HomeMy WebLinkAboutDredging - PLN General - 1/30/1992 January 30, 1992
TO: Robin Tyner
FROM: Grace Miller
RE: Associated wetland - NE 1/4 of Sec 30, Twn 21 N, R 3 W
Dear Robin,
Upon your request I have further investigated the site which you
are proposing to dredge and offer the following comments:
1) Staff from the Shorelands Section of the Dept. of Ecology should
conduct a site inspection to verify that the wetland on your
property is indeed associated to Cranberry Lake. This is Planning
staff' s recommendation at this time and what we would do if anyone
with a proposal to dredge the wetlands were to question what County
regulations apply.
Sid Brower and Peggy Bill of Dept. of Ecology' s Wetlands section
were on the site with us during Fall of 1991 and explained that
your site may be associated wetlands of Cranberry Lake and that you
should have Al Wald verify the fact. If the wetlands were
determined to be associated wetlands, the County Master Program and
the State Shoreline Management Act would have regulations governing
development there.
It is my interpretation in reviewing the aerials and the NWI maps
that the wetlands on your property are associated to Cranberry Lake
and therefore, under the jurisdiction of the Mason County Shoreline
Master Program. I have asked the other Shoreline Planners for their
interpretation and all agreed that the wetland on your property is
associated wetlands to Cranberry Lake. In addition, the shoreline
designation of the wetland is Natural, not Conservancy. The
freshwater body of Cranberry Lake near your property is a Natural
designation, therefore, the associated wetland is Natural . The
regulations would apply to the biological wetlands and up to their
edge. The Shoreline Master Program' s jurisdiction on your site does
not apply to the uplands.
Dredging is prohibited in a Natural environment unless "it is
necessary in conjunction with flood control measures . " If staff
were to accompany Al Wald from DOE' s Shorelands section out to the
site and look at the aerials, he may or may not agree with this
determination. He could also determine if the environment of your
wetlands is Natural or Conservancy. In Conservancy designation you
would have the option of applying for a Conditional Use Permit to
dredge "if it is necessary in containing peat and peat moss . "
The Dredging Chapter is attached and the definition of Natural
Environment is attached. Because the wetlands appear to be
designated as a Natural Environment you do not have the option to
apply for a permit to dredge. Dredging and degredation of the
wetlands is prohibited.
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2) The Army Corps of Engineers would also require a permit for
dredging. You would need to go through the Corps permit process.
They may decide to exempt it if it is under an acre.
y.
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
Mail Stop PV-17 • Olympia, Washington 98504-8711 • (205) 459-bcft
April 8, 1992
Mr. Don Brush
Ms. Robin Monroe
Mason County
Department of Community Development
Post Office Box 578
Shelton, WA 98584
Dear Mr. Brush and Ms. Monroe:
At your request, I have looked into the question of association of a
wetland that is hydrologically connected to Cranberry Lake. I visited
the site on March 12, 1992, and have since looked at aerial photographs ,
and the following maps: National Wetland Inventory (NWI) , USGS
topographic quad and the official shoreline designation map.
I have enclosed photocopies of the Cranberry Lake portion of the
topographic map and the shoreline designation map. The Mason County
designation maps were originally approved in June 1972, and subsequently
adopted by the Department as an appendix to Chapter 173-22 WAC. In fact,
the entire wetland is mapped as associated with Cranberry Lake. Because
the wetland is associated with a natural shoreline environment that
environment would apply. Any work within the wetland will require a
shoreline permit.
Even if the wetland had not been mapped as associated, everything else I
have looked at indicates an association with Cranberry Lake. The USGS
topographic map shows the area at the same elevation as the lake. The
NWI shows a rich variety of wetland types. The majority appears to be
palustrine scrub-shrub and the forested hummocks are shown as forested
wetlands . While the site is quite a distance from the lake, there is a
hydrological connection and contiguous wetlands from the site down to the
lake.
From my site visit and the aerial photographs it appears that there has
been little development (other than logging) that has taken place within
the watershed around the wetland. The wetland is probably as pristine as
an a r4as v� ir. western ..__hinoton and measures should be taken to ensure that
impacts are minimized or preferably avoided altogether. P^�
I hope this answers your questions. Feel free to call me at (206) 438
7449. APR j 120'92
Sincerely, MASON CO. 1L1NKNG %EP,
Kim Van Zwal urg
Shoreline Specialist
Shorelands and Coastal Zone
KV:dh Management Program
Enclosures
CIO
Feedlot. An enclosure or facility used or capable of being used for feeding of
r livestock hay, grain silage, or other livestock feed, but shall not include
land for growing crops or vegetation for livestock feeding and/or grazing, nor
shall it include normal livestock wintering operations.
