HomeMy WebLinkAboutSHR2009-00003 - SHR Permit / Conditions - 7/21/2009 STAT RECEIVED
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STATE OF WASHINGTON
MCCD - PLANNIN(
DEPARTMENT OF ECOLOGY
PO Box 47775 • Olympia, Washington 98504-7775 • (360) 407-6300
July 21, 2009
Jack Van Horn
26314 Long Oak Drive
Santa Clarita CA 91321
Dwight Sasten
1827 Rolling Hills Avenue SE
Renton WA 98055-3718
Subject: Mason County Local Permit#SHR2009-00003 - Approved
VAN HORN, JACK/SASTEN, DWIGHT - Applicants
Shoreline Substantial Development Permit#2009-SW- 03550
Dear Mr. Van Horn and Mr. Sasten:
Purpose: Notification of Receipt of Approved Substantial Development Permit(SDP)
On 7/16/2009, the Department of Ecology received notice that Mason County approved your
application for a Substantial Development Permit. Your permit authorizes the expansion of an
existing single use pier, ramp and float from 100-feet long to a 115-feet long joint-use facility by
adding an 8-foot by 7-foot float extension to the existing float, and an 8-foot by 32-foot float as
an'L'. All work will occur within shoreline jurisdiction of Case Inlet/South Puget Sound
(Chapter 90.58, RCW).
By law, local governments must review all SDPs for compliance with the following:
• The Shoreline Management Act(Chapter 90.58 RCW)
• Ecology's Substantial Development Permit approval criteria (Chapter 173-27-150 WAC)
• The Mason County Shoreline Master Program
Local governments, after reviewing the SDP for compliance, are required to submit the SDPs to
Ecology for filing.
Your approved SDP has been received and filed by Ecology.
t
What Happens Next?
Before you begin activities authorized by this permit,the law requires you to wait at least 21
days from the date we received the decision letter from County/City on 7/16/2009. This waiting
period allows anyone who (including you)disagrees with any aspect of this permit,to appeal the
decision to the state Shorelines Hearings Board. You must wait for the conclusion of an appeal
before you can begin the activities authorized by this permit.
If no appeal is submitted you may begin activities any time after 8/6/2009.
The Shorelines Hearings Board will notify you by letter if they receive an appeal. We
recommend,however, you contact the Shorelines Hearings Board before you begin permit
activities to ensure no appeal has been received. They can be reached at(360)459-6327 or
hgp://www.eho.wa.gov.
If you want to appeal this decision, you can find appeal instructions(Chapter 461-08 WAC)at
the Shorelines Hearings Board website above. They are also posted on the website of the
Washington State Legislature at: http://apps.leg.wagov/wac.
Other federal, state and local permits may be required in addition to this shoreline permit.
If you have any questions,please contact Kim Van Zwalenburg at (360) 407-6520.
Sincerely,
AL V
Kim Van Zw a urg
Shoreline Planner
Shorelands and Environmental Assistance Program
KV:dn
cc: Grace Miller, Mason County
Angela Butts, Marine Floats
�601; cop��� MASON COUNTY Shelton (360) 427-9670
DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467
Planning Elma (360) 482-5269
Mason County Bldg. 1 411 N.5th
P.O.Box 279 Shelton,WA 98584
Sf
July 14, 2009
NOTICE OF FINAL DECISION
Case Number: Shoreline Permit#SHR 2009-00003
Applicants: John VanHorn and Dwight Sasten
Notice is hereby given that the John VanHorn and Dwight Sasten, applicants for the
above referenced Shoreline Substantial Development Permit, have been granted
conditional approval for the project. The Decision was dated 7/8/09 and approves the
permit by the Hearing Examiner.
The request for the Shoreline Permit was approved pursuant to the Mason County
Development Regulations specifically for the proposed expansion of and existing pier,
ramp and float facility and for the change to two joint-use owners within the shoreline
jurisdiction of Case Inlet.
If you have any questions or require clarification on this issue please contact Grace
Miller, Planner with the Mason County Department of Community Development at(360)
427-9670,x 360.
This is a final decision. No further appeals to the County are available. Appeals may be
made to the appropriate state administrative agency or superior court pursuant to RCW
36.70C. It is the appellant's responsibility to meet all legal requirements of any appeal
process.
MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
Planning Division
P O Box 279
Shelton,WA 98584
(360)427-9670
SHORELINE PERMIT
Case No.: SHR2009-00003 STATUS: ISSUED
Received: 3/24/2009 Issued: 7/10/2009 Expires: 7/10/2011
Tvne of Permit: Sub. Dev.
Applicant: JOHN VANHORN A^'D _9w'4rk-r SA-sT�N
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Location of Project: Grapeview Loop Rd. to Conquist Rd. to address.
Within Case Inlet and/or its associated wetlands. The projectwill not be
within shorelines of statewide significance.
Shoreline Designation: Urban
Parcel Number: 122324001040 oii l yo_gto5/
Address: 390 E CRONQUIST RD ALLYN
Legal Description: TR 4 OF GOUT LOT 3 & TAX 1140
Project Description: Expansion of an existing pier, ramp and float system. The development
includes extension of the existing length and size of an existing pier, ramp
and float facility and changing the use from one single family residence to
joint-use by adding one adjacent property. The expansion will include the
construction of an 8' X 7' float as an extension of the existing 8' X 24' float
and construction of an 8' X 32' float at an "L" to the 8' X 7' float extension.
Install 3 chemonite treated wood piling.
CONDITIONS: Aq�uAer th :�4agrerorf.
This permit has been granted by Mason County persuant to the Shoreline Management Act of 1971
and nothing in this permit shall excuse the applicant from compliance with any other federal, state or
local statutes, ordinances or regulations applicable to this project but not inconsistent with the
Shoreline Management Act. (Chapter 90.58 RCW).
This permit may be rescinded pursuant to RCW 90.58.140(7) in the event the permittee fails to
comply with the terms and conditions hereof.
SHR2009-00003 Paae 1 of 1
C7
1 CtTi
BEFORE THE HEARING EXAMINER FOR MASON COUNTY r--
2 -0 _o M
N
3 RE: Jack VanHom & Dwight Z o
Sasten FINDINGS OF FACT, CONCLUSIONK CAD
4 OF LAW AND FINAL DECISION z
5 Shoreline Substantial
Development Permit
6 (SHR2009-00003)
7 INTRODUCTION
8 The applicant has applied for a shoreline substantial development permit to the
9 expansion of an existing single use 100' long pier, ramp, and float to a 115' long,
joint-use pier, ramp, and float. The Examiner approves the application, subject to
10 conditions.
11 TESTIMONY
12 Lori Snyder—Representative of Jack VanHorn and Dwight Sasten
13
Ms. Snyder stated that she agrees with the staff report, including the recommended
14 conditions. An HPA has been received from the Department of Fish and Wildlife.
Also, Mr. Van Horn is in ill health, and the waterfront dock will help him enjoy the
15 property.
16 EXHIBITS
17
See the Mason County Department of Planning Staff Report, prepared by Grace
18 Miller, dated June 9, 2009, for a full list of exhibits presented.
19 FINDINGS OF FACT
20 Procedural:
21 1. Applicant. The applicants are Jack VanHorn and Dwight Sasten.
22 2. Hearing. The Hearing Examiner conducted a hearing on the subject
application on June 23, 2009, at 1:00 p.m. in the Mason County Commissioners
23 Meeting Room.
24
Substantive:
25
3. Project/Site Description. The proposal is to construct the expansion of an
existing single use 100' long pier, ramp and float to a 115' long,joint-use pier, ramp
Shoreline Substantial Development P. 1 Findings, Conclusions and Decision
PA0696528.DOC;1/13009.900000/}
and float. The expansion includes an 8' X 7' float as an extension of an existing 8' X
1 24' float and construction of an 8' X 32' float at an 'L" to the 8' X 7' float extension.
2 Install three (3) chemonite treated wood piling. Both subject parcels have existing
single family residences on high bank waterfronts. The VanHorn's parcel has a single
3 use 100' long dock with eight piling that was permitted in 2006 under Shoreline
Permit#SHR2006-00011. The expansion is proposed for this pier with the addition of
4 adding their neighbor to the south as a joint-use owner. There are wooden stairs on
the VanHorn lawn winding alongside the rock retaining walls down to the beach. At
5 the bottom of the stairs there is a gravel landing and a concrete bulkhead
6 4. Characteristics of the Area. There are several single-family residences in
7 the area. The residential use appears to be a mix of permanent and vacation homes.
