fishery, with a few erratic occurrences in North Sound but more consistent,low occurrences in South Sound. Bocaccio has never been observed during WDFW bottom trawl, video,or dive surveys in Puget Sound. In a personal communication(Email,October 7,2010)Palsson(WDFW)stated, "Young of the year (YOY)bocaccio and canary rockfishes have not been identified in surveys conducted in Puget Sound." Palsson et al. (2009)also observed that: Overutilization for commercial and recreational purposes is the leading cause of decline to yelloweye rockfish,canary rockfish and bocaccio in the Puget Sound/Georgia Basin. The evidence is clear that historic overfishing has played a major role in the declines of rockfish in the Puget Sound region. Yelloweye Rockfish: Yelloweye rockfish range along the US and Canadian west coast with individuals recorded from northern g g Baja California to the Aleutian Islands.The major portion of the abundance is found central California to Alaska and they are rare in Puget Sound(Love et al. 2002). Yelloweye rockfish juveniles settle primarily in shallow,high relief zones, crevices and sponge gardens (Love et al. 1991). There is no consistent trend for the presence of yelloweye in Puget Sound. The frequency of yelloweye occurring in the recreational rockfish catch data indicated frequencies of less than one percent were seen in the 1960s,which increased to 3%in the 1990s(Federal Register 2009). In terms of the depths at which yelloweye have been found in Puget Sound,Palsson noted, (Email,July 26, 2010), "The upper depth limit of yelloweye is less known,but we have only detected them as shallow as 60'." Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 58 Canary Rockfish: Canary rockfish range between Punta Colnett,Baja California,and the Western Gulf of Alaska.Within this range,canary rockfish are most common off the coast of central Oregon. The larvae and pelagic juveniles of canary rockfish are found in the upper 100 m of the water column (Love et al. 2002).Estimates of larval duration range from 1-2 months to 3-4 months(Love et al. 2002). Juveniles prefer to settle in rocky reefs,kelp beds,low rock and cobble areas (Love et al. 2002). During this settlement they consume on crustaceans(e.g.,harpacticoids)barnacle cyprids, and euphasiid eggs and larvae. According to information found in the Department of Ecology Washington Coastal Atlas and the Habitat Survey,there are kelp beds(Laminaria,flat Dermasterias and Costaria) along the project site shoreline. According to the Federal Register(2009): In Puget Sound Proper,canary rockfish occurred at frequencies above 2 percent of the total rockfish catch in the 1960s and 1970s,but by the late 1990s had declined to about 0.76 percent. Relying on the estimate of Palsson et al.(2008)of 40,683 rockfish in Puget Sound Proper, a 0.76— percent frequency rate would mean there are about 300 individual canary rockfish in Puget Sound Proper. References: Federal Register/Vol. 74,No. 77/Thursday,April 23, 2009/Proposed Rules. Federal Register/Vol. 75,No. 81 /Wednesday, April 28, 2010/Rules and Regulations. Love, M. S., M. Carr, and L. Haldorson. 1991. The ecology of substrate-associated juveniles of the genus Sebastes. Env. Bio. Fish. 30:225-243 Love,M.S.,M.M. Yoklavich, and L.Thorsteinson. 2002.The rockfishes of the Northeast Pacific. University of California Press,Berkeley,California. Love,M. S.,D.M Schroeder,W.Lenarz,A MacCall, A. S. Bull and L. Thorsteinson. (2006). Potential use of offshore marine structures in the rebuilding an overfished rockfish species. bocaccio(Sebastes paucispinis).Fish. Bull. 104:383-390. Palsson,W. A.,Tien-Shui Tsou, Greg G. Bargmann, Raymond M. Buckley,Jim E. West, Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 59 Mary Lou Mills,Yuk Wing Cheng, and Robert E. Pacunsk. September 2009.The Biology and Assessment of Rockfishes in Puget Sound. Fish Management Division,Fish Program,Washington Department of Fish and Wildlife. Attachment 4.Assessment of Impacts to Critical Habitat for Southern Resident Killer Whale Project description: Joint-use pier, ramp, and float, mooring buoy Applicant: Peter Orser COE reference: Unknown at this time NMFS