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HomeMy WebLinkAboutHydraulic Project Application - PLN General - 10/8/1996 6TATd•O� o '►y1 ' aoy is State of Washington DEPARTMENT OF FISH AND WILDLIFE Mailing Address: 600 Capitol Way N•Olympia,WA 98501-1091 •(360)902-2200,TDD(360)902-2207 Main Office Location: Natural Resources Building• 1111 Washington Street SE•Olympia,WA October 8, 1996 Blue Heron Condominiums c/o David J. Greene 11715 Southeast 5th, #100 Bellevue, Washington 98005 SUBJECT: Hydraulic Project Application - Pile Driving & Float Expansion - Hood Canal, Tributary to Admiralty Inlet, Section 33, Township 22 North, Range 03 West, Mason County, WDFW Log No. 00-C6431-01, WR 4, 14.MARI . Dear Mr. Greene: The Washington Department of Fish and Wildlife (WDFW) received the above-referenced Hydraulic Project Application on September 4, 1996, and inspected the site of the proposed project on October 2, 1996, but we are unable to complete processing at this time for the following reason: Incomplete Application - Additional information is required WDFW has reviewed the plans and specifications for the proposed project and has determined that they do not provide adequate protection for fish life. Information synthesized from recent studies indicates that the shadow cast by overwater and.floating structures located in the intertidal and shallow subtidal habitats can result in the loss of eelgrass. This shadow can also reduce the productivity of food organisms important to juvenile salmonids and marine fish. In addition, this shadow disrupts juvenile salmomd migration along the shoreline. These small fish avoid dark areas under overwater and floating structures, and are forced offshore into deeper waters where they are more , susceptible to predation. Finally, fish that prey upon juvenile salmonids are attracted to the habitat provided by overwater and floating structures. To avoid these adverse impacts, overwater and floating structures should avoid eelgrass (Washington Administrative Code, WAC 220-110-300(3)). The proposed structures are located on the beach such that a marine vegetation inspection cannot be undertaken by WDFW during a daylight low tide until next spring. This inspection may be undertaken for the applicant by a qualified biologist approved by WDFW during the interim. If eelgrass is found in the vicinity of the proposed float expansion, WDFW will require that the location and configuration of the structures include a 10 foot non-vegetated buffer between any eelgrass and the floats. Criteria for an intermediate eelgrass inspection and a list of qualified biologists are enclosed for your convenience. In addition, structures located between ordinary high water and -10 feet (mean lower low water = 0.0 feet) should be constructed so that solid decked areas are limited in width (WAC 220-110-300(5)). This can be accomplished by: A. Restricting the width of the proposed structures to 8 feet; or B. Covering any additional width of the structure with grating material that will allow light to reach the habitat below. This grated area should therefore not be used for storage purposes; or David J. Greene . October 8, 1996 Page 2 C. Construction of the structure using alternating bands of decking and grating. The alternating bands should be equal in width and each band of decking and grating should be a maximum of 8 feet in width. As we indicated above, any additional structural width should be grated to minimize the impact. Decked surfaces greater than 8 feet in width, located in the intertidal and shallow subtidal zones, can result in significant habitat damage and may require mitigation. Mitigation for damage to these habitats is usually difficult and expensive. Therefore, it is generally better to minimize any unavoidable habitat damage. Numerous studies have shown that certain benthic and epibenthic invertebrates found.in shallow water habitats seem to be ideal/ suited as re for juvenile salmonids d y prey � an resident juvenile marine fish because of their.high visibility, size, and abundance. WDFW is concerned about adverse impacts to these juvenile salmonid and marine fish food resources p � resulting from floating structures grounding out on the beach. In an effort to minimize the impacts from such grounding, floats and rafts should not ground on surf smelt, Pacific sand lance, rock sole or Pacific herring spawning beds. In all other areas no more than 20 percent of the float within the beach area should ground at any time. Those portions of the float that will ground should be constructed to align parallel to the shore and provide a minimum of 8 inches clearance between the beach area and non- grounding portions of the float (WAC 220-110-300(1)). In addition, floatation for the structure shall be fully enclosed and contained to prevent the breakup or loss of the floatation material into the water (WAC 220-110-300(8)). WDFW is also concerned about the use of creosote and other wood preservatives in the aquatic environment. The primary concern with the use of treated wood products in the aquatic environment is the actual and potential loss of toxic and persistent chemicals.. In the aquatic environment, these chemicals may cause and/or contribute to potential adverse biological effects and the degradation of the surrounding habitat. Due to these factors, WDFW requests that alternative materials including concrete, steel, or recycled plastic piles be used. The additional cost of these alternatives can be offset by their benefits. These include: longer product life, increased structural support capability, reduced disposal costs, lower costs of driving, and fewer piles. WDFW requests that these alternatives be utilized to reduce adverse effects on fish life. We appreciate your cooperation in our efforts to protect, perpetuate and manage the fish resources of the State of Washington. If you have any questions regarding the status of your application, please call me at (360) 664-4671. Sincerely, Neil Rickard Area Habitat Biologist Habitat Program NR:nr:Oct96 October 22, 1996 TO: Mason County Board of Commissioners FROM: Planning staff - Hugo R. Flores RE: Shoreline Substantial Development Permit STAFF REPORT I. Introduction. This reports evaluates the addition of 954 square ft of floats to an existing float and fixed pier on Hood Canal. H. Applicant. Blue Heron Condominium Association. Authorized representative is David G. Greene. III. Property Location. E 6520 State Route 106, Union. Range 3W, Township 22N, Section 33. IV. Project Description. The addition of 954 square feet of floats will consist of three structures: a 10 ft