High bank waterfront homes are immediately north and south of the project site.
8 There are three pier-ramp-floats (PRF) to the north and approximately 9 chain
anchored recreational floats in view with 4 of them being to the south of this project.
9
10 5. Adverse Impacts of Proposed Use. No adverse impacts are discernable
from the record. As noted in the biological evaluation (Ex. 6), as designed the project
1 1 will not create any adverse impacts to aquatic habitat or wildlife. The floats will be
grated to allow passage of light and will not be located over any microalgae. Float
12 stops will prevent grounding of the floats during low tide and construction times are
limited to avoid conflicts with fish spawning. The nominal aesthetic impacts of the
1' proposed extension are more than compensated for by the joint use proposal, which
14 will eliminate the need for another float structure.
1.5
CONCLUSIONS OF LAW
16
Procedural:
17
18 1. Authority of Hearing Examiner. MCC 15.03.050(10) authorizes the
Examiner to review and issue a final decision regarding shoreline substantial
19 development permit requests.
20 Substantive:
21 2. A Shoreline Substantial Development Permit is required for this project
because structures involved in the proposal exceed $5,000 in value (according to the
✓� Staff Report) and the project is located within an Urban Residential shoreline
3 environment. Under MCC 15.09.055(f)(2)(c), the Examiner must make a Decision
on a Shoreline Substantial Development Permit application upon the policies and
24 procedures of the Mason County Shoreline Master Program. As noted in the Staff
Report, this application qualifies as Piers and Docks under Mason County Shoreline
Master Program, and the applicable policies for these uses are quoted and applied
Shoreline Substantial Development p. 2 Findings, Conclusions and Decision
{PAo696528.DOC;1/13009.900000/}
below. Finally, the generic review criteria for all Mason County permits reviewed by
1 the Hearing Examiner, MCC 15.09.055(C) also apply and are addressed below.
Mason County Comprehensive Plan, Chapter IX Piers & Docks Regulation No.
3 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.
4
3. As stated in the biological evaluation, the shoreline environmental impacts
5 of this structure are insignificant.
6 Mason County Comprehensive Plan, Chapter IX Piers & Docks Regulation No.
7 2: Docks and piers shall be located, designed and operated to not significantly impact
or unnecessarily interfere with the rights of adjacent water uses. Structures shall be
8 located a minimum of five feet from side property lines. Community use or joint use
9 facilities may be located on the property line.
1 4. The proposal does not appear to be designed to significantly impact or
unnecessarily interfere with the rights of the adjacent property owners or adjacent
1 1 water uses. Where the existing PRF leaves the uplands and begins over the water, it is
located approximately 30' from the southern shared property line with the joint-use
12 owner. The PRF is located approximately 15' from the northern property line. The
end float appears to be close to the shared projected property line of the joint use
1 owners.
14
Mason County Comprehensive Plan, Chapter IX Piers & Docks Regulation No.
15 3: No pier or dock or float or similar device shall have a residential structure
constructed upon it.
16
S. No residential structure is proposed.
17 i
18 Mason County Comprehensive Plan, Chapter IX Piers & Docks Regulation No.
7: Maximum overall length of a recreational pier or dock facility including float shall
19 be only as long 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
20 exceed the lesser of 15 percent of the fetch or 100 feet from OHWM on salt water.
21 Joint or community use facilities may be an additional 15 feet in length and shall not
exceed a depth of five(-5)feet. When sufficient depth to serve a vessel is not found at
these lengths, a recreational float, with one boat slip, may be located at a depth
�J sufficient to serve the vessel, but not exceeding minus eight(-8)feet as measured from
23 lower low water, on marine shores.
74 6. The total length of the proposed PRF expansion is 115' from the concrete
bulkhead. The depth of the water at mean lower low water at the end of the structure
2> is at 0.5 tidal elevation which is not as far out as a—3 foot tide.
Shoreline Substantial Development p. 3 Findings,Conclusions and Decision
{PA0696528.DOC;1/13009.9000000
Mason County Comprehensive Plan, Chapter IX Piers & Docks Regulation No.
1 8: Only one dock is allowed per lot.
7. There will not be more than one facility for both joint-use parcels.
3
Mason County Comprehensive Plan, Chapter IX Piers & Docks No. 9: The width
4 of recreational piers and docks shall not exceed eight feet.
