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HomeMy WebLinkAboutSHR2007-00024 Replacement Floats Hearing - SHR Letters / Memos - 1/25/2008 1 BEFORE THE HEARING EXAMINER FOR MASON COUNTY Phil Olbrechts,Hearing Examiner 3 RE: North Forty Transportation 4 LLC FINDINGS OF FACT, CONCLUSIONS 5 OF LAW AND FINAL DECISION Shoreline Substantial Development 6 Permit Revision (SHR2007-00024) 7 8 INTRODUCTION AA 9 00 l0 The applicant has requested a revision to the shoreline substagV %lopment permit decision issued for North Forty Transportation LLC under �09!�00024. 11 The Examiner approves the revision. f� 12 A EXHIBITS 01**X 2 13 ! - 14 See "Case Index" attached to Staff Report dated January 8, 2008. 15 FINDINGS OF FACT 16 Procedural: 17 1. Applicant. The applicant is North Forty Transportation LLC. The 18 applicant's agent and representative is Brian McGinnis. 19 2. Site Description/Proposal/Adverse Impacts. The Findings of Fact of the final decision for the shoreline substantial development permit of this case 20 (SHR2007-00024) are adopted and incorporated by this reference as if set forth in full. The changes proposed by the applicant are identified in Exhibits 2-4 of the staff 21 report for this revision. The revisions only slightly change the configuration of the 22 float/dock facility. The staff report states that the revision does not change the "float coverage", which the Examiner understands to be the total square feet of the float 23 facility. The revision also does not change the number of boat slips and does not change the location of the slips in a any manner that could conceivably increase 24 adverse environmental impacts. The primary issue of concern for the original substantial development permit was an increase in boat traffic the project would 25 generate and the impacts on oyster beds created by this increase in traffic. The modified design does not appear to have any impact on boat traffic. Given all these {PA0674181.DOC;2/13009.090000/9000001 Union Marina Revision P. 1 Findings, Conclusions and Decision factors, the modification will not create any appreciable change in adverse impacts, 1 environmental or otherwise. 3 CONCLUSIONS OF LAW 4 Procedural: 5 1. Authority of Hearing Examiner. MCC 15.09.055(H) authorizes the Examiner to approve revisions to shoreline substantial development permits. No 6 public hearing is required. 7 Substantive: 8 2. Permit Review Criteria: MCC 15.09.055(H)(c) authorizes approval of a 9 proposed revision if the revision "is determined to be within the scope and intent of 10 the original permit". As discussed in the Findings of Fact above, the proposed revision creates no significant change in the scope or design of the proposal and 11 creates no increase in adverse impacts. There is no change in the number of boat slips or float coverage and an immaterial change in location of the facility. Given the 12 insignificance of the revision, the Examiner finds the revision to be within the scope and intent of the original permit as required by MCC 15.09.055(H). Given that the 13 impacts and scope of the project have not change with the revision, the Examiner also 14 adopts by reference Conclusion No. 55 of the original permit and concludes that the project still complies with MCC 15.09.055(C). 15 DECISION 16 17 The revision, as proposed in Exhibits 3, is approved. 18 iG- DATED this 3 day of January, 2008 19 70 21 Phil Olbrechts Mason County Hearing Examiner 72 23 24 25 (PAO674181.DOC;2/13009.090000/900000) Union Marina Revision p. 2 Findings, Conclusions and Decision 1 BEFORE THE HEARING EXAMINER FOR MASON COUNTY Phil Olbrechts,Hearing Examiner 3 RE: North Forty Transportation 4 LLC FINDINGS OF FACT, CONCLUSIONS 5 OF LAW AND FINAL DECISION Shoreline Substantial Development 6 and Special Use Permit (SHR2007-00024) 7 8 INTRODUCTION 9 10 The applicant has requested a shoreline substantial development permit to replace and upgrade the dock facilities of the Union Marina. The number of moorage slips and 11 the overall size of the marina will not increase under the application. The project is approved but any increases in intensity of use created by the project may not trigger 12 any shellfish closures. Staff is directed to fomrulate a plan in consultation with the applicant and the Washington State Department of Health that will ensure that the 13 proposed improvements will not trigger additional closures. 14 ORAL TESTIMONY 15 Brian McGinnis testified as applicant. He stated that the replacement of the dock had 16 become necessary as a result of a recent storm. He pointed out that the new dock would be more environmentally compatible than the current dock due to the use of 17 metal pilings instead of creosote pilings and polyutherine floats and Styrofoam as 18 opposed to tires for floats. 19 Matt Mattayoshi spoke on behalf of the Economic Development Council of Mason County. Mr. Mathews pointed out that the applicant has an excellent record for 20 professionalism, quality work, and environmentally sound construction. Mr. 21 Mathews stated that the project will support the County's tourism industry. He stated that it is the only marina on the south shore. 77 Donald Gores stated he owns a commercial beach within two feet of the marina. He 23 stated that if the project goes forward that his beach will be closed. Mr. Gores also stated that he had not been notified of the last permit for the marina for the fuel 24 facility at the marina. 25 Mark Toy testified on behalf of the Washington State Department of Health. He pointed out that the proposal does not increase the size of the marina, but that it may {PA0674181.DOC;1/13009.090000/900000) Union Marina P. 1 Findings, Conclusions and Decision i increase the intensity of the use. He stated that right now there is a seasonal closure 1 for the shellfish harvesting of adjoining beaches due to the marina use. He stated that 2 DOH has a threshold of ten boats to determine whether a beach should be closed. He stated that there are 30 slips on the marina and that on past empirical observations, the 3 marina did not increase beyond ten boats in the winter. He stated that due to the increased and improved facilities, the marina use will probably exceed the ten-boat 4 threshold during the winter. 5 Toby Kevin stated he has used the marina the last three or four seasons. He asked 6 how far the closure zone extends. Mr. Toy responded that the closure zone would be within the existing closure zone, which be believes to be 960 feet. 7 Mr. Toy explained that boat traffic adversely impacts shellfish due to sewage 8 discharges from the boats. He explained that petroleum discharges are not a problem 9 because they float and then disperse. 10 Russ Norris owns a shellfish operation. He stated that another marina had been located in the area and that he had waited 17 years until 1990 for it to shut down so 11 that he would be allowed to harvest shellfish. He stated that the marina owners should wait their turn (until the shellfish business is over) or pay for the loss of his 12 business. He also stated he received no notice of the last permit application for the fuel facilities. He stated that a statement in the record that oysters could be moved 1J from the closure zone to another location for harvesting is inaccurate and that the 14 oysters could not be harvested. Mr. Norris also mentioned that 90% of the beaches throughout the state are closed through the hot months and that it is nothing unique 15 for their area. 16 Mr. Toy confirmed that you cannot move oysters from a prohibited area; they can be moved only from a restricted area. Mr. Toy also stated that it was unclear if the 17 closure zone would be affected if the shoreline permit for the fuel permit were issued 18 but not for the dock replacement. 19 Wendall Stroud, contractor for the project, stated that the marina will have a state-of- the-art pump-out system designed to prevent sewage discharge. Since this would be 20 the only sewage system of this caliber on the south shore, the facility would improve 21 and reduce sewage discharge overall. He also pointed out that the dock would have grating for light penetration, the decking was composite decking to prevent leaching of treated materials, and the project was a substantial improvement from an �y environmental standpoint over the existing deck. 23 Pam Kervius is a marina user. She questioned Mr. Toy on the basis for his opinion 24 that the beaches be closed. 25 Cindy Sund manages the marina. She testified that live-aboards are not allowed on the marina. {PA0674181.DOC;1/13009.090000/9000001 Union Marina p. 2 Findings, Conclusions and Decision 1 Toby Kevin asked if there was sampling for fecal contaminants. Mr. Toy stated that the major determination for a closure is based on a sanitary survey and that water monitoring is just a check. 3 Dick Taylor testified on behalf of the Shelton Chamber of Commerce. He spoke in 4 favor of the applicants, pointing out that they have done good work for the community. 6 Ryan Clayton, staff, testified that notice had been provided to the oyster growers for the subject application. He stated that the recommendation for approval was based 7 upon the premise that use was not going to increase. If other information had come in, his recommendation may have been different. 8 Brian McGinnis testified in closing that the size of the dock will not increase. The 9 dock will be reconfigured to handle waves. He stated that the dock is already 10 completely full and that there is a waiting list of twenty people to use it. In the winter dock usage is 15 to 20 people. He stated that he does not see that the facility will get 11 any busier as a result of the proposal. He also stated that he has acquired approval of a hydraulic permit from the Washington State Department of Wildlife. He stated he 12 did not know if the improvements would increase usage during the winter. l 3 Marlen Flakus stated he uses the marina in the summer. In 1989 the County turned 14 down an application for constructing a pump house that would shut down shellfish harvesting for a quarter mile. He stated that 90% of boaters do not use pump out 15 stations and that it will not be used much. He stated that the pump-out station should not be installed. 16 Wendall Stroud, contractor for the project, stated that it is well recognized that the 1 pump-out stations are widely used. He stated if the facility is easy to use, as is 18 proposed, it will be used. The Examiner clarified that the pump-out station has already been approved in the prior shoreline permit. 19 Mr. Toy testified that the addition of a pump-out station creates positive and negative 20 impacts on shellfish beds. He stated that the improved technology reduces spillage, 21 but that it also increases intensity. 22 Mr. Gores pointed out that when applicants attempted to reopen the Paradise Cove Marina, which would have resulted in the closure of shellfish beaches, the County 23 Commissioners denied the permit application. 24 Kim Schaumberg testified that approval of the marina would improve water quality 25 overall by reducing the discharge of sewage. She also pointed out that the proposed dock facility is a significant improvement over the current dock from an environmental standpoint. (PA0674181.DOC;1/13009.090000/900000) Union Marina p. 3 Findings, Conclusions and Decision I EXHIBITS 2 See "Case Index" attached to Staff Report, dated September 4, 2007, as those 3 documents entered into the record. In addition the following Exhibits have been admitted into the record during the hearing: 4 Exhibit 10: Schaumburg Biological Evaluation dated June 11, 2007. 5 Exhibit 11: 9/13/07 e-mail from Toy to Clayton. Exhibit 12 : Hydraulic permit approval. 6 7 FINDINGS OF FACT 8 Procedural: 9 1. Applicant. The applicant is North Forty Transportation LLC. The applicant's agent and representative is Brian McGinnis. 10 11 2. Hearing. The Hearing Examiner conducted a hearing on the subject application on September 10, 2007. 12 3. Site Description/Proposal. The applicant has requested a shoreline 13 substantial development permit to replace and upgrade the Union Marina. The number of moorage slips and the overall size of the marina will not increase under the 14 application. The existing creosote pilings will be replaced with steel, and grating will 15 be incorporated into the decks to allow for passage of light. 16 Lot dimensions are approximately 250 feet wide and 120 feet deep, with a curved shoreline at the northeast comer. Existing site improvements include a 50-foot by 17 120-foot, two-story mixed-use commercial building; a 1,440-square-foot mobile home; two RV hook-up sites; a drive-through boat wash; a concrete bulkhead 1 stretching along the curved shoreline for approximately 350 feet; and a commercial 19 pier ramp and float that reaches over 100 feet from the Ordinary High Water Mark (OHWM). Topography is flat. There is no vegetation other than some grassy 20 patches. Parking is currently allowed randomly in front of the bulkhead and the building. 