reference: Unknown at this time Southern Resident Killer Whale Critical Habitat - Primary Constituent Elements From 50 CFR Part 226 I The primary constituent elements (PCE) determined essential to the conservation of Southern Resident Killer Whales (Orcinus orca) are: (1)Water quality to support growth and development; Existing Conditions: The site is in a nearshore marine environment, although the action area extends into the critical habitat of Southern Resident Killer Whales, potential impacts would only occur during construction. These impacts are listed in the B.E. and would be ephemeral. Effects to PCE: None (2)Prey species of sufficient quantity, quality, and availability to support individual growth, reproduction, and development as well as overall population growth; Existing Conditions: See 1 above. Effects to PCE: None Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 60 1 I (3)Passage conditions to allow for migration, resting, and foraging. NMFS is gathering data to assist it in evaluating sound as a potential PCE. Existing Conditions: See 1 above. Effects to PCE: None Determination of Effect: May affect, not likely to adversely affect Conservation Measures: If any Southern Resident Killer Whales entered the action area of approximately 'h mile around the of the proposed overwater structure during construction, it could be temporarily disturbed. Construction will not be initiated if Southern Resident Killer Whales are present within the action area. In addition, construction activities will cease if Southern Resident Killer Whales comes within the mile action area around the project site. Marine Surveys & Assessments Habitat Management Plan: Orser PRF Project Pg. 61 Rich and Leslie Begert 529 11"'Ave. W. Kirkland WA 98033 August 6, 2014 Allan Borden Mason County Department of Community Development PO Box 279 Shelton WA 98584 Re: SHR2014-00012 Notice of Shoreline management permit. Dear Allan Borden: We are responding to the notice that we received regarding the application for development of a 115ft. pier at 6500 E Grapeview Loop Road, Grapeview WA. We own a house at 6580 E Grapeview Loop Road, Grapeview WA for the past 20 years. We oppose the development of a pier for the following reasons: 1. Negatively impacting the views of the natural landscape of the neighboring property owners. 2. Interfering with the access to the inlet of the cove. 3. Currently there are no piers in the entire North Bay until the City of Allyn. Permitting of this pier will lead to additional request for piers-Anthin the North Bay. Thank you for providing us notice and the opportunity to respond. Feel free to contact us directly for any additional questions or clarifications. I can be reached at richbe��comcast.net or at 206-669-6900. Sincerel, Rich Begert z 2 g OVIIN PIA'AMA a..-c'.���AUGAUG ��°�as'� � �,,,�„�. •..,..ter-'` lt� RECEIVED AUG 1 1 RECEIVED AUG 1 1 2014 ,424 WC CEDAR 5Tt .�. �� ��� 1/ Page 1 Allan Borden - New Proposed Dock in Case Inlet - SHR2014-00012 From: <susan.w.johnsongcomcast.net> To: "Allan Borden," <ahb@co.mason.wa.us> Date: 8/12/2014 9:46 AM Subject: New Proposed Dock in Case Inlet - SBR2014-00012 A 4 'c W.. CECAR S7 To: Mason County Department of Community Development Attn: Allan Borden, ahb(a-)-co.mason.wa.us From: Susan W Johnson, Property Owner at 6600 E. Grapeview Loop Road, Allyn WA Re: Shoreline Management Permit SHR2014— 00012 The following are our comments on the proposed installation of a 115 FT dock within Case Inlet as proposed per the Shoreline Permit noted above: 1. We oppose the installation of a fixed or floating dock out into the waters of Case Inlet per the Shoreline Permit request. 2. The installation of the dock will impose a navigational hazard to the shoreline on both sides of the property. Coming out of the small cove to the south and also from the properties to the north. 3. For decades the local residents have trolled for fish along the shoreline at high tide with their kids. The installation of this dock will limit that long standing tradition of use and pose a hazard for boating. 4. There are no other fixed or floating docks connected to the shoreline along this beach. This new dock will impede the views, use of the shoreline and be a navigational hazard. 