Fetch. The perpendicular distance across the channel or inlet.
Floodway. Those portions of the area of a river valley lying streamward from
the outer limits of a watercourse upon which flood waters are carried during
periods of flooding that occur with reasonable regularity, although not
necessarily annually, said floodway being identified, under normal condition by
changes in surface soil conditions or changes in types or quality of vegetative
ground cover condition. The floodway shall not include those lands that can
reasonable be expected to be protected from flood waters by flood control
devices maintained by or maintained under license from the Federal Government,
the state, or a political subdivision of the state. The limit of the floodway
is that which has been established in flood regulation ordinance maps or by a
reasonable method which meets the objectives of the Act (WAC 173-22-030(3)) .
Floodplain. One hundred year floodplain and means that area susceptible to
being inundated by stream derived waters with a one percent chance of being
equaled or exceeded in any given year.
Forest Practices. Any activity conducted on or directly pertaining to forest
land and related growing, harvesting, or processing of timber including but
not limited to: (1) road and trail construction, (2) harvesting, (3) pre-
commercial thinning, (4) reforestation, (5) fertilization, (6) prevention and
suppression of diseases and insects, (7) salvage of timber, (8) brush control ,
and (9) slash and debris disposal .
Excluded from this definition is preparatory work such as tree marking,
surveying and removal of incidental vegetation such as berries, greenery, or
other natural product whose removal cannot normally be expected to result in
damage to shoreline natural features. Log storage away from forest lands is
considered under Industry.
Groins. A barrier type of structure extending from the beach or bank into a
water body for the purpose of the protection of a shoreline and adjacent
uplands by influencing the movement of water or deposition of materials.
Generally narrow and of varying lengths, groins may be built in a series along
the shore.
Hearings Board. The State Shorelines Hearings Board established by the Act in
RCW 90.58. 170.
Home Occupation. A business conducted within a dwelling which is the residence
of the principal practitioner. A Home Occupation may be reviewed as a
residential use provided it complies with all applicable County Ordinances and
no alteration is made to the exterior of the residence or site which would
alter the character of the site as residential property including parking and
signs. Home Occupations which require more than $2,500 in exterior development
costs require a Substantial Development Permit.
Industrial Development. Facilities for processing, manufacturing, and storage
of finished or semi -finished products, together with necessary accessory uses
such as parking, loading, and waste storage and treatment.
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Jetties. Structures generally perpendicular to shore extending through or past
the intertidal zone. They are built singly or in pairs at harbor entrances or {
river mouths mainly to prevent shoaling or accretion from littoral drift.
Jetties also serve to protect channels and inlets from storm waves or cross
currents.
Joint-Use Private Dock. A dock or float for pleasure craft moorage or water
sports for exclusive use by two or more waterfront lot owners, excluding
marinas.
Landfill . The creation of or addition to a dry upland area by depositing
materials. Depositing topsoil in a dry upland area for normal landscaping
purposes is not considered a landfill .
Littoral Drift (or transport). The natural movement of sediment, particularly
sand and gravel , along shorelines by wave action in response to prevailing
winds or by stream currents. (See Drift Sector.)
Marina. A commercial moorage with or without dry storage facility for over ten
pleasure or commercial craft excluding canoes, kayaks and rowboats. Goods or
services related to boating may be sold commercially. Uses associated with
marinas shall conform to the regulations for these uses.
Marine Waters_. All bodies of water having a connection with the open sea and
which are tidally influenced, together with adjoining transitional and
estuarine areas where average ocean derived salts exceed five parts per
thousand. ,
Master Prograim. Mason County program for regulation and management of the
shorelines of the state including goals and policies, use regulations, maps,
diagrams, charts and any other text included in the Program. The enforceable
provisions of the Master Program are embodied in this ordinance.
Mean Higher High Tide. The elevation determined by averaging each day's
highest tide in a particular saltwater shoreline area over a period of 18.6
years.
Mining. The removal of sand, gravel , minerals or other naturally occurring
materials from the earth.
Multi -family [)welling. A building designed or used for a residence by three or
more household units, including but not limited to apartments, condominium
complexes, and townhouses.
Natural Environment. The natural environment is intended to preserve and
restore those natural resource systems existing relatively free o
y g y f human
influence. Local policies to achieve this objective should aim to regulate all
potential developments degrading or changing the natural characteristics which
make these areas unique and valuable.
The main emphasis of regulation in these areas should be on natural systems and
resources which require severe restrictions of intensities and types of uses to ,
maintain them in a natural state. Therefore, activities which may degrade the
actual or potential value of this environment should be strictly regulated.
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Any activity which would bring about a change in the existing situation would
be desirable only if such a change would contribute to the preservation of the
existing character.