21 The proposal accompanies a prior shoreline substantial permit approval for a fuel 22 facility (SHR2007-00003). All references in this decision to the "fuel permit" or 23 similar verbiage is a reference to the decision of SHR2007-00003. 24 4. Characteristics of the Area. The area is the Union Rural Activity Center, a center of small-scale commercial activity located along the south shore of Hood 25 Canal and S.R. 106. Existing surrounding land uses include the Country Store, Union Bay Cafd, and a County-owned public boat launch. Significantly, a series of shellfish beds adjoin the marina property. (PA0674181.DOC;1/13009.090000/900000) Union Marina p. 4 Findings, Conclusions and Decision 1 5. Shoreline Master Program Designation.tion. The Shoreline Master Program 2 environmental designation for the site is Urban Commercial per SMP 17.50.074(1)(d). Hood Canal is a Shoreline of Statewide Significance. 6. Adverse Impacts of Proposed Use. There is no dispute that as a structure 4 the proposed marina replacement will reduce impacts to the shoreline environment. The construction design and materials will reduce the leaching of treated materials 5 and improve the passage of light through grating. The problem with the project, 6 according to the Washington State Department of Health ("DOH"), is that it will increase intensity of use. According to Mark Toy, a DOH representative, the boat 7 usage of the marina in the winter is low enough to avoid the closure of adjoining shellfish beds during that time of the year. DOH has a threshold of ten boats 8 (apparently moored at any one time) for triggering a beach closure. Mr. Toy testified that the proposed improvements to the marina will probably increase usage beyond 9 ten boats in the winter and thereby expand the closure from just summers to year 10 round. The closure affects a shoreline area of approximate 900 or 960 (it was difficult to decipher from the testimony) feet. Mr. McGinnis, applicant, testified that 11 the marina is already used by 15 to 20 boats during the winters, which would appear to already exceed the ten-boat threshold enunciated by Mr. Toy. Mr. Toy indicated 12 that the current intensity of use was gauged by his predecessor from "empirical" observations of what appears to be informal drive-by sightings or something of 13 similar rigor. 14 To complicate matters, the new fuel facility for the marina has already been 15 approved, and Mr. Toy could not testify whether this alone would already force the year-round closure of surrounding shellfish beds. In short, the current marina may 16 already require the permanent closure of surrounding beaches under DOH 17 regulations. Even if the marina was currently operating at a level that allowed for winter shellfish harvesting,the new fuel facility may increase usage enough to trigger 18 a year-round closure. 19 Given the background above, it is very difficult to determine if the proposal to replace the marina will be responsible for adverse impacts on adjoining shell fish beds. Mr. 20 Toy's conclusion that the replacement of an existing dock facility with one of the 21 same size and number of slips will increase intensity is somewhat speculative. Mr. Toy is an expert in aquatic resources and he is presumably not an expert on the 22 economics of marina operations. However, Mr. Toy does bring to bear the experience of his department in such matters and the regulations that are derived from 23 national standards of shellfish protection. The DOH regulations are the best indicator in the record of adverse impacts to adjoining shellfish beds. In order to avoid 24 violating those standards, this project will have to be conditioned upon operating at 25 levels below the closure threshold. How this is done is left up to the applicant and what he can work out with DOH. At worst, the applicant would have to limit the number of boats that use the marina to levels acceptable to DOH. {PA0674181.DOC;1/13009.090000/900000} Union Marina p. 5 Findings, Conclusions and Decision 1 2 CONCLUSIONS OF LAW 3 Procedural: 4 1. Authority of Hearing Examiner. MCC 15.03.050(10) authorizes the Examiner to review and issue a final decision regarding shoreline substantial 5 development applications. 6 Substantive: 7 2. Permit Review Criteria: MCC 15.09.055(a) requires a substantial 8 development permit for any substantial development within the shoreline jurisdiction. The proposed project requires a substantial development permit because it is within a 9 shoreline jurisdiction and the cost of the project exceeds $5,000. MCC 15.09.055(f) 10 requires that permit applications for substantial development permits be subject to review by the Hearing Examiner. MCC 15.09.055(f)(2)(C) provides that the 11 Examiner shall base a decision on a substantial development permit application on the Shoreline Master Program for Mason County and the policies and procedures of 12 Chapter 90.58 RCW (the Shoreline Management Act). Hood Canal is a Shoreline of Statewide Significance. The Mason County Shoreline Master Program is codified as 13 Chapter 17.50 to the Mason County Code, and policies towards commercial 14 development and marinas are set forth in Chapter IX of the Mason County Comprehensive Plan. 15 Mason County Comprehensive Plan Chapter IX-Marinas - Policies: 16 Marina Policy 1: Marinas and boat launching facilities should be located in areas 17 where parking and access to the facility can be accommodated without causing 18 adverse impacts upon adjacent properties or endanger public safety. 19 3. The proposed project will be located at an existing Marina, which has been previously approved by Mason County for having adequate access and parking. 20 There is conflicting evidence on whether the improvements will increase the use of the marina and hence vehicular access to it. Since the size of the marina and number 21 of slips will not increase as a result of the proposal and there is no evidence that parking and access is insufficient, the Examiner will find that the proposal satisfies yy the proposal above. For future reference, it would help significantly in making this 23 type of determination if staff could lend their own opinion on the adequacy of parking and access. 24 25 Marina Policy 2: Proposals should be planned and developed where regional and local evidence of substantial need exists. (PA0674181.DOC;1/13009.090000/900000) Union Marina p. 6 Findings, Conclusions and Decision 4. The testimony from members of the business community shows that the 1 project is an asset to the economic development of Mason County and a needed facility on the south shore of Hood Canal. It also appears that the marina is the only one of the south shore and hence serves a substantial need for moorage, fueling, and 3 sewage disposal. 4 Marina Policy 3: Shallow water embankments should not be considered for 5 overnight or long-term moorage facilities. 6 5. As shown in Figure 5 of the biological evaluation, the marina is not located on a shallow water embankment.. 7 Marina Policy 4: New construction should be aesthetically compatible with the 8 existing surroundings and not degrade existing views. 9 6. The proposed project will not increase the size of the marina dock facility 10 and the currently existing facilities are aesthetically degraded. The landward portions of the site is already heavily developed and there is nothing to suggest that the 11 replacement of the aging marina dock facility with a better designed and more aesthetic structure would be incompatible with the existing surroundings. 12 Marina Policy 5: Marinas and public launch ramps are preferred rather than the 13 development of individual docks and piers for private, non-commercial pleasure 14 craft. 15 7. The existing Marina and the proposed project are public-use facilities. 16 Marina Policy 6: In locating marinas, special plans should be made to protect the 17 fish, shellfish, and other biological resources that may be harmed by construction and operation of the facility. 18 8. The marina has already been located; however, DOH believes the 19 improvements will increase intensity. The project is conditioned on providing that no increases in intensity shall trigger additional DOH shellfish bed closures. 20 21 Shoreline Master Program 17.50.060 - Marinas - Use Regulations: Marina Use Regulation 1: Marinas that provide overnight or long-term moorage u� shall not be located in areas with commercial aquacultural harvest. 23 9. The marina has already been located since the proposal involves 24 improvements to an existing marina. 25 Marina Use Regulation 2: Marinas shall be compatible with the general aesthetic quality of the shoreline area where they are located. {PA067418 LDOC;1/13009.090000/9000001 Union Marina p. 7 Findings, Conclusions and Decision 1 10. As noted above, the proposed project includes improvements that will enhance the general aesthetic quality of the existing Marina and shoreline. 3 Marina Use Regulation 3: Marinas and their accessory facilities shall be located, designed, constructed and operated to minimize adverse effects on fish, shellfish, 4 wildlife and other biological resources, water quality, and existing geo-hydraulic 5 shoreline processes. 6 11. This is one of the criterion that places the greatest burden upon the applicant. As determined in the Findings of Fact, the proposal has the potential for 7 operating at a level that unacceptably affects shellfish and water quality under DOH regulations. The County Commissioners clearly had a serious concern over impacts 8 to shellfish operations, given the emphasis on shellfish operations throughout the shoreline policies and use regulations on marinas. The measurement of unacceptable 9 impacts in this decision is the level of activity that increases the period of shellfish 10 closure currently in place for the closure zone'. The project will be conditioned on operating below this threshold. 11 Marina Use Regulation 4: Marinas shall be located, designed, constructed and 12 operated so as to not substantially or unnecessarily interfere with the rights of 13 adjacent property owners, nor interfere with adjacent water uses. 14 12. The proposed project has the potential to limit shellfish harvesting of adjacent property owners. Whether shellfish harvesting is a right is debatable, but the 15 project will be conditioned to avoid any further limitations on shellfish harvesting. 16 Marina Use Regulation 5: Parking and loading areas shall be located well away 17 from the immediate waters' edge and beaches, unless there is no other practical location for parking. Perimeters of parking areas shall be landscaped to minimize 18 visual impacts to the shorelines, roadways and adjacent properties subject to approval by Public Works and/or Department of Transportation. Permit application 19 shall identify the size, general type and location of landscaping. Design of parking and loading areas shall ensure that surface runoff does not pollute adjacent waters or 20 cause soil or beach erosion. Design shall provide for storm water retention, shall 21 comply with the Mason County Parking Ordinance, and shall be reviewed by Mason County Department of Public Works for compliance with all applicable County Ordinances. Creation of parking areas by landfilling beyond OHW mark or in yy biological wetlands is prohibited. 23 24 ' Impacts created by the project that may make it more difficult to avoid closures 25 created by other conditions of the project may also be addressed in the operating plan referenced in the conditions of approval. (PA0674181.DOC;1/13009.090000/900000) Union Marina p. 8 Findings, Conclusions and Decision 13. Parking has been addressed and mitigated in the shoreline application for 1 the fuel facilities as follows: 2 Parking stalls are located approximately 20-30 feet from the face of an 3 existing concrete bulkhead. A vegetative buffer is planned between parking and the concrete bulkhead. Landscaping will include the use of 4 native shrubs and ground covers. The vegetative buffer that surrounds the Marina is a Run-off treatment BMP, which will serve to intercept and 5 filter pollutants. No landfilling will occur as a result of the project. 6 Marina Use Regulation 6: Provisions shall be made to facilitate the orderly 7 circulation of vehicles and pedestrians in the vicinity of the marina. 8 14. The Marina access and parking area includes a hammerhead to facilitate turnaround of larger vehicles and to expedite the departure of traffic from the site. 9 The proposal includes walking paths in appropriate areas to accommodate pedestrian 10 traffic. 11 Marina Use Regulation 7: Provisions shall be made to facilitate the orderly launching, retrieval and storage of boats. 