by 30 ft totaling 300 square ft; a 6 ft by 14 ft totaling 84 square ft; and a 10 ft by 57 ft totaling 570 square ft. The new float structures will be supported by six Chemonite treated pilings. V. Evaluations. A. Characteristics of the site. There is an existing pier-ramp-float facility connected to a rock bulkhead. There are no residences on site. The site is used for recreational purposes. B. Characteristics of the area. Properties adjacent to the east and west have floats attached to the beach substrate with no pilings. The beach is composed of gravels and small cobbles. The high water mark reaches to the base of the existing rock bulkhead. C. Shoreline Designation. The shoreline designation of the site is Urban Residential. Hood Canal is a Shoreline of Statewide Significance. Consideration should be given to the Chapter 7.24.010 criteria concerning the interests of all of the people. VI. SEPA Compliance. A Determination of Nonsignificance was issued on September 10, 1996. Comments from the Washington State Department of Fisheries and Wildlife (WDFW), and Washington State Department of Ecology (DOE) were received. WDFW termed the application as incomplete because the project does not provide adequate protection for fish life. There are concerns about the shadow cast effects by overwater and floating structures on eelgrass beds, on the productivity of food organisms important to juvenile salmonids and marine fish, and on the juvenile salmon migration along shoreline. Also, fish that prey upon juvenile salmonids are attracted to the habitat provided by overwater and floating structures. WDFW recommends avoidance of eel grass beds. A determination of the existence of eelgrass needs to be conducted. If eelgrass are found in the vicinity of the proposed float expansion, WDFW will require that the location and configuration of the structures include a 10 ft non-vegetated buffer between any eelgrass and the floats. There are other concerns that applicant will have to address with WDFW when applying for a HPA. DOE comments were that the agency was not able to evaluate project without an adequate site plan. Applicant was addressing this issue with DOE. The U.S. Army Corps of Engineers will be reviewing this project under Section 10 of the Rivers and Harbors Act. The Department of Community Development received a letter from Mr. Ray T. Hanson agreeing that the addition of new floats is needed to accommodate the number of people residing in the condominiums. However, he indicated that the total length of the existing facility is 100 ft and that the addition of the requested square footage will exceed the maximum length allowed (115 ft). DCD staff went to site and measured total length of facility at 94 ft. Proposed project will add 24 linear ft. Computations indicate that proposal will exceed maximum allowable length by 3 ft. VH. Other Permits. This proposal will require a Mason County Shoreline Substantial Development Permit, a Building Permit and a State Hydraulic Permit. VIH. Analysis. This permit requires a Substantial Development Permit under Chapter 7.16.170 (Piers and Docks) of the Mason County Shoreline Master Program. Applicable Policies are: 1. Piers and docks should be designed and located to minimize obstructions of views and conflicts with recreational boaters and fishermen. 2. Cooperative uses of piers and docks are favored, especially in tidal waters. 3. The type, design, and location of docks and piers should be compatible with the shoreline areas where they are located. Consider shoreline characteristics, tidal action, aesthetics, and adjacent land and water uses. Applicable Use Regulations are: 1. The location and design of piers and docks, as well as subsequent use, shall minimize adverse effects on fish, shellfish, wildlife, and water quality. 2. Docks and piers shall be located, designed and operated to not significantly impact or unnecessarily interfere with the rights of adjacent property owners or adjacent water uses. Structures shall be located a minimum of five feet from side property lines, or community or joint-use facilities may be located on the property line. 7. Maximum overall length of a recreational pier or dock facility including float shall be only so long as to obtain a depth of three feet of water as measured at mean lower low water on salt water. The length of any pier or.dock facility shall not exceed the lesser of 15 percent of the fetch or 100 feet from OHWM on salt water. Joint or community use facilities may be an additional 15 feet in length and shall not exceed a depth of minus 5 feet. i 8. Only one dock is allowed per lot. 9. The width of recreational piers and docks shall not exceed eight feet. 10. At the end of a dock or pier, a float may be attached, arranged parallel to the dock or pier, or to form a "T' or "L". In tidal water, the float shall not exceed 400 gross square feet without a boat slip or 600 gross square feet with a boat slip. 13. Recreational piers shall be no higher than 11 feet above the mean higher high water mark. Piers and docks shall have at least an eight-foot span between pilings. 14. The surface of floating structures shall be a minimum of eight inches above the surface of the water. 15. All floating structures shall include intermittent supports to keep structures off of the tidelands at low tide. IX. Conclusions. A Substantial Development Permit is required based on the value of the proposal which exceeds $2500. As designed, this proposal is consistent with the Shoreline Management Act and Mason County Shoreline Master Program, subject to the following condition: 1. Applicant shall make the necessary structural changes to meet and not to exceed the total maximum length allowable of 115 ft. 2. Applicant shall follow the recommendations and requirements to secure a IIPA from Washington State Department of Fisheries and Wildlife. 3. The use of pressure-treated wood piling is approved for use in this project, provided that the supplier certifies in writing that appropriate best management practices have been employed in its production; and that the material is free of excessive surface residue prior to installation; and the material is "fixed" in the case of arsenical treated material or "cleaned and dry" in the case of creosote or oil-borne treated material. This certificate shall state the purchaser's name and shall be provided to Mason County prior to construction. X. Choices of Action. 1. Approve the SDP request. 2. Deny the SDP request. 3. Conditionally approve the SDP request. 4. Postpone decision for further information. 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