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Home My WebLink AboutSHR2012-00010 Conditional Use Hearing - SHR Letters / Memos - 10/4/2012 STATE o f � 0 9 a m � = x s �$ 0 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47775 • Olympia, Washington 98504-7775 • (360) 407-6300 October 4, 2012 Frank Family Foundation PO Box 789 Shelton, WA 98584 Re: Mason County Local Permit#SHR2012-00010 Frank Family Foundation-Applicant Filed Shoreline Substantial Development Permit(SDP) and Approved Shoreline Conditional Use Permit#381 Greetings: On September 27, 2012, the Department of Ecology (Ecology) received the Mason County decision on your Shoreline Substantial Development and Conditional Use Permits for construction of a boardwalk over wetlands associated with Cranberry Lake and an upland learning shelter for educational use. The project is located with the Cranberry Lake shoreline jurisdiction. 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. By law, Ecology must review Conditional Use Permits for compliance with: • The Shoreline Management Act(Chapter 90.58 RCW) • Ecology's Conditional Use Permit approval criteria(Chapter 173-27-160 WAC) • The Mason County Local Shoreline Master Program After reviewing Conditional Use Permits for compliance, Ecology must decide whether to approve, approve with conditions, or disapprove them. c l ,s C1 Our Decision: Ecology approves your Conditional Use Permit provided your project complies with the conditions required by Mason County. Please note, however, that other federal, state and local permits may be required in addition to this shoreline permit. What Happens Next? Before you begin activities authorized by this permit, the law requires you to wait at least 21 days from the date of this letter, which is the "date of filing". This waiting period allows anyone (including you) who 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. The Shorelines Hearings Board will notify you by letter if they receive an appeal. We recommend you contact the Shorelines Hearings Board before you begin permit activities to ensure no appeal has been received. They can be reached at (360) 664-9160 or http://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.wa.gov/wac. If you have any questions,please contact Rick Mraz at(360) 407-6221. Si e y, Peo und, UitManger s omreland and En en tal Assist e Program By certified mail 7011 1150 0000 7881 8459 cc: Rebecca Hersha, Mason County Rich Geiger, Mason Conservation District Shoreline Management Act Permit Data Sheet and Transmittal Letter From: Mason County Planning To: WA Dept of Ecology P.O. Box 279 ATTN: Shoreline Permit Reviewer Shelton,WA 98584 Southwest Regional Office P.O. Box 47775 Olympia,WA 98504 Date of Transmittal: September 26, 2012 Date of Receipt: Substantial Development X Conditional Use X Variance_ Revision_ Applicant Information: Applicant's Representative: Name: Frank Family Foundation Name: Mason Conservation District Address: PO Box 789 Address: ATTN: Rich Geiger Shelton, WA 98584 450 W Business Park Rd. Shelton, WA 98584 Phone: 360-701-2458 Phone: 360-427-4396 Is the applicant the property owner? Yes X No_ (The Tribe owns some of the lands but the Tri Party Consortium also includes Mason County.) Location of property: (Section, Township, and Range to the nearest '/4, '/4 Section or latitude and longitude, and a street address where available) 110 E Tintagel Pl., Shelton,WA. Parcel 32128-00-00000. Section 28 of Twp 21 N, Range 3 W. Water Body Name: Cranberry Lake. Shoreline of Statewide Significance: Yes_ No X Environment Desi agn tion: Rural. Description of Proiect: Boardwalk over wetland (associated with Cranberry Lake shoreline) for educational use. Final Hearing Examiner Decision Date: September 25, 2012. By: Rebecca Hersha, Planner rebeccah(i ,co.mason.,v,'a.us Phone #: 360-427-9670 ext 287 cc: WA Attorney General—Ecology Division • PO Box 40100 • Olympia,WA 98504 MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Shelton(360)427-9670 Mason County Bldg. III Belfair(360)275-4467 411 N 5th Street Elma(360)482-5269 PO Box 279 Fax:(360)427-7798 Shelton,WA 98584 HOME PAGE—www.co.mason.wa.us 1854 September 26`h, 2012 Notice of Decision - Approval Case: SHR2011200010 Project: Elevated boardwalk in wetland associated with Cranberry Lake. Applicant: Frank Family Foundation Mason County has granted a Shoreline Substantial Development Conditional Use Permit to Frank Family Foundation for constructing an elevated boardwalk in a wetland. This County decision is final. No further appeals to the County are available. Appeals may be made to the Shoreline Hearings Board or the appropriate administrative agency as regulations apply. It is the appellant's responsibility to meet all legal requirements of any appeal process. TIME LIMIT FOR ACTION: No permit authorizing construction shall extend for a term of more than five years. If actual construction of a development for which a permit has been granted has not begun within two years after the approval,the Hearing Examiner shall review the permit, and upon a showing of good cause, may extend the initial two-year period by permit for one year. Otherwise the permit terminates; PROVIDED, that no permit shall be extended unless the applicant has requested such review and extension prior to the expiration date. If you have questions or require clarification on these issues please contact Rebecca Hersha, Planner with Mason County at 360-427-9670 x287. 1 BEFORE THE HEARING EXAMINER FOR MASON COUNTY 2 3 4 RE: Frank Family Foundation No. SHR2012-00010 5 Shoreline Substantial Development and Conditional Use DECLARATION OF MAILING 6 7 -- -- -- -- - - ---- --- - J 8 9 I, Rebecca Hersha, declare and state as follows: 10 On September 26th 2012, 1 deposited in the U.S. Mail, postage properly prepaid, the 11 documents related to the above cited Hearing Examiner Decision and to which this 12 declaration is attached to: 13 Frank Family Foundation PO Box 789 14 Shelton, WA 98584 15 Mason Conservation District 16 ATTN: Rich Geiger 450 W Business Park Rd. 17 Shelton, WA 98584 18 I declare under penalty of perjury of the laws of the State of Washington the foregoing 19 information is true and correct. 20 Dated this 26th day of September 2012 at Shelton; Washington. 21 i 22 Rebecca Hersha, Planner 23 24 25 DECLARATION OF MAILING MASON COUNTY MASON COUNTY COMMUNITY DEVELOPMENT 411 N. 5T"AVE. P.O. BOX 279 SHELTON, WA 360-427-9670 TEL. 360-427-8425 FAX I BEFORE THE HEARING EXAMINER FOR MASON COUNTY 2 3 RE: Frank Family Foundation 4 FINDINGS OF FACT, CONCLUSIONS Shoreline Substantial OF LAW AND FINAL DECISION 5 Development/ Conditional Use Permit 6 (SHR2012-00010) 7 INTRODUCTION 8 The Applicant has applied for a shoreline substantial development permit and q shoreline conditional use permit to construct an elevated boardwalk in wetlands that are associated with Cranberry Lake and to construct a learning shelter within 200 feet 10 of the Lake. 11 TESTIMONY 12 Rebecca Hersha, Mason County planner, summarized the staff report and answered 13 questions. Dan Blatt, of the Mason County Conservation District, also made comments and answered questions. 14 EXHIBITS 15 16 All documents identified at page 8 of the staff report in addition to the staff report itself were admitted at the hearing. 17 18 19 FINDINGS OF FACT Procedural: 20 1. Applicant. The applicant is the Frank Family Foundation. 21 2. Hearing. The Hearing Examiner conducted a hearing on the subject 22 application on September 11, 2012 at or about 1:00 p.m. in the Mason County 23 Commissioners Meeting Room. 24 Substantive: 25 3. Project/Site Description. The Applicant (a private, natural resources conservation organization) is proposing to construct about 566 lineal feet of an SSDP/CUP -Aquaculture P. 1 Findings, Conclusions and Decision ~CEIVE elevated boardwalk that is five feet wide within the wetlands associated with I Cranberry Lake, 277 feet of which is a replacement within the same footprint. The 2 half that is within a new footprint is within 200 feet of Cranberry Lake. The footings of the boardwalk consist of gravel wrapped in geotextile fabric and are 5 feet by 8 3 feet in area. The footings are spaced approximately 17'-Y apart. The railing for the boardwalk appears to be about five feet high. The boardwalk [Exhibit # 2 and 3] is 4 part of an overall approximately 1500-foot long trail that will serve as an educational 5 and recreational venue for area youth and community groups. 6 Also proposed is a 24-foot by 36-foot (28 by 40 feet with roof eves) educational shelter [Exhibit # 2 and 5] that will be open on two sides. This structure is to be 7 located 127 feet from Cranberry Lake. 8 No water service will be provided to the proposal. The applicant proposes an 9 unspecified number of portable toilets along with hand sanitizer. 10 The property ownership is an entire `section' (approximately 600 acres) and contains a trail system that is in disrepair, a few houses, more than half of Cranberry Lake, 11 wetlands, and forestlands. It is accessed via Tintagel Place, a county road in the Lake Limerick subdivision located to the east. 12 4. Characteristics of the Area. The adjacent lands to the north, west, and 13 south are all in forestry use [Exhibit# 1]. 14 5. Adverse Impacts of Proposed Use. There are no adverse impacts 15 discernible from the record. The foundations for the wetland will be built directly into wetlands, but the conditions of approval for hydraulic permit approval, adopted 16 by this decision, thoroughly mitigate against any adverse impacts. The conditions 17 prohibit the introduction of any construction materials (other the boardwalk foundations themselves) into the wetlands, restrict removal and damage to existing 18 vegetation to the minimum necessary, requires avoidance of shading impacts to vegetation and prohibits the use of equipment with external-petroleum based 19 products. Given the modest size of the footings and the numerous conditions of approval, it is unlikely that the project will harm the wetlands to any significant 20 degree. The Applicant has also taken steps to improve the environmental resources of 21 the project site by removing invasive aquatic weeds as required by the Resource Ordinance and proposed in Exhibit# 8. 22 23 ' Approval of the shoreline permits in this decision shall not be construed as any 24 ruling on whether the project is consistent with the Resource Ordinance, which may require a separate environmental permit. 25 SSDP/CUP -Aquaculture p. 2 Findings, Conclusions and Decision As to aesthetic impacts, there don't appear to be any homes close to the project and 1 the size of the structures are relatively nominal given the amount of undeveloped property.No adverse aesthetic impacts are evident. 3 The staff report notes that adequate provisions have been made for traffic, water, solid waste, sewage, security and fire prevention, buffering from adjacent property 4 and prevention of trespass onto adjacent properties. The findings of staff on buffering and trespass are corroborated by the fact that 1000 feet of forest separate the proposal 5 from neighboring properties. The staff report further notes that the proposal has been 6 subject to review and approval by the County's fire marshal, building department and environmental health department. The project will be conditioned on providing for 7 adequate solid waste disposal and to comply with all local and state health regulations. 8 The staff report notes that adequate parking exists and that over 125 feet of forested 9 land separates the parking area from surface waters. 10 CONCLUSIONS OF LAW 11 Procedural: 12 1. Authority of Hearing Examiner. MCC 15.03.050(10) authorizes the 13 Examiner to review and issue a final decision regarding shoreline substantial 14 development permit requests and conditional use permits. 15 Substantive: 16 2. Shoreline Environment. The Shoreline Master Program environmental 17 designation for the site is Rural. 18 A. Shoreline Substantial Development Permit. 19 3. Substantial Development. The Applicant is required to obtain a shoreline 20 substantial development permit for any substantial development within the shoreline 21 jurisdiction. MCC 15.09.055(a). Applications for substantial development permits are subject to review by the Hearing Examiner. MCC 15.09.055(f). The Hearing 22 Examiner bases a decision on a substantial development permit application on the Shoreline Master Program for Mason County ("MCSMP"), and the policies and 23 procedures of Chapter 90.58 RCW, the Shoreline Management Act ("SMA"). MCC 15.09.055(f)(2)(C). A "substantial development" is any development of which the 24 total cost for market value exceeds $5,000 or any development that materially 25 interferes with any normal public use of the water or shorelines of the state. MCC 17.50.040. As is evident from the proposed construction, the proposal will exceed $5,000 in cost. This proposal is reviewed under the SMP Section for Recreational SSDP/CUP - Aquaculture p. 3 Findings, Conclusions and Decision Development. A conditional use permit is required as outlined in MCC 17.50.034 1 because the proposed use is not identified in the Project Classification Table of MCC 17.50.050'. MCC 17.50.080 governs the criteria for conditional use permits. Applicable review criteria and shoreline policies are quoted below, followed by the 3 Examiner's consideration and conclusion of law. 4 A. Shoreline Substantial Development Permit 5 SMP Recreational Development (Policy No. 1): Shoreline developments that serve 6 a variety of recreational needs should be encouraged. 7 4. The proposal provides for a unique recreational/educational resource to the Mason County community. 8 SMP Recreational Development (Policy No. 2): All proposed recreational 9 developments should be designed, located and operated to protect the quality of 10 scenic views and to minimize adverse impacts on the environment. Favorable consideration should be given to those projects which complement their environment. 11 5. As discussed in Finding of Fact No. 5, as mitigated by hydraulic permit 12 conditions, the project has a minimal impact on aesthetic and environmental resources. 13 14 SMP Recreational Development (Policy No. 5): Recreational facilities should make adequate provisions for: 15 -traffic, both inside and outside the facility; -proper water, solid waste and sewage disposal methods; 16 -security and fire protection; 17 -the prevention of overflow and trespass onto adjacent properties including but not limited to landscaping,fencing and posting ofproperty. 