12 15. There is an existing boat launch on the west side of the facility operated by 13 the County and boat storage in the existing building on the site. 14 Marina Use Regulation 8: New marinas, or expansion of existing saltwater marinas 15 which provide moorage for more than ten boats, shall be required to be equipped with easily accessible vessel pump-out and shall provide on-shore sewage and waste 16 disposal facilities. Each marina shall predominately display signs stating that sanitary discharge of wastes is prohibited. Deviation from pump-out requirements on 17 saltwater shall require a Variance. 18 16. This was addressed in the fuel facility permit as follows: 19 A 1,200-gallon below ground sewage holding tank will be added to the 20 site to provide vessel pump-out service. Existing on-shore sewage and 21 waste disposal facilities will be upgraded. It shall be a condition of approval that signs as required under the above use regulation shall be 22 displaced. 23 Marina Use Regulation 9: In sensitive areas, such as near certified shellfish spawning areas, the applicant shall be required to demonstrate that the maximum 24 protection of shore features, water quality and existing uses will be provided. 25 17. As previously discussed, the project will be conditioned to operate at a level below any triggers for additional shellfish closures under DOH regulations. {PA0674181.DOC;1/13 009.090000/900000} Union Marina P. 9 Findings, Conclusions and Decision 1 Marina Use Regulation 10: Adequate illumination shall be required. Illumination shall be designed and constructed to minimize off-site light and glare. 3 18. There is nothing in the record that indicates whether the new dock facilities will include new light fixtures and whether staff has reviewed whether these 4 lights comply with the criterion above. The project will be conditioned on 5 compliance with the criterion above. 6 Marina Use Regulation 11: Physical and/or visual public access opportunities shall be provided unless the proponent can demonstrate that such access is physically 7 unfeasible. 8 19. The existing Marina is open to and used by the public. 9 Marina Use Regulation 12: Restroom facilities shall be provided for public use. 10 20. Restroom facilities were required to be upgraded and made available for 11 public use as a condition of approval of the fuel facility shoreline permit. 12 Marina Use Regulation 13: Associated uses shall be limited to those found necessary to marina operation or which provide visual or physical access to the 13 shoreline to substantial numbers of the public. Associated uses shall conform to the 14 regulations for those uses. 15 21. Nothing in the proposal includes an associated use that is not necessary to marina operation. 16 17 Marina Use Regulation 14: Marina facilities shall project waterward the minimum distance necessary to provide service to vessels, without creating a hazard to 18 navigation. 19 22• Staff indicate in the staff report that this is not applicable because it is an existing dock. However, the proposal is to replace the dock and part of that proposal 20 involves reconfiguration of the dock. Consequently, the staff report should have 21 assessed whether the replacement and reconfiguration projects waterward the minimum length necessary to provide service to vessels. The moorage slips appear to be at least 25 feet from the shoreline, and it is unclear if this amount of separation yy from the shoreline is absolutely necessary. However, there is nothing in the record to 23 suggest that the marina will serve as a hazard to navigation. The Examiner finds compliance with the criterion above. 24 25 Marina Use Regulation 15: Marina and launching facilities shall be located to minimize the need for initial and maintenance dredging, filling, beach feeding and other channel maintenance activities. {PA0674181.DOC;1/13009.090000/900000} Union Marina P. 10 Findings, Conclusions and Decision 1 23. Staff indicate in the staff report that no dredging will be necessary to 2 maintain the project. Given that there is nothing in the record to contradict the staff's determination on this matter, the Examiner will find compliance with the criterion 3 above. 4 Marina Use Regulation 16: Expansion of existing marinas shall be required to meet 5 the standards set forth for new development. 6 24. The staff report indicates that staff have determined that the marina complies with applicable development standards. The Examiner finds compliance 7 with the criterion above. 8 Mason County Comprehensive Plan Chapter IX - Commercial Development - Policies: 9 10 Commercial Development Policy 1: Commercial development on shorelines should be encouraged to provide physical and/or visual access to the shoreline, and other 11 opportunities for the public to enjoy the shoreline. 12 25. The replacement of the dock facilities as proposed will facilitate and 13 enhance physical and aesthetic access to the shoreline. 14 Commercial Development Policy 2: Multiple use concepts, which include open space and recreation, should be encouraged in commercial developments. 15 26. The Marina provides recreational opportunities, including boating and 16 kayaking. 17 Commercial Development Policy 3: Commercial development should be 18 aesthetically compatible with the surrounding area. Structures should not significantly impact views from upland properties, public roadways or from the 19 water. 20 27. Again, as noted above, the proposed project is aesthetically compatible 21 with the surrounding area and should not impact the existing view. 22 Commercial Development Policy 4: The location of commercial developments along shorelines should ensure the protection of natural areas or systems identified 23 as having geological, ecological, biological, or cultural significance. 24 28. Again, the proposed project constitutes improvements to an existing 25 marina. The impacts to shellfish have already been addressed. (PA0674181.DOC;1/13009.090000/900000) Union Marina P. 11 Findings, Conclusions and Decision Commercial Development Policy 5: Commercial developments should be 1 encouraged to be located inland from the shoreline area unless they are dependent on 2 a shoreline location. Commercial developments should be discouraged over-water or in marshes, bogs, swamps and jloodplains. 3 29. The marina dock facilities are inherently dependent on being on a 4 shoreline location. 5 Commercial Development Policy 6: New commercial development in shorelines 6 should be encouraged to locate in those areas with existing commercial development that will minimize sprawl and the inefficient use of shoreline areas. 7 30. The dock facilities will replace existing dock facilities that are proposed P g 8 connected to a developed marina site. 9 Commercial Development Policy 7: Parking facilities should be placed inland, 10 away from the immediate water's edge and recreational beaches. 11 31. As noted in the fuel facility shoreline permit, the proposed parking is inland and will have a vegetative buffer planted between it and the existing concrete 12 bulkhead. The adjacent beaches are not"recreational beaches"as the term is intended 13 in the above policy. 14 Commercial Development Policy 8: Commercial development should be designed and located to minimize impacts of noise and/or light generated by the development 15 upon adjacent properties. Commercial developments, which generate significant noise impacts, should be discouraged. 16 32. According to staff in the staff report, the proposal is not expected to 1 increase noise at the marina. The project is conditined to mitigate noise impacts. 18 Shoreline Master Program 17.50.060 - Commercial Development - Use 19 Regulations: 20 Commercial Development Use Regulation 1: The County shall utilize the following 21 information in its review of commercial development proposals: Nature of the activiU: 23 33. The Union Marina is an existing facility. The replacement of the dock facilities has the potential to adversely impact adjoining shellfish beds by increasing 24 intensity of use,but this impact is addressed by the conditions of approval. 25 Nced for shore ontage; {PA0674181.DOC;1/13009.090000/900000} Union Marina p. 12 Findings, Conclusions and Decision 34. The marina's dock facilities are water-dependent uses. 1 2 Special considerations for enhancing, the relationship of the activity to the shoreline; 3 35. The proposed dock facilities are designed for better compatibility with the environmental resources of the shoreline. Resulting increases in intensity may harm 4 adjoining shellfish beds, but this is addressed in the conditions of approval. 5 Provisions for public visual or physical access to the shoreline; 6 36. As noted above, the existing public view of the shoreline will not be 7 affected by the proposed project. The marina is and will continue to operate as a public facility. 8 Provisions to ensure that the development will not cause severe adverse 9 environmental impacts; 10 37. As noted previously, the project will be conditioned to avoid significant 11 impacts to adjoining shellfish beds. 12 Provisions to mitigatey significant noise impacts; 13 38. According to staff in the staff report, the proposal will not create any 14 significant noise impacts. 15 Provisions to mitigate light lare impacts. 16 39. The project is conditioned to minimize light impacts. 17 Commercial Development Use Regulation 2: Commercial development may be 18 permitted on the shoreline in the following descending order of priority: water dependent, water related and water oriented. Non-water related, nonwater dependent 19 and non-water oriented developments in an urban and rural environment may be permitted by Substantial Development Permit when the parcel of land to be developed 20 is a minimum of 100 feet from OHWM and is located on the upland side of a public 21 roadway, railroad right of way or government controlled property. 22 40. As noted above, a marina is water dependent and, therefore, priority use is appropriate. 23 Commercial Development Use Regulation 3: Parking and loading areas shall be 24 located well away from the immediate waters' edge and beaches, unless there is no 25 other practical location for parking. Perimeters of parking areas shall be landscaped to minimize visual impacts to the shorelines, roadways and adjacent properties subject to approval by Public Works and/or Department of Transportation. Permit {PA0674181.DOC;1/13009.090000/900000) Union Marina p. 13 Findings, Conclusions and Decision application shall identify the size, general type and location of landscaping. Design of 1 parking and loading areas shall ensure that surface runoff does not pollute adjacent 2 waters or cause soil or beach erosion. Design shall provide for storm water retention. Parking plans shall be reviewed by Mason County Department of Public Works for 3 compliance with all applicable County Ordinances. Creation of parking areas by landfilling beyond Ordinary High Water Mark or in biological wetlands is prohibited. 4 41. As noted previous and discussed at greater length in the fuel shoreline 5 permit, the parking has been designed to comply with the requirements of the 6 criterion above. 7 Commercial Development Use Regulation 4: Those portions of a commercial development, which are not water dependent, are prohibited over the water. 8 9 42. The proposal is entirely water dependent. 10 Commercial Development Use Regulation 5: Water supply and waste facilities shall comply with the strictest established guidelines, standards and regulations. 11 43. The proposal does not include water supply or waste facilities. 12 Commercial Development Use Regulation 6: New commercial developments shall 13 be located adjacent to existing commercial developments whenever possible. 14 44. As noted previously, the proposed project is at the existing Union Marina, 15 which is located in the Rural Activity Center of Union. Surrounding land uses are commercial and recreation. 16 Commercial Development Use Regulation 7: New or expanded structures shall not 1 extend more than 35 feet in height above average grade level. 18 45. It does not appear that any part of the proposed facilities will be over 35 19 feet in height, but the project will be conditioned on this requirement since the record does not identify the height of the proposed structures. 20 21 Commercial Development Use Regulation 8: Commercial developments adjacent to aquaculture operations shall practice strict pollution control procedures. 22 46. As previously discussed several times, the project will be conditioned to 23 operate at a level that does not adversely affect adjacent aquaculture operations. 24 Commercial Development Use Regulation 9: Commercial developments shall be 25 located and designed to minimize noise impacts on adjacent properties. 