5 8. The widths do not exceed 8' except in that portion of the site plan on the
southeast corner of the proposed float expansion where it joins the new 'V' shaped
float.
7
Mason County Comprehensive Plan, Chapter IX Piers & Docks Regulation No.
8 10: At the end of a pier or dock afloat may be attached. These floats may either be
parallel to the dock or pier,or form a "T" or an "L". In tidal water, the float shall
not exceed 400 gross square feet without as boat slip (700 square feet for two joint
10 use owners) or 600 gross square feet with a boat slip (1000 square feet for two joint
use owners).
11
9. The end float's area is 256 square feet in size. The expansion area to the
12 existing float is stated as 8' X 7' in size or 56 square feet although it is shown slightly
larger on the site plan. The existing float is 192 square feet in size. The existing float
1' will be enlarged to a total of 248 square feet in size. The total float area proposed is
14 504 square feet within the narrative and larger on the site plan. They are allowed up
to 700 square feet for joint use for the float.
1.5
Mason County Comprehensive Plan, Chapter IX Piers & Docks Regulation No.
16 13: Recreational piers shall be no higher than 11 feet above mean higher high water.
17 Piers and docks shall have at least an 8'span between pilings.
18 10. The pilings do not appear to be higher than 11 feet above the NVIHHW. The
pilings span is more than 30' on the end float.
19
Mason County Comprehensive Plan, Chapter IX Piers & Docks Regulation No.
20 14: The surface of floating structures shall be a minimum of eight inches above the
21 surface of the water.
22 11. As configured, intermittent supports are greater than eight inches.
23 Mason County Comprehensive Plan, Chapter IX Piers & Docks Regulation No.
15:All floating structures shall include intermittent supports to keep the structures off
24 the tidelands at low tide.
25 12. Intermittent supports are included in this proposal.
Shoreline Substantial Development p. 4 Findings, Conclusions and Decision
{PA0696528.DOC;1/13009.900000/)
i
Mason County Comprehensive Plan, Chapter IX Piers & Docks Regulation No.
1 16: All structures shall be constructed and maintained in a safe and sound condition.
2 Abandoned or unsafe docks and piers shall be removed or repaired promptly by the
owner.
3
13. The above regulation is addressed in the conditions for approval.
4
Mason County Comprehensive Plan, Chapter IX Piers & Docks Policy No. 1:
Piers and docks should be designed and located to minimize obstruction of views and
6 conflicts with recreational boaters and fishermen.
7 14. The proposed expansion will not impact view corridors or conflict with
recreational boaters or fisherman because three similar structures already exist to the
8 north and the applicant is only proposing an expansion of an existing facility with no
discernable adverse aesthetic or use impacts.
9
10 Mason County Comprehensive Plan, Chapter IX Piers & Docks Policy No. 2:
Cooperative uses of piers and docks are favored, especially in tidal waters.
11
15. This request for expansion includes the proposed use by a second property
12 of the PRF facility, and as such will be a cooperative use.
13 Mason County Comprehensive Plan, Chapter IX Piers & Docks Policy No. 3:
14 The type, design and location of docks and piers should be compatible with the
shoreline area where they are located. Consideration should be given to shoreline
15 characteristics, tidal action, aesthetics, adjacent land and water uses.
16 16. The floats have stops that will prevent them from grounding out and
disturbing the beach. The ramp and float are grated to minimize shading of the
1 aquatic environment. The proposal is compatible with the adjacent land and water
18 uses as noted in policy no. 1. There are two similar PRF structures located within 150
feet and the applicant only proposes to expand an existing facility. The joint use
19 proposal eliminates the need for an additional PRF, thereby further enhancing the
aesthetic impacts of the proposal. As such, the design and location of the project are
20 compatible with the surrounding shoreline area.
21 Mason County Comprehensive Plan, Chapter IX Piers & Docks Policy No. 4:
22 Priority should be given to the use of community piers and docks in all new
waterfront subdivisions. In general, encouragement should be given to the
23 cooperative use of piers and docks.
24 17. This request for expansion includes the proposed use by a second
25 property, and as such will constitute cooperative use of the pier and dock.