18 -buffering of developmentftom adjacent private property. 19 6. As discussed in Finding of Fact No. 5, the proposal adequately addresses the issues outlined above. 20 21 22 2 P. 2 of the staff report asserts that a conditional use permit is required because the use matrix requires a conditional use permit for projects that are "recreational and 23 educational in nature". The use matrix, MCC 17.50.050, does not address educational facilities and as to recreational development only addressed campgrounds 24 (requiring a conditional use permit) and parks (authorized outright). For these reasons,the proposed use is not construed as addressed in the use matrix. 25 SSDP/CUP -Aquaculture p. 4 Findings, Conclusions and Decision SMP Recreational Development(Policy No. 6): Facilities for intensive recreational activities should be permitted only where sewage disposal and garbage disposal can be accomplished without altering the environment adversely. 3 7. The proposal is conditioned to provide for adequate solid waste and sewage disposal. 4 SMP Recreational Development (Policy No. 7): Where appropriate, non-intensive 5 recreational use should be allowed on floodplains that are subject to recurring 6 flooding. 7 8. The staff report notes that the boardwalk has been authorized by the county to be constructed within a FEMA mapped floodplain. It is unclear from the 8 record whether the educational building is located within the floodplain. The proposal appears to have very little impact on any floodwaters that would occur given its small footprint and the fact that the boardwalk and educational building are both 10 elevated structures. The proposal will be conditioned to comply with applicable floodplain regulations to further assure that no significant impacts will occur to the 11 floodplain. 12 SMP Recreational Development (Policy No. 8): Off-shore recreational devices should be allowed and should be designed to not unduly interfere with navigation of 13 waterways. 14 9. Not applicable. 15 SMP Recreational Development (Policy No. 9): Trails and pathways on steep 16 shoreline bluffs should be designed to protect bank stability. 17 10. There are no steep shoreline bluffs within the vicinity of the proposal. 18 SMP Recreational Development (Policy No. 10): Public recreational developments 19 should be consistent with adopted parr recreation and open space plans for the County. 20 21 11. This is not a public project. 22 SMP Recreational Development (Policy No. 11): The development of small, dispersed recreation areas should be encouraged. 23 12. The proposal is relatively small and so supports the policy quoted above. 24 25 SMP Recreational Development (Policy No. 12): The linkage of shoreline parks, recreation areas and public access points by linear systems, such as hiking paths, bicycle paths, easements and scenic drives should be encouraged. S S D P/C U P - Aquaculture p. 5 Findings, Conclusions and Decision 1 13. The proposal is not the type of recreation area that would be compatible 2 with the linkage encouraged above. 3 SMP Recreational Development (Policy No. 13): The use of off-road vehicles is discouraged in all shoreline areas except where special areas have been set aside for 4 this purpose. 5 15. As designed, the proposal would not be compatible with or facilitate off- 6 road vehicle use. 7 SMP Recreational Development (Use Regulation No. 1):All proposed recreational developments shall be analyzed for their potential effect on environmental quality and 8 natural resources. 9 16. Impacts to environmental quality and natural resources have been fully 10 analyzed as discussed in Finding of Fact No. 5. 11 SMP Recreational Development (Use Regulation No. 2): Recreational developments shall comply at all times with the updated local and State Health 12 regulations. 13 17. As conditioned. 14 SMP Recreational Development(Use Regulation No. 3): Priority shall be given to 15 developments which provide recreational uses and which facilitate public access to shorelines. 16 17 18. The proposal both provides public shoreline access and recreational/educational use. 18 SMP Recreational Development (Use Regulation No. 4): Parking areas shall be 19 located inland, away from the immediate edge of the water and recreational beaches, unless there is no area available. Provisions shall be made for adequate vehicular 20 parking and safe pedestrian crossings. Design of parking areas shall ensure that 21 surface runoff does not pollute adjacent waters. Design shall provide for storm water retention and shall be reviewed by Mason County Department of Public Works. 22 19. The staff report notes that adequate provision for parking exists, but there 23 is little information on design other than a comment that the parking area is separated from adjoining water by 125 by forested land. This 125 foot separation in itself is 24 construed as sufficient to meet the use regulation requirement that the parking be 25 "inland". Given the absence of additional information on parking design, the proposal will be conditioned to meet the other requirements of the use regulation quoted above. SSDP/CUP -Aquaculture p. 6 Findings, Conclusions and Decision I SMP Recreational Development (Use Regulation No. 5): Vehicular traffic is 2 prohibited on beaches, bars, spits, and streambeds, except for boat launching and maintenance activities. Perimeters of parking areas shall be landscaped to minimize 3 visual impacts to the shorelines, roadways and adjacent properties. 4 20. There is no vehicular traffic in critical areas. The parking area is 5 surrounded by forest. 6 SMP Recreational Development (Use Regulation No. 6): Trail access shall be provided from upland facilities to the beach area. 7 21. The staff report notes that trail access is provided from upland facilities to 8 the beach area. 9 SMP Recreational Development (Use Regulation No. 7): Public access points on 10 lake and marine waters must provide parking space appropriate for the intended use. 11 22• In response to this use regulation the staff report notes that "construction of the parking area is part of this application", yet none of the applications in the 12 exhibits mentions the construction of a parking area. It is unclear from the staff report whether existing parking is adequate or whether additional parking is proposed 13 to satisfy County standards. In either case, however, the report notes that parking is 14 adequate and there is no evidence to suggest to the contrary. The criterion is satisfied. 15 SMP Recreational Development (Use Regulation No. 9): Recreational 16 developments must provide facilities for non-motorized access, such as pedestrian or 17 bicycle paths to link the recreation area to the shoreline. 18 23. The proposed boardwalk provides for pedestrian linkage to the shoreline. 19 SMP Recreational Development (Use Regulation No. 11): Trailer spaces, camping sites, and similar facilities shall not be located on beaches and tidelands. 20 21 24. No such facilities are proposed. 22 SMP Recreational Development (Use Regulation No. 12): Recreational facilities shall make adequate provisions for water supply, sewage disposal and garbage 23 collection. 24 25. As conditioned. Water supply is not provided, but staff has apparently 25 determined it is nonetheless adequate given that the project will not generate any appreciable demand for water. The conditions of approval require the Department of Health to consider whether the absence of a water supply is appropriate for this type SSDP/CUP-Aquaculture p. 7 Findings, Conclusions and Decision of project from the standpoint of assuring that adequate sanitary waste facilities are 1 provided. 2 SMP Recreational Development (Use Regulation No. 13): Recreational facilities 3 shall make adequate provisions, such as screening, buffer strips,fences and signs, to prevent overflow and to protect the value and enjoyment of adjacent or nearby 4 private properties. 5 26. Over a thousand feet of forests screen the land use from neighboring 6 properties. This separation provides for sufficient screening and privacy of adjoining properties. 7 SMP Recreational Development (Use Regulation No. 14): Signs associated with 8 recreational facilities shall be kept to a minimum in number and size and shall be 9 erected as informational or directional aids only. 10 27. No signs are proposed. 11 SMP Recreational Development (Use Regulation No. 15): To protect natural features and adjacent properties, park and recreational facilities shall prohibit the 12 use of all-terrain vehicles in the shoreline area. 13 28 All-terrain vehicle use is not compatible or reasonably possible with the 14 project as designed. 15 SMP Recreational Development (Use Regulation No. 16): All permanent recreational structures and facilities shall be located outside officially mapped 16 floodways EXCEPT the County may grant exceptions for non-intensive accessory 17 uses (e.g.,picnic tables, etc.). 18 29. The proposal is not located within any mapped floodway. 19 SMP Recreational Development (Use Regulation No. 17): Accessory facilities, such as restrooms, recreation halls, commercial services, access roads and parking 20 areas shall be located inland from shoreline areas unless it can be shown that such 21 facilities are shoreline dependent. These areas shall be linked to the shoreline by walkways. 22 30. As previously concluded, the parking area is considered to be located 23 "inland"from the shoreline. The educational building is considered to be a primary as opposed to accessory use and is not subject to the criterion. The boardwalks are 24 shoreline dependent, as their primary function is to provide for public access to 25 shoreline areas. SSDP/CUP -Aquaculture P. 8 Findings, Conclusions and Decision SMP Recreational Development (Use Regulation No. 19): In approving shoreline 1 recreational developments, the County shall ensure that the development will 2 maintain, enhance or restore desirable features including unique and fragile areas, scenic views and aesthetic values. To this end, the County may condition project 3 dimensions, location of project components on the site, intensity of use, screening, parking requirements and setbacks, as deemed appropriate to achieve this end. 4 31. The Applicant has proposed to mitigate (as required by the Resource 5 Ordinance) for the development occurring within the wetland by removing invasive 6 aquatic weeds [Exhibit# 81. With this mitigation,the criterion is satisfied. 7 SMP Recreational Development (Use Regulation No. 20): No recreation building or structure, except piers or docks, or bridges shall be built over the water. 8 32. The proposal essentially serves as a pedestrian bridge to the educational 9 building. 10 SMP Recreational Development (Use Regulation No. 21): Proposals for 11 recreational development shall include plans for sewage disposal. Where treatment facilities are not available, the County shall limit the intensity of development to meet 12 strict County and State on-site sewage disposal requirements. 13 33. The proposal is of low intensity and is conditioned to meet County on- 14 sewage disposal requirements. 15 B. Conditional Use Permit 16 17 MCC 17.50.080: That the proposed use will be consistent with the policies of RCW 18 90.58 and the policies of the master program. 19 RCW 90.58.020: ... It is the policy of the state to provide for the management of the shorelines of the state by planning for and fostering all reasonable and appropriate 20 uses. This policy is designed to insure the development of these shorelines in a 21 manner which, while allowing for limited reduction of rights of the public in the navigable waters, will promote and enhance the public interest. This policy 22 contemplates protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life, while 23 protecting generally public rights of navigation and corollary rights incidental thereto... 24 25 34. As outlined in prior conclusions of law, the proposal is consistent with all applicable County shoreline master plan policies. The proposal is also consistent with the policies of RCW 90.58 as quoted above because the proposal fosters public SSDP/CUP-Aquaculture P. 9 Findings, Conclusions and Decision enjoyment of the shoreline while not generating any significant adverse 1 environmental impacts. 2 MCC 17.50.080: That the proposed use will not interfere with the normal public use 3 of the shoreline. 4 35. The proposal serves to increase public use of the shoreline by providing a 5 new opportunity for public access. 6 MCC 17.50.080: That the proposed use will cause no unreasonable adverse effects to the shoreline environment in which it is to be located. 7 36. As determined in Finding of Fact No. 5, the proposal will cause no 8 unreasonable adverse effects to the shoreline environment. 9 MCC 17.50.080: That the public interest suffers no substantial detrimental effect. 10 37. As determined in Finding of Fact No. 5 there are no adverse impacts 11 associated with the proposal. Consequently the public will suffer no substantial detrimental effect. 12 MCC 17.50.080: Uses which are specifically prohibited by the master program may 13 not be authorized. 14 38. The proposed use is not prohibited by the master program. 15 MCC 17.50.080: In the granting of all Conditional Use Permits, consideration shall 16 be given to the cumulative impact of additional requests for like action in the area. 17 39. Project impacts are so minor no adverse cumulative impacts are 18 anticipated. 19 DECISION 20 The proposal satisfies all the use regulations and policies that apply to the Shoreline 21 Substantial Development and Conditional Use Permit applications. The permits are approved subject to the following conditions: 22 23 A. Erosion shall be controlled during construction. Any areas that are disturbed should be restored to prevent erosion and other environmental impacts. 24 B. The property use shall comply at all times with current local and State Health regulations. Staff shall consult with the County's health department to impose 25 as reasonably necessary conditions to ensure that the proposal provides for adequate SSDP/CUP-Aquaculture P. 10 Findings, Conclusions and Decision disposal of sanitary waste, specifically taking into account that there will be no water 1 service for the site. 2 C. Approval is subject to the conditions attached to WA DFW's Hydraulic Project Approval. 