47. As noted above,the project is not expected to increase noise at the marina. {PA0674181.DOC;1/13009.090000/900000} Union Marina p. 14 Findings, Conclusions and Decision I RCW 90.58.020: This policy (Shoreline Management Act policy) is designed to 2 insure the development of these shorelines (of the state) in a manner which, while allowing for limited reduction of rights of the public in the navigable waters, will 3 promote and enhance the public interest. This policy contemplates protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the 4 waters of the state and their aquatic life, while protecting generally public rights of 5 navigation and corollary rights incidental thereto. 6 48. The proposed project should help increase the rights of the public in surrounding navigable waters by improving the functionality of the marina for public 7 use. Design features and mitigation measures minimize adverse impact on the environment. 8 9 RCW 90.58.020(1): Recognize and protect the state-wide interest over local interest. 10 49. As noted above, the project will improve the marina for public use, which will increase opportunity for the general public to enjoy Hood Canal. 11 RCW 90.58.020(2): Preserve the natural character of the shoreline. 12 50. As a replacement project, it is not of a magnitude that will affect the 13 existing natural character of the shoreline. 14 RCW 90.58.020(3): Result in long-term over short-term benefit. 15 51. As noted above, the project will improve the marina for public use and 16 increase its longevity, which will increase opportunity for the public to enjoy Hood Canal. Better public access and facilities to Hood Canal should, in the long-term, 1 decrease demand for private PRFs resulting in responsible development of the 18 shoreline. 19 RCW 90.58.020(4): Protect the resources and ecology of the shoreline. 20 52. The project will be conditioned upon mitigating impacts to adjoining 21 shellfish beds. As designed and proposed, the project has no other discernable adverse impacts on the resources and ecology of the shoreline. 22 RCW 90.58.020(5): Increase public access to publicly owned areas of the 23 shorelines. 24 53. As noted above, the project will improve the marina for public use, which 25 should increase opportunity for the public to access and enjoy publicly owned areas of the shorelines. {PA0674181.DOC;1/13009.090000/9000001 Union Marina p. 15 Findings, Conclusions and Decision �l RCW 90.58.020(6): Increase recreational opportunities for the public in the 1 shoreline. 2 54. As noted above, the project will improve the marina for public use. This should increase recreational opportunity for the public by improving service and access to the shorelines. 4 MCC 15.09.055(C): Required Review: The Hearing Examiner shall review 5 proposed development according to the following criteria: 6 1. The development does not conflict with the Comprehensive Plan and meets 7 the requirements and intent of the Mason County Code, especially Title 6, 8, and 16. 8 2. Development does not impact the public health, safety and welfare and is 9 in the public interest. 1 3. Development does not lower the level of service of transportation and/or neighborhood park facilities below the minimum standards established within the 11 Comprehensive Plan. 12 55. Staff conclude in the staff report that the project will not lower the LOS below required levels for parks and transportation facilities. As conditioned, the 13 project will not impact public health, safety and welfare. Staff concluded in the staff 14 report that the project complies with all applicable County regulations. 15 DECISION 16 1. The project may not increase marina useage to any level of intensity that results in 17 additional2 closures of adjoining shellfish beds. Staff shall work out an operating plan with the applicant and DOH that meets these objectives. Compliance with this 18 plan shall be considered a condition of approval of this shoreline permit. The operating plan shall be bounded by the constitutional limitation that only the adverse 19 impacts created by the project can be regulated by this permit -- the plan cannot regulate pre-existing impacts. It is recognized this condition may make the proposed 20 improvements a "poison pill" for the economic development of the marina facilities. 21 It is, of course, up to the applicant to determine whether it is feasible to continue with the project given this condition. The Examiner will retain jurisdiction at the pleasure of the parties to resolve any disputes or provide clarification on the contents of the operating plan. 23 2. Any new lighting associated with the proposal shall minimize off-site light and 24 glare as determined by staff. 25 2 "Additional" refers to closures in addition to the summer closures that are already imposed within the surrounding closure zone. {PA0674181.DOC;1/13009.090000/900000} Union Marina p. 16 Findings, Conclusions and Decision 1 3. No part of the proposed construction shall extend more than 35 feet in height 2 above average grade level. 3 DATED this day of May, 2012 4 5 Phil Olbrechts 6 Mason County Hearing Examiner 7 8 9 10 11 12 13 14 15 16 17 i 18 19 20 21 22 23 24 25 {PA0674181.DOC;1/13009.090000/900000) Union Marina p. 17 Findings, Conclusions and Decision SHR2007-00024 - 1 - Exhibit 1 Mason County Department of Planning Building I * 411 N. 5th Street * P.O. Box 279 Shelton,Washington 98584 September 4, 2007 TO: Mason County Hearing Examiner FROM: Planning Staff—Ryan Crater; 360.427.9670 Ext 577; ryanc@co.mason.wa.us RE: Mason County Shoreline Substantial Development Permit(SHR2007-00024) STAFF REPORT I. Introduction. This report evaluates an application for a Shoreline Substantial Development permit(SDP) at the existing Union Marina located on the south shore of Hood Canal in Union, WA. The float replacement project is part two of a two-part project aimed at upgrading an existing marina(SHR2007-00003). The first portion of the project was for adding a fueling station and a pump-out service for marine craft in the southern portion of Hood Canal. The second half of the project is to upgrade/replace the existing marina's floats to provide a safer environment for the public. Staff is recommending approval. If. Applicants: North Forty Transportation LLC III. Agent: Brian McGinnis IV. Date of Complete Application: July 5, 2007 V. Site address and Project Location: South Shore of Hood Canal 5101 E. SR 106; Union, WA 98592. Parcel#32232-50-01001 VI. Evaluations. A. Characteristics of the area. The area is in the Union Rural Activity Center, a center of small-scale commercial activity located along the south shore of Hood Canal and S.R. 106. Existing surrounding land uses include the Country Store, Union Bay Cafe and a County owned public boat launch. B. Characteristic of the site. Lot dimensions are approximately 250' wide and 120' deep, with a curved shoreline at the north east corner. Existing site improvements include a 50' by 120' two-story mixed-use commercial building,two RV hook-up sites, a drive through boat wash, concrete bulkhead stretching along the curved shoreline for approximately 350 feet, and a commercial pier ramp and float that reaches over 100' from the Ordinary High Water Mark(OHWM). Topography is flat. There is no SHR2007-00024 -2- Exhibit 1 vegetation other than some grassy patches. Parking is currently allowed randomly in front of the bulkhead and building. C. Comprehensive Plan Desi ng ation. The Mason County Comprehensive Plan designation for the site is Rural Activity Center. D. Shoreline Master Program Designation.tion. The Shoreline Master Program environmental designation for the site is Urban Commercial per SMP 17.50.074 1.d. Hood Canal is a Shoreline of Statewide Significance. E. Zoning. The parcel is zoned Rural Commercial 3 (RC-3). VII. SEPA Compliance and other public notice requirements. The proposal was reviewed under SEPA, SEP2007-00081. A DNS was issued on 8/10/2007 (Exhibit 2). A Notice of Shoreline Management Permit,Notice of Public Hearing, SHR2007-00024 (Exhibit 3) was issued on 7/12/07,mailed on 7/12/07,posted on 7/12/2007 (Exhibit 4)and published on 7/12/2007 & 7/19/2007 (Exhibit 5). Comments were received from the Washington State Department of Ecology(Exhibit 6) and from Don Gores and William McKesson (Exhibit 7). VIII. Other Permits/Reports. Mason County Building Permit. IX. Analysis. A Comprehensive Plan Review: Type III review for permit applications require that the Hearing Examiner evaluate the proposal for consistency with the County's Development Code, adopted plans and regulations. The Hearing Examiner shall review the proposal according to the following criteria: 1) The development does not conflict with the Comprehensive Plan and meets the requirements and intent of the Mason County Code, especially Title 6, 8 and 16. The development does not conflict with the Comprehensive Plan and meets all the requirements and intent of the Mason County Code. 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 and is in the public interest. Existing Marina infrastructure will be replaced with environmentally friendly materials. 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 LOS for transportation and increases the LOS for park/recreational facilities. This proposal requires a Shoreline Substantial Development Permit per the Mason County Development Code section 15.09.055 A.I. This SDP proposal is reviewed under the Mason County Comprehensive Plan, Chapter IX. Shoreline Management Program, including Shorelines of Statewide Significance and the Mason County Code, Shoreline Master Program(SMP) Chapters 17.50.060 Use Regulations. Marinas and Commercial Development. SHR2007-00024 -3 - Exhibit 1 Mason County Comprehensive Plan Chapter IX SHORELINE MANANGEMENT PROGRAM IX-1 THE SHORELINE MANAGEMENT PROGRAM Shorelines of Statewide Significance. The Shorelines Management Act of 1971 has designated the following shoreline areas of Mason County as shorelines of statewide significance: 1 Hood Canal 2 Lake Cushman 3 Skokomish River The Act further states, concerning shorelines of statewide significance: "The Legislature declares that the interest of all of the people shall be paramount in the management of shorelines of statewide significance."The department, in adopting guidelines for shorelines of statewide significance, shall give preference to uses in the following order of preference which: 1 Recognize and protect the statewide interest over local interest; 2 Preserve the natural character of the shoreline; 3 Result in long term over short-term benefit; 4 Protect the resources and ecology of the shoreline; 5 Increase public access to publicly owned areas of the shoreline; 6 Increase recreational opportunities for the public in the shoreline; 7 Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary. The proposals meets the above criteria, especially number 6, and should therefore receive a preference as an existing use. In the implementation of this policy the public's opportunity to enjoy the physical and aesthetic qualities of the natural shorelines of the state be preserved to the greatest extent possible consistent with the overall best interest of the state and the people generally. To this end uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment or are unique to or dependent upon use of the state's shoreline. Alterations of the natural condition of the shorelines of the state in those limited instances when authorized, shall be given priority for...commercial developments which are particularly dependent on their location on or use of the shorelines of the state... The proposal to replace the floats will enhance public access to state shorelines. The Union Marina is directly dependent upon the use of the state's shoreline and shall be given priority as a use. SHR2007-00024 -4- Exhibit 1 IX-2 SHORELINE MANAGEMENT PROGRAM POLICIES Marinas Definition 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. Policies 1. Marinas and boat launching facilities should be located in areas where parking and access to the facility can be accommodated without causing adverse impacts upon adjacent properties or endanger public safety. The proposed project will be located at an existing Marina, which will provide parking and access without causing adverse impacts or endanger public safety. 2. Proposals should be planned and developed where regional and local evidence of substantial need exists. Existing Marina 3. Shallow water embankments should not be considered for overnight or long-term moorage facilities. Not applicable. 4. New construction should be aesthetically compatible with the existing surroundings and not degrade existing views. Proposed project will not degrade existing views. Upgrades associated with the proposal will replace existing dock floats that are esthetically degraded and in need of repair. The dock float replacements/reconfiguring will improve public access, safety, and public viewing opportunities. 