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Home My WebLink AboutUnion Marina Email Correspondence - SHR Letters / Memos - 7/17/2007 -----------Ryan Crater- RE E- Union From: "Brian McGinnis" <bmcginnis@northfortylodging.com> To: Kell McAboy <KeIIM@co.mason.wa.us>, "'Ryan ... Date: 7/17/2007 11:38 am Subject: RE: Union Marina-SHR2007-00024 Kell and Ryan: Will there need to be any need for a public notice in the newspaper for the public hearing scheduled for September 11 for the dock replacement? Will you coordinate that notice? I contacted the Skokomish Tribe this morning to let them know about the public hearing. Thanks, Brian Brian McGinnis North Forty Lodging LLC 22526 SE 64th Place Suite 210 Issaquah,WA 98027 Tel: (425)369-9290 Fax: (425)369-9008 From: Kell McAboy[mailto:KeIIM@co.mason.wa.us] Sent: Thursday, June 21, 2007 4:39 PM To: Brian McGinnis Cc: Ryan Crater Subject: Union Marina-SHR2007-00024 Hi Brian, The Hearing is scheduled for Tuesday, September 11, 2007. Hopefully that will give you plenty of time to get the work done by December. I spoke with Angela at Marine Floats. She's sending the remaining fees due with the BE. I'll be working with Ryan Crater who will be the planner handling this permit. I've cc'd him on this email. Kell Ryan Crater- RE: Union Marina 1� From: "Brian McGinnis" <bmcginnis@northfortylodging.com> To: "'Ryan Crater"' <RyanC@co.mason.wa.us> Date: 8/9/2007 4:05 pm Subject: RE: Union Marina Ryan: believe I have their telephone numbers but have not been in my office enough this week to contact them. I will try next week. What is the status of the SEPA? Besides the letter from Dept. of Health, what else do you need before issuing SEPA by August 24? If there is anything I can do to get the process moving, let me know. Thanks for your assistance. Brian -----Original Message----- From: Ryan Crater[mailto:Ryan C@co.mason.wa.us] Sent: Thursday,August 09, 2007 10:36 AM To: Brian McGinnis Subject: Union Marina Brian, Just wanted to keep you in the loop. Commissioner Tim Sheldon is going to call Mark Toy with W DOH to see what the possible closure zone will be. Hopefully it will move things along faster. Did you have any luck contacting the oyster growers? Regards, Ryan Planner Mason County Department of Community Development 411 North 5th PO BOX 279 Shelton, WA 98584 Phone#360-427-9670 ext. 577 Fax#360-427-8425 Ryan Crater- RE Union Marina 1 From: "Brian McGinnis" <bmcginnis@northfortylodging.com> To: "'Ryan Crater"' <RyanC@co.mason.wa.us> Date: 8/10/2007 8:04 am Subject: RE: Union Marina Hi Ryan: Thanks for the information. It was nice having a chnace to meet you last evening at the presentation on Dungeoness crab and spot prawns at Alderbrook. Very interesting science. I sure hope they are right about the cyclical nature of crab and shrimp in Hood Canal. I will plan on calling the shellfish growers next week and let you know how it goes. Let me clarify something you said below. When you refer to the"last closure" below, does that mean the closure period when the marina used to have fuel in the late 1990's? Or does it mean the closure periods in recent years? I just wanted to make sure that I understand the key issue. Thanks, Brian -----Original Message----- From: Ryan Crater[mailto:RyanC@co.mason.wa.us] Sent: Thursday, August 09, 2007 4:52 PM To: Brian McGinnis Subject: Union Marina Brian, We are going to issue SEPA in the next few days. If things come up we can always change the SEPA determination down the road. At this point we just need to get the ball rolling so their isn't any delays that could have been avoided. The only major issue that the planning department is concerned with is if shellfish beds are effected that weren't during the last closure. As far as the beds that were effected before... the marina would be a priority use over them. Hopefully we can get this project going for you so you can meet all your deadlines. There is a lot of support for this project and I don't anticipate it will be denied. Worst case scenario may be that the process gets delayed, but at this point we are trying to avoid that. think meeting with the shellfish growers both private and commercial who may be effected by the upcoming closures will help avoid any delays. Regards, Ryan Ryan Crater RE: Union Marina 2 Planner Mason County Department of Community Development 411 North 5th PO BOX 279 Shelton, WA 98584 Phone#360-427-9670 ext. 577 Fax#360-427-8425 Ryan Crater- Hood Canal Manna at Union 1� From: "Toy, Mark C (DOH)" <Mark.Toy@DOH.WA.GOV> To: <Ryanc@co.mason.wa.us> Date: 8/10/2007 9:22 am Subject: Hood Canal Marina at Union Hi Ryan - Cathy Barker(the person in our office who does shellfish licensing for the area around the Hood Canal Marina) is not in the office today, but I did e-mail her and request a contact list for landowners of shellfish beds that may be affected by the improvements at Hood Canal Marina. Our Conditionally Approved Area Management Plan (CAAMP)lists two shellfish companies that harvest from that area that you might want to give public notice: Little Creek Shellfish Company(John Perry Marnin, representative)- (360)275-2687 Russ'Shellfish (Russ Norris, representative)- (360)427-5676 I'll send you something more definitive once I bounce it off my supervisor-probably early next week. Mark Toy, P.E., R.S. Office of Shellfish and Water Protection Division of Environmental Health Washington Department of Health P.O. Box 47824, Olympia WA 98504-7824 E-Mail: mark.toy@doh.wa.gov Phone: (360)236-3321 Public Health -Always working for a safer and healthier Washington Ryan Crater- RE: Union Marina 1 From: "Brian McGinnis" <bmcginnis@northfortylodging.com> To: "'Ryan Crater"' <RyanC@co.mason.wa.us> Date: 8/11/2007 11:24 am Subject: RE: Union Marina Ryan: Thanks for the update as well as talking to Mary Toy. Alderbrook's marina has a closure period during certain times of the year. So does the Hood Canal Marina as you indicated below. I don't see why this is would change with the new dock. Our marina is 100%full right now during the summer. We have a waiting list of 20 to 30 if a space opens up during the summer. The new marina will be the same size. We are not allowed to increase it. I don't know if our year-round moorage will increase at this point. If we offer fuel only during the summer months, I don't see why the closure period would change from what it is today. Sorry for the confusion. I thought I met you but I guess I was mistaken. I hope to meet you in the very near future. You sound like a fisheries biologist. Nice background to have! Thanks, Brian -----Original Message----- From: Ryan Crater[mailto:RyanC@co.mason.wa.us] Sent: Friday, August 