3 D. Adequate provision for the storing and collection of solid waste shall 4 be provided subject to the approval of staff. E. Project design will comply with all applicable County floodplain 5 regulations. 6 F. Provisions shall be made for adequate pedestrian crossings if any such crossings are necessary for the parking area of the project site. Design of parking 7 areas shall ensure that surface runoff does not pollute adjacent waters. Design shall provide for storm water retention and shall be reviewed by Mason County Department 8 of Public Works. 9 10 Dated this 25th day of September,2012. 11 12 �` 13 '1 A. Olbrechts Mason County Hearing Examiner 14 15 Appeal Right and Valuation Notices 16 This approval of the shoreline substantial development permit is final and subject to appeal to the Washington State Shoreline Hearings Board as governed by Chapter 17 90.58 RCW. Appeal deadlines are short and procedures strictly construed. Anyone wishing to file an appeal of this decision should consult with an attorney to ensure that 18 all procedural requirements are satisfied. 19 The shoreline conditional use permit is subject to approval by the Washington State 20 Department of Ecology. 21 Affected property owners may request a change in valuation for property tax purposes 22 notwithstanding any program of revaluation. 23 24 25 SSDP/CUP -Aquaculture P. 11 Findings, Conclusions and Decision Mason County Department of Community Development Building III * 426 W Cedar * P.O. Box 279 Shelton,Washington 98584 * (360) 427-9670 TO: Mason County Hearing Examiner FROM: Mason County Department of Community Development-Planning STAFF: Rebecca Hersha, Planner; 360.427.9670 ext. 287;rebeccah&co.mason.wa.us RE: Shoreline Substantial Development and Conditional Use Permit(SHR2012- 00010) HEARING DATE: September 116',2012 STAFF REPORT I. Introduction. This report evaluates a request for a Shoreline Substantial Development and Shoreline Conditional Use Permit to construct an elevated boardwalk in wetlands that are associated with Cranberry Lake and to construct a learning shelter within 200 feet of the Lake. II. Applicant. Frank Family Foundation. II. Date of Complete Application. June 26 h, 2012. III. Project Location. 110 E Tintagel Pl., Shelton, WA. Parcel 32128-00-00000. IV. Project Description. The applicant (a private, natural resources conservation organization) is proposing to construct about 600 lineal feet of an elevated boardwalk(4 feet wide)within the wetlands associated with Cranberry Lake, about half of which is a replacement within the same footprint. The half that is within a new footprint triggered the subject Shoreline Permit. The boardwalk [Exhibit# 2 and 3] is part of an overall approximately 1500-foot long trail construction and maintenance project that will serve as an educational and recreational venue for area youth and community groups. Also proposed is a 24-foot by 36-foot (28 by 40 feet with roof eves) educational shelter [Exhibit# 2 and 5] that will be open on two sides. This structure is to be located 127 feet from Cranberry Lake. V. Evaluations. A. Characteristics of the area and site. The property ownership is an entire `section' (approximately 600 acres) and contains a trail system that is in disrepair, a few houses, more than half of Cranberry Lake, wetlands, and forestlands. It is accessed via Tintagel Place, a county road in the Lake Limerick Community located to the east. The adjacent lands to the north, west, and south are all in forestry use [Exhibit# I]. SHR2012-00010 Page 1 of 8 Written 8/31/2012 B. Comprehensive Plan Designation. The Mason County Comprehensive Plan designation for the site is Rural. C. Zoning. The parcel is zoned Rural Residential 20. D. Shoreline Designation. Rural. VI. SEPA Compliance and Other Public Notice Requirements. Mason County served as the lead agency for SEPA MDNS [Exhibit # 10] case number SEP2011-00026. Although the proposal has changed since that SEPA review, the scope decreased rather than increased, so a revised SEPA was not issued. No comments were received during the two-week comment period. A Notice of Public Hearing [Exhibit # 6] for the Application for a Shoreline Substantial Development and Conditional Use Permit was publicized for two weeks in the Mason-Shelton Journal beginning on August 2nd, 2012 and posted at the site and in front of the Commissioner's Chambers on August 1st, 2012. In addition, the Notice of Application was mailed to all property owners within 300 feet of the proposal on August 1st, 2012. No comments have been received to date. VII. Permits. A. Permits Directly Associated with this Staff Report and Public Hearing_ Mason County Code Title 15.09.055 and the Mason County Shoreline Master Program (Title 17.50) requires a Shoreline Substantial Development Permit for any development that does not meet an exemption in WAC 173-27-040. The applicant has submitted a JARPA and supporting documents [Exhibit#7]. The proposal is recreational and educational in nature, therefore it requires a Conditional Use Permit [Exhibit # 12] per the Shoreline Master Program (MCC 17.50.050) "Project Classification Table." B. Other Permits. As required by the Mason County Resource Ordinance (MCC 8.52.110), a Mason Environmental Permit (MEP2012-00024) was submitted with a Mitigation Plan for the activity within the wetland and its buffer. Building Permit Applications were submitted for the covered shelter (COM2012-00079) and the boardwalk(COM2011-00048). The proposed use aligns with the "local community and recreation centers" category, which is an allowed use in Rural Residential 20 zoning (MCC 17.04.242), and does not require a Special Use Permit. The proposal meets all RR20 dimensional requirements, therefore a Development Regulations Variance is not required. VIII. Analysis. Staff analysis is in italic font. A. Mason County Code's Title 15. The Hearing Examiner shall review Type III permit applications according to the following criteria: SFM012-00010 Page 2 of 8 Written 8/31/2012 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. The development does not conflict with the Comprehensive Plan. The development meets all the requirements and intent of the Mason County Code (MCC) and the Fish and Wildlife Habitat Conservation Areas chapter of the Resource Ordinance. 2. The development does not impact the public health, safety and welfare and is in the public interest. The development proposal will not impact the public health, safety or welfare, but may not be considered to be in the public interest. However, the modest sized garage is set back as far as possible from the stream, and mitigation serves to offset any impacts to the riparian habitat. 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. The development proposal will not lower the level of service for neighborhood park facilities, and the Washington Department of Transportation will review the road access created for the new garage. C. Mason County Shoreline Master Program. 1. Recreational Development-Use Regulations (MCC 17.50.060) a. All proposed recreational developments shall be analyzed for their potential effect on environmental quality and natural resources. The proposal will familiarize community members about the natural environment and should be a benefit to environmental quality and natural resources. The proposal has been approved by both WA Department of Fish and Wildlife and the US Army Corps of Engineers. b. Recreational developments shall comply at all times with the updated local and State Health regulations and such compliance made a condition of the permit. This has been made a condition of the permit(see condition B in part M. c. Priority shall be given to developments which provide recreational uses and which facilitate public access to shorelines. This proposal provides recreational uses and limited, although not public, access to the shoreline. d. Parking areas shall be located inland, away from the immediate edge of the water and recreational beaches, unless there is no area available. Provisions shall be made for adequate vehicular parking and safe pedestrian crossings. Design of parking areas shall ensure that surface runoff does not pollute adjacent waters. Design shall provide for storm water retention and shall be reviewed by Mason County Department of Public Works. An adequate parking area already exists. Over 125 feet of forested land separates the parking lot from surface waters. SHR2012-00010 Page 3 of 8 Written 8/31/2012 e. Vehicular traffic is prohibited on beaches, bars, spits and streambeds, except for boat launching and maintenance activities. Perimeters of parking areas shall be landscaped to minimize visual impacts to the shorelines, roadways and adjacent properties. There is no vehicular traffic in critical areas. The parking area is surrounded by forest. f. Trail access shall be provided from upland facilities to the beach area. Trail access will be provided from upland facilities to the beach area. g. Public access points on lakes and marine waters must provide parking space appropriate for the intended use. Parking space appropriate for the intended use will be provided for public access points on the lake, and construction of the parking area is part of this application. h. Events and temporary uses in the public interest may be approved by the Administrator in any environment, provided that such uses will not damage the shoreline environment. The proposed structures and use have been approved by both WA Department of Fish and Wildlife and the US Army Corps of Engineers [Exhibit # 11 and 9] and will not damage the shoreline environment. i. Recreational developments must provide facilities for non-motorized access, such as pedestrian or bicycle paths to link the recreation area to the shoreline. A trail will be constructed to link the upland educational areas with the shoreline. j. The following regulations shall apply to artificial aquatic life habitats: Habitats shall not interfere with surface navigation; Habitats shall be constructed and moored so as to remain in their original location, even under adverse current or wave action; Conditions of the State Departments of Fisheries and Wildlife Hydraulic Project Approval may be incorporated into any permit issued. Not applicable. k. Trailer spaces, camping sites and similar facilities shall not be located on beaches and tidelands. These structures/activities will not be located on the beaches. 1. Recreational facilities shall make adequate provisions for water supply, sewage disposal and garbage collection. The educational facility will not have water, but will have garbage collection and portable toilets with hand sanitizer. in. Recreational facilities shall make adequate provisions, such as screening, buffer strips, fences and signs, to prevent overflow and to protect the value and enjoyment of adjacent or nearby private properties. Over a thousand feet of forests screen the land use from neighboring properties. SHR2012-00010 Page 4 of 8 Written 8/31/2012 n. Signs associated with recreational facilities shall be kept to a minimum in number and size and shall be erected as informational or directional aids only. No signs are proposed. o. To protect natural features and adjacent properties, park and recreational facilities shall prohibit the use of all-terrain vehicles in the shoreline area. All-terrain vehicles will be prohibited for use in the shoreline area. p. All permanent recreational structures and facilities shall be located outside officially mapped floodways EXCEPT the County may grant exceptions for non-intensive accessory uses(e.g.,picnic tables, etc.). There are no mapped floodways in the vicinity. The boardwalk has been authorized by the county to be constructed within the FEMA mapped floodplain. q. Accessory facilities, such as restrooms,recreation halls, commercial services, access roads and parking areas shall be located inland from shoreline areas unless it can be shown that such facilities are shoreline dependent. These areas shall be linked to the shoreline by walkways. No facilities (except an elevated boardwalk) are proposed to be located near the shoreline. r. For recreation developments that will require the use of fertilizers, pesticides or other toxic chemicals, such as golf courses and playfields, the applicant shall submit plans demonstrating the methods to be used to prevent leachate from entering adjacent water bodies. Buffer strips shall be included in the plan. The County shall determine the maximum width necessary for buffer strips, but in no case shall the buffer strip be less than 25 feet. Not applicable. s. In approving shoreline recreational developments, the County shall ensure that the development will maintain, enhance or restore desirable shoreline features including unique and fragile areas, scenic views and aesthetic values. To this end, the County may condition project dimensions, location of project components on the site, intensity of use, screening, parking requirements and setbacks, as deemed appropriate to achieve this end. The proposal maintains and enhances fragile areas, scenic view, and aesthetic values. The Frank Family Foundation has proposed to mitigate (as required by the Resource Ordinance)for the development occurring within the wetland by removing invasive aquatic weeds[Exhibit#8]. t. No recreation building or structure, except piers or docks, or bridges shall be built over the water. The proposed boardwalk which is essentially a pier, is located over a wetland that is associated with Cranberry Lake's shoreline. u. Proposals for recreational development shall include plans for sewage disposal. Where treatment facilities are not available, the County shall limit the intensity of development to meet strict County and State on-site sewage disposal requirements. SHR2012-00010 Page 5 of 8 Written 8/31/2012 Sewage disposal will be provided using portable toilets with hand sanitizer. These will be provided in sufficient number for the planned number of visitors for educational events. 