5. Marinas and public boat ramps are preferred rather than the development of individual docks and piers for private,non-commercial pleasure craft. The existing Marina and the proposed project are public-use facilities. 6. In locating marinas, special plans should be made to protect the fish, shellfish, and other biological resources that may be harmed by construction and operation of the facility. Existing Marina, not applicable. SHR2007-00024 -5- Exhibit 1 7. Special attention should be given to the design and development of operational procedures for fuel handling and storage in order to minimize accidental spillage and provide satisfactory means for handling those spills that do occur. Addressed in SHR2007-00003. Commercial Development Definition Uses and facilities that are involved in wholesale or retail trade or business activities. Water dependent commercial uses are those commercial activities that cannot exist in other than a waterfront location and are dependent on the water by reason of the intrinsic nature of its operation. Policies 1. Commercial development on shorelines should be encouraged to provide physical and/or visual access to the shoreline, and other opportunities for the public to enjoy the shoreline. The addition of new floats and the reconfiguration of said floats would afford the general public enhanced recreational opportunities and access to Hood Canal. 2. Multiple use concepts, which include open space and recreation, should be encouraged in commercial developments. The Marina provides recreational opportunities, including boating and kayaking. 3. Commercial development should be aesthetically compatible with the surrounding area. Structures should not significantly impact views from upland properties,public roadways or from the water. The proposed project will not impact the existing view. 4. The location of commercial developments along shorelines should ensure the protection of natural areas or systems identified as having geological, ecological, biological, or cultural significance. The proposed project will be located at an existing commercial development known as the Union Marina. 5. Commercial developments should be encouraged to be located inland from the shoreline area unless they are dependent on a shoreline location. Commercial developments should be discouraged over-water or in marshes,bogs, swamps and floodplains. The Marina is dependent on a shoreline location. SHR2007-00024 -6- Exhibit 1 6. New commercial development in shorelines should be encouraged to locate in those areas with existing commercial development that will minimize sprawl and the inefficient use of shoreline areas. The proposed project is at a Marina, which is in the Rural Activity Center of Union. 7. Parking facilities should be placed inland, away from the immediate water's edge and recreational beaches. Parking is located in an existing parking lot landward of the proposed project. The adjacent beaches are not utilized for recreational use. 8. Commercial development should be designed and located to minimize impacts of noise and/or light generated by the development upon adjacent properties. Commercial developments,which generate significant noise impacts, should be discouraged. The proposed project will not increase the current level of light and noise associated with the already established marina. Title 17.50 Zoning—Shoreline Master Program Use Regulations. 17.50.060 Use Regulations. Marinas 1. Marinas that provide overnight or long-term moorage shall not be located in areas with commercial aquacultural harvest. Existing Marina, not applicable. 2. Marinas shall be compatible with the general aesthetic quality of the shoreline area where they are located. Proposed project will enhance the general aesthetic quality of the existing Marina and shoreline. 3. Marinas and their accessory facilities shall be located, designed, constructed, and operated to minimize adverse effects on fish, shellfish,wildlife and other biological resources, water quality, and existing geo-hydraulic shoreline processes. As proposed. 4. Marinas shall be located, designed, constructed, and operated so as to not substantially or unnecessarily interfere with the rights of adjacent property owners,nor interfere with adjacent water uses. SHR2007-00024 -7- Exhibit 1 Existing Marina. I believe it is important to consider that the adjacent property owners are not the only shellfish growers in the South Hood Canal area likely to be effected by the project. The Mason County Shoreline Management Plan ("MCSMP') also states that Marinas shall be compatible with the general aesthetic quality of the shoreline area where they are located. The MCSMP environmental designation for the site is Urban Commercial and the parcel is zoned Rural Commercial 3. "ilea public marina and fueling facility is a permitted and compatible use for the site, it is questionable whether or not aquaculture is appropriate. Hood Canal has approximately 1,277,760 feet of shoreline, the majority of which is suitable for commercial shellfish aquaculture. There are very few marinas on Hood Canal. The MCSMP states that Marinas and public launch ramps are preferred rather than the development of individual docks and piers for private, non- commercial pleasure craft. Marinas concentrate boat usage into a small area where fuel spillage can be dealt with more effectively (and with proper equipment). The MCSMP further states that Hood Canal is a designated Shoreline of Statewide Significance. As per 17.50.071, "...To this end uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment or are unique to or dependent upon use of the state's shoreline. Alterations of the natural condition of the shorelines of the state in those limited instances when authorized, shall be given priority for single family residences,ports, shoreline recreational uses including but not limited to parks, marinas,piers, and other improvements facilitating public access to shorelines of the state, industrial and commercial developments which are particularly dependent on their location on or use of the shoreline of the state and other development that will provide an opportunity for substantial numbers of people to enjoy the shorelines of the state. " The site was recently closed for oyster harvest by the Washington State Department of Health ("WSDH') after the FDA advised people not to eat oysters harvested on the southern tip of Hood Canal. The closure was caused by the vibrio parahaemolyticus bacteria, which is not associated with pollution (WSDH 2007), but rather, warmer water temperatures. Since the Hood Canal Marina plans to offer fuel or pump out services during late spring and summer months, when the weather is warmer and boat usage is higher, the project will not effect adjacent property owners'harvesting of shellfish (which is already compromised by the above-mentioned environmental conditions unrelated to the marina),providing the WSDH does not implement a permanent closure. If that is the case, it is a common practice for shellfish growers to move oysters to a cleaner site for several months prior to harvesting(i.e. depuration). 5. Parking and loading areas shall be located well away from the immediate waters' edge and beaches,unless there is no other practical location for parking. Perimeters of parking areas shall be landscaped to minimize visual impacts to the shorelines,roadways and adjacent properties subject to approval by Public Works and/or Department of Transportation. Permit application shall identify the size, general type and location of landscaping. Design of parking and loading areas shall ensure that surface runoff does not pollute adjacent waters or cause soil or beach erosion. Design shall provide for storm SHR2007-00024 -8- Exhibit I water retention, shall comply with the Mason County Parking Ordinance, and shall be reviewed by Mason County Department of Public Works for compliance with all applicable County Ordinances. Creation of parking areas by landfilling beyond OHW mark or in biological wetlands is prohibited. Existing parking lot. Not applicable. 6. Provisions shall be made to facilitate the orderly circulation of vehicles and pedestrians in the vicinity of the marina. The Marina access and parking area provides for sufficient provisions necessary to accommodate pedestrians and vehicles associated with its use. 7. Provisions shall be made to facilitate the orderly launching, retrieval and storage of boats. There is an existing boat launch on the West Side of the facility, operated by the County and boat storage in the existing building on the site. 8. New marinas, or expansion of existing saltwater marinas which provide moorage for more than ten boats, shall be required to be equipped with easily accessible vessel pump- out and shall provide on-shore sewage and waste disposal facilities. Each marina shall predominately display signs stating that sanitary discharge of wastes is prohibited. Deviation from pump-out requirements on saltwater shall require a Variance. Not applicable. Existing structure. 9. In sensitive areas, such as near certified shellfish spawning areas,the applicant shall be required to demonstrate that the maximum protection of shore features, water quality and existing uses will be provided. The replacement of the existing dock floats (which are constructed of known carcinogenic materials) with environmentally friendly materials such as steel and plastics is expected to improve water quality at the site. The reconfiguration and grating of the floats should also allow for expansion of eel grass beds to the west. The shoreline shall be planted with native and non-native vegetation, including small trees landward of the bulkhead that are expected to significantly improve the existing degraded shoreline habitat at the site by providing shade, detrital input, and insects for juvenile salmonids. The existing septic system shall be substantially improved. While boat use at the upgraded Marina is expected to increase, it is probable that the majority of those boats will be from the South Hood Canal area. As previously discussed, a modern fueling and effluent pump out facility is expected to improve water quality in the area. By example, according to the USEPA, Cedar Island Marina, Inc., a recreational boat full-service marina in Connecticut operates a commercially viable bay scallop aquaculture under its marine docks. Cedar Island Marina, Inc. made similar improvements to those proposed at the Hood Canal Marina, such as pump out services, SHR2007-00024 -9- Exhibit 1 an oil absorption boom with special pads to absorb petroleum hydrocarbons, and landscaping to alleviate runoff pollution. In response to the issue of increased use, the increased use will likely not be because of monthly moorage. The amount of moorage space with the new dock floats is going from 532 feet to 530 feet. Therefore, the amount of moorage space will not be expanded with the new floats. The marina already has a long wait list for moorage on the dock If WSDOH decides to reduce the shellfish harvesting during certain times of the year because of increased dock usage, the increased boat usage will be due to fueling and the boat um -out acili , not necessary because o the replacement of dock floats. P P .� h' Y .� P 10. Adequate illumination shall be required. Illumination shall be designed and constructed to minimize off-site light and glare. Addressed in SHR2007-00003. 11. Physical and/or visual public access opportunities shall be provided unless the proponent can demonstrate that such access is physically unfeasible. As proposed. The existing Marina is open to and used by the public. 12. Rest room facilities shall be provided for public use. Existing restroom facilities will be updated and available for public use. 13. Associated uses shall be limited to those found necessary to marina operation or which provide visual or physical access to the shoreline to substantial numbers of the public. Associated uses shall conform to the regulations for those uses. Existing Marina. Fuel service and pump-out services are permitted. 14. Marina facilities shall project waterward the minimum distance necessary to provide service to vessels,without creating a hazard to navigation. Not applicable, existing dock. 15. Marina and launching facilities shall be located to minimize the need for initial and maintenance dredging, filling,beach feeding and other channel maintenance activities. None needed. 