5. My family has lived on our property for over 50 years and want to be able to continue to walk down the beach, along with the numerous other families on the beach, unimpeded by a large dock that would be impassable. Please do not grant this permit approval for the sake of all the families on this beach. Please confirm that you have received this email. Sincerely, Susan W. Johnson Ph. 360-27 -6505 SU M m e-f ell: 425-417- 8 file:///C:/Users/ahb/AppData/Local/Temp/XPgrpwise/53E9E26BMasom-nail... 8/12/2014 Page 1 of 2 Allan Borden - Objections to the granting of Permit SLC2014-0012 From: Gregory Rivers <grivers@steelheadadvisors.com> To: "ahb@co.mason.wa.us" <ahb@co.mason.wa.us> Date: 8/12/2014 11:18 AM Subject: Objections to the granting of Permit SLC2014-0012 Alan This email is in response to Peter Orser's permit application to install a 115 ft dock. It is being filed on behalf of Kristen Waugh and the Waugh Family who have held summer residence at 6600 E Grapeview Loop Road for over 60 years. While we want to respect Peter's right to do what he wants on his land, we would like to raise a few items to the shoreline commission to consider before ruling on the permit. Specifically,the presence of a 115ft dock off either property owned by Mr. Orser would: • Possibly make it difficult or impossible at certain tide levels for children along the northern beach to walk south along the beach to one of the most very popular land/water feature in the area,which is the passage way between the adjacent spit and shoreline where kids explore the mud flats, observe various sea life,wade across the outgoing or incoming tide, and expire the back lagoon. • Eliminate the ability to troll for salmon and cutthroat trout during the tide changes—this area just north of the mouth of the water passage between the spit and shoreline is one of the most productive fishing spots along the shore line from 6900 to 6400 Grapeview Loop Road. • Require kids in kayaks to navigate up to 80 feet away from shoreline to get to the spit and lagoon. • Introduce what we believe is an eye sore for all the people along the beach that have enjoyed the pristine natural view of the lagoon, spit and water passageway—now we will see at low tide a dry dock with possibly a dry boat and at higher tides a very large man made mass in the forefront of that pristine view. • Introduce a hazard for any non motorized vessel coming into and out of the lagoon since the very strong outgoing current pushes any vessel down the shoreline and into the dock's path. Finally, here is no other dock along the mile of beach outside the lagoon which has established a tradition for seasonal neighbors and tourist coming out of Allyn and Fair Harbor Marina by boat and kayak to cruise the coast at high tide and at night—this dock could become a danger for those who would be unsuspecting of the structure. We hope Peter can find satisfaction in mooring his boat through the use of a buoy and not a dock. And we trust the Shoreline Commission will take into consideration fully the environmental,social, historical and public safety implications of introducing the proposed structure. Thank you for your time in reading this. We are sorry we can not attend the hearing in person as we have two little children to attend to. Best regards Greg, Kristen, Braelyn and Abigail Rivers (Waugh) Gregory Rivers file:///C:/Users/ahb/AppData/Local/Temp/XPgrpwise/5 3 E9F 802Masonmail... 8/12/2014 Page 2 of 2 Managing Director 0:415-474-7206 1 M:415-290-3776 g_rivers@steelheadadvisors.com www.steelheadadvisors.com Steelhead Advisors uc 500 Washington Street,Suite 325 1 San Francisco,CA 94118 file:///C:/Users/ahb/AppData/Local/Temp/XPgrpwise/53E9F802Masonmail... 8/12/2014 - t 1 • 4•� rY a,,i�7 ^ed•��Mr� � '� '• �, •�- - ✓:ors• 22 R1 -'� 29 .f :g y ! .r` •I • i ., , •y ,- -6 .v , . c-t • T22 R1 `r 32 NJ�" • ( "p'& Iou AN@FK M.W. o o.@ Ia@08Um emrignmy ,a.,"�.. ..s. l �'_ r �Wi� v � .tiP+�� jd����� .l �` fir• ^iMt�R�� % _�:�t. •yam ,�?�ti.,--' --•,,.,�,- :3,,y"m'.- .,jam 4 ,Ft �� /' .� s' ,•. err. 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