2. Recreational Development—Policies (Comprehensive Plan) a. Shoreline developments that serve a variety of recreational needs should be encouraged. The existing and proposed use serves the community and state by providing an environmental education experience. b. All proposed recreational developments should be designed, located and operated to protect the quality of scenic views and to minimize adverse impacts on the environment. Favorable consideration should be given to those projects that compliment their environment. Scenic views are being protected and adverse impacts are minimized. c. Publicly owned property which provides public access to a body of salt or fresh water should be retained for public use. The property is privately owned, but does provide use to non-owners. d. Public agencies, private individuals, groups and developers should be encouraged to coordinate development projects to mutually satisfy recreational. This property is owned by a private group which is dedicated to serving the community. e. Recreational facilities should make adequate provisions for: 1. traffic, both inside and outside the facility 2. proper water, solid waste and sewage disposal methods; 3. security and fire protection; 4. the prevention of overflow and trespass onto adjacent properties, including but not limited to landscaping, fencing and posting of property; 5. buffering of development from adjacent private property. Adequate provisions have been made for all items, and the project has been approved by the County's Fire Marshal, Building Department, and Environmental Health Department. g. Facilities for intensive recreational activities should be permitted only where sewage disposal and garbage disposal can be accomplished without altering the environment adversely. This facility is not providing intensive recreational activities. h. Where appropriate, non-intensive recreational use should be allowed on floodplains that are subject to recurring flooding. Staff recommends that this proposal be allowed. SHR2012-00010 Page 6 of 8 Written 8/31/2012 i. Off-shore recreational devices should be allowed and should be designed to not unduly interfere with navigation of waterways. Not applicable. j. Trails and pathways on steep shoreline bluffs should be designed to protect bank stability. The proposal is in a relatively flat area. k. Public recreational developments should be consistent with adopted park, recreation and open space plans for the County. This is not a public project. 1. The development of small, dispersed recreation areas should be encouraged. The proposal is encouraged. m. The linkage of shoreline parks, recreation areas and public access points by linear systems, such as hiking paths, bicycle paths, easements and scenic drives should be encouraged. This is not a public recreation area. n. The use of off-road vehicles is discouraged in all shoreline areas except where special areas have been set aside for this purpose. The property is used for pedestrian and ADA trails. All-terrain vehicles will be prohibited for use in the shoreline area. 3. Conditional Use Permit Review Criteria Uses which are classified or set forth in the Master Program as conditional uses may be authorized provided the applicant can demonstrate all of the following: a. That the proposed use will be consistent with the policies of RCW 90.58 and the policies of the Master Program; The proposed use will be consistent with RCW 90.58 (WA Shoreline Management Act). The policies of the Master Program were reviewed above in part VIII(c)(2). b. That the proposed use will not interfere with the normal public use of the shorelines; The proposed and existing recreational/educational use involves no structures or other interferences in Cranberry Lake. c. That the proposed use of the site and design of the project will be compatible with other permitted uses within the area; The proposed and existing use is on an extremely large parcel and is compatible with the permitted uses in the area. d. That the proposed use will cause no unreasonable adverse effects to the shoreline environment in which it is to be located; The proposed use will not cause adverse effects to the shoreline environment. e. That the public interest suffers no substantial detrimental effect. The proposal promotes environmental education and is in the public interest. SHR2012-00010 Page 7 of 8 Written 8/31/2012 IX. Conclusion. Staff recommends approval of the Shoreline Substantial Development and Conditional Use Permit with the following conditions: A. Erosion shall be controlled during construction. Any areas that are disturbed should be restored to prevent erosion and other environmental impacts. B. The property use shall comply at all times with the updated local and State Health regulations. C. Approval is subject to the conditions attached to WA DFW's Hydraulic Project Approval. X. Choices of Action. A. Approve the Variance request. B. Approve with conditions the Variance request. C. Deny the Variance request(reapplication or resubmittal is permitted). D. Remand for further information as authorized by MCC 15.09.090. XI. Exhibits. Exhibit#1 Parcel Map/Aerial Photo Exhibit#2 Aerial Photo with Proposed Trail Route and Learning Shelter Depicted Exhibit#3 Site Plan for Trail/Boardwalk Exhibit#4 Construction Drawing for Boardwalk Exhibit#5 Construction Drawings for Shelter(4 pages) Exhibit#6 Notice of Hearing Exhibit#7 Shoreline Substantial Development Permit Application(JARPA 12 pages) Exhibit#8 Proposed Mitigation Exhibit#9 US Army Corps Authorization Exhibit#10 SEPA Determination of Non-Significance Exhibit#11 WA Department of Fish& Wildlife's Hydraulic Project Approval (5 pages) Exhibit#12 Shoreline Conditional Use Application (a T'5�-Q) SHR2012-00010 Page 8 of 8 Written 8/31/2012 E BALLYCASTLE WAY >rr E MERIONET.N.RP x r VL � ,{� r -Too E SHETLAND RD IF AY TO TIf�PEF2ARY ,, E SHANNON PL l a \v' .,p4 �low- �° +...�a K•= x d y�; .�• - E HAM KD R Y. x Cranberry Lake I J ,i I s Y - i_F' a ''�d ¢ s' .�F<ey .•...�° !r„° M,� ��'.,.yi�P � :�� W rw -� 1 tic ;�a^ > ',._ t Jy CJ�,rr _ { r s.r: =,gibi�r �` .:'�tr+�u Y "" _-• -��►.J idyP t sjjjj�tt s,� }` � . ems, 1 `_4 t.�. ►liR Z !KV •+,, "z ( ~ ! r3 N� t .r f F y x. ;�t Y�' Q 1•�r SYn l of W Q - - !.� 1 4 S' v �� u • .a s? 1 a .. o'C �� \-1 xt � �y Li ilk,,.�aC S: "ttf"`t�'�,"rr��" �,..-"� � S'j,�i�,i, w��j �;,,. .,�r,♦ �� *�r � ,�'�► v 3�a��Q' �✓ �P - ,' .tom fi s• C.x°,;'�►+' •� �J l� -P ry. �« _, ,.r. '' _ ref tS a'u'`i �. - ."`^'«, fir._ _ .� ''Y�li •)y, �r1 - - te, - ,j• a� 'VE /' O� � ,. }! VI , j� u1 • F9 POP O,�. ♦J/ ^l. .{.�'' ,/ VS�� I � III � i Mw.-011; E DARTMOOR D Frank Family Foundation 1 inch = 1 .000 feet f a,��7 �5 -�v ... '•7'+.' _ ,u�+' r�j�, 114� � .�`� � r�• e T Sy�� '� 7� 1'• . 1 � � 7: T Proposed 3 � er ra n Lake :•= _> w p,� �i - _ ;;fir' Development lb +•.� ��•,yam ~ r -•s+ iY N N Y rY_ -�` 1a •' �� ,�.:,� �.`t� y� i Ay� '►' } `'L # VY E .y Y 4 . S y • :... Legend f S { • ,� Proposed Boardwalk Realignment i op li n Y h 4 Roads X'! s ' s r ; r • End of Trail Wetland Viewing Location ► Fe, 42 ' �• • qy f }•. , .Ii,'� yti ti 1Vr !e./f �i 7•.Y s."` '" t•. � t � '.xs„r • ,, _• "'� �` �" y f"''• 1 t � Building site PC 3 nay ,•.1 .� rr; a s, "'�" ,+a, � _ `'. � RAJ '�� ,,i '•, �° 'Pt .+,° a ^$a• i .� 'A/• .- ' _ � � plc.-( ,c-•C �� N \ Z N 4 � O o � 55 ft. 138 ft. n p 4UN l ARY 193 ft. �IE�Lp,Nll D � p,PPR 3 0 L o o PROPOSED BOARDWALK pip ALIGNMENT M❑DIFICATI❑N 345ft. LL N T � � 290 ft, 75-ft, troll J � O across existing Island BOARDWALK SEGMENTS ALONG LECn Capprox, location) ORIGINAL ALIGNMENT, NOT CONSTRUCTED = i �y v �O 223 ft. 161 ft. Original Design Total Boardwalk Length = 880' w Original Design Total Trail Length = 1100' QQ� °' � 3 c� m 0 0 Modified Design Total Boardwalk Length = 566' 276ft. Modified Design Total Trail Length = 907' 448 ft. L Total Reduction in Boardwalk Length over Water = 314' o N o FIRST BOARDWALK SEGMENT, ALREADY CONSTRUCTED V S om Cf 3 SCALES V = 70' S 0 35 70 0 17'-3' 0 Stringer Length aLn C) U) Decking Fastened with 3 ea.16d I hil Nails per Flank. Z. 11111 Pull it vs] VSj VSj Ill 11 LAJ 11111 O!j C-S Between Posts 0 F Plan View 0 -0 0 Co 0 LL czU) 3/8"Lag Screw rJ E CD 0 7"Min.Length-/ �Simspon SPH6 x6 Post 2x8 Railing 2x6 Railing 1x1 Spacers ^ Q) Straps (Connected with 8d Nails) (Connected with 8d Nails) Connected with 6d Nails) L Y = U) C-S At Posts 4" J2 LL L C 8 x 10 4" M am Stringer 6XIO I — KA StrInge 6'x 3'x 1.6 E Threaded Rod Welded Wire PVC Assembly See Coated Gabion Basket w/4"-6" 15' Stringer Span Detail Washed Rock —2 x 6 Decking w/1/2" (17.25 ft. Total Spacing (6"o.c.) Length) 6'x&x 3'Welded Wire PVC Coated abion Basket w/ 4-6" Washed a) LLJ Rock 0 M Seperation Geotextile w/Crushed Rock Elevation View ------- 10 Threaded Rod Counter-Sink Hole Note: All Wood is to be treated and Fill with Silicon Detail After Threaded Rod Doug[ar-Fir #2 or better, unless Installation otherwise noted Co 8x10 Stringer 314"Threaded Rod Rubber Wheel 0. Stop S Gabion Basket � z � Cranberry Lake00 aL o � Environmental Education ca Buildin West End g _ - - � C 0 �Al\ o %U ._ - o 0LL -C INN NN W E LL E � c O J � i i V -o a� M 0 m o 0 V_ L } V7 v O � s C3 South End ' O y Note: Structure Will Have a Roof Over o Its Entire Length and Full Walls on 3 South and West Ends Scale . 1 11 — 1— 5 i o NOz 15'_8„ 12 � o p 00 N 14 0 M 0 0 0 o . o � 0 o a o 0 — 2 - 2' 'a CO 1 Ox 12 Post ( D-F #2 ) typ. 12' C .o 16-11 : - — 2 24' - — 2' .—'' - -- W E � � o 4' I 12' J 2' ( typ) North Elevation View �„ 8 South Elevation View _m 60 Scale: 1 If = 5' Purlin-Purlin Use 6 ea 8d Nails to connect 2x8 Purlin o m o 00 Brace-Top Chord Purlin to Brace Detail \ 2 ea Top Chords both sides of } \ , Post & Purlin Braces 3 2x8 Purlin Brace between Top o Chords v o - m C3 3 Use 6 ea 8d Nails to connect rafter to purlin brace Scale: 1 " = 1 ' o N + O N \ N CO L Il-) 0 N 40'-10" I � � I k�,, �. 10x12 Post Tn s Support (Bloc D-F#2) typ. W Blocks i� -�„ _.�.... '�_. 10x12 Post -�— (D-F 92) typ. O 12 0 Cu y typ)2 ( 2, �— � � m 4'Post Embedment 1 12' _ LL Attached to 8'Thick 2 (tYp.,, 2'Wide Footing and mil! 2'Thick Collar (typ) W ••E West Elevation View LL_ East Elevation View = c J Scale: 1 it = 10' d Post Foundation i Detail 10x10 Post 0 " 3 m � m 0 0 d• A 6" Min. 4' Buried Post Length i 1 .5 3/4" Bolt with o I H Min. 3" Dock O ' Thick Washer (typ.) a 3 ° ' Collar Post-T L. russ tt l 6 Min. Connection 2x8 Support c 8 Thick Block o N Footing Detail p 0 2' Wide Footing i 24 - 0 a CO s Floor Ian o C/0 CO ( typ) M = o ._ -0 o Note: Storage Area Lo Used for Storage of ® W E Table and Chairs J U- There are Full Walls on 36' 12' ' South and West Ends m 3' ( typ) v ai m ° m 0 0 6x6 } Storage o Area 0 O a � Q ® Q 3 O U T-- -12 — CC3 3 G v Scale : 1 " = 20' South End MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Shelton(360)427-9670 Mason County Bldg. III Belfair(360)275-4467 411 N 5th Street Elma(360)482-5269 PO Box 279 Fax:(360)427-7798 -— Shelton,WA 98584 HOME PAGE-www.co.mason.wa.us rRsa MASON COUNTY NOTICE OF APPLICATION AND PUBLIC HEARING: Notice is hereby given that Frank Family Foundation has filed a Shoreline Substantial Development and Conditional Use Permit with Mason County for the following: Boardwalk and trail repair and new construction within 200 feet of Cranberry Lake and within associated wetlands. In addition to the boardwalk/trail, the applicant is proposing to construct a 24' by 40' learning shelter 127 feet from of the lake. Site Address: 110 E Tintagel Place, Shelton,WA The date of complete application is August 30`}', 2012. A SEPA Determination of Non- Significance SEP20 1 1-00026 was issued on 4/14/2011. A Public Hearing will be held by the Hearings Examiner on the proposed project on Tuesday, September 11th, 2012 at or sometime after 1:00 PM within the Commissioners Chambers Bldg. I, 411 North Fifth Street, Shelton. If special accommodations are needed, contact the Commissioners Office, (360)427-9670, ext 419. The proposed Shoreline Permit is reviewed under the applicable chapters of the Shoreline Master Program. Any person wishing to express their views or to be notified of the action taken on the application should express their views or interest by the close of the public hearing on September 1 lth, 2012. Please send comments to Mason County Department of Community Development, ATTN: Rebecca Hersha, PO Box 279, Shelton, WA 98584. Please contact Rebecca Hersha of the Planning Department at (360) 427-9670, ext. 287 or at the address listed above with any questions or clarifications on this development and permit. cc: The Journal ------------------------------------- AGENCY USE ONLY Y 2010 ' M Date received: (p .�G gs 6AZ Army.W Corps � � f WASHINGTON STATE srs• ' , Joint Aquatic Resources Permit ; Agency reference#: Application (DARPA) Form' Tax Parcel#(s): USE BLACK OR BLUE INK TO ENTER ANSWERS IN WHITE SPACES BELOW. i i :------------------------------------ Part 1—Project Identification 1. Project Name (A name for your project that you create. Examples: Smith's Dock or Seabrook Lane Development) h[ pm2 Cranberry Lake Trail and Education Shelter Part 2—Applicant The person or organization responsible for the project. hpi 2a. Name (Last, First, Middle) and Organization (if applicable) Frank Family Foundation 2b. Mailing Address (Street or PO Box) P.O. Box 789 2c. City, State, Zip Shelton, WA 98584 2d. Phone(1) 2e. Phone(2) 2f. Fax 2 . E-mail ( 360 ) 701 - 2458 ( 360 ) 427 - 9151 ( ) 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.) hf elgl 3a. Name (Last, First, Middle) and Organization (if applicable) Geiger, Richard, P.E. Mason Conservation District 3b. Mailing Address (Street or PO Box) 450 W. Business Park Rd. 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 http://www.nws.usace.army.mil/PublicMenu/Menu.cfm?sitename=REG&pagename=mainpage_ESA • If you are applying for an Aquatic Resources Use Authorization you will need to fill out and submit an Application for Authorization to Use State- Owned Aquatic Lands form to DNR,which can be found at http://www.dnr.wa.gov/Publications/aqr_use_auth_app.doc • Not all cities and counties accept the JARPA for their local Shoreline permits. If you think you will need a Shoreline permit,contact the appropriate city or county government to make sure they will accept the JARPA. ZTo access an online JARPA form with[help]screens,go to �[ y http://www.epermitting.wa.gov/site/alias resourcecenter/jarpa_jarpa_form/9984/jarpa_form.aspx. � /�a�-!�'/ For other help,contact the Governor's Office of Regulatory Assistance at 1-800-917-0043 or help@ora.wa.gov. JARPA 2010 v1 3/30/2010 Page 1 of 14 3c. City, State, Zip Shelton, WA 98584 3d. Phone(1) 3e. Phone(2) 31 . Fax 3 . E-mail ( 360 ) 427 - 9436 ( ) ( ) rjgeiger@masoncd.org Part 4-Property Owner(s) Contact information for people or organizations owning the property(ies) where the project will occur. h g ® 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 property owners. Complete the section below and fill out JARPA Attachment A for each additional property owner. 