16. Expansion of existing marinas shall be required to meet the standards set forth for new development. As proposed. SHR2007-00024 - 10- Exhibit 1 Commercial Development 1. The County shall utilize the following information in its review of commercial development proposals: • nature of the activity; The Union Marina is an existing facility. The installation and reconfiguring of the proposed new floats will have a beneficial impact on the water quality of the Hood Canal by decreasing pollution from boaters fueling with gas cans and illegally dumping effluents. • need for shore frontage; A marina is a water-dependant use. • special considerations for enhancing the relationship of the activity to the shoreline; The proposed float and pier replacement project will have a beneficial impact on the water quality of the Hood Canal, as well as the immediate shoreline. • provisions for public visual or physical access to the shoreline; The existing public view of the shoreline will not be affected by the proposed project. The Marina is and will continue to operate as a public facility. • provisions to ensure that the development will not cause severe adverse environmental impacts; Installation of new floats no anticipated environmental damage. • provisions to mitigate any significant noise impacts; The proposed project will not create any significant noise impacts. • provisions to mitigate light or glare impacts. The proposed project is not expected to cause any noticeable change in light or glare at the site. 2. Commercial development may be permitted on the shoreline in the following descending order of priority: water dependent, water related and water oriented.Non-water related, non-water dependent and non-water oriented developments in an urban and rural environment may be permitted by Substantial Development Permit when: 1 SHR2007-00024 - 11 - Exhibit 1 The parcel of land to be developed is a minimum of 100 feet from OHWM and is P P located on the upland side of a public roadway, railroad right of way or government controlled property. Pre-existing structure. 3. Parking and loading areas shall be located well away from the immediate waters'edge and beaches,unless there is no other practical location for parking. Perimeters of parking areas shall be landscaped to minimize visual impacts to the shorelines, roadways and adjacent properties subject to approval by Public Works and/or Department of Transportation. Permit application shall identify the size, general type and location of landscaping. Design of parking and loading areas shall ensure that surface runoff does not pollute adjacent waters or cause soil or beach erosion. Design shall provide for storm water retention. Parking plans shall be reviewed by Mason County Department of Public Works for compliance with all applicable County Ordinances. Creation of parking areas by landfilling beyond Ordinary High Water Mark or in biological wetlands is prohibited. Existing parking lot. Addressed in SHR2007-00003. 4. Those portions of a commercial development, which are not water dependent, are prohibited over the water. The proposed float replacements are water dependent activities associated with an existing marina. 5. Water supply and waste facilities shall comply with the strictest established guidelines, standards and regulations. Not applicable. 6. New commercial developments shall be located adjacent to existing commercial developments whenever possible. Proposed project will be located at the existing Union Marina, which is located in the Rural Activity Center of Union. Surrounding land-uses are commercial and recreation. 7. New or expanded structures shall not extend more than 35 feet in height above average grade level. No applicable. 8. Commercial developments adjacent to aquaculture operations shall practice strict pollution control procedures. SHR2007-00024 - 12- Exhibit 1 Replacement of existing structure. New replacement products are environmental friendly and will not effect adjacent uses. 9. Commercial developments shall be located and designed to minimize noise impacts on adjacent properties. Existing Marina. No expected increase in noise. X. Public Comments. Mr. Don Gores and William McKesson are the owners of parcel number 322325047030 located within feet of the existing marina. They have both expressed concerns that the existing marina will increase its level of use changing the current shellfish harvest area use from a seasonal closure to a permanent closure area. A permanent closure would deprive both parties use of their tidelands and would have a financial impact on Russel of Russ Shellfish who leases the tidelands. XI. Conclusions. The project as proposed meets all the minimum requirements of the SMP policies and use regulations. Staff recommends approving this project as proposed. If the Hearing Examiner approves this permit, staff recommends the following conditions: 1. Conditions and Comments from Ecology as stated in exhibit 6. XI. Choices of Action. 1. Approve. 2. Approve with conditions. 3. Deny(reapplication or resubmittal is permitted). 4. Deny with prejudice(reapplication or resubmittal is not allowed for one year). 5. Remand for further proceedings and/or evidentiary hearing in accordance with Section 15.09.090 of Title 15. oN.STA MASON COUNTY o P� A C N DEPARTMENT OF COMMUNITY DEVELOPMENT o r s N = Planning Division °Y 0 P O Box 279, Shelton, WA 98584 (360)427-9670 1864 DETERMINATION OF NONSIGNIFICANCE (WAC 197-11-340) SEP2007-00081 Description of Proposal p p Reconfigure and replace existing floats. New proposed float coverage is 4,862 sq. ft. A fuel dock will be installed at the end of the main float walkway. Proponent: NORTH FORTY TRANSPORTATION Location of Proposal: 5101 E STATE ROUTE 106 UNION Parcel Number: 322325001001 Legal Description: UNION HOOD CANAL LAND & IMP CO BILK: 1 LOT: 1-4 & Directions to Site: MWN 9)WV571Vff.&�tA Route 106. Lead Agency: Mason County The Lead Agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21 C.030(2)(c). This decision was made after review of a completed Environmental Checklist and other information on file with the Lead Agency. This information is available to the public upon request. Please contact Ryan Crater at ext. 577 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 8/23/2007. Appeal of this determination must be filed within a 14-day period following this final determination date, per Mason County Code Chapter 15.11 Appeals. �L��Id7 Authorized Local Government Official Date MASON COUNTY ENVIRONMENTAL CHECKLIST �j 1 MASON CO. ENVIROMENTAL CHECKLIST A. BACKGROUND 1 . Name of proposed project, if applicable: Union Marina Dock Replacement. 2. Name of applicant: North Forty Transportation LLC dba Hood Canal Marina 3. Address and phone number of applicant and contact person: 22526 SE 641h Place Suite 210, Issaquah WA 98027. 425.369.9290. Authorized Agent: Wendell Stroud—Marine Floats Corporation, 1208 East `D' Street, Tacoma WA 98421. 253.383.2740. 4. Date checklist prepared: 5-29-07. 5. Agency requesting checklist: Mason County. 6. Proposed timing or schedule (including phasing, if applicable): No phasing involved. Project will be completed within seven days, upon issuance of all required permits. 7. Do you have any plans for future expansion, or further activity related to or connected with this proposal: if yes, explain. No. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. A Biological Evaluation has been prepared for the ACOE permit. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. Several permits have already been issued (for the removal of a derelict barge and the addition of a fuel tank at the site). MASON COUNTY ENVIRONMENTAL CHECKLIST 2 10. List any government approvals or permits that will be needed for your proposal, if known. A Mason County Shoreline Substantial permit and building permit, a WDFW HPA, and an Army Corp of Engineer Nationwide permit. 11.Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) The existing floating docks at the Union Marina shall be reconfigured and replaced. The existing pier and ramp will remain. The existing float coverage is 4,864 sq. ft. and the new proposed float coverage is 4,862 sq. ft. A fuel dock shall be installed at the end of the main float walkway. The purpose of the proposed reconfiguration is to position the floats to be waterward of 0.0' MLLW to prevent grounding. The existing pilings shall also be replaced with 21 steel pilings. 12. What is the location of the proposal? Give sufficient information for a person to understand the precise location of your proposed project including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. 5101 E SR 106, Union, Mason County, 98592, Quarter section NW of NW, Section 32, Township 22N, Range 03W. N47.213, W123.051. MASON COUNTY ENVIRONMENTAL CHECKLIST 3 B. ENVIRONMENTAL ELEMENTS: 1. EARTH: a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other. b. What is the steepest slope on the site (approx. percent slope)? Approx. 90 percent at the toe of the beach. C. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know classification of agricultural soils, specify them and note any prime farmland. Sand, gravel, and mud. d. Are there surface indications of history of unstable soils in the immediate vicinity: If so, describe. No. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. No filling or grading will occur. f. Could erosion occur as a result of clearing, construction, or use: If so, generally describe. No. g. About what percent of the site will be covered with impervious surfaces after project constructions (for example, asphalt or buildings)? The project will not impact impervious surfaces. The docks shall be grated. i MASON COUNTY ENVIRONMENTAL CHECKLIST 4 h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: WDOE's Best Management Practices shall be followed throughout the project. HPA provisions and WAC Marina and shoreline construction provisions shall also be strictly adhered to. 2. AIR: a. What types of emissions to the air would result from the proposal (i.e. duct, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities, if known. Machinery exhaust is not expected to be excessive. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. No. C. Proposed measures to reduce or control emissions or other impacts to air, if any: None. Emissions are expected to be minimal. 3. WATER: a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. The Hood Canal. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Yes. Work shall be done from a barge. MASON COUNTY ENVIRONMENTAL CHECKLIST 5 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. None. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. Yes. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No. b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities, if known. No. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage, industrial, containing the following chemicals...,agricultural, etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. None. MASON COUNTY ENVIRONMENTAL CHECKLIST 6 C. Water runoff (including storm water): 1) Describe the source of runoff (including stormwater) and method of collection and disposal, if any (include quantities, if known). Here will this water flow? Will this flow into other waters? If so, describe. None. 2) Could waste materials enter ground or surface waters: if so, generally describe. No. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: None. The project will have no impact on surface, ground, or stormwater. 4. PLANTS: a. Check or circle types of vegetation found on the site: deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other x_shrubs x_grass pasture crop or grain wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other x_water plants: water lily, eelgrass, milfoil, other other types of vegetation b. What kind and amount of vegetation will be removed or altered? No vegetation shall be disturbed. C. List threatened or endangered species known to be on or near the site. Puget Sound Chinook salmon, bull trout, Hood Canal summer-run chum salmon, Puget Sound steelhead, the eagle, the killer whale, the humpback whale, the Steller sea lion, the leatherback turtle, and the marbled murrelet are all listed on the Endangered Species List and may be found in the area. MASON COUNTY ENVIRONMENTAL CHECKLIST 7 d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: A buffer of native plants shall be planted along the shoreline (landward of the existing bulkhead), as part of the fuel dock addition project. 5. ANIMALS a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other Mammals: deer, bear, elk, beaver, other Fish: bass, salmon, trout, herring, shellfish, other b. List any threatened or endangered species known to be on or near the site. Puget Sound Chinook salmon, bull trout, Hood Canal summer- run chum salmon, the eagle, the killer whale, the humpback whale, the Steller sea lion, the leatherback turtle, and the marbled murrelet are all listed on the Endangered Species List and may be found in the area. C. Is the site part of a migration route? If so, explain. No. d. Proposed measures to preserve or enhance wildlife, if any: WDOE's Best Management Practices shall be followed throughout the project. HPA provisions and WAC Marina and shoreline construction provisions shall also be strictly adhered to. 6. ENERGY AND NATURAL RESOURCES: a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Electricity shall be used to operate the fuel dispensing and waste pumping facilities at the site. MASON COUNTY ENVIRONMENTAL CHECKLIST a b. Would your project affect the potential use of solar energy by adjacent properties: If so, generally describe. No. C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Work to be completed as quickly as possible. 