Shoreline Substantial Development p. 5 Findings, Conclusions and Decision
(PA0696528.DOC;1/13009.900000/)
Mason County Comprehensive Plan, Chapter IX Piers & Docks Policy No. 5:
1 Mooring buoys and floats are preferred over piers and docks.
113. Although mooring buoys and floats are preferred, policy 5 does not
3 prohibit PRF's. There are number of chain anchored floats to the south of this site.
4
MCC 15.09.055(C): Required Review: The Hearing Examiner shall review
proposed development according to the following criteria:
6 1. The development does not conflict with the Comprehensive Plan and meets
7 the requirements and intent of the Mason County Code, especially Title 6, 8, and 16.
8 2. Development does not impact the public health, safety and welfare and is
in the public interest.
9
1 3. Development does not lower the level of service of transportation and/or
neighborhood park facilities below the minimum standards established within the
1 l Comprehensive Plan.
12 19. As noted in the Staff Report, the project does not conflict with the
Comprehensive Plan. Title 16 does not apply to the project. SEPA review has
1' already been completed for the project, and MDNS has been issued. As discussed at
14 length in other parts of this decision, all adverse impacts have been mitigated under
the conditions of approval and the project will provide for private benefits to the
15 property owners. For these reasons, the project is not adversely impact the public
health, safety and welfare and is in the public interest. As further noted in the Staff
16 Report, the proposal will not lower the level of service of transportation and/or
neighborhood park facilities below the minimum standards established within the
1 Comprehensive Plan.
18 DECISION
19
The Shoreline Substantial Development Permit is approved, subject to the conditions
20 of approval recommended by staff in the June 9, 2009 Staff Report.
21
22- Dated this 8th day of July, 2009.
23
24
Phil A. Olbrechts
25 Mason County Hearing Examiner
Shoreline Substantial Development p. 6 Findings, Conclusions and Decision
1 PA0696528.DOC;1/13009.90000011
June 9,2009 EXHIBIT 1
TO:Mason County Hearings Examiner
FROM:Planning staff,Grace Miller
RE: Shoreline Substantial Development Permit#SHR2009-00003 request by Jack VanHom and Dwight
Sasten.
STAFF REPORT
I. APPLICANT.The applicants are Jack VanHorn and Dwight Sasten.Their representative is
Marine Floats Corporation.
Il. PROPERTY LOCATION.The properties are located at 380 and 390 East Cronquist Road,
Grapeview.The properties view is east,across Case Inlet,Puget Sound.
III. LEGAL DESCRIPTION.SE Quarter of Section 32,Twn 22 N,R 1 West.Longitude 47 21'05"
NI122,Lattitude 49'34"W. Parcel Numbers 1223240-01040 and 1 2232-40-904 6 1.
41031.
IV. EVALUATION.
PROPOSAL:The proposal is to construct the expansion of an existing single use 100' long pier,
ramp and float to a 115'long,joint-use pier,ramp and float.The expansion includes an 8'X 7'
float as an extension of an existing 8'X 24' float and construction of an 8'X 32'float at an"L"to
the 8'X 7' float extension.Install three(3)chemonite treated wood piling.
A. Characteristics of the site:Both parcels have existing single family residences on high bank
waterfront.The VanHorn's parcel has a single use 100' long dock with eight piling that was
permitted in 2006 under Shoreline Permit#SHR2006-00011.The expansion is proposed for
this pier with the addition of adding their neighbor to the south as a joint-use owner.There are
wooden stairs on the VanHorn lawn winding alongside the rock retaining walls down to the
beach.At the bottom of the stairs there is a gravel landing and a concrete bulkhead.
B. Characteristics of the area:There are several single-family residences in the area.The
residential use appears to be a mix of permanent and vacation homes.High bank waterfront
homes are immediately north and south of the project site.There are three pier-ramp-floats
(PRF)to the north and approximately 9 chain anchored recreational floats in view with 4 of
them being to the south of this project.
C. Shoreline Master Program Designation.The shoreline designation of the site is Urban
Residential.
D.Comprehensive Plan.The Mason County Comprehensive Plan designation for the site is Rural.
E. Zoning. The parcel is zoned Rural Residential 5.
V. SEPA Compliance:A Mitigated Determination of Nonsignificance was issued on May 7,2009.
No comments were received.