4a. Name (Last, First, Middle)and Organization (if applicable) 4b. Mailing Address (Street or PO Box) 4c. City, State, Zip 4d. Phone(1) 4e. Phone(2) 4f. Fax 4 . E-mail Part 5-Project Location(s) Identifying information about the property or properties where the project will occur. hf eM ❑ 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.) hf elpl ❑ State Owned Aquatic Land (If yes or maybe, contact the Department of Natural Resources(DNR)at(360)902-1100) ❑ Federal ❑ Other publicly owned (state, county, city, special districts like schools, ports, etc.) ❑ Tribal ® Private 5b. Street Address (Cannot be a PO Box. If there is no address, provide other location information in 5p.) hLelp] 110 E. Tintagel Pl. 5c. City, State, Zip(If the project is not in a city or town,provide the name of the nearest city or town.) [held Shelton, WA 98584 5d. County hf elpl Mason County JARPA 2010 v1 3/30/2010 Page 2 of 14 5e. Provide the section township, and range for the project location. hem , p J L�l p 9 '/4 Section Section Township Range Entire Section 28 21 N 3W 5f. Provide the latitude and longitude of the project location. • Example:47.03922 N lat./-122.89142 W long. (NAD 83) 47.28286 N lat. /-123.07008 W long. 5g. List the tax parcel number(s) for the project location. hf pm • The local county assessor's office can provide this information. 32128 — 00 - 00000 5h. Contact information for all adjoining property owners. (If you need more space, use JARPA Attachment C.) hf gm Name Mailing Address Tax Parcel # (if known) Green Diamond Resource P.O. Box 9001 32129 —00 — 00000 Company Shelton, WA 98584 Green Diamond Resource P.O. Box 9001 32129 — 30 - 00000 Company Shelton, WA 98584 Brix Et. Al., Jones A. Jr. 2717 Marine Dr. 32133 — 00 - 01000 Beaverton, OR 98312 Lillian Peste Fam Lt. Prsp Et. Al. P.O. Box 118 32121 —00 - 00000 Shelton, WA 98584 5i. List all wetlands on or adjacent to the project location. tLeM Cranberry Lake Wetland 5j. List all waterbodies (other than wetlands) on or adjacent to the project location. hf m Cranberry Lake 51k. Is any part of the project area within a 100-year flood plain? hf pjA ® Yes ❑ No ❑ Don't know 51. Briefly describe the vegetation and habitat conditions on the property. hel The project site is near a forested wetland on the northern shore of Cranberry Lake. While the boardwalk crosses this wetland, the shelter will be located at the trailhead to access the boardwalk, offset from the wetland by 223 ft. and offset from the lake by 127 ft. DARPA 2010 v1 3/30/2010 Page 3 of 14 5m. Describe how the property is currently used. bgM The project site is currently undeveloped, and the existing trail over water is in disrepair, and unable to be used. 5n. Describe how the adjacent properties are currently used. hf eM All of the property surrounding the lake is undeveloped, forested land. 5o. Describe the structures (above and below ground) on the property, including their purpose(s). hf eM The only structure on the property is a trail made of small diameter logs and stringers that has fallen into disrepair. There is also a residential house and a cabin with outbuildings on the east side of the lake, well outside of the project area. 5p. Provide driving directions from the closest highway to the project location, and attach a map. hei Driving north on Route 3 out of Shelton, WA, drive 2.7 miles. Turn left at E. Mason Lake Rd. and drive 2.2 miles. Turn left at St. Andrews Dr. and drive for 0.1 miles. Turn left on E. Tintagel PI. and follow to the end (0.3 miles). At the end of E. Tintagel Place, there is an access road to the lake with a locked gate. JARPA 2010 v1 3/30/2010 Page 4 of 14 Part 6—Project Description 6a. Summarize the overall project. You can provide more detail in 6d. h( eM The project will consist of a total of about 1475 feet of boardwalk and trail, and an education shelter at the trailhead. The elevated boardwalk will be 566 ft. of ADA-accessible trail over a wetland environment. The other 900 ft. will be an ADA-accessible, overland trail. The 24' x 36' education shelter will be located adjacent to the parking area, about 600 ft. from the start of the boardwalk. Two walls will be included, while the other two sides are open, and the entire floor area within the shelter will be covered with a concrete pad. 6b. Indicate the project category. (Check all that apply) hl elp] ❑ Commercial ❑ Residential ® Institutional ❑ Transportation ® Recreational ❑ Maintenance ® Environmental Enhancement 6c. Indicate the major elements of your project. (Check all that apply) [help] ❑ Aquaculture ❑ Culvert ❑ Float ❑ Road ❑ Bank Stabilization ❑ Dam /Weir ❑ Geotechnical Survey ❑ Scientific ❑ Boat House ❑ Dike/ Levee/ Jetty ❑ Land Clearing Measurement Device ❑ Boat Launch ❑ Ditch ❑ Marina / Moorage ❑ Stairs ❑ Boat Lift ® Dock/ Pier ❑ Mining ❑ Stormwater facility ❑ Bridge ❑ Dredging ❑ Outfall Structure ❑ Swimming Pool ❑ Bulkhead ❑ Fence ❑ Piling ❑ Utility Line ❑ Buoy ❑ Ferry Terminal ❑ Retaining Wall ❑ Channel Modification ❑ Fishway (upland) ® Other: Educational shelter structure 6d. Describe how you plan to construct each project element checked in 6c. Include specific construction methods and equipment to be used. hl eM • Identify where each element will occur in relation to the nearest waterbody. • Indicate which activities are within the 100-year flood plain. The dock/ pier to be constructed is an elevated boardwalk. For the foundation, a geotextile fabric will be filled with crushed rock and sealed to provide a level supporting surface. A welded wire gabion made from PVC- coated galvanized steel will then be placed on the foundation and filled with rock. In some cases, geocells filled with clean gravel will supplement the gabions. Two rubber supports will be placed on top of the gabions along the long axis and fastened to the gabion with a threaded rod and hex nut assembly. The rubber supports are there to support log stringers that act as the base for the deck of the boardwalk. The boardwalk will also have railings designed to comply with IBC 2009. The spans of the boardwalk will be 17 ft., for a total of 34 gabion piers. All construction activity is within,the 100-year floodplain. e During the construction of the 24' x ' educational shelter, the nine 10" x 12" timber columns will be placed first. These posts will be buried 4 ft. and have a 2' thick concrete collar and 8" thick concrete footing beneath the post. 2" x 8" support blocks will then be placed near the top of each column, supporting the main beams of the structure, fastened using %" bolts and 3" dock washers. The roof will be supported using a pre-fabricated truss, as shown in the design. A purlin system will be used to support the corrugated aluminum roofing. Two sides of the structure will be walled, and two sides will remain open. Finally, a concrete pad will be placed to provide flooring for the interior of the structure. All construction activity is within the 100-year floodplain. JARPA 2010 v1 3/30/2010 Page 5 of 14 6e. What are the start and end dates for project construction? (month/year) heI • 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. Start date: _6/ 15/ 11 End date: _3/ 18/ 13 ❑ See JARPA Attachment D 6f. Describe the purpose of the project and why you want or need to perform it. h( eU The purpose of the project is to provide environmental education opportunities to school children and community groups at Cranberry Lake. The interpretive trail that includes the elevated boardwalk will be part of an educational effort put on by the Frank Family Foundation. The current trail is in disrepair and needs to be replaced by a boardwalk system that will minimize impact to the wetland. In support of this mission, the shelter will provide a venue for educational talks and provide protection from the elements for visiting students and the general public. 6g. Fair market value of the project, including materials, labor, machine rentals, etc. heI $169,800 6h. Will any portion of the project receive federal funding? hC gid • If yes, list each agency providing funds. ❑ Yes ® No ❑ Don't know 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.) hf M 7a. Describe how the project has been designed to avoid and minimize adverse impacts to wetlands. hel ❑ Not applicable Implementing the proposed project will minimize adverse impacts to wetlands by keeping foot traffic out of the water and onto an elevated boardwalk. No piles will be driven due to site conditions, so gabion baskets will be used. 7b. Will the project impact wetlands? hf M ® Yes ❑ No ❑ Don't know 7c. Will the project impact wetland buffers? hel ® Yes ❑ No ❑ Don't know 7d. Has a wetland delineation report been prepared? hel • If yes, submit the report, including data sheets,with the JARPA package. ❑ Yes ® No JARPA 2010 v1 3/30/2010 Page 6 of 14 7e. Have the wetlands been rated using the Western Washington or Eastern Washington Wetland Rating System? h( eM • 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[ gd • 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. hf eM See attached document "Cranberry Lake, Mason County, WA Aquatic Weed Remediation Plan 2011." This mitigation plan will focus on the removal of invasive aquatic weeds in Cranberry Lake, within the same watershed as the proposed construction. Remediation would center around the hand-pulling of two aquatic species previously identified: Utricularia inflata and Nymphaea odorata. All remediation work would be in accordance with management practices set forth by APF-1-98. 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. hel 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 category2 Acres) acres) Fill Cranberry Type A, 1360 sq.ft. 6 weeks R 1360 sq. ft. Category 2 If no official name for the wetland exists create a unique name such as"Wetland 1" . The name should n i nt with other project documents such q ( ) u d be co s ste p � , 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. "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. LLelp 140 yd3 of clean 4" to 8" rock will be used to fill welded wire gabion baskets. 40 yd3 of 3" minus crushed rock will be used to fill the separation geotextile fabric. All fill will be contained and not allowed to move due to the nature of the design. The rock will be purchased from the Kennedy Creek Quarry. JARPA 2010 v1 3/30/2010 Page 7 of 14 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. hf M n/a 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.) hf eM ® 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. hem ® Not applicable The boardwalk will be constructed in the wetland, and no activity will take place in the adjacent water body, Cranberry Lake. Construction of the shelter will be well upland of the Lake. 8b. Will your project impact a waterbody or the area around a waterbody? hem ❑ Yes ® No 8c. Have you prepared a mitigation plan to compensate for the project's adverse impacts to non-wetland waterbodies? hf M • 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. ❑ Yes ® No ❑ Not applicable JARPA 2010 v1 3/30/2010 Page 8 of 14 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. h( elpl n/a 8e. Summarize impact(s) to each waterbody in the table below. hf e Activity (clear, Waterbody Impact Duration Amount of material Area (sq. ft. or dredge, fill, pile name' location of impact3 to be placed in or linear ft.) of drive, etc.) removed from waterbody waterbody directly affected n/a 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. 3Indicate 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. h[ eM 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, and where the material will be disposed. h[ ee JARPA 2010 v1 3/30/2010 Page 9 of 14 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. hf pjpl Agency Name Contact Name Phone Most Recent Date of Contact WDFW Gloria Rogers ( 360 ) 249 - 1293 Mason County DCD Rebecca Hersha ( 360 ) 427 —9670, x287 June 21, 2012 US ACE Darren Habel ( 206 ) 764 - 6883 April 20, 2012 9b. Are any of the wetlands or waterbodies identified in Part 7 or Part 8 on the Washington Department of Ecology's 303(d) List? hf eM • 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 ® No 9c. What U.S. Geological Survey Hydrological Unit Code (HUC) is the project in? [km • 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? ljhel • Go to http://www.ecy.wa.gov/services/gis/mal)s/wria/wria.htm to find the WRIA#. 16 9e. Will the in-water construction work comply with the State of Washington water quality standards for turbidity? hf M • Go to http://www.ecy.wa.gov/programs/wq/swgs/criteria.htmi for the standards. JARPA 2010 v1 3/30/2010 Page 10 of 14 ® Yes ❑ No ❑ Not applicable 9f. If the project is within the jurisdiction of the Shoreline Management Act, what is the local shoreline environment designation? hpM • If you don't know,contact the local planning department. • For more information, go to: hftp://www.ecV.wa..qov/programs/sea/sma/laws rules/173-26/211 designations.html. ❑ Rural ❑ Urban ® Natural ❑ Aquatic ❑ Conservancy ❑ Other 9g. What is the Washington Department of Natural Resources Water Type? hem • Go to http:/twww dnr wa gov/BusinessPermitsfTopics/ForestPracticesApplications/Pages/fp watertyping.aspx for the Forest Practices Water Typing System. ❑ 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? hel • If no, provide the name of the manual your project is designed to meet. ® Yes ❑ No Name of manual: 9L If you know what the property was used for in the past, describe below. h[, ell There is a trail made from small diameter logs currently on the site that was made around 15 years ago, but the rest of the site is forest land that has never been developed. 9j. Has a cultural resource (archaeological) survey been performed on the project area? h( eM • If yes, attach it to your JARPA package. ❑ Yes ® No 9k. 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. hel According to the U.S. Fish & Wildlife Service, Washington Fish and Wildlife Office, the listed species in Mason County are: - Bull Trout - Marbled Murrelet - Northern Spotted Owl JARPA 2010 v1 3/30/2010 Page 11 of 14 91. 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. h( elp] The proposed project is within a freshwater wetland. Some priority species known to be on site are the Bald Eagle and Trumpeter Swan. 