7. ENVIRONMENTAL HEALTH: a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. Best management practices will be observed to insure minimal impact. 1) Describe special emergency services that might be required. An on site accident could conceivably require medical assistance. 2) Proposed measures to reduce or control environmental health hazards, if any: Best management practices will be observed to insure minimal impact. b. Noise: 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? None. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example. traffic, construction, operation, other)? Indicate what hours noise would come from the site. Work shall take place during daylight working hours. Noise will not be more excessive than the noise from nearby SR106. MASON COUNTY ENVIRONMENTAL CHECKLIST 9 3) Proposed measures to reduce or control noise impacts, if any" Noise will not be more excessive than the noise from nearby SR106. 8) LAND AND SHORELINE USE: a. What is the current use of the site and adjacent properties? The site is an operating marina. Adjacent properties are also commercial. b. Has the site been used for agriculture? If so, describe. No. C. Describe any structures on the site. A marina with a ramp and a floating dock, a 6,000 sq. ft. building, and a concrete bulkhead are located on the site. Will an structures be demolished? If so what? Yes, the existing d. y , floating docks shall be removed from the site. e. What is the current zoning classification of the site? Rural Commercial- 3. f. What is the current comprehensive plan designation of the site? Unknown. h4to.,V- (fr .. g. If applicable, what is the current Shoreline Master Program designation of the site? Urban commercial. classified as an "Environmental) h. Has any part of the site been class y sensitive" area? If so, specify. Not that I know of. MASON COUNTY ENVIRONMENTAL CHECKLIST 10 i. Approximately how many people would reside or work in the completed project? Approximately 6. j. Approximately how may people would the completed project displace? None. k. Proposed measures to avoid or reduce displacement impacts, if any: None. i. Proposed measure to ensure the proposal is compatible with existing and projected land uses and plans, if any: The project will improve the existing marina, which should benefit local businesses and residents. 9. HOUSING: a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. None. b. Approximately how many units, if any would be eliminated? Indicate whether high, middle, or low-income housing. None. C. Proposed measures to reduce or control housing impacts, if any: None. 10. AESTHETICS: a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? The new pilings will be approximately the same height as the existing. MASON COUNTY ENVIRONMENTAL CHECKLIST 11 b. What views in the immediate vicinity would be altered or obstructed? None. C. Proposed measure to reduce or control aesthetic impacts, if any: None. 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? None. b. Could light or glare from the finished project be a safety hazard or interfere with views? No. C. What existing off-site sources of light or glare may affect your proposal: None. d. Proposed measures to reduce or control light and glare impacts, if any: None. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? The property is an existing public marina, so there is boating, fishing, etc. in the area. 12 MASON COUNTY ENVIRONMENTAL CHECKLIST b. Would the proposed project displace any existing recreational uses? If so, describe. No, it would enhance recreational use at the site. C. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None. 13. HISTORIC AND CULTURAL PRESERVATION: a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. None that I know of. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None that I know of. C. Proposed measures to reduce or control impacts, if any: None. 14. TRANSPORTATION a. Identify public streets and highways serving the site and describe proposed access to the existing street system. Show on site plans, if any. SR 106. Access to remain unchanged. b. Is site currently served by public transit? If not, what is the approximate distance to the existing street system? Show on site plans, if any. Unknown. The site is located on SR 106. C. How many parking spaces would the completed project have? How many would the project eliminate? Unknown. MASON COUNTY ENVIRONMENTAL CHECKLIST 13 d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). No. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. Yes. There is an operating marina on the site. f. How many vehicular trips per day would be generated by the completed project. If known, indicated when peak volumes would occur. None. g. Proposed measures to reduce or control transportation impacts, if any: The access and parking is be reconfigured to meet current regulations. 15. PUBLIC SERVICES a. Would the project result in an increased need for public service (for example: fire protection, police protection, health care, schools, other)? If so, generally describe: No. b. Proposed measures to reduce or control direct impacts on public services, if any: None. 14 MASON COUNTY ENVIRONMENTAL CHECKLIST 16. UTILITIES a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other: b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. None. Signature: The above answers are true and complete to the best of my knowledge. I understand thatagency the lead a is relying on them to make its decision. Y Signature: i Date submitted: Z o M i 1 � ' I I 1 i R] ' "� 1 e tgi �apgpgix ;j, Mason County Parks Boat Ramp j Q a g da - :� Alllit 1 F I 19 m x17 jaii$ ii 5s s S it8 y 3 all � i p i g e � i • e E : i gip' � •' i'�2 .'% ./' $...g...... R // g r 17 ra I Al lie l 5 r / o -------- -------.............-......---1 , lit g m ai aD F i 3 s t e r & W i l l i a m s Modifications to ............................................ A 1.0 Hood Canal Marina A I A A r c hitect a Union,Washington 11-e-ml ^Lain o Inns b 4N%ell a ron;ila0 Fxk. f- 3 oN STATE MASON COUNTY o P� A C o DEPARTMENT OF COMMUNITY DEVELOPMENT s U Planning Division o Y �? P 0 Box 279, Shelton,WA 98584 of �,oY (360)427-9670 �864 SHR2007-00024 NOTICE OF SHORELINE MANAGEMENT PERMIT Notice is hereby given that NORTH FORTY TRANSPORTATION,who is the owner of the described property, has filed an application for a Shoreline Management Permit for the development of: Sub. Dev. UNION MARINA REPLACEMENTS FLOATS Site Address: 5101 E STATE ROUTE 106 UNION Parcel Number: 322325001001 Project: < Location of Proj Within: (quarter section)of Section:32 Township:22N N Range:3W W,W.M. in ,Mason County Washington. Said development is proposed within Hood Canal and/or its associated wetlands. Any person desiring to express their view or to be notified of the action taken on the application should notify. MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT P 0 BOX 279 SHELTON,WA 98584 in writing of their interest.The comment period is at least 30 days from the final date of publication given pursuant to WAC 173-14-020. The final date of publication,posting,or mailing of notice is 07-07-19. Written comments will be accepted up to the date of the hearing. A public hearing will be held on this permit request. Contact this office at(360)427-9670,ext.577 for date and time of hearing. A Determination of Nonsignificance was issued on 07-07-12 under WAC 197-11-340. Written comments regarding this determination must be received by 07-07-26. SHR2007-00024 AFFIDAVIT OF POSTING NOTICE DATE: Y 0 STATE OF WASHINGTON) :SS COUNTY OF MASON ) I, lguan C fM+2S , do hereby certify that I posted _� copies of the attached Sµ2 7�0nQL!- in 3 public places as follows: 1 at Si tb 1 E 57a�r- Qo m lb .b,, &A�- o-� p ro,pe/ J 1 at .510 f= 0 SGn C 00,C),04, k1 1 at U A,.� P,:n 5'1 D--U,'C-e WITNESS my hand and seal this day of , Name OFc,4-� yeJw Address STATE OF WASHINGTON) :SS COUNTY OF MASON ) �T SUBSCRIBED AND SWORN to me this day j,Cgp�y�ii� otary Pu ' for the State 4 of Washington residing at OF �����►I1111IIIHIN\\\� O 400 .r� Affidavit of Publics i� y NOTICE OF SHORELINE MANAGEMENT PERMIT SHR2007-00024 STATE OF WASHINGTON 1 SS. Notice is hereby given that NORTH FOR- TY COUNTY OF MASON f TRANSPORTATION,who is the owner of the described property, has filed an applica- tion for a Shoreline Management Permit for Julie G.Orme being first duly sworn the development of Sub.Dev. on oath deposes and says that she is the clerk UNION MARINA REPLACEMENTS of the SHELTON-MASON COUNTY JOURNAL, a weekly newspaper. That FLOATS said newspaper is a legal newspaper and it is now and has been for more than six Site Address:5101 E STATE ROUTE 106 months prior to the date of the publication hereinafter referred to, published in UNION p P Parcel Number:322325001001 the English language continuously as a weekly newspaper in SHELTON,Mason Location of Project: County, Washington,and it is now and during all of said time was printed in an Within: (quarter section) of Section: 32 office maintained at the aforesaid place of publication of said newspaper. That Township:22N N Range:3W W,W.M. the said SHELTON-MASON COUNTY JOURNAL was on the 9th day of in,Mason County Washington. August, 1941, approved as a legal newspaper by the Superior Court of said Said development is proposed within Mason County. Hood Canal and/or its associated wetlands. Any person desiring to express their view or to be notified of the action taken on the ap- That the annexed is a true copy of a Notice of Shoreline MEmt plication should notify: MASON COUNTY DEPARTMENT OF Permit—North Forty Transportation LLC COMMUNITY DEVELOPMENT P O BOX 279 SHELTON WA 98584as it was published in regular issues and not in supplement form of said in writing of their interest.. The comment h period is at least 30 days from the final date of publication given pursuant to WAC 173- newspaper once each week for a period of two 14-020.The final date of publication,posting, consecutive weeks,commencing on the or mailing of notice is 07-19-07. Written comments will be accepted up to 12th day of July 20 07 and ending on the the date of the hearing. A public hearing will be held on this permit 19th day of July 20 07 both dates inclusive, request.Contact this office at(360)427-9670, y ext.577 for date and time of hearing. and that such newspaper was regularly distributed to its subscribers during all of A Determination of Nonsignificance was the said period.That the full amount of the fee charged for the issued on 07-12-07 under WAC 197-11-340. Written comments,regarding this determina- foregoing publication is the sum of$ 84.00 ton must be received by 07-26-07. 