The primary determinant for designating an area as a natural environment is the
actual presence of some unique natural or cultural features considered valuable
in their natural or original condition which are relatively intolerant of
intensive human use.
Non-conforming Development. A shoreline use, structure or lot which was
lawfully constructed or established prior to the effective date of the Act, or
the Master Program, or amendments thereto, but which does not conform to
present regulations or standards of the Program or policies of the Act.
Normal Maintenance. Those usual acts to prevent a decline, lapse or .cessation
from a lawfully established condition.
Normal Repair. To restore a development to a state comparable to its original
condition within a reasonable period after decay or partial destruction except
where repair involves total replacement which is not common practice or causes
substantial adverse effects to the shoreline resource or environment (WAC 173-
14-040(b) ) . A reasonable period of time for repair shall be up to one year
after decay or partial destruction, except for bulkhead replacement which shall
be allowed up to five years. Total replacement which is common practice
includes but is not limited to floats, bulkheads and structures damaged by
accident, fire and the elements.
Normal Protective Bulkhead (also referred to as "erosion control bulkhead") . A
retaining wall -like structure constructed at or near ordinary high water mark
to protect a single family residence or lot upon which a single family
residence is being constructed and is for protecting land from erosion, not for
the purpose of creating land.
Ordinary High Water Mark (OHWM) . On all lakes, streams, and tidal water is
that mark that will be found by examining the bed and banks and ascertaining
where the presence and action of waters are so common and usual , and so long
continued in all ordinary years, as to mark upon the soil and character
distinct from that of the abutting upland, in respect to vegetation as that
condition exists on June 1, 1971, or as it may naturally change thereafter or
as it may change thereafter in accordance with permits issued by local
government or the Department PROVIDED THAT in any area where the ordinary high
water mark cannot be found, the ordinary high water mark adjoining salt water
shall be the line of mean higher tide and the ordinary high water shall be the
line of mean higher high tide and the ordinary high water mark adjoining fresh
water shall be the line of mean high water. (WAC 173-22-030 as amended)
Permit. A Shoreline Substantial Development Permit, Conditional Use Permit, or
Variance Permit, any combination thereof, or their revisions, issued by Mason
County Pursuant to RCW 90.58.
Person. An individual , partnership, corporation, association, organization,
cooperative, public or municipal corporation, or agency of the state or local
governmental unit however designated.
Pier. An open pile structure generally built from the shore extending out over
the water to provide moorage for private recreation, commercial or industrial
watercraft and/or float planes.
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Plot Plan. An area drawing to scale of proposed project showing existing
structures and improvements including wells, septic tanks and drainfields,
proposed structures and other improvements and the line of ordinary high water.
Port Development. Public or private facilities for transfer of cargo or
passengers from water-born craft to land and vice versa; including but not
limited to piers, wharves, sea islands, commercial float plane moorages, off-
shore loading or unloading buoys, ferry terminals, and required dredged water-
ways, moorage basins and equipment for transferring cargo or passengers between
land and water modes. Excluded from this definition and dealt with elsewhere
are marinas, boat ramps or docks used primarily for recreation, cargo storage
and parking areas not essential for port operations, boat building or repair.
The latter group are considered as industrial or accessory to other uses.
Recreational Development. Recreational development includes facilities such as
campgrounds, recreational vehicle parks, day use parks, etc. .
Residential Development. The development of land or construction or placement
of dwelling units for residential occupancy.
Revetment. A sloped wall constructed of rip rap or other suitable material
placed on stream banks or other shorelines to retard bank erosion from high
velocity currents or waves respectively.
Rip Rae. Dense, hard, angular rock used to armor revetments or other flood
control works.
Road and Railway Development. Includes also related bridges and culverts, :
fills, embankments, causeways, parking areas, truck terminals and rail
switchyards, sidings and spurs. These are addressed under "Recreation and
Forest Practices" .
Rural Environment. The Rural Environment is intended to protect agricultural
land from urban expansion, restrict intensive development along undeveloped
shorelines, function as a buffer between urban areas, and maintain open spaces
and opportunities for recreational uses compatible with agricultural
activities.
The Rural Environment is intended for those areas characterized by intensive
agricultural and recreational development. Hence, those areas that are already
used for agricultural purposes, or which have agricultural potential should be
maintained for present and future agricultural needs. Designation of Rural
Environments should also seek to alleviate pressures or urban expansion on
prime farming areas.
New developments in a rural environment are to reflect the character of the
surrounding area by limiting residential density, providing permanent open
space and by maintaining adequate building setbacks from water to prevent
shoreline resources from being destroyed for other rural types of uses.