10, 2007 9:26 AM To: Brian McGinnis Subject: RE: Union Marina Brain, >From my understanding the Union Marina currently has a closure area around it, but it is a conditional closure which means shellfish can be harvested during certain times of the year. Mark Toy said that since the marina will increase with regards to use that the closure area will become a total closure similar to other marinas. I believe when I talk about effected shellfish growers, I interpret it to mean shellfish beds out side of any historical closures associated with the Marina. After talking with Mark Toy the new closure zone will not change from its current 1,000 feet to the right and left from the center of the marina...although this is not totally conclusive until an actual evaluation can be done once the new marina gets up and going. From what I hear a lot of people are waiting for this marina to start getting upgraded and once that is done you can probably expect a lot of customers. Let me know if you need more info, I will be more than happy to help. Population cycles are very interesting. My educational background is Ecology and I have always been interested in the cyclic nature of species within their environments. As there is always a cycle associated with any species including Homo sapiens ...the population as a whole needs to be studied before, during, and after each cycle to better understand the overall population dynamics. For example salmon seem to be doing somewhat ok, but their spawning habitat is still in poor shape. The only thing that Ryan Crater- RE Union Marina 2 is saving them is that ocean conditions are prime for feeding and that means high return rates. With high return rates and a somewhat poor spawning/rearing environment; it gets offset by the return rates which higher offspring survival rates due to the number of spawners. We won't truly know the state of salmon until after the ocean cycle completes its circle from prime feeding conditions to poor feeding conditions. Once this cycle completes its path back to prime feeding conditions we can then understand truly the condition of salmon populations. This same cycle can be related back to crab and prawns, but the catch to this is the oxygen issue. If we don't take measures now we may lose this natural resources and this will have a major economic impact in the region. Sorry so long...I really like stuff like this stuff. Oh yeah...I wasn't at Alderbrook, but I do hope to meet you, I have heard nothing but good things about you. Regards, Ryan Planner Mason County Department of Community Development 411 North 5th PO BOX 279 Shelton, WA 98584 Phone#360-427-9670 ext. 577 Fax#360-427-8425 >>>"Brian McGinnis" <bmcginnis@northfortylodging.com>8/10/2007 8:04 am Hi Ryan: Thanks for the information. It was nice having a chnace to meet you last evening at the presentation on Dungeoness crab and spot prawns at Alderbrook. Very interesting science. I sure hope they are right about the cyclical nature of crab and shrimp in Hood Canal. I will plan on calling the shellfish growers next week and let you know how it goes. Let me clarify something you said below. When you refer to the"last closure" below, does that mean the closure period when the marina used to have fuel in the late 1990's? Or does it mean the closure periods in recent years? I just wanted to make sure that I understand the key issue. Thanks, Brian -----Original Message----- From: Ryan Crater [mai Ito:RyanC@co.mason.wa.us] Sent: Thursday, August 09, 2007 4:52 PM To: Brian McGinnis Subject: Union Marina Ryan Crater- RE Union Marina 3 Brian, We are going to issue SEPA in the next few days. If things come up we can always change the SEPA determination down the road. At this point we just need to get the ball rolling so their isn't any delays that could have been avoided. The only major issue that the planning department is concerned with is if shellfish beds are effected that weren't during the last closure. As far as the beds that were effected before... the marina would be a priority use over them. Hopefully we can get this project going for you so you can meet all your deadlines. There is a lot of support for this project and I don't anticipate it will be denied. Worst case scenario may be that the process gets delayed, but at this point we are trying to avoid that. I think meeting with the shellfish growers both private and commercial who may be effected by the upcoming closures will help avoid any delays. Regards, Ryan Planner Mason County Department of Community Development 411 North 5th PO BOX 279 Shelton, WA 98584 Phone#360-427-9670 ext. 577 Fax#360-427-8425 Ryan Crater- FW: Hood Canal Marina at Union 1 From: "Toy, Mark C (DOH)" <Mark.Toy@DOH.WA.GOV> To: <Ryanc@co.mason.wa.us> Date: 8/13/2007 10:33 am Subject: FW: Hood Canal Marina at Union CC: "Woolrich, Bob (DOH)" <Bob.Woolrich@DOH.WA.GOV> Hi Ryan -This is a follow up to the e-mail I sent on Friday. In talking to Cathy Barker, there was one additional shellfish harvester that will be potentially affected by the improvements at Hood Canal Marina: Sunset Beach Oyster Company(contact Nathan Morris): (360)426-1872 The licensing unit deals with harvesters, not landowners, so you'll have to look that up. The coordinates for the Conditionally Approved area are as follows: All tidelands lying: All intertidal and subtidal ground lying within the following boundaries: beginning at a point on the south shoreline located at approximately 47.35780°N, -123.10300°W and extending east to a point located on the south shoreline at approximately 47.356660N, -123.09558°W, extending north to approximately 47.358420N, -123.09552°W then extending northwest to a point located at 47.360080N, -123.10303°W. As I mentioned over the phone on Thursday, the proposed improvements at the Hood Canal Marina at Union will not likely change the size of the closure zone but will likely change its classification from conditionally approved (seasonally closed for commercial shellfish harvest from May 1 to September 30) to prohibited (closed year-round). Please confirm that the public hearing for the marina improvements is still on September 11 at 1 p.m. Please contact me if you have any other questions. > From: Toy, Mark C (DOH) > Sent: Friday, August 10, 2007 9:22 AM >To: 'Ryan c@co.mason.wa.us' > Subject: Hood Canal Marina at Union > Hi Ryan -Cathy Barker(the person in our office who does shellfish licensing for the area around the Hood Canal Marina) is not in the office today, but I did e-mail her and request a contact list for landowners of shellfish beds that may be affected by the improvements at Hood Canal Marina. Our Conditionally Approved Area Management