7/12-19 2t A cad amAk Subscribed and sworn to before me th 19th day of July n ^- 20�0(7� ip/O Notary blic in and for the State of Washingtct cF ,�. Residing at Shelton,Washington Z U NOTARY My commission expires ,20 (� '. pV BLIC _ 'O �..1 l 2 �, OF i W Qp'sy STATg W 6_ RECEIVED Irria A�IC 14 7007 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY MCCD - PLANNING PO Box 47775• Olympia, Washington 98504-7775• (360)407-6300 August 23,2007 Mr.Ryan Crater Mason County , Your address Department of Community Development is in the Planning Division S Kennedy- PO Box 279 Goldsborough Shelton,WA 98584 watershed Dear Mr. Crater: Thank you for the opportunity to comment on the determination of nonsignificance for the Union Marina Dock Replacement project(SEP2007-00081)located at 5101 East State Route in Union as proposed by North Forty Transportation,LLC dba Hood Canal Marina. The Department of Ecology(Ecology) reviewed the environmental checklist and has the following comment(s): SOLID WASTE&FINANCIAL ASSISTANCE: Dan Farrell(360)407-6084 The applicant proposes to demolish an existing structure(s). If applicable,the applicant should ensure that any potentially dangerous or hazardous materials present are removed prior to demolition. It is important that these materials and wastes are removed and appropriately managed prior to demolition. It is equally important that demolition debris is also safely managed,especially if it contains painted wood or concrete,treated wood,or other possibly dangerous materials. Please review the"Dangerous Waste Rules for Demolition,Construction,and Renovation Wastes," posted at Ecology's website,www.ecy.wa. og_y/prom ms/hwtr/demodebris/. The applicant may also contact Rob Rieck of Ecology's Hazardous Waste and Toxics Reduction Program at(360)407-6751 for more information about safely handling dangerous wastes and demolition debris. The applicant proposes to remove a structure that may contain treated wood. If applicable,please refer to Ecology's publication"Focus on Treated Wood Exclusion," available at hb://www.egy.wa��ubs/0304038�,for suggested best management practices and disposal requirements for treated wood. For additional information or clarification,please contact Dee Williams with Ecology's Hazardous Waste and Toxics Reduction program,at(360)407-6348. WATER QUALITY: Roberta Woods(360)407-6269 Any discharge of sediment-laden runoff or other pollutants to waters of the state is in violation of Chapter 90.48 RCW,Water Pollution Control,and WAC 173-201A,Water Quality Standards for Surface Waters of the State of Washington,and is subject to enforcement action. Erosion control measures must be in place prior to any clearing,grading, or construction. These control measures must be effective to prevent stormwater runoff from carrying soil and other pollutants into surface water or storm drains that lead to waters of the state. Sand,silt,clay particles, and soil will damage aquatic habitat and are considered to be pollutants. ft I AUG-23-2007 THU 12: 14 PM DOE SW REGIONAL OFFICE FAX NO. 360 407 6305 P. 03/03 . August 23,2007 Page 2 Proper disposal of construction debris must be on land in such a manner that debris cannot enter the Hood Canal or cause water quality degradation of state waters. Ecology's comments are based upon information provided by the lead agency. As such,they do not constitute an exhaustive list of the various authorizations that must be obtained or legal requirements that must be fulfilled in order to carry out the proposed action. If you have any questions or would like to respond to these comments please contact the appropriate reviewing staff listed above. Department of Ecology Southwest Regional Office (SM: 07-6530) cc: Dan Farrell, SW/FAP Roberta Woods,WQ North Forty Transportation,LLC dba Hood Canal Marina(Applicant/Contact) Wendell Stroud,Marina Floats Corporation(Agent) I^ '7'.a 7'F. �x�••,J b� . RECEIVED 1.9 STATE OF WASHINGTON AUG 2 O �aQ� DEPARTMENT OF HEALTH MCGp _ PLANNING OFFICE OF SHELLFISH AND WATER PROTECTION -' PO Box 47824 • Olympia, Washington 98504-7824 (360) 236-3330 • TDD Relay Service: 1-800-833-6388 August 6, 2007 Don Gores, 4716 77`h.Ave Court West University Place, Washington 98466 Dear Mr. Gores: RE: Copy of Russ' Shellfish, WA 1029-SS Certified Harvest Site(s) The Department of Health, Office of Shellfish and Water Protection has certified the harvest site(s) below for commercial harvest of shellfish by your company. Please be advised, this parcel currently lies in a conditionally approved area and is under a conditional closure from May thru September. Owner: William McKesson /Gores Description: 47 Tax 736-A EX & Tax 703 EX Parcel Number: 322325047030 Growing Area: Annas Bay Enclosed you will find your replacement Shellfish Operation License and Certificate of Approval. Your new Shellfish License reflects the addition of Annas Bay as a certified growing area for Russ' Shellfish. Also enclosed is the current Application for Harvest Site Certification, required for future certification requests. If you have any questions or concerns regarding this letter, contact Cathy Barker,Public Health Advisor, at(360) 236-3303. Sincerely, c')Cati Cathy Barker Public Health Advisor Enclosures August 23,2007 Page 2 Proper disposal of construction debris must be on land in such a manner that debris cannot enter the Hood Canal or cause water quality degradation of state waters. Ecology's comments are based upon information provided by the lead agency. As such,they do not constitute an exhaustive list of the various authorizations that must be obtained or legal requirements that must be fulfilled in order to carry out the proposed action. If you have any questions or would like to respond to these comments please contact the appropriate reviewing staff listed above. Department of Ecology Southwest Regional Office (SM: 07-6530) cc: Dan Farrell, SW/FAP Roberta Woods,WQ North Forty Transportation,LLC dba Hood Canal Marina(Applicant/Contact) Wendell Stroud,Marina Floats Corporation(Agent) NOTES- DESCRIPTION OF SURKr. UPLAND PORT,or THE foL10WING DESCRIBED PROPERTY SEE PREVIOUS SHAKY OF RECORD BOOK 27, LOTS I 2, 3 AND 4, BLOCK 1, C07GWAL PLAT OF UNION GTY, ACCORDING TO THE RECORDED PLAT THEREOF NOTE. PACE 169, AUDITOR'S FILE NO. 1733734. IN THE OFFICE OF THE AUDITOR FOR MASON COUNTY, WASHING ON, VOLUME 2 Of PLAT£ PAGE 21, LOCATION Of LEASE. DOCK AREA, PIER, RAMP, PILINGS AND EDGE OF VEGETATION (AS SHOWN ON BLOCKS -A-AND V AS SHOW4 ARE A ALL OF BLOCKS 'A`AND 'b', MCREAVYS SUPPLEMENTAL PLAT OF UNION CITY, ACCORDING TO THE RECORDED ACUA77C LAND LEASE NO. 20-0126 9 1, AS RECORDED UNDER AUDITOR'S FILE N0. 1756754, RECORDS PORTION Of MCfL:AVYS SUPPLEMENTAL PLAT PLAT THEREOF IN THE OFFICE OF THE AUDITOR FOR MASON COANTY, WASHINGTON, VOLUME J OF PLATS, OF MASON COUNTY WASHINGTON) ARE FOR ILLUSTRATIVE PURPOSES ONLY AND MAY NOT REFLECT OF UNION CITY VOLUME 3 OF PLATS, PAGE la PACE 10. CURRENT CONOTIONS. ALL THAT PORTION OF VACATED CANAL STREET, AS SHOWN ON SAID ORIGINAL PLAT OF UNION) CITY ABUTTING BLOCKS 1, 2 AM) 8, AND VACATED CANAL SAO BLOCK I, THEREOF ON THE NORTH, AND ABUTTING ANY PORTION OF BLOCK 'A', SAID MCREAVYS STREET AND VACATED SEATTLE STREET ARE AS SUPPLEMENTAL PLAT OF UNION CITY ON THE SOUTH SHOWN ON THE ORIGINAL PLAT OF UNION OTY VOLUME 2 OF PLATS, PATE 21. ALL THAT PORTION OF THE NORTH ONE HALF OF THAT PORTIO'e OF VACATED EAST 250 FEET O'FIRST THE EAST BOUNDARY OF THE SECOND- STREET IN SAID ORIGINAL PLAT OF UNION CITY, LYING NORTHERL Y OF THE NORTHERLY RIGHT-OF-WAY LINE OF CLASS TIDELANDS IS THE EAST LINE OF PRIMARY STATE HIGHWAY NO. 10 AND SOUTHERLY OF THE SOVi'fERLY LINE OF BLOCK 1, OF SAID ORIGINAL F SEATTLE STREET. PLAT OF UNION CITY. ,�p ALL TIDELANDS OF THE SECOND-CLASS AS CONVEYED BY THE STATE OF WASHINGTON SITUATE IN FRONT OF, [ ADJACENT TO OR ABVTTIIG UPON THAT PORTION OF THE GOKIfiNMENT MEANDER LINE M FRONT OF GOVERNMENT LOT 4, SECTION 32, TOWNSKP 22 NORTH. RANGE 3 W+EST, W,M., MASON COUNTY, WASHINGTW NORE PARTICULARLY DESCRIBED AS FOLLOWS C O BEGINNING AT THE MEANDER CORNER BETWEEN SECTIONS 31 AND J2. TOWNSHIP 22 NORTH, RANGE 3 WEST, 9 W.M.: THENCE FOLLOWING SAID MEANDER LINE IN AN EASTERLY )IRECTION AND SOUTHEASTERLY DIRECTION TO THE INTERSECTION OF SAID MEANDER LINE WITH THE SOUTH LWI' OF BLOCK 1. ORIGINAL PLAT OF UNION CITY, ACCORDING TO THE RECORDED PLAT THEREOF IN THE OFFICE Of THE AUDITOR OF MASON COUNTY, WASHINGTON, EXTENDING EAST. EXCEPTING ALL THAT PORTION THEREOF LYING WEST OF THE EA37ERLY LINE OF ALDER STREET ON THE ti0 �b,o ORIGINAL PLAT OF UNION CITY, EXTENDED NORTHERLY, AND ALSO EXCEPTING THEREFROM THAT PORTION THEREOF EXTENDING TO THE UNE OF EXTREME LOW 77D£AND L 1NG EAST OF THE EASTERLY WINE OF SEATTLE STREET, (ALSO KNOWN AS SKOOKUM STREET)EXTENDED NORTH, AS SAID STREET IS DESIGNATED ON THE SAID ORIGINAL PLAT OF UNION CITY. nn 1/ •�W ti0 `�Nn''v '9� EXCEPTING RIGHT-OF-WAY FOR PRIMARY STATE HIGHWAY NO. I+18. TOGETHER WITH AND SUBJECT TO EASEMENTS, RESTRICTIONS AN)RESERVATIONS OF RECORD. FOUND IRON PIPE REFERRED TO AS MEANDER C R ON PLAT OF WONDERVUE VOLUME 4 OF PLATS, PA '4`� A�( Q!� , 139. AND UNRECORDED SURVEY BY SWIFT DATED MA gL OCK A ' 9' Fn" �a CANAL ST. EDGE OF VEGETATION -.... _ ......... ......_.... (VACATED) / a LEGEND a t- OCR 15 IRON BAR W/PLASTIC - UTILITY POLE W/2•C,'XNOUIT&METER V L 0C 1 \ 1 YELLOW CAP SET LA h' UNLESS OTHERWISE NOTED - EXISTING POWER MEIEF LA cn I \ O O - IRON PIPE AS SHOWN ON - RV HOLY(-UP POST WjPOWER k WATER z� ¢ O f UNRECORDED SURVEY BY Q I�� ' E 4 j 4: 2 ,1j JOHN SWIFT DATED MAY 1963 - - EXISTING WATER METER Z N gL OCK W $ m R V� \ \� O UNLESS OTHERWISE NOTED -- U�ERCROUMD POWER ` z S ;/ - UNDERGROUND TELEPHONE t \ SEPTIC CLEAN—OUT 0 SW EAK CORNER `� rr�0 SEE 1 \ ` 4 F s ■ >,- 6'CYCLONE FENCE G CALL COOR'NER OFQ x � DETAIL i � �'� � � ; —oHO-- OVERHEAD UTILITIES �� 01 Ut 2 FIRS T " z ` (vacArEO) \ SET BAR k CAP 158'S. SET N \ c^ OF 8'CYCLW FENM ; BLOCK 8 \ 30, Jw 3 I 2 1 ON SURVEY SK. PAC£ t66 Q N:747244.03 ^ [+ E:995971.52 S/�.+ ���~ \•I' OS' \ Marine Floats 3/4'IRON PIPE AS SHOWN 1208 East D St-Tacoma-WA 98421-253-383-2740 �`•-.,�..,`� ON SURVEY fW 12 PAGE 201 SCALE: 1 "=801 APPROV:D BY: DRAWN BY SCALE 2 40 80 '1 DATE: 5/Z 5/0 7 REVISED 0 0 r ® N:995967,29 SITE PLAN WITH PROPOSED MARINA LAYOUT E:99596729 ,.t1 Cij L 0 p,`S DRAWN MARINEFWATT'S USE OF DRAWNG NUMBER CORP. NORTH FORTY LODGING ANY OT HM USE OR REPRODUCTION IS PROHIBUED �xkl%64 r NO TES DESCRIPTION DF SURVEY.' UPLAND PORTION OF THE FOLLOWING DESCRIBED PROPERTY Y RECORD BOOK ?7, LOTS 1, 2, 3 AND 4, BLOCK 1, ORIGINAL PLAT OF UNION CITY ACCORDING TO THE RECORDED PLAT THEREOF SEE PREVIOUS SURVUDITOR FOR MASON COUNTY, WASHINGTON, VOLUME 2 OF PLATS, PACE 21. NOTE: IN THE OFFICE OF THE A PAGE 169, AUDfTORti FILE NO 1735754. ` LOCATION OF LEASE, DOCK AREA, PIER, RAMP, PILINGS AND EDGE OF VEGETATION AS SHOWN ON ALL T BLOCKS 'A'AND ICE OF THE A SUPPLEMENTAL PLAT OF UKQV CITY ACCORDING i0 THE RECORDED ( BLOCKS 'A"AND "D"AS SHOWN AREA PLAT THEREOF IN THE OFFICE OF THE AUDITOR FOR MASON COUNTY WASHMICTON, VOLUME J OF PLATS, AOUATIC LAND LEASE NO. 20-012691, AS RECORDED UNDER AUDITOR'S FILE NO. 1755754, RECORDS PORTION OF McREAVYS SUPPLEMENTAL PLAT PACE 10. OF MASON COUNTY WASHINGTON)ARE FOR ILLUSTRATIVE PURPOSES ONLY AND MAY NOT REFLECT OF UNION CITY VOLUME 3 Of PLATS, PAGE fa CURRENT CONDITIONS. ALL THAT PORTION OF VACATED CANAL STREET, AS SHOWN ON SAID ORIGINAL PLAT OF UNION CITY ABUTTING BLOCKS 1, 2 AND A AND VACATED CANAL SAID BLOCK 1, THEREOF ON THE NORTH, AND ABUTTING ANY PORTION OF BLOCK "A", SAID MCREAVY'S STREET AND VACATED SEATTLE STREET ARE AS SUPPLEMENTAL PLAT OF UNION CITY ON THE SOUTH. SHOWN ON THE OWL4NAL PLAT OF UNION CITY VOLUME 2 OF PLAT$, PACE 21. ALL THAT PORTION OF THE NORTH ONE HALF OF THAT PORTION Of VACATED EAST 250 FEET OF FIRST STREET IN SAID ORIGINAL PLAT OF UNION CITY, LYING NORTHERLY OF THE NORTHERLY RIGHT-OF-WAY LINE OF THE EAST BOUNDARY•OF THE SECOND- PRIMARY STATE HIGHWAY NO. 10 AND SOUTHERLY OF THE SOUTHERLY LINE OF BLOCK I. OF SAID ORIGINAL CLASS TIDELANDS IS THE EAST LINE OF PLAT OF UNION CITY, t A„+ two SEATTLE STREET, ALL TIDELANDS OF THE SECOND-CLASS, AS CONVEYED BY THE STATE OF WASHINGTON SITUATE IN FRONT OF, ADJACENT TO OR ABUTTING UPON THAT PORTION OF THE GOVERNMENT MEANDER LINE IN FRONT OF 6 GOVERNMENT LOT 4, SECTION 32, TOWVS40 22 NORTH, RANGE J WEST, W,M., MASON COUNTY, WASHINGTON. E �J MORE PARTICULARLY DESCRIBED AS FOLLOW& f 7 BEGINNING AT THE MEANDER CORNER BETWEEN SECTIONS 31 AND 3?, TOWNSHIP 22 NORTH, RANGE 3 WEST, � 9OG,4 O W.M.: THENCE FOLLOWING SAID MEANDER LINE IN AN EASTERLY DIRECTION AND SOUTHEASTERLY DIRECTION TO THE INTERSECTION OF SAID MEANDER LINE WITH W SOUTH LINE OF BLOCK 1, ORIGINAL PLAT OF UNION CITY, ACCORDING TO THE RECORDED PLAT THEREOF M THE OFFICE OF T1i£AUDITOR OF MASON COUNTY, WASHINGTON, EXTENDING EAST. �br 4tiQ EXCEPTING ALL THAT PORTION THEREOF LYINC WEST OF THE EASTERLY LINE OF ALDER STREET ON THE Sr ORIGINAL PLAT Of UNION CITY, EXTENDED NORTHERLY, AND ALSO EXCEPTING THEREFROM THAT PORTION Q 7� Fq THEREOF EXTENDING TO THE LIFE OF EXTREME LOW TIDE AND LYING EAST OF THE EASTERLY LINE OF SEATTLE + STREET, (ALSO KNOWN AS SKOOKUM STREET)EXTENDED NORTH, AS SAID STREET IS DESIGNATED ON THE SAID i ORIGINAL PLAT OF UNION CITY. rY I EXCEPTING RIGHT-OF-WAY FOR PR/NARY STATE HIGHWAY N0. 106. s TOGETHER WITH AND SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. FOUND IRON PIPE REFERRED TO AS MEANDER C ER S `' i ON PLAT OF WONDERW£ VOLUME 4 OF PLATS. PA 139, AND UNRECORDED SURVEY BY SWIFT DATED MA <�q 4„ V+ 1965. B L 0 CK A RAAIP �E: N" EDGE OF VEGETATION Cw CANAL ST. (VACATED) / \ N 494,,.�ai". r j? �0C s V) Cif 2 4 \ 'L, BLOCK 2 o m� �� , �, W -1 a g SEE `I I w \ I— SW EAVE CORNER to ii ¢ w 0.16 S, 0.17 C., OF Q DETAIL " �� Q LEGEND ZZ CALC. CORNER e\ \ $ W `' O ' NS N \ _ 2 >, YE LIRON BAR OW CAPSE ASTIC ELECTRICAL BREAKER BOX I G � - UTILITY POLE W/2"CONDUIT k METER J UNLESS OTHERWISE NOTED FIRST -&u_4o£L BOX „ QyL . IRON PIPE AS SHOWN ON - EXISTING POWER METER U UNRECORDED SURVEY BY / q gAR �15r s, JOHN SWIFT DATED MAY 1965 ' RV HOOK-UP POST W/POM[R a WATER -.-.... $ElJ (VACATED) N OF 6' CYddE FENCE UNLESS OTHERWISE NOTED EXISliNG WATER METER ~� _ -ucv—. UNDERGROUND POWER MPK BL TI CK 1 so' ao - SEPTIC CLEAN-OUT . ZZq N,1 . UNDERGROUND TELEPHONE O Q GAS PUMP x x x x- 6'CYCLONE FENCE Z 2 2 —oHU-- OVERHEAD UTILITIESS ?'IRON PIPE AS SHOWN ON q SURVEY BK. 18 PAGE 166_' E:995971,52 J� '^•.,,`.Q�/N 7 06' , Marine Floats , s,' 1208 East D St-Tacoma-WA 98421-253-383-2740 3/4"IRON PIPE AS SHOWN ON SURVEY BK. 12 PAGE 201 SCAM SCALE: 1"=80' APPROVED BY: DRAWN BY �� DATE 25 07 REVISED o so ao so 5 N:744590.57 SITE PLAN WITH EXISTING MARINA LAYOUT E:995967.29 L O A`t DRAWN FOR THE USE OF DRAWING NUMBER MARINE FLOATS CORP. NORTH FORTY LODGING ANY OTHER USE OR REPRODUCTION 15 PROHIBITED