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.gov/opas/. • Governor's Office of Regulatory Assistance at (800) 917-0043 or help(cD-ora.wa.gov. • For a list of agency addresses to send your application, click on the "where to send your completed JARPA" at http://www.epermitting.wa.gov. 10a. Compliance with the State Environmental Policy Act (SEPA). (Check all that apply.) hf elpl • For more information about SEPA, go to www.ecy.wa.gov/programs/sea/sepa/e-review.html. ® A copy of the SEPA determination or letter of exemption is included with this application. ❑ A SEPA determination is pending with (lead agency). The expected decision date is ❑ 1 am applying for a Fish Habitat Enhancement Exemption. (check the box below in yob.) IkM ❑ 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. 10b. Indicate the permits you are applying for. (Check all that apply.) [Lpjpj JARPA 2010 v1 3/30/2010 Page 12 of 14 LOCAL GOVERNMENT Local Government Shoreline permits: ® 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: ® Hydraulic Project Approval (HPA) ❑ Fish Habitat Enhancement Exemption Washington Department of Ecology: ® Section 401 Water Quality Certification Washington Department of Natural Resources: ❑ Aquatic Resources Use Authorization FEDERAL GOVERNMENT United States Department of the Army permits (U.S. Army Corps of Engineers): ® Section 404 (discharges into waters of the U.S.) ❑ Section 10 (work in navigable waters) United States Coast Guard permits: ❑ General Bridge Act Permit ❑ Private Aids to Navigation (for non-bridge projects) Part 11—Authorizing Signatures Signatures are required before submitting the JARPA package. The JARPA package includes the JARPA form, project plans, photos, etc. of e 11 a. Applicant Signature (required) of eM 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 I agree to start work only after I have received all necessary permits. I hereby authorize the agent named in Part 3 of this application to act on my behalf in matters related to this application.-5?Z (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 enteri the property where the project is located to inspect the project site or any work related to the project. \ (initial) Applicant Printed Nine 1 c Applicant Signature �A Date 14 11 b. Authorized Agent Signature hel JARPA 2010 v1 3/30/2010 Page 13 of 14 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 I agree to start work only after all necessary permits have been issued. Authorized Agent Printed Name Authorized AgpKSignature Date 11 c. Property Owner Signature (if not applicant). hel 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 of Regulatory Assistance(ORA). People with hearing loss can call 711 for Washington Relay Service. People with a speech disability can call (877)833-6341. ORA publication number: ENV-019-09 JARPA 2010 v1 3/30/2010 Page 14 of 14 --------------------------------------- , 20 0 M AGENCY USE ONLY i USA C WAS H I N G TO N STATE orps Date received: , Joint Aquatic Resources Permit , Application (JARPA) Form hel Agency reference#: Tax Parcel#(s): JARPA Attachment C: ------------ Contact information for adjoining TO BE COMPLETED BY APPLICANT hel owners. ' property . hf e � Project Name: Cranberry Lake Trail& Education Shelter Use this attachment only if you have more than four adjoining Location Name(if applicable): property owners. ------------------------------------- Use black or blue ink to enter answers in whites aces below. 5h. Contact information for all adjoining property owners. hf eM Name Mailing Address Tax Parcel#(if known Rae et. al., Barbara J. 271 E. Shetland Rd. 32122—50 - 00501 Shelton, WA 98584 Ragan, James D. 221 E. Shetland Rd. 32122—50 -00358 Shelton, WA 98584 Young, Scott D. 201 E. Shetland Rd. 32122—50 - 00359 Shelton, WA 98584 Collins, William & Raquel M. 191 E Shetland Rd. 32122—50—00360 Shelton, WA 98584 Lantzy, William A. & Robin L. 171 E. Shetland Rd. 32122—50- 00361 Shelton, WA 98584 Willig, Michael J. 32122—50—00362 Willig, Michael J. & Melanie L. 32122- 50—00363 Allen, Jeremy& Bonita 121 E. Shetland Rd. 32122—50- 00364 Shelton, WA If you require this document in another format, contact The Governor's Office of Regulatory Assistance(ORA). People with hearing loss can call 711 for Washington Relay Service. People with a speech disability can call (877)833-6341. ORA publication number: ENV-022-09 JARPA Attachment C v1 04/07/2010 Pagel of 1 --------------------------------------- I /� O 0 1 AGENCY USE ONLY c?6 !. M I I 1 I 1 WASHINGTON STATE S"t" Date received: Joint Aquatic Resources Permit Application (DARPA) Form hf m I I I 1 Agency reference#: I 1 Tax Parcel#(s): JARPA Attachment C: = ----------------------- -------- Contact information for adjoining TO BE COMPLETED BY APPLICANT ----- h( elp] owners. �, ' property Project Name: Cranberry Lake Trail& Education Shelter Use this attachment only if you have more than four adjoining Location Name(if applicable): property owners. ------------------------------------- Use black or blue ink to enter answers in whites aces below. 5h. Contact information for all adjoining property owners. h( eM Name Mailing Address Tax Parcel #(if known) Bowen, Matthew S & Kelly A. 101 E. Shetland Rd. 32122—50—00365 Shelton, WA 98584 Des Jardins, Ruby K. &William 91 E. Shetland Rd. 32122—50 - 00366 Shelton, WA 98584 Berthoud, Gladys I. 71 E. Shetland Rd. 32122—50 - 00367 Shelton, WA 98584 Connet, Richard B. &Theresa J. 40 E. Tintagel Pl. 32122—50 - 00368 Shelton, WA 98584 Lafors, Tom 41 E Tintagel PI. 32122—50 - 00372 Shelton, WA 98584 Parks— Recreational 32122—50 -00502 Parks—Recreational 32129—51 -00001 USA 32127—00 -60000 If you require this document in another format, contact The Governor's Office of Regulatory Assistance(ORA). People with hearing loss can call 711 for Washington Relay Service. People with a speech disability can call (877)833-6341. ORA publication number: ENV-022-09 JARPA Attachment C v1 04/07/2010 Pagel of 1 --------------------------------------- 2 010 1 O M � AGENCY USE ONLY i Us Amy r i WASHINGTON STATE Date received: Joint Aquatic Resources Permit Application (JARPA) Form LtLel Agency reference#: JARPA Attachment C: Tax Parcel#(s): information for adjoining ------------------------------------- ContactLETEDBYAPPLICANT � TO BE COMPLETED BY APPLICANT hel property owners. h[ elp] Project Name: Cranberry Lake Trail& Education Shelter Use this attachment only if you have more than four adjoining Location Name(if applicable): propertyowners. ------------------------------------- Use black or blue ink to enter answers in whites aces below. 5h. Contact information for all adjoining property owners. hf eM Name Mailing Address Tax Parcel#(if known) Parks— Recreational 32127—51 —00003 Parks— Recreational 32127—51 —00114 Parks— Recreational 32127—51 - 00004 -------------- If you require this document in another format, contact The Governor's Office of Regulatory Assistance(ORA). People with hearing loss can call 711 for Washington Relay Service. People with a speech disability can call (877)833-6341. ORA publication number: ENV-022-09 JARPA Attachment C v1 04/07/2010 Pagel of 1 WA-3 N/E Pine St to 110 E Tintagel PI, Shelton, WA 98584 - Google Maps Page 1 of 2 Directions to 110 E Tintagel PI, Shelton,WA Gool.ole 98584 7.1 mi-about 15 mins toy kdade Rd k. 1�t o t1�9 a a a' Shkl t02 Ba carp "Oh v F'ra�ro Rd f Citih Sanderson Washington Meld (Carrecti 5 Christmas CFntpr Village x t d 'Wountain ktsntd View Bey tbt Shelt<On E G E CresMew Dr E Agate Rd Al �[ SE Arcadia Rd Old,# ei U i3 ',IG'1iA S Lyrol�rl Cake' y�Rd tOt &€_`yl:h Rd 02012 Google- http://www.google.com/maps?f=d&source=s d&saddr=WA-3+N%2FE+Pine+St&daddr=... 6/25/2012 WA-3 N/E Pine St to 110 E Tintagel PI, Shelton, WA 98584 - Google Maps Page 2 of 2 WA-3 N/E Pine St O1. Head northeast on WA-3 N/E Pine St toward E Bell Rd go 3.5 mi Continue to follow WA-3 N total 3.5 mi About 5 mins 2. Turn left onto E Mason Lake Rd go 2.2 mi About 6 mins total 5.7 mi 3. Turn left onto E St Andrews Dr go 0.1 mi total 5.8 mi 4. Take the 2nd right to stay on E St Andrews Dr go 1.0 mi About 2 mins total 6.8 mi 5. Continue onto E Tintagel PI go 0.3 mi Destination will be on the right total 7.1 mi 110 E Tintagel PI, Shelton, WA 98584 These directions are for planning purposes only.You may find that construction projects,traffic,weather,or other events may cause conditions to differ from the map results,and you should plan your route accordingly.You must obey all signs or notices regarding your route. Map data©2012 Google Directions weren't right?Please find your route on www.google.com and click"Report aproblem"at the bottom left. http://www.google.com/maps?f=d&source=s_d&saddr=WA-3+N%2FE+Pine+St&daddr=... 6/25/2012 Cranberry Lake, Mason County,WA Aquatic Weed Remediation Plan 2011 Washington Sea Grant on behalf of the Frank Family Foundation May 2011 The population of an aquatic invasive species prompted the Frank Family Foundation Board to authorize and fund a survey of aquatic weeds throughout Cranberry lake, Mason County in 2011. The Board has partnered with Green Diamond Resource Company, the other owner of property fronting Cranberry lake to hire Doppler Enterprises to conduct the survey. In conjunction with this process, Washington Sea Grant was asked to develop a plan for remediation and protection in response to the aquatic plant survey and additional education materials as needed. Invasive aquatic species identified Concerns were identified in 2010 at the rate of cover of Utricularia infllata, swollen bladderwort over the lake. This species is generally free floating or loosely attached to the substrate. The winds that are common on Cranberry lake help to push this species through the entire lake system A series of logs at the outlet side of the lake prevent these plants from escaping downstream to Lake Limerick which already had a growing population of swollen bladderwort prior to the discover of it in Cranberry lake. Swollen bladderwort is easily identifiable to trained volunteers using its flower and star like reproductive structure as key identifying features and can be easily hand pulled from the water. Swollen bladderwort http://www.ecy.wa.gov/programs/wq/plants/plantid2/descriptions/utrinf.html Nymphaea odorata, fragrant water lily,has been identified in Cranberry Lake and is a dominant species on the western end of lake with smaller patches along much of shoreline. This species sends up large leaves and fragrant flowers from a tuberous rhizome system that is easily distinguishable to a trained volunteer from the native Spatterdock,Nuphar polysepala that is also found in this lake. Fragrant water lily http://www.ecy.wa.gov/programs/wq/plants/plantid2/descriptions/nymodo.html Spatterdock: [http://www.ecy.wa.gov/programs/wq/plants/native/nuphar.html] Eradication plan The proposed eradication plan for both,Nymphaea odorata and Utricularia infllata in 2011 is hand pulling using trained volunteers and composting the vegetation on- site as provided in Aquatic Plans and Fish,APF-1-98. APF-1-98 best management practices will be applied and thus serve as the Hydraulics Project Approval for this project. This is the preferred alternative to other methods due to the low level of plant invasion and the desire to use the least invasive techniques possible for invasive aquatic plant control. Volunteers will be trained using a curriculum developed by Doppler Enterprises and Washington Sea Grant in a daylong lecture and field- training workshop. Volunteers will be able to visually identify the various aquatic species,both native and non native found in Cranberry lake at the conclusion of the workshop as well as the role of native aquatic vegetation in the lake ecosystem. Tools used on the lake by volunteers include electric or non-motorized vessels, personal flotation devices,aquatic weed rakes,goodie bags,and identification cards. Once on shore,bags will be emptied into a container for transport to the composting site. The composting site will be a cleared area with landscape fabric tacked down and covered with a weighted tarp to promote heat generation in the pile. The landscape fabric bottom will prevent seeds from being transported into the soil and the cover will prevent birds from consuming and transporting seeds and vegetative matter back into the lake. Standard hot composting best management practices will be observed. The volunteers will be deployed on the lake a minimum of 3 times over the summer and fall of 2011,under the direction of Washington Sea Grant,to harvest fragrant water lilies and swollen bladderwort. At the conclusion of the volunteer efforts in the fall,a post harvest survey will be conducted to determine the efficacy rate and propose adaptive management changes to the control program for 2012. We recognize that the removal of Nymphaea odorata and Utricularia infllata will not happen over night and teams of volunteers will be out on the lake each year into the future to control them. � DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 \ SEATTLE,WASHINGTON 98124-3755 RE ATTENTION OF JUL 12 2011 Regulatory Branch Mr. Benjamin Groth Mason County Conservation District 450 West Business Park Road Shelton, Washington 98584 Reference: NWS-2011-407 Frank Family Foundation Dear Mr. Groth: We have reviewed your application to build an interpretive trail and boardwalk in Cranberry Lake, near Shelton, Mason County, Washington. The work includes filling up to 1000 square feet of wetlands and placement of 47 gabion basket piers for the boardwalk component. Based on the information you provided to us,Nationwide Permit(NWP) 18,Minor Discharges (Federal Register, March 12, 2007 Vol. 72,No. 47), authorizes your proposal as depicted on the enclosed drawings dated May 4, 2011,provided you implement the Cranberry Lake, Mason County, WA Aquatic Weed Remediation Plan 2011, dated May 2011. In order for this NWP authorization to be valid,you must ensure the work is performed in accordance with the enclosed Nationwide Permit 18, Terms and Conditions. The authorized work complies with the Washington State Department of Ecology'.s (Ecology) Water Quality Certification and the Coastal Zone Management Act requirements for this NWP. No further coordination with Ecology is required. We have reviewed your project pursuant to the requirements of the Endangered Species Act (ESA) and the Magnuson-Stevens Fishery Conservation and Management Act in regards to Essential Fish Habitat(EFH). We have determined that this project complies with the ' requir_ements�f"the NWP National Genera on ition regarding F.SA and will not adversely -ic�n affect EFH. 1,r�P �� We have reviewed your project pursuant to the requirements of the National Historic Preservation Act(NHPA). We have determined that this project complies with the requirements of the NWP National General Condition regarding Historic Properties. In the project area, we have determined that Cranberry Lake is a water of the U.S. We have completed an approved jurisdictional determination for your project area dated May 10, 2011, MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division P 0 Box 279,Shelton,WA 98584 (360)427-9670 MITIGATED DETERMINATION OF NONSIGNIFICANCE (WAC 197--11-350) SEP2011-00026 Description of Proposal: Rebuild 2000 feet of interpretive trail, 900 feet of which is elevated boardwalk, in the buffer of Cranberry Lake and its associated wetlands. 