Plan (CAAMP)lists two shellfish companies that harvest from that area that you might want to give public notice: > Little Creek Shellfish Company(John Perry Marnin, representative)- (360)275-2687 > Russ'Shellfish (Russ Norris, representative)- (360)427-5676 > I'll send you something more definitive once I bounce it off my supervisor-probably early next week. > Mark Toy, P.E., R.S. > Office of Shellfish and Water Protection > Division of Environmental Health >Washington Department of Health > P.O. Box 47824, Olympia WA 98504-7824 > E-Mail: mark.toy@doh.wa.gov > Phone: (360)236-3321 > Public Health -Always working for a safer and healthier Washington Ryan Crater-Answers to hood canal marina questions doc 1 From: "Brian McGinnis" <bmcginnis@northfortylodging.com> To: "'Ryan Crater"' <RyanC@co.mason.wa.us> Date: 8/27/2007 10:49 am Subject: Answers to hood canal marina questions.doc Ryan: Attached is our attempt to answer your three questions. We struggled on the issue of the dock float replacement permit vs.the fuel permit. We time trying to support the reason why the replacement of the floats will be a benefit rather than a detrement to Hood Canal. In our minds, this is purely a dock float replacement permit, not a fuel permit. If we have not answered the questions to your satisfaction, please let me know. Thanks, Brian Brian McGinnis North Forty Lodging LLC 22526 SE 64th Place Suite 210 Issaquah, WA 98027 Tel: (425)369-9290 Fax: (425)369-9008 Ryan Crater- RE: Union Marina Page 1 From: "Brian McGinnis" <bmcginnis@northfortylodging.com> To: "'Kell McAboy"' <KeIIM@co.mason.wa.us> Date: 8/8/2007 4:21 pm Subject: RE: Union Marina CC: "'Ryan Crater"' <RyanC@co.mason.wa.us> Kell: Sorry to bother you but in my planning for the public hearing on Sept. 11, 1 would like to talk to the shellfish growers who are upset about our dock and fuel permits. Do you remember the names of the shellfish growers? I'd like to have a chance to talk to them before the public hearing. Where they Dan Goreg and/or Bill McKasson? these guys own the shellfish beds to the east of the marina. Thanks, Brian From: Kell McAboy[mailto:Ke[IM@co.mason.wa.us] Sent: Thursday, July 05, 2007 6:04 PM To: Brian McGinnis Cc: Ryan Crater Subject: Union Marina Hi Brian, I have spoken to two"upset" shellfish growers/harvesters who have commercial permits near the marina. They just learned of the fueling facility that got permitted and are very concerned that this will mean closure to their beach. I have given them contact information for Kim Zabel at DOH-shellfish division. Just wanted to give you a heads up about it. I'll let you know if I hear anything more. This may be an issue that comes up at the hearing for the floats. Kell Kell McAboy, Land Use Planner Mason County DCD 411 N. 5th/P.O. Box 279 Shelton, WA 98584 360.427.9670 ext. 363 My mailing address Page 1 of 1 Kell McAboy- My mailing address From: "Toy, Mark C (DOH)" To: "Kell McAboy" Date: 6/22/2007 5:23 PM Subject: My mailing address Mark Toy, P.E., R.S. Office of Shellfish and Water Protection Division of Environmental Health Washington Department of Health P.O. Box 47824, Olympia WA 98504-7824 E-Mail: mark.toy@doh.wa.gov Phone: (360)236-3321 Public Health-Always working for a safer and healthier Washington file://C:\Documents%20and%20Settings\kellm\Local%20S ettings\Temp\XPgrpwise\467C... 6/22/2007 I Ryan Crater- RE Appeal Process 1 f From: "Brian McGinnis" <bmcginnis@northfortylodging.com> To: "'Ryan Crater"' <RyanC@co.mason.wa.us> Date: 9/27/2007 11:04 am Subject: RE: Appeal Process Ryan: Thanks for setting up this meeting with Mark Toy. I will see you then. Brian -----Original Message----- From: Ryan Crater [mai Ito:Ryan C@co.mason.wa.us] Sent: Wednesday, September 26, 2007 5:18 PM To: Brian McGinnis Subject: Re: Appeal Process Brian, The meeting is setup for Oct 4th at 4 p.m. at my office. Let me know if that doesn't work for you. Regards, Ryan >>>"Brian McGinnis" <bmcginnis@northfortylodging.com>9/26/2007 12:46 >>> pm >>> Ryan: Please send me the appeal process for the Shoreline Hearings Board. I look forward to meeting with Dept. of Health. Thanks, Brian Brian McGinnis North Forty Lodging LLC/Pinnacle Real Estate LLC 22526 SE 64th Place, Suite 210 Issaquah, WA 98027 Tel: (425)369-9290 Fax: (425)369-9008 Ryan Crater- RE Appeal Process 2� Please send me the appeal process for the Shoreline Hearings Board. I look forward to meeting with Dept. of Health. Thanks, Brian Brian McGinnis North Forty Lodging LLC/Pinnacle Real Estate LLC 22526 SE 64th Place, Suite 210 Issaquah, WA 98027 Tel: (425)369-9290 Fax: (425)369-9008 n Crater RE: Appeal Process From: "Brian McGinnis" <bmcginnis@northfortylodging.com> To: ~Ryan Crober~ <RyanC@oo.mamon.wm.uo> Date: 9/27/2007 11:48 am Subject: RE: Appeal Process Ryan: | am having discussions with State Dept. of Health to better understand our � options. Like you, | think something reasonable can be worked out. Since � Mark seems pretty set in his ways about the marina causing ayear-round � closure, | am going above him ho get the best information. I'll let you know what | learn before our meeting with Mary Toy next week. Thanks, � Brian -----Original Message--- From: Ryan Crater[moi|to:Ryan C@co.mason.wa.us] Sent: Wednesday, September 2G. 20071:11 PM To: Brian McGinnis Subject: Re: Appeal Process Brian. |f you want bo appeal this decision, you can find appeal instructions (Chapter 4G1'08VVAC)at the Shorelines Hearings Board weboite vw^wv.eho.wo.gov/Boards.SH8.aoporottheVVSLvvabsite http://appo]eg.vvo.gov/wou . |f you should appeal wait until you receive a letter from Ecology stating they have received the case file. This letter details the outcome ofthe case os well aoan appeal time frame along with other useful information. | know that Phil stated it may bea "poison piU''. but | believe that this challenge can beovercome. | will keep you posted regarding o meeting with DOH. Regards, Ryon Crater Land Use Planner Mason County Department of Community Development 411 Nodh5th PO BOX 27Q Shelton, VVAQ8584 Phone#3S0-427'0870 ext. 577 Fax#380-427-O425 >>> "Brian McGinnis" <bmcginnim@nwrthforty|odging.com>D/28/200712:4G >>> pm »>» Ryan: Ryan Crater- Hood Canal Marina Thanks and have a great weekend. Brian Brian McGinnis North Forty Lodging LLC/Pinnacle Real Estate LLC 22526 SE 64th Place, Suite 210 Issaquah,WA 98027 Tel: (425)369-9290 Fax: (425)369-9008 Ryan Crater- Hood Canal Marina 1 From: "Brian McGinnis" <bmcginnis@northfortylodging.com> To: "'Ryan Crater"' <RyanC@co.mason.wa.us> Date: 9/28/2007 2:24 pm Subject: Hood Canal Marina Ryan: spoke yesterday with Bob Woolrich, who Mark Toy copied on one of his email messages to you. Bob's title and contact information are shown on the following web link: http://www.doh.wa.gov/ehp/sf/shellfish-staff.pdf. Bob is "Manager of Growing Area Section, with the Washington State Department of Environmental Health, Office of Shellfish and Water Protection. Bob Woolrich is listed as the state contact for the following areas: (1) Classification of Growing Areas; (2) Conditional Area Management; (3) Spills (oil &chemical)and Flooding; and (4)Wastewater Treatment Plants and Sewage Spills. He was very knowledgeable and appears to be the expert within. Bob said that the Hood Canal Marina and the adjacent shellfish beds can coexist under the State's criteria. Here is the criteria he gave me yesterday: 1. Hood Canal Marina is what is termed by the Dept. of Environmental Health as a "Seasonal Marina". 