V1. Other Permits:The proposal will require a Mason County Building Permit and a Mason
Environmental Permit. The Washington State Dept of Fish&Wildlife will require Hydraulic
1
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VII. Project Approval,Washington Dept of Ecology Water Quality Protection Concurrence,and US
Army Corps of Engineers approval.The Habitat Management Plan was sent to the Dept of Fish
and Wildlife and the Squaxin Island Tribe for comment.No comments were received.
VIII. ANALYSIS.Per the Mason County Shoreline Master Program,this proposal requires a Shoreline
Substantial Development Permit due to the cost exceeding$5,718.00.The proposal is for the
expansion of floats to a PRF within an Urban Residential shoreline environment.
Applicable Piers and Docks Policies and Use Regulations follow:
POLICIES:
1. Piers and docks should be designed and located to minimize obstruction of views and
conflicts with recreational boaters and fishermen.
The proposed expansion may not impact view corridors or conflict with recreational boaters or
fisherman because three similar structures already exist to the north.
2. Cooperative uses of piers and docks are favored,especially in tidal waters.
This request for expansion includes the proposed use by a second property of the PRF facility.
3. The type,design and location of docks and piers should be compatible with the shoreline area
where they are located.Consideration should be given to shoreline characteristics,tidal
action,aesthetics,adjacent land and water uses.
The floats have stops that will prevent them from grounding out and disturbing the beach.The
ramp and float are grated to minimize shading of the aquatic environment.The proposal is
compatible with the adjacent land and water uses as noted in policy no. 1.There are two similar
PRF structures located within 150 feet.
4. Priority should be given to the use of community piers and docks in all new waterfront
subdivisions.In general,encouragement should be given to the cooperative use of piers and
docks.
This request for expansion includes the proposed use by a second property.
5. Mooring buoys and floats are preferred over piers and docks.
Although mooring buoys and floats are preferred,policy 5 does not prohibit PRF's. There are
number of chain anchored floats to the south of this site.
USE REGULATIONS:
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.
As stated in the biological evaluation,the shoreline environmental impacts of this structure are
minimal.The expansion of the PRF should not pose a threat to natural resources.No significant
environmental threat has been identified. Subsequent use,such as boating,swimming and fishing
will not be greater than what already occurs on the site;therefore,the adverse impacts should not
increase substantially.
2
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2. Docks and piers shall be located,designed and operated to not significantly impact or
unnecessarily interfere with the rights of adjacent water uses. Structures shall be located a
minimum of five feet from side property lines.Community use or joint use facilities may be
located on the property line.
The proposal does not appear to be designed to significantly impact or unnecessarily interfere with
the rights of the adjacent property owners or adjacent water uses.Where the existing PRF leaves
the uplands and begins over the water,it is located approximately 30' from the southern shared
property line with the joint-use owner.The PRF is located approximately 15' from the northern
property line.The end float appears to be close to the shared projected property line of the joint
use owners.
3. No pier or dock or float or similar device shall have a residential structure constructed upon it.
No residential structure is proposed.
7. Maximum overall length of a recreational pier or dock facility including float shall be only as
long 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 five(-5)feet.
When sufficient depth to serve a vessel is not found at these lengths,a recreational float,with
one boat slip,may be located at a depth sufficient to serve the vessel,but not exceeding
minus eight(-8)feet as measured from lower low water,on marine shores.
The total length of the proposed PRF expansion is 115'from the concrete bulkhead. The
depth of the water at mean lower low water at the end of the structure is at 0.5 tidal elevation
which is not as far out as a—3 foot tide.
8. Only one dock is allowed per lot.
There will not be more than one facility for both joint-use parcels.
9. The width of recreational piers and docks shall not exceed eight feet.
The widths do not exceed 8' except in that portion of the site plan on the southeast comer of the
proposed float expansion where it joins the new"L"shaped float.
10. At the end of a pier or dock afloat maybe attached.These floats may either be parallel to the
dock or pier,or form a"T"or an"L". In tidal water,the float shall not exceed 400 gross
square feet without as boat slip(700 square feet for two joint use owners)or 600 gross square
feet with a boat slip(1000 square feet for two joint use owners).
The end float's area is 256 square feet in size.The expansion area to the existing float is stated as
8'X 7' in size or 56 square feet although it is shown slightly larger on the site plan.The existing
float is 192 square feet in size.The existing float will be enlarged to a total of 248 square feet in
size.The total float area proposed is 504 square feet within the narrative and larger on the site
plan.They are allowed up to 700 square feet for joint use for the float.