47 gabion basket piers (containing 180 cubic yards of rock) will be installed to support the boardwalk in the wetland. The entire trail system will be ADA accessible. Proponent: FRANK FAMILY FOUNDATION Site Address (if Assigned): 110 E TINTAGEL PL SHELTON Directions to Site: Parcel Number: 321280000000 Legal Description: ENTIRE SECTION 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. MITIGATED MEASURES ARE ATTACHED. Please contact Rebecca Hersha at ext. 287 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 4/2812011. Appeal of this determination must be filed within a 14-day period following this final determin ion date, per Mason County Code Chapter 15.11 Appeals. Authorized Local Government Official Date SEP2011-00026 �/v/� /� MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division P O Box 279, Shelton, WA 98584 1 (360)427-9670 MITIGATED DETERMINATION OF NONSIGNIFICANCE (WAC 197-11-350) SEP2011-00026 CONDITIONS OF THIS DETERMINATION 1) Residential developers and individuals shall be required to control erosion during construction. Removal of vegetation should be minimized and any areas disturbed should be restored tRpre ent erosi n a d other environmental impacts.X 2) Debris or deleterious material resulting from construction shall be removed from the area and pro'ecf site ands �allnol�Ieallowed to enter waters of the State. 3) Water quality is not to degrade to the detriment of the aquatic environment as a result of this project.-X- 4) A permit from the US Army Corps of Engineers shall be obtained before commencing const, ct' n. I i i SEP2011-00026 Page 2 of 2 ` Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.56.021-See appeal process at end of HPA Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:August 07,2012 Control Number: 123417-2 Project Expiration Date:October 15,2012 FPA/Public Notice#: N/A PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Frank Family Foundation Mason Conservation District ATTENTION: Guy Lusignan ATTENTION: Rich Geiger PO Box 789 460 Business Park Rd Shelton,WA 98584 Shelton, WA 98584 360-427-9436 Project Name: Cranberry Lake Trail Project Description: Rebuild 1475 feet of an interpretive trail in the buffer of Cranberry Lake and its associated wetlands. 34 gabion basket piers will be installed to support 566 feet of elevated boardwalk in the wetlands. This is a reduction of the length of the boardwalk originally permitted. PROVISIONS 1. Work below the ordinary high water line shall only occur between Immediately and October 15, 2012. 2. Work shall be accomplished per plans and specifications approved by the Washington Department of Fish and Wildlife, except as modified by this Hydraulic Project Approval. A copy of these plans shall be available on site during construction. 3. NOTIFICATION REQUIREMENT: The Area Habitat Biologist(AHB) listed below shall receive written notification (FAX, email or mail)from the person to whom this Hydraulic Project Approval (HPA) is issued (permittee)or the agent/contractor no less than three working days prior to the start of construction activities. The notification shall include the permittee's name, project location, starting date for work, and the control number for this HPA. BOARDWALK AND FOOTINGS 4. Removal of existing structures shall be accomplished so the structure and associated material does not re-enter the lake and wetland. 5. Footing material shall be structurally stable and be composed of material that, if eroded into the lake and wetland, shall not be detrimental to fish life. 6. Removal of aquatic, wetland or shoreline vegetation shall be limited to that necessary to construct the project. 7. The boardwalk and associated footings shall be located to avoid shading of aquatic and wetland vegetation. �HrB Page 1 of 5 1 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021,-See appeal process at end of HPA Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:August 07,2012 Control Number: 123417-2 Project Expiration Date:October 15,2012 FPA/Public Notice#: N/A EQUIPMENT 8. Equipment used for this project shall operate stationed on the boardwalk after the first station is completed. Disturbance of the lake and wetland shall be limited to the footprint of the structure. 9. The use of equipment below the ordinary high water line shall be limited to that necessary to gain position for work. 10. The use of equipment below the ordinary high water line shall be limited to hand held tools only. 11. Equipment used for this project shall be free of external petroleum-based products while working around the stream. Equipment shall be checked daily for leaks and any necessary repairs shall be completed prior to commencing work activities along the stream. REVEGETATION 12. Alteration or disturbance of the area shall be limited to that necessary to construct the project. Within seven calendar days of project completion, all disturbed areas shall be protected from erosion using vegetation or other means. Within one year of project completion, distrubed areas shall be revegetated with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet(on center) and maintained as necessary for three years to ensure 80 percent survival. WATER QUALITY 13. All treated wood shall be professionally treated and completely cured prior to installation around the ordinary high water line to minimize leaching into the water or substrate. The use of wood treated with creosote or pentachlorophenol is not authorized. 14. All lumber to be used for the project shall meet or exceed the standards established in 'Best Management Practices For the Use of Treated Wood in Aquatic and Other Sensitive Environments' developed by the Western Wood Preservers Institute, Wood Preservation Canada, Southern Pressure Treaters'Association, and Timber Piling Council, dated August 1, 2006, and any current amendments or addenda to it. Current amendments and addenda include but may not be limited to 'Amendment#1: CCA- Chromated Copper Arsenate', dated October 25, 2006; and 'Addendum#1: ACC -Acid Chromated Copper', dated February 28, 2007. 15. All waste material such as construction debris, silt, excess dirt or overburden resulting from this project shall be deposited above the limits of flood water in an approved upland disposal site. 16. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. Page 2 of 5 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road TVFISH and RCW 77.55.021 -See appeal process at end of HPA Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:August 07,2012 Control Number: 123417-2 Project Expiration Date:October 15,2012 FPA/Public Notice#: N/A 17. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), immediately stop work except for efforts to control leaks or spills or prevent toxic substances from entering the water and notify the Washington Military Department's Emergency Management Division at 1-800-258-5990, and to the Area Habitat Biologist listed below. Work shall not restart on the project until approved by the Area Habitat Biologist. NOTES At the request of Rich Geiger, of the Mason Conservation District, on August 1, 2012, this Hydraulic Project Approval (HPA) is a time extension of the original HPA issued on May 19, 2011. This HPA now supersedes all previous HPAs for this project. PROJECT LOCATIONS Location #1 Cranberry Lake WORK START: August 07, 2012 IWORK END: October 15, 2012 WRIA: Waterbody: Tributary to: 14.6018 Cranberry Lake Cranberry Creek 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: NW 1/4 �28 �21 N 03 W N 47.28329 W 123.06983. Mason Location#1 Driving Directions From Shelton,take SR 3 north, left on Mason Lake Rd, left on St Andrews Dr, left on E Tintagel Pl. At the end of the road there is an access road to the lake with a locked gate. APPLY TO ALL HYDRAULIC PROJECT APPROVALS This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW(formerly RCW 77.20). Additional authorization from other public agencies may be necessary for this project. The person(s)to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies(local,state and/or federal)that may be necessary for this project. This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person(s)to whom this Hydraulic Project Approval is issued and operator(s)performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s)to whom this Hydraulic Project Approval is issued and operator(s)performing the work may be held liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic Project Approval, Page 3 of 5 -r > Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.021-See appeal process at end of HPA Montesano,WA 98563 Wr WILDLIFE (360)249-4628 Issue Date:August 07,2012 Control Number: 123417-2 Project Expiration Date:October 15,2012 FPA/Public Notice#: N/A Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day and/or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued under RCW 77.55.021 are subject to additional restrictions,conditions,or revocation if the Department of Fish and Wildlife determines that changed conditions require such action.The person(s)to whom this Hydraulic Project Approval is issued has the right to appeal those decisions. Procedures for filing appeals are listed below. NOTE:You may request changes to this HPA. If you paid an application fee for your original HPA you must include payment of$150 with your written request or request billing to an account previously established with Washington Department of Fish and Wildlife. If you did not pay an application fee for the original HPA,no fee is required for a change to it. Requests for changes must include the HPA number, check number or billing account number,and a description of the requested change. Send your written requests and payment, if applicable, by mail to:Washington Department of Fish and Wildlife, PO Box 43234, Olympia,Washington 98504-3234. If you are charging the fee to a billing account number or you are not subject to the fee,you may email your request to HPAapplications@dfw.wa.gov. APPEALS INFORMATION If you wish to appeal the issuance,denial, conditioning, or modification of a Hydraulic Project Approval(HPA), Washington Department of Fish and Wildlife(WDFW)recommends that you first contact the department employee who issued or denied the HPA to discuss your concerns. Such a discussion may resolve your concerns without the need for further appeal action. If you proceed with an appeal,you may request an informal or formal appeal.WDFW encourages you to take advantage of the informal appeal process before initiating a formal appeal.The informal appeal process includes a review by department management of the HPA or denial and often resolves issues faster and with less legal complexity than the formal appeal process. If the informal appeal process does not resolve your concerns,you may advance your appeal to the formal process.You may contact the HPA Appeals Coordinator at(360)902-2534 for more information. A. INFORMAL APPEALS:WAC 220-110-340 is the rule describing how to request an informal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete informal appeal procedures.The following information summarizes that rule. A person who is aggrieved by the issuance,denial,conditioning,or modification of an HPA may request an informal appeal of that action.You must send your request to WDFW by mail to the Washington Department of Fish and Wildlife HPA Appeals Coordinator,600 Capitol Way North,Olympia,Washington 98501-1091;e-mail to HPAapplications@dfw.wa.gov;fax to(360)902-2946;or hand-delivery to the Natural Resources Building, 1111 Washington St SE,Habitat Program, Fifth floor.WDFW must receive your request within 30 days from the date you receive notice of the decision. If you agree, and you applied for the HPA, resolution of the appeal may be facilitated through an informal conference with the WDFW employee responsible for the decision and a supervisor. If a resolution is not reached through the informal conference,or you are not the person who applied for the HPA,the HPA Appeals Coordinator or designee will conduct an informal hearing and recommend a decision to the Director or designee. If you are not satisfied with the results of the informal appeal,You may file a request for a formal appeal, B. FORMAL APPEALS:WAC 220-110-350 is the rule describing how to request a formal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete formal appeal procedures.The following information summarizes that rule. A person who is aggrieved by the issuance, denial,conditioning,or modification of an HPA may request a formal appeal of that action.You must send your request for a formal appeal to the clerk of the Pollution Control Hearings Boards and serve a copy on WDFW within 30 days from the date you receive notice of the decision.You may serve Y Y Y WDFW by mail to the Washington Department of Fish and Wildlife HPA Appeals Coordinator,600 Capitol Way North, Olympia,Washington 98501-1091;e-mail to HPAa lications dfw.wa. ov;fax to 360 902-2946•or hand-deli PP @ g ( ) very to th e e Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor.The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal,you Page 4 of 5 +. Washington Coastal a Department of HYDRAULIC PROJECT APPROVAL 48 Devonshire Road FISH and RCW 77,55.021-See appeal process at end of HPA Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:August 07,2012 Control Number: 123417-2 Project Expiration Date:October 15,2012 FPA/Public Notice#: N/A may request a formal appeal within 30 days from the date you receive the Director's or designee's written decision in response to the informal appeal. C. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS: If there is no timely request for an appeal,the WDFW action shall be final and unappealable. ENFORCEMENT: Sergeant Makoviney(31) P3 Habitat Biologist ,P for Director Gloria Rogers 360-249-1293 � WDFW CC: Page 5 of 5 MASON COUNTY RECEIVED DEPARTMENT OF COMMUNITY DEVELOPMENT 201� Building III, 426 W. Cedar St. AUG 3 P.O. Box 186 426 W. CEDAR ST. Shelton, WA 98584 (360)427-9670 ADDITIONAL INFORMATION FOR SHORELINE CONDITIONAL USE The purpose of Conditional Use Permit is to allow greater flexibility in varying the new application of the Use Regulations of the Master Program. Conditional Use Permits should also be granted in circumstances where denial of the permit would result in a thwarting of the policy enumerated in R.C.W. 90.58. In authorizing a Conditional Use, special conditions may be attached to the permit by local government or the Department of Ecology to prevent undesirable effects of the proposed use. Uses that are classified, or set forth in the Master Program as conditional uses, may be authorized provided the applicant can demonstrate all of the following: 1. The proposed use will be consistent with the policies of RC.W. 90.58 and the policies of the Master Program. 2. The proposed use will not interfere with the normal public use of the shoreline. 3. The proposed use of the site and design of the project will be compatible with other permitted uses within the area. 4. The proposed use will cause no unreasonable adverse effects to the shoreline environment in which it is to be located. 5. The public interest suffers no substantial detrimental effect. Other uses, which are not classified or set forth in the Master Program, may be authorized as conditional uses provided that the applicant can demonstrate, in addition to the criteria set forth above, that extraordinary circumstances preclude reasonable use of the property in a manner consistent with the Use Regulations of the Master Program. Uses, which are specifically prohibited by the Master Program, may not be authorized. In the granting of all Conditional Use Permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if Conditional Use Permits were granted for other developments in the area where similar circumstances exist, the total of the conditional uses should remain consistent with the policies of the Master Program and should not produce substantial adverse effects to the shoreline environment. Please respond to the above five criteria in writing and attach any additional information,as needed. ACKOWLEDGEMENT I hereby declare,to the best of my knowledge and belief,the forgoing information and all attached information is true and correct. Applicant or authorized representative: Print Name Signature Date Pg. 1 Conditional Shoreline Permit Application County Department of Community Development) Cranberry Lake Boardwalk&Shelter Addendum August 31,2012 PROPERTY DESCRIPTION: General location (include property address,water body and associated wetlands —identify the name of the shoreline): The project property,located at 110 E.Tintagel Place in Shelton,is a 640-acre plot including the eastern half of Cranberry Lake and surrounding forest land. It is owned and managed by the Frank Family Foundation. Construction activities associated with this project will occur on or near the wetland along the north side of Cranberry Lake. DEVELOPMENT DESCRIPTION: Development(identify and describe the proposed project,including the type of materials to be used, construction methods,principal dimensions, and other pertinent information): Boardwalk: This project includes the construction of an approx. 600-ft. long and 5-ft.wide boardwalk as part of a larger trail network. The footings of the boardwalk consist of gravel wrapped in geotextile fabric.These 5-ft. by 8-ft. "gravel wraps" extend through the swamp muck to competent soils below,typically clay hardpan,in order to provide a solid foundation for the structure. Foundations are spaced approximately 17'-3" apart. Depending on local conditions, these gravel wraps support a combination of gravel-filled, 6"-tall geocells and 1.5'to Y-tall gabions filled with 4- 6" dia. rock. These structures then support rubber curb stops,which in turn support the major 6"x 10" and 8"x 10" timber stringers underlying the boardwalk. Threaded rod assemblies extend from the upper surface of the gravel wraps into the stringers to tie the structure together. The boardwalk superstructure,including stringers,is composed of treated lumber of various sizes,with galvanized aluminum fencing included for the purpose of meeting building code requirements. Various galvanized fasteners are used. All pressure-treated material is located above the ordinary high water level. See attached drawings. Shelter: The proposed educational shelter will be a two-wall structure with an open interior. Covering a space of 24'by W.,the structure will be principally supported by nine 10"x 12", pressure-treated posts, each embedded 4 ft.into the ground with a concrete collar and footing. The floor surface will be created using a concrete pad,and the roof construction will involve standard truss and purlin construction. See attached drawings for more detail. Pg.2 Use (identify current use of property with existing improvements): This property is currently held in trust by the Frank Family Foundation with the ultimate intent to create an environmental education center for local schoolchildren and the general public. Two houses are located on the property, one of which is inhabited by the property's caretaker. These structures are relatively distant from the project site. Other improvements include a small dock and a gravel roadway system throughout the property. Additionally,a portion of the new boardwalk has already been constructed in accordance with prior permits and a shoreline permit exemption for routine repair of existing structure. Reason for requesting development: Boardwalk: The boardwalk is meant to increase ecological access to school children and the general public, thereby creating more environmental education opportunities within the local community. Originally,this structure was permitted as routine replacement of an existing boardwalk,and accordingly the project was provided a shoreline exemption by Mason County. During construction of the first segment of the new boardwalk,which is on the east side of the wetland, the Foundation determined that they would prefer to follow a more aesthetically-pleasing route which would connect with planned overland trails near the west side of the wetland. Shelter: In accordance with the Foundation's goal of increasing opportunities for environmental education at Cranberry Lake,the educational shelter will provide cover from weather and allow for educational presentations and other related uses. The structure location was originally sited more than 200 ft. from the Cranberry Lake shoreline,but the Frank Family Foundation determined that the previously proposed location would not optimally meet their educational goals. Accordingly,the Foundation has selected a new location near the trailhead to the boardwalk,which is approx.. 175 ft. from the lake shoreline. Please note that the Frank Family Foundation's priority is to pursue continuation of the boardwalk construction as soon as possible. Relocation of the education shelter is secondary to this objective, and could be dropped from the permit application if necessary. Declaration: 1. The proposed use will be consistent with the policies of R.C.W. 90.58 and the policies of the Master Program. 2. The proposed use will not interfere with the normal public use of the shoreline. 3. The proposed use of the site and design of the project will be compatible with other permitted uses within the area. 4. The proposed use will cause no unreasonable adverse effects to the shoreline environment in which it is to be located. 5. The public interest suffers no substantial detrimental effect. Pg.2 Use (identify current use of property with existing improvements): This property is currently held in trust by the Frank Family Foundation with the ultimate intent to create an environmental education center for local schoolchildren and the general public. Two houses are located on the property,one of which is inhabited by the property's caretaker. These structures are relatively distant from the project site. Other improvements include a small dock and a gravel roadway system throughout the property. Additionally,a portion of the new boardwalk has already been constructed in accordance with prior permits and a shoreline permit exemption for routine repair of existing structure. Reason for requesting development: Boardwalk: The boardwalk is meant to increase ecological access to school children and the general public,thereby creating more environmental education opportunities within the local community. Originally,this structure was permitted as routine replacement of an existing boardwalk,and accordingly the project was provided a shoreline exemption by Mason County. During construction of the first segment of the new boardwalk,which is on the east side of the wetland,the Foundation determined that they would prefer to follow a more aesthetically-pleasing route which would connect with planned overland trails near the west side of the wetland. Shelter: In accordance with the Foundation's goal of increasing opportunities for environmental education at Cranberry Lake,the educational shelter will provide cover from weather and allow for educational presentations and other related uses. The structure location was originally sited more than 200 ft. from the Cranberry Lake shoreline,but the Frank Family Foundation determined that the previously proposed location would not optimally meet their educational goals. Accordingly,the Foundation has selected a new location near the trailhead to the boardwalk,which is approx.. 175 ft. from the lake shoreline. Please note that the Frank Family Foundation's priority is to pursue continuation of the boardwalk construction as soon as possible. Relocation of the education shelter is secondary to this objective, and could be dropped from the permit application if necessary. Declaration: 1. The proposed use will be consistent with the policies of R.C.W. 90.58 and the policies of the Master Program. 2. The proposed use will not interfere with the normal public use of the shoreline. 3. The proposed use of the site and design of the project will be compatible with other permitted uses within the area. 4. The proposed use will cause no unreasonable adverse effects to the shoreline environment in which it is to be located 5. The public interest suffers no substantial detrimental effect LIST OF ADJACENT PROPERTY OWNERS' MAILING ADDRESSES WITHIN 300 FEET OF YOUR PROPERTY BOUNDARIES FOR PUBLIC HEARING NOTIFICATION Pg. 1 of 3 Addresses are to be obtained from the Mason County Assessor's Office, Bldg. 1, Second Floor. Green Diamond Resource Company Brix Et.Al.,James A.Jr. P.O.Box 9001 2717 Marine Dr. Shelton,WA 98584 Beaverton,OR 98312 United States of America Peste Fain LT Prsp Et.Al. P.O.Box 11249 P.O.Box 118 Olympia,WA 98508 Shelton,WA 98584 Rae Et.Al.,Barbara J.,Kathleen Stickley-Jensen Ragan,James D. 291 W.Wivell Rd. 151 E.Tenby Way Shelton,WA 98584 Shelton,WA 98584 Young,Scott D. Collins,William&Raquel M. 201 E.Shetland Rd. 6211 Young Rd.NW Shelton,WA 98584 Olympia,WA 98502 Lantzy,William A.&Robin L. Willig,Michael J.&Melanie L. 171 E.Shetland Rd. 151 E.Shetland Rd. Shelton,WA 98584 Shelton,WA 98584 Allen,Jeremy&Bonita Bowen,Matthew S.&Kelly A. 121 E. Shetland Rd. 101 E.Shetland Rd. Shelton,WA 98584 Shelton,WA 98584 Des Jardins,Ruby K.&William Berthoud,Gladys 1. 91 E.Shetland Rd. 71 E. Shetland Rd. Shelton,WA 98584 Shelton,WA 98584 Connet,Richard B.&Theresa J. Thompson Et.Al.,Josh Jacob C. Thompson P.O.Box 493 4080 34 h Ave.S. Shelton,WA 98584 Seattle,WA 98118 Sutlief,Roy&Marilyn Barker,William B. 7413 Steilacoom Blvd. SW 417 SW 124 h St. Lakewood,WA 98499 Seattle,WA 98146 LIST OF ADJACENT PROPERTY OWNERS' MAILING ADDRESSES WITHIN 300 FEET OF YOUR PROPERTY BOUNDARIES FOR PUBLIC HEARING NOTIFICATION Pg. 2 of 3 Addresses are to be obtained from the Mason County Assessor's Office, Bldg. 1, Second Floor. Mayner,Lyle&Ronda Nelsen,Kristopher E.&Hannah S. 1121 E. St.Andrews Dr. 1161 E. St.Andrews Dr.N Shelton,WA 98584 Shelton,WA 98584 Lake Limerick Country Club,Inc. Paradise Metal Products,Inc. 790 E.St.Andrews Dr. Pat Paradise Shelton,WA 98584 2150 E.Mason Lake Rd. Shelton,WA 98584 Pahnquist,David L. Peters, Steven R.&K.Diane 1515 E. 33`a St. 243 Binns Swiger Loop Rd. Vancouver,WA 98663 Shelton,WA 98584 Gooby,Clifford M.&Margaret A. Prescott,Frances M. 170 E Connemara Way 180 E.Connemara Way Shelton,WA 98584 Shelton,WA 98584 King-Ellison,Robert&Janet Homer,David F.&Margaret L. 200 E.Connemara Way 241 E.Connemara Way Shelton,WA 98584 Shelton,WA 98584 Johannesen,Chris R.&Esther S. Saylor TRSE,Stevan/Terri Bole 333 S. 124`h St. Saylor Family Rev.Trust Seattle,WA 98168 351 E.Penzance Rd. Shelton,WA 98584 Toner,Edward A.&Shirley B. Dailey,Barbara 341 E.Penzance Rd. 321 E.Penzance Rd. Shelton,WA 98584 Shelton,WA 98584 Taylor,Dori B. Christensen,Betty Jean 6956 Indiana Ave. Ste.#1 6633 McDonald Ave.#34 Riverside,CA 92506 Gig Harbor,WA 98335 Bader,Kathryn L. Osborne,Kirk W.&Yvonne J. 16442 14'b Ave. SW 251 E.Penzance Rd. Seattle,WA 98166 Shelton,WA 98584 LIST OF ADJACENT PROPERTY OWNERS' MAILING ADDRESSES YOUR WITHIN 300 FEET OF OU PROPERTY BOUNDARIES FOR PUBLIC HEARING NOTIFICATION Pg. 3 of 3 Addresses are to be obtained from the Mason County Assessor's Office, Bldg. 1, Second Floor. Osborne,Christopher J. Roy,Ann M. C/O Kirk Osborne 211 E.Penzance Rd. 251 E.Penzance Rd. Shelton,WA 98584 Shelton,WA 98584 Cain,Rickey C.&Susan L. Morrow,Budd M.&Bonnie R. 1443 San Miguel Canyon Rd. 171 E.Penzance Rd. Watsonville,CA 95076 Shelton,WA 98584 Johnson,William C.&Clara Ann Miranda,Samuel C.&Catherine J. 151 E.Penzance Rd. 131 E.Penzance Rd. Shelton,WA 98584 Shelton,WA 98584 Wood,Rebecca B.&Russell E. Deibell,Jean L. 8150 SE Haida Dr. 50 E.Road of Tralee Port Orchard,WA 98366 Shelton,WA 98584 O'Haleck,Shandra Lynn Cowart,Randy P.&Linda P. 60 E.Road of Tralee 80 E.Road of Tralee Shelton,WA 98584 Shelton,WA 98584 Greer,John&Jacqueline Westsound Bank 120 E.Road of Tralee C/O FDIC Shelton,WA 98584 40 Pacifica Ste. 1000 Irvine,CA 92618 Yates,Gregory S.&Kymberly S. Richards,Edwin A.&Heather D. 170 E.Road of Tralee 180 E.Road of Tralee Shelton,WA 98584 Shelton,WA 98584 Moran Timber LLC 4483 E. State Route 3 Shelton,WA 98584