2. The nearby shellfish beds, which are operated by two(2) licensees, have a conditional permit to harvest shellfish from December 1 through April 30. 3. The tidelands located next to the Hood Canal Marina are closed for shellfish harvesting from May 1 through November 30. 4. When the oyster harvesting season is closed, the Hood Canal Marina can moor boats in the same way it has always done. The marina presently accommodates approximately 30 boats of varying sizes. During the time frame of May 1 through November 30, there is no restriction on the number of boats with on-board heads moored at the Hood Canal Marina. 5. During the oyster harvesting season of December 1 through April 30, the Hood Canal Marina can have no more than 10 boats moored on the dock"with on-board heads". There is no limit to the number of boats "without on-board heads". 6. If the waters around the marina are contaminated by another party not associated with the marina and the shellfish beds need to be closed for harvest, the marina is not at fault. 7. While the marina is limited to 10 boats with on-board heads during the shellfish harvesting season (December 1 through April 30), there is no seasonal restriction to operating the fuel dock. I know this doesn't seem to agree with what Mark Toy indicated. I asked Bob if either he or Mark could put this in a letter. If they do, that should meet the"Operating Plan" in the Hearing Examiner's decision, to be administered by Mason County staff(or you!). I know you are busy. This is critical for us so I hope you don't mind that I gathered this information. Bottom-line, these are the points we should discuss with Mark at our meeting next Thursday. In my email to Bob, I asked him to please discuss this with Mark Toy. Ryan Crater RE. Hood Canal Marina 3� 2. The nearby shellfish beds, which are operated by 2 licensees, have a conditional permit to harvest shellfish from December 1 through April 30. 3. The tidelands located next to the Hood Canal Marina are closed for shellfish harvesting from May 1 through November 30. 4. When the oyster harvesting season is closed, the Hood Canal Marina can moor boats in the same way it has always done. The marina presently accommodates approximately 30 boats of varying sizes. During the time frame of May 1 through November 30, there is no restriction on the number of boats with on-board heads moored at the Hood Canal Marina. 5. During the oyster harvesting season of December 1 through April 30, the Hood Canal Marina can have no more than 10 boats moored on the dock that have on-board heads. 6. If the waters around the marina are contaminated by another party not associated with the marina and the shellfish beds need to be closed for harvest, the marina is not at fault. 7. While the marina is limited to 10 boats with on-board heads during the shellfish harvesting season (December 1 through April 30), there is no seasonal restriction to operating the fuel dock. It is our goal to become a "green marina"according to the Northwest Marine Trade Association's program. If what I have said above is correct, it would be very helpful to receive a simple letter from Department of Health outlining the above conditions. That way, our Mason County planner(Ryan Crater)can simply mandate that our marina is to abide by the regulations of the Department of Health to meet the terms of the dock float replacement permit. I will be meeting next Thursday with Mark Toy and Ryan Crater(Mason County Planner)to discuss this and hopefully formalize a plan. If you could discuss this (and the possibility of a letter)with Mark Toy in the meantime, that would be very helpful, indeed. If you have any questions or concerns, I can be reached at(425) 890-5005(mobile). Thanks again for your assistance. Brian Brian McGinnis President North Forty Lodging LLC/North Forty Transportation LLC dba "Hood Canal Marina" 22526 SE 64th Place, Suite 210 Issaquah, WA 98027 Tel: (425)369-9290 Fax: (425)369-9008 ---- - —-. ..-- -— - — --- --- - - -- - — --- —- --- --� �Ryan Crater- RE Hood Canal Marina ` 1 Please let me know if there's anything else you want me to bring to the meeting. -----Original Message----- From: Woolrich, Bob (DOH) Sent: Sunday, September 30, 2007 11:44 AM To: Toy, Mark C (DOH) Subject: FW: Hood Canal Marina Mark, I think I showed you this e-mail although I don't have any record of forwarding it to you. If so, have you drafted a response? If not, please do so and send a copy to me. Thanks Bob Woolrich Manager of Growing Area Section Office of Shellfish and Water Protection Washington State Dept. of Health P.O. Box 47824 Olympia, WA 98504-7824 (360)236-3329 bob.woolrich@doh.wa.gov Public Health -Always working for a safer and healthier Washington. -----Original Message----- From: Brian McGinnis [mailto:bmcginnis@northfortylodging.com] Sent: Thursday, September 27, 2007 2:28 PM To: Woolrich, Bob (DOH) Subject: Hood Canal Marina Dear Bob: Thank you very much for speaking with me this morning concerning our dock float replacement permit. Before our conversation, it appeared that we were in a real pickle. Without the ability to replace the old dock floats, the marina's floating docks would continue deteriorating until they would cease to exist. After our discussion, it appears that our small seasonal marina can successfully co-exist with the adjacent shellfish growers. Per the Mason County hearings examiner, our dock float replacement permit is predicated on the principal that we can not operate the marina in a way that would cause closure of the nearby permitted shellfish beds. The hearings examiner asked our county planner to help develop a simple operating plan for the marina that would allow the shellfish beds to remain open seasonally. To make sure I understood our conversation this morning, let me restate the key points: 1. Hood Canal Marina is what is termed by the Dept. of