Public recreation facilities for public use which can be located and designed
to minimize conflicts with agricultural activities are recommended for the
rural environment. Linear water access which will prevent overcrowding in any
one area, trail systems for safe nonmotorized traffic along scenic corridors and provisions -for recreational viewing of water areas illustrate some of the
ways to ensure maximum enjoyment of recreational opportunities along shorelines
10
CHAPTER 7.16.140
DREDGING
DEFINITION
The removal , displacement, and disposal of unconsolidated earth material
such as silt, sand, gravel , or other submerged material from the bottom of
water bodies, ditches or natural wetlands: maintenance dredging and other
supportive activities are included in this definition.
POLICIES
1 . Upstream migration and downstream escapement of migratory fish should
be considered. If dredging operations wholly involve a creek, stream, or river
channel , or other recognized fish migration route, these operations should be
restricted to 12 hours per day to allow for successful passage of these fish.
2. In Rural , Conservancy and Natural Environments: Dredging operations
in certain environmental conditions could be extremely detrimental and should
be carried out only as a means to preserve, protect, or improve existing
conditions .
USE REGULATIONS
1 . Urban Industrial and Urban Water Environments. Dredging shall be
permitted:
a. If it is necessary to deepen or widen navigation channels.
b. If it is necessary to deepen or widen commercial moorage.
C. If it is necessary to create settling lagoons.
d. If it is necessary in conjunction with flood control measures.
e. If it is necessary in creating solid foundations for placement
of concrete, riprap, and other building materials.
f. If it is necessary in containing peat and peat moss.
g. If it is necessary to facilitate channel clearance and
improvement.
h. If it is necessary to remove roots, logs, brush, grasses, and
other material to create access from the shore to navigable
water.
i . If it is necessary to remove siltation and other debris from
lagoons, ponds and other areas used by industry.
j . If it is necessary when industrial expansion requires landfill
over present lagoons or ponds and they must be relocated.
k. If it is necessary to facilitate movement of floating materials.
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2. Urban Residential and Urban Commercial Environments. Dredging shall
e permitted:
a. If it is necessary to deepen or widen navigation channels.
b. If it is necessary to deepen or widen commercial moorage.
C. If it is necessary to create settling lagoons.
d. If it is necessary in conjunction with flood control measures.
e. If it is necessary in creating solid foundations for placement
of concrete, riprap, and other building materials.
f. If it is necessary in containing peat and peat moss.
g. If it is necessary to facilitate channel clearance and
improvement.
h. If it is necessary to remove roots, logs, brush, grasses, and
other material to create access from the shore to navigable
water.
i . If it is necessary in certain shellfish farming, harvesting, and
protection operations.
3. Rural and Conservancy Environments. Dredging shall be permitted:
C �
a. If it is necessary to deepen or widen navigation channels.
b. If it is necessary to deepen or widen commercial moorage.
C. If it is necessary to create settling lagoons.
d. If it is necessary in conjunction with flood control measures.
e. If it is necessary in creating solid foundations for placement
of concrete, riprap, and other building materials.
f. -Jf it is ecessary in contai in -peat and pea�
_Toss.
10 AQNe 00M p/ I QQG( _
g. If it is necessary to Icilitate channel clearance and
improvement.
h. If it is necessary to remove roots, logs, brush, grasses, and
other material to create access from the shore to navigable
water.
i . If it is necessary to facilitate movement of floating materials.
j . If it is necessary in certain shellfish farming, harvesting, and
protection operations.
k. If it is necessary to create or maintain drainage channels in
lowland areas for agricultural purposes. ,
UuGa�n,ce � o r
�GS�rl�4 or wo&,j4 or fin G `"e oprnj4) or IQ (Wase o�.
4. Natural Environment. Dredging shall be permitted: If it is neces-
sary in conjunction with flood control measures.
5. For all Environments. Dredging restrictions are as follows:
a. Dredging operations shall not cause damage to adjacent
shorelines or marine developments.
b. Dredging operations shall be self-monitored to control to a
feasible minimum any leaks or spillage of dredged materials from
pipes, machinery, dikes, or bulkheads.
C. Dredging machinery or vessels shall use reasonable precautionary
measures to prevent petroleum from entering the water.
d. Dredged material , if deposited within shoreline boundaries,
shall be contained by bulkheading, diking, or other acceptable
methods, to prevent undesirable erosion or shifting after
operations and related monitoring are needed.
e. Dredged material , when not deposited on land, shall be placed in
spoils deposit sites in water areas to be identified by the
County. Depositing of dredge material in water areas shall be
allowed only for habitat improvement, to correct problems of
material distribution affecting adversely fish and shellfish
resources or where the alternatives of depositing material on
land are more detrimental to shoreline resources than depositing
in water areas.
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