13. Recreational piers shall be no higher than 11 feet above mean higher high water.Piers and
docks shall have at least an 8'span between pilings.
3
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The piling do not appear to be higher than 11 feet above the MHHW.The pilings span is more
than 30' on the end float.
14. The surface of floating structures shall be a minimum of eight inches above the surface of the
water.
As configured,intermittent supports are greater than eight inches.
15. All floating structures shall include intermittent supports to keep the structures off the
tidelands at low tide.
Intermittent supports are included in this proposal.
16. All structures 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.
The above regulation is addressed in the conditions for approval.
Based upon these policies and use regulations,the project conforms to the Mason County
Shoreline Master Program.The location and design of the pier facility's expansion does not
appear to impact adjacent residences views of the shoreline.The applicant's representative has
indicated that the float and ramp have been configured to pose little or no threat to natural
resources and no eelgrass will be impacted by the structure.The biological evaluation identifies no
significant environmental threat from this proposal.The expansion of the existing pier,ramp and
float is at a total length of 115' which is the maximum allowed length for joint use and to a—0.5'
tidal elevation which is above a—3.
The proposed width is 6'pier,4'ramp and 8' floats.The float surface forms a"T"shape as
allowed and the area is 318'square feet on first float and 160 square feet on each of the other
floats,for a total 638 square feet.This is less than the maximum 700 square feet allowed for joint
use owners.The pier is no higher than I I'above MHHW and over an 8' span between the piling.
IX. CONCLUSION:
Public comments in support of the proposal were received from a neighbor who owns two parcels in the
area.Based upon the policies and regulations,the project appears to be consistent with the Mason County
Shoreline Master Program Piers and Docks Section.
Staff recommends approval of the proposal subject to the following conditions:
1. 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.
2. Water quality is not to be degraded to the detriment of the aquatic environment as a result of
this project.
3. Recreational piers shall be no higher than 11 feet above mean higher high water.Floatation for
the structure shall be entirely enclosed and contained to permanently prevent the breakup or
loss of the floatation material into the water.Orient the floatation so that it does not obstruct
the grating.
4. Pressure treated wood must be completely dry prior to placement in water.Use of creosote or
pentachlorophenol is prohibited.Install plastic wear strips between the float and the pilings to
reduce treated wood chafe.
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5. Any discharge of sediment-laden runoff or other pollutants to waters of the state is in violation
of Chapter 90.48, Water Pollution Control,and WAC 173-201 A, Water Quality Standards for
Surface Waters of the State of Washington and is subject to enforcement action.
6. Erosion control measures must be in place prior to any clearing,grading or construction.These
control measures must be effective to prevent stormwater runoff from carrying soil and other
pollutants into surface water or storm drains that lead to waters of the state.Sand,silt,clay
particles and soil will damage aquatic habitat and are considered to be pollutants.
7. During construction,all release of oils,hydraulic fluids,fuels,other petroleum products,
paints,solvents,and other deleterious materials must be contained and removed in a manner
that will prevent their discharge to waters and soils of the state.The cleanup of spills should
take precedence over other work on the site.
8. All trenches,depressions or holes created in the intertidal area shall be backfilled prior to
innundation by tidal waters.All stormwater discharges must be constructed in a manner that
will not cause scouring on the beach.
9. Best management practices are to be implemented.
10. 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.
11. All mitigation proposed by both applicants within the Habitat Management Plan prepared by
Marine Surveys and Assessments and dated 2/9/09 must be implemented and maintained on
the structure and the uplands.
12. All other necessary permits from Mason County,Washington State and Federal Agencies that
are required for this proposal must be obtained prior to same development and construction
and adhered to upon completion of the development.
13. The submitted Joint-Use Agreement between the adjacent property owners must be recorded
within the Mason County Auditor's Office under each applicant's parcel.A copy of the
recorded Title Notification must be submitted to the Mason County Planning Department prior
to issuance of the Building Permit for the structure.
14. A Title Notification of Habitat Management Plan must be recorded within the Mason County
Auditor's office under each applicant's parcel.A copy of the recorded Title Notification must
be submitted to the Mason County Planning Department prior to issuance of the Building
Permit for the structure.
Choice of Action.
I. Approval of the Shoreline Substantial Development Permit#SHR200000003.
2. Approve with conditions.
3. Deny permit(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.
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