Health as a "Seasonal Marina". Ryan Crater-.RE: Hood Canal Marina 1 From: "Brian McGinnis" <bmcginnis@northfortylodging.com> To: "'Toy, Mark C (DOH)"' <Mark.Toy@DOH.WA.GOV> Date: 10/3/2007 9:14 am Subject: RE: Hood Canal Marina CC: "'Woolrich, Bob (DOH)"' <Bob.Woolrich@DOH.WA.G... Mark: I had another thought on the issue of keeping tract of the number of boats with on-board heads. We can include in our marina rental agreement whether or not a tenant has an on-board head, to make certain we stay under the threshold of 10 boats with on-board heads. We could also require all boats with heads moored at our marina to use dye tablets in their system, which would be provided by the marina. With dye tablets, it would help to better detect if an on-board head has a leak. I look forward to meeting with you tomorrow to discuss this item in more detail. Thanks, Brian -----Original Message----- From: Brian McGinnis [mailto:bmcginnis@northfortylodging.com] Sent: Tuesday, October 02, 2007 5:47 PM To: 'Toy, Mark C (DOH); 'Wool rich, Bob (DOH)' Cc: 'Woolrich, Bob (DOH)' Subject: RE: Hood Canal Marina Hi Mark: Thank you for the response. If you could bring a draft of the letter to Thursday's meeting, that would be very helpful. I think we need to discuss your proposed modification to point No. 5. Before we rent a slip to someone during that timeframe of December 1 through April 30,we could certainly do the visible inspection to make sure they do not have a head. Once we have the final letter,we would then meet with the hearing examiner, along with Ryan Crater. See you Thursday. Brian -----Original Message----- From: Toy, Mark C (DOH) [mailto:Mark.Toy@DOH.WA.GOV] Sent: Monday, October 01, 2007 4:58 PM To: Woolrich, Bob (DOH); bmcginnis@northfortylodging.com Subject: RE: Hood Canal Marina Dear Brian - Is it OK to bring you a letter on Thursday? Bob and I discussed your summary below and it looks fine except for one minor clarification. On point#5, the boats need only appear to be capable of having on-board heads for our purposes of calculating the threshold (we can't be expected to go inspecting the insides of boats to do this). _Ryan Crater- marked up draft letter from Mark Toy.pdf October 4,2007 Brian McGinnis,President North Forty Lodging LLC/North Forty Transportation LLC (dba"Hood Canal Marina") 22526 SE 64th Place,Suite 2 tO Issaquah,WA 98027 Subject:Hood Canal Marina,Mason County(Annas Bay Growing Area) Dear Mr.McGinnis, This is written in response to your request to clarify the conditional approval for shellfish harvest in the area adjacent to the Hood Canal Marina and to assist Mason County D-CD in fashioning their conditions to the building permit issued for Hood Canal Marina. 1. Hood Canal Marina is what is termed by the Dept.of Health as a"Conditionally Approved"shellfish growing area. 2. The nearby shellfish beds,which are operated by 2 licensees,are allowed to harvest shellfish from December I through April 30. 3. The tidelands located next to the Hood Canal Marina are closed for shellfish harvesting from May 1 through November 30. 4, The size of the prohibited area during the closed period is based on a marina of 30 boat slips with a pump-out facility.The current seasonally closed area extends from approximately 960 feet west of the Hood Canal Marina to the eastern edge of 4983 E. Hwy 106. an j,111001/cd 5. In order to keep its conditionally approved status,the Hood Canal Marina must maintain less than 10 watercra/Y(barge,houseboat,or boat)moored on the dock that can produce a discharge from marine toilet during the oyster harvesting season of December I through April 30. 6. While the marina is limited to less than 10 boats with capacity to discharge from all 0,5�►Ile,; marine toilet during the shellfish harvesting season,there is no seasonal restriction to operating the fuel dock. 4A, 10 Please contact me at(360)236-3321 if you have any questions. 130 46 kpel z Sincerely, -;lc4 Alh W"s '4's. 't Mark Toy 40" Office of Shellfish and Water Protection Cc: Ryan Crater,Mason County DCD Bob said that the Hood Canal Marina and the adjacent shellfish beds can coexist under the State's criteria. Here is the criteria he gave me yesterday: 1. Hood Canal Marina is what is termed by the Dept. of Environmental Health as a "Seasonal Marina". 2. The nearby shellfish beds, which are operated by two (2) licensees, have a conditional permit to harvest shellfish from December 1 through April 30. 3. The tidelands located next to the Hood Canal Marina are closed for shellfish harvesting from May 1 through November 30. 4. When the oyster harvesting season is closed, the Hood Canal Marina can moor boats in the same way it has always done. The marina presently accommodates approximately 30 boats of varying sizes. During the time frame of May 1 through November 30, there is no restriction on the number of boats with on-board heads moored at the Hood Canal Marina. 5. During the oyster harvesting season of December 1 through April 30, the Hood Canal Marina can have no more than 10 boats moored on the dock "with on-board heads". There is no limit to the number of boats "without on-board heads". 6. If the waters around the marina are contaminated by another party not associated with the marina and the shellfish beds need to be closed for harvest, the marina is not at fault. 7. While the marina is limited to 10 boats with on-board heads during the shellfish harvesting season (December 1 through April 30), there is no seasonal restriction to operating the fuel dock. Ryan Crater RE Hood Canal Marina 1 From: "Brian McGinnis" <bmcginnis@northfortylodging.com> To: "'Toy, Mark C (DOH)"' <Mark.Toy@DOH.WA.GOV> Date: 10/15/2007 3:04 pm Subject: RE: Hood Canal Marina CC: "'Woolrich, Bob (DOH)"' <Bob.Wool rich @DOH.WA.G... Mark: If portable toilets don't count as stated below, could you modify your draft letter as shown on the attachment? As you know, I am trying to better define"marine toilet". If a marine toilet is referred to as an "installed" marine toilet and portable toilets are not counted, my addition to your letter should work for the Dept. of Environmental Health. By"installed", I mean that the marina toilet is a fixture of the watercraft with a holding tank and therefore not a "portable" devise. If you can send me the revised letter, that would help us in our decision making for the dock float replacement. Please call me when you get a chance to discuss. Again, sorry to be a pest. Thanks, Brian Brian McGinnis -----Original Message----- From: Toy, Mark C (DOH) [mailto:Mark.Toy@DOH.WA.GOV] Sent: Tuesday, October 09, 2007 9:16 AM To: Brian McGinnis Cc: Woolrich, Bob (DOH); Ryan Crater Subject: RE: Hood Canal Marina Hi Brian - I searched for a more definitive definition of a 'marine toilet' but could find nothing in the regulations. So I just asked Bob -we would not count a porta-potty sitting on an open ski boat for the purposes of the 10 boat threshold for a closure zone at a marina. I faxed Ryan the FDA guidance on marinas on Friday. I've misplaced the fax and need to prepare for a presentation and then I'm off to a conference for the rest of the week, but I will re-fax to you as soon as I find it. -----Original Message----- From: Brian McGinnis [mailto:bmcginnis@northfortylodging.com] Sent: Monday, October 08, 2007 11:05 AM To: Toy, Mark C (DOH) Cc: Woolrich, Bob (DOH); 'Ryan Crater' Subject: RE: Hood Canal Marina Mark: Thank you for attending our meeting last Thursday at Mason County's offices to discuss the Hood Canal Marina. As you will recall,we spent most of our time discussing the new regulations being applied to the Hood Canal Marina � RE: Hood Canal Marina 2] ` ahouldwe decide toreplace the old dock floats with new dock floats. As you know, the key issue for usks what io meant by the^1U Boat" rule concerning o"marine toilet". A"marine toilet" should mean o toilet area in an enclosed area that has an built-in holding | tank. If it means a portable toilet sitting in o small ski boot. that is � way too restricting and very unfair bm our situation. After our meeting last Thursday, you were going tosend um information on the definition of"boat that produce discharge from a marine toilet". Please email \tmrfax itto the fax number below. We ob|| do not understand why the hearings examiner is requiring our � nnorino, which has no present limitations nn boats with marine toilets, to � adopt the"10 boat" policy by replacing the old dock floats (creosote piles, sb/rmfoonn floots, treated wood)with a new dock containing environmentally friendly materials (galvanized metal piles, polyethylene floats)and a sewer pumpoutvvith multiple connections. Before vva decide whether or not to appeal the hearings examiner's decision, vve need bo understand the definition discussed above. Thanks for your assistance. Brion Brian McGinnis North Forty Lodging LLC 22528 SE 64th Place Guite210 Issaquah,WA 98027 Tel: (425)360'9290 Fax: (426)369'9008 -----Original Message--- Fnnm: Toy, Mark C (OOH) [mai|to:MarkToy@DOH.VVA.QO\] Sent VVednesdoy, Ootober03. 2007 9:19AM To: Brion McGinnis Subject: RE: Hood Canal Marina Brion - |was going to bring an example of one marina's best management practices (bmp)tomorrow, and dye tablets were one cfthem. --'Origina| Message--' From: Brian McGinnis [moi|tn:bmcginnio@northforty|odging.com] Sent VVednaodoy, OctoberU3. 2007 0:14AK8 To: Toy, Mark C (DOH) Cc: VVoo|hch. Bob (DOH); 'Ryan Crater' Subject: RE: Hood Canal Marina Mark: | had another thought on the issue of keeping tract of the number ofboats with on-board heads. We can include in our marina rental agreement whether or not o tenant has on on-board heod, to make certain we stay under the threshold of 10 boats with on-board heads. We could also require all boats an C,-;ater- RE: Hood Canal Marina with heads moored at our marina to use dye tablets in their system,which would be provided by the marina. With dye tablets, it would help to better detect if an on-board head has a leak. I look forward to meeting with you tomorrow to discuss this item in more Thanko. Brian � -----Original Message--' Fnom: BhanK8cGinnio [mai|tu:bmnginnio@northfortylodging.00m] Sent: Tuesday, October O2. 2O075:47PM To: 'Toy. Mark C (OOH)'; 'Woo|rioh. Bob (OOH)' Cc: 'Woorich. Bob (DOH)' Subject: RE: Hood Canal Marina Hi Mark: Thank you for the response. |f you could bring a draft cf the letter bo Thursday's meeting, that would be very helpful. | think vva need bndiscuss your proposed modification to point No. 5. Before vve rent o slip tosomeone during thatUmofrnnne of December 1 through April 30.we could certainly do the visible inspection to make sure they do not have ohead. Once we have the final letter,we would then meet with the hearing examiner, along with Ryon Crater. See you Thursday. Brian -----Original Message----- From: Toy, Mark (DOH) [moi|to:K8orkToy@DOH.VVA.GO\] Sent: Monday, October 01. 20074:58PM To: VVoo|rinh. Bob (ODH); bmcginnio@northfortylodging.com Subject: RE: Hood Canal Marina OaarBrian - � |aitOKto bring you o letter nnThursday? Bob and | discussed your � summary below and it looks fine except for one minor clarification. On point#5. the boats need only appear bube capable of having on-board heads for our purposes of calculating the threshold (we can't be expected 0ogo inspecting the insides of boats to do this). P|aaoa let ma know if there's anything else you want ma to bring to the meeting. -----Original Message--' � From: VVoo/hch. Bob (DOH) � Sent: Sunday, September 30. 2U0711:44AM To: Toy, Mark C (DOH) Subject: FVV: Hood Canal Marina K8ork. Ryan Crater RE Hood Canal Marina 4 I think I showed you this e-mail although I don't have any record of forwarding it to you. If so, have you drafted a response? If not, please do so and send a copy to me. Thanks Bob Woolrich Manager of Growing Area Section Office of Shellfish and Water Protection Washington State Dept. of Health P.O. Box 47824 Olympia, WA 98504-7824 (360)236-3329 bob.woolrich@doh.wa.gov Public Health -Always working for a safer and healthier Washington. -----Original Message----- From: Brian McGinnis [mailto:bmcginnis@northfortylodging.com] Sent: Thursday, September 27, 2007 2:28 PM To: Woolrich, Bob (DOH) Subject: Hood Canal Marina Dear Bob: Thank you very much for speaking with me this morning concerning our dock float replacement permit. Before our conversation, it appeared that we were in a real pickle. Without the ability to replace the old dock floats, the marina's floating docks would continue deteriorating until they would cease to exist. After our discussion, it appears that our small seasonal marina can successfully co-exist with the adjacent shellfish growers. Per the Mason County hearings examiner, our dock float replacement permit is predicated on the principal that we can not operate the marina in a way that would cause closure of the nearby permitted shellfish beds. The hearings examiner asked our county planner to help develop a simple operating plan for the marina that would allow the shellfish beds to remain open seasonally. To make sure I understood our conversation this morning, let me restate the key points: 1. Hood Canal Marina is what is termed by the Dept. of Health as a "Seasonal Marina". 2. The nearby shellfish beds, which are operated by 2 licensees, have a conditional permit to harvest shellfish from December 1 through April 30. 3. The tidelands located next to the Hood Canal Marina are closed for shellfish harvesting from May 1 through November 30, 4. When the oyster harvesting season is closed, the Hood Canal Marina can moor boats in the same way it has always done. The marina presently accommodates approximately 30 boats of varying sizes. During the time frame of May 1 through November 30, there is no restriction on the number of boats with on-board heads moored at the Hood Canal Marina. 5. During the oyster harvesting season of December 1 through April 30, the Hood Canal Marina can have no more than 10 boats moored on the dock that have on-board heads. Ryan Crater- RE: Hood Canal Marina 51 6. If the waters around the marina are contaminated by another party not associated with the marina and the shellfish beds need to be closed for harvest, the marina is not at fault. 7. While the marina is limited to 10 boats with on-board heads during the shellfish harvesting season (December 1 through April 30), there is no seasonal restriction to operating the fuel dock. It is our goal to become a "green marina"according to the Northwest Marine Trade Association's program. If what I have said above is correct, it would be very helpful to receive a simple letter from Department of Health outlining the above conditions. That way, our Mason County planner(Ryan Crater)can simply mandate that our marina is to abide by the regulations of the Department of Health to meet the terms of the dock float replacement permit. I will be meeting next Thursday with Mark Toy and Ryan Crater(Mason County Planner)to discuss this and hopefully formalize a plan. If you could discuss this (and the possibility of a letter)with Mark Toy in the meantime, that would be very helpful, indeed. If you have any questions or concerns, I can be reached at(425) 890-5005 (mobile). Thanks again for your assistance. Brian Brian McGinnis President North Forty Lodging LLC/ North Forty Transportation LLC dba"Hood Canal Marina" 22526 SE 64th Place, Suite 210 Issaquah, WA 98027 Tel: (425)369-9290 Fax: (425)369-9008 r---- �� W: Hood Canal Marina ^ ` --Dhinal Message----- From: Brian McGinnis [nai|bo:bmcg inn io@nodhfortylndgin0.nom] Sent: Wednesday, October U3. 2UU7014AM To: Toy, Mark C (DOH) Co VVoorich. Bob (]DH); 'RyonCrater' Subject: RE: Hood Canal Marina Mark: | had another thought on the issue of keeping tract of the number ofboats with on-board heads. VVe can include in our marina rental agreement whether or not o tenant has on on-board head, to make certain we stay under the threshold of10 boats with on-board heads. VVa could also require all boats with heads mooned at our marina to use dye tablets in their system, which would ba provided by the marina. With dye tablets, it would help tobetter detect ifon on-board head has oleak. | look forward to meeting with you tomorrow to discuss this item inmore detail. Thanks, Brian -----Original Message----- From: Brian McGinnis [mai}bo:bmcginnia@northfortylodging.00m] Sent: Tuesday, October 02. 20075:47PK8 To: 'Toy. Mark C (DOH)'; 'Woo|hch. Bob /DOHY Cn: 'Woo|hch. Bob (OOH)' Subject: RE: Hood Canal Morino Hi Mark: Thank you for the response. If you could bring a draft of the letter to Thursday's meeting, that would be very helpful. | think we need bodiscuss your proposed modification ho point No. 5. Before we rent a slip bnsomeone during that dmefnameof December 1 through April 30.vva could certainly do the visible inspection to make sure they do not have ohead. Once we have the final letter, we would then meet with the hearing examiner, along with Ryan Crater. See you Thursday. Brian -----Original Message--- Fnom: Toy, Mark C (OOH) [moi|bu:yWorkToy@DOH.VVA.<SO\] Sent: Monday, October 01. 20074:58PyW To: VVoo|rich. Bob (O{}H); bmoginnis@northfortylodging.00m Subject: RE: Hood Canal Marina Dear Brian ' |oitOKho bring you o letter onThursday? Bob and | discussed your � summary below and it looks fine except for one minor clarification. On � point#G. the boats need only appear bobm capable nf having on-board heads � for our purposes cf calculating the threshold (we can't be expected togo � | � ' ------------- L, Ry�n crater- FW: Hood Canal Marina 5 inspecting the insides of boats bmdothiu). Please let me know if there's anything else you want me to bring to the meeting. -----Original Message--' Fvom: VVoo|rioh. 8ob (OOH) Sent: Sunday, September 30. 200711:44AM To: Toy. Mark (DOH) Subject: FVV: Hood Canal Marina Mork. � | think | showed you this a'moi| although | don't have any record of forwarding itboyou. |f so, have you drafted aresponse? |f not, please doso and send a copy hu me. Thanks BobVVoo|rioh Manager of Growing Area Section Office of Shellfish and Water Protection Washington Sbsb* Dept. of Health P.O. Box 47824 Olympia, VVAQ85O4'7824 (360)236'3320 bob.woo|rich@doh.vvm.gov Public Health 'Always working for safer and healthier Washington. -----Original Message----- From: Brian McGinnis [mailto:bmcginnis@northfortylodging.com] Sent: Thursday, September 27. 2UU72:28PM To: VVno(riuh. Bob (DOH) Subject: Hood Canal Marina Dear Bob: Thank you very much for speaking with me this morning concerning our dock float replacement permit. Before our conversation, {t appeared that wewere in a real pickle. Without the ability to replace the old dock floats, the � marina's floating docks would continue deteriorating until they would cease � to exist. After our discussion, it appears that our small seasonal marina can successfully co-exist with the adjacent shellfish growers. Per the Mason County hearings examiner, our dock float replacement permit is predicated on the principal that we can not operate the marina in a way that would cause closure of the nearby permitted shellfish beds. The hearings examiner asked our county planner bn help develop o simple operating plan for the marina that would allow the shellfish beds to remain open seasonally. To make sure I understood our conversation this morning, let me restate the key points: 1. Hood Canal Marina io what io termed by the Dept. of Health aoa Ryan Crater FW Hood Canal Marina 6 "Seasonal Marina". 2. The nearby shellfish beds, which are operated by 2 licensees, have a conditional permit to harvest shellfish from December 1 through April 30. 3. The tidelands located next to the Hood Canal Marina are closed for shellfish harvesting from May 1 through November 30. 4. When the oyster harvesting season is closed, the Hood Canal Marina can moor boats in the same way it has always done. The marina presently accommodates approximately 30 boats of varying sizes. During the time frame of May 1 through November 30, there is no restriction on the number of boats with on-board heads moored at the Hood Canal Marina. 5. During the oyster harvesting season of December 1 through April 30, the Hood Canal Marina can have no more than 10 boats moored on the dock that have on-board heads. 6. If the waters around the marina are contaminated by another party not associated with the marina and the shellfish beds need to be closed for harvest, the marina is not at fault. 7. While the marina is limited to 10 boats with on-board heads during the shellfish harvesting season (December 1 through April 30), there is no seasonal restriction to operating the fuel dock. It is our goal to become a "green marina"according to the Northwest Marine Trade Association's program. If what I have said above is correct, it would be very helpful to receive a simple letter from Department of Health outlining the above conditions. That way, our Mason County planner(Ryan Crater)can simply mandate that our marina is to abide by the regulations of the Department of Health to meet the terms of the dock float replacement permit. I will be meeting next Thursday with Mark Toy and Ryan Crater(Mason County Planner)to discuss this and hopefully formalize a plan. If you could discuss this (and the possibility of a letter)with Mark Toy in the meantime, that would be very helpful, indeed. If you have any questions or concerns, I can be reached at(425) 890-5005 (mobile). Thanks again for your assistance. Brian Brian McGinnis President North Forty Lodging LLC/North Forty Transportation LLC dba "Hood Canal Marina" 22526 SE 64th Place, Suite 210 Issaquah, WA 98027 Tel: (425)369-9290 Fax: (425)369-9008 Ryan Crater- FW Hood Canal Manna 3 -----Original Message----- From: Brian McGinnis [mailto:bmcginnis@northfortylodging.com] Sent: Monday, October 08, 2007 11:05 AM To: Toy, Mark C (DOH) Cc: Woolrich, Bob (DOH); 'Ryan Crater' Subject: RE: Hood Canal Marina Mark: Thank you for attending our meeting last Thursday at Mason County's offices to discuss the Hood Canal Marina. As you will recall, we spent most of our time discussing the new regulations being applied to the Hood Canal Marina should we decide to replace the old dock floats with new dock floats. As you know, the key issue for us is what is meant by the"10 Boat" rule concerning a"marine toilet". A"marine toilet" should mean a toilet area in an enclosed area that has an built-in holding tank. If it means a portable toilet sitting in a small ski boat, that is way too restricting and very unfair to our situation. After our meeting last Thursday, you were going to send us information on the definition of"boat that produce discharge from a marine toilet". Please email it or fax it to the fax number below. We still do not understand why the hearings examiner is requiring our marina, which has no present limitations on boats with marine toilets, to adopt the"10 boat" policy by replacing the old dock floats (creosote piles, styrofoam floats, treated wood)with a new dock containing environmentally friendly materials (galvanized metal piles, polyethylene floats)and a sewer pumpout with multiple connections. Before we decide whether or not to appeal the hearings examiner's decision, we need to understand the definition discussed above. Thanks for your assistance. Brian Brian McGinnis North Forty Lodging LLC 22526 SE 64th Place Suite 210 Issaquah, WA 98027 Tel: (425)369-9290 Fax: (425) 369-9008 -----Original Message----- From: Toy, Mark C (DOH) [mailto:Mark.Toy@DOH.WA.GOV] Sent: Wednesday, October 03, 2007 9:19 AM To: Brian McGinnis Subject: RE: Hood Canal Marina Brian - I was going to bring an example of one marina's best management practices (bmp)tomorrow, and dye tablets were one of them. Ryan Crater FW Hood Canal Manna From: "Brian McGinnis" <bmcginnis@northfortylodging.com> To: "'Ryan Crater"' <RyanC@co.mason.wa.us> Date: 10/12/2007 5:02 pm Subject: FW: Hood Canal Marina FYI. Brian (Unlike Mason County, these Dept. of Health guys are not very helpful!!!) From: Brian McGinnis [mailto:bmcginnis@northfortylodging.com] Sent: Friday, October 12, 2007 4:25 PM To: 'Toy, Mark C (DOH)'; 'Woolrich, Bob (DOH)' Subject: RE: Hood Canal Marina Mark and Bob: While awaiting your reply concerning the definition of"marine toilet" below, I looked at letter from Frank Merriweather with the Dept. of Health dated April 19, 2006 regarding the reclassification of the shellfish growing area in front of Alderbrook Resort. Now the dock in front of Alderbrook is significantly larger than the dock at the Hood Canal Marina. I also spoke with the licensed shellfish harvester that harvests shellfish off of our beach. Nothing in his permit mentions the"10 boats with marine toilets". (See the Attached Letter from Dept. of Health) Because of the Hood Canal Marina's location, are there different rules for these shellfish beds? Or is the"10 boats with marine toilets"a new guideline since Alderbrook's beaches were licensed for harvesting in 2006? Sorry to be a pest but we work very hard to make sure we stay in permit. just want to understand this and the definition of a"marine head". Thanks, Brian McGinnis North Forty Forty Lodging LLC 22526 SE 64th Place, Suite 210 Issaquah, WA 98027 Tel: (425)369-9290 Fax: (425)369-9008 From: Brian McGinnis [mailto:bmcginnis@northfortylodging.com] Sent: Wednesday, October 10, 2007 3:56 PM To: 'Toy, Mark C (DOH)'; 'Woolrich, Bob (DOH)' Subject: RE: Hood Canal Marina �—�-—-- Ryan Crater FVV: Hood Canal Marina 2 _ , Mark and Bob: | am copying Bob VVoo|hch since Mark Toy is out of the office for the rest cf the week. Again, our issue remains the definition of the "marine hoi|et' Ryan Crater, with Mason County Planning, faxed over the FDA guidance on marinas this morning. From this FDA document provided by Mark Toy, the best definition | can see for u "marine toilet" is as follows: "Because every discharge from a marine toilet has the potential to transmit pathogens, | every watercraft, (bargo. houseboat or boat) public ur private, that can | produce a discharge from a marine toilet shall be considered when using this guideline to evaluate shellfish growing waters". For our purposes, can we assume that"marine toi|ot^ means amarine sanitation device ([WSD) type |. || and |||, per the attached document, which | io well de|iniatedby the U.S. Coast Guard? The U3. Coast Guard appears to i bo one of few agencies who define all types of"marine toi|ets^ Since portable devises don't count, this should work. Agreed? Sorry toboo paint in the "you know what" but wa are making ahuge investment and need to know the specific requirements that the Dept. of Health will beenforcing. |fwm can agree on this, we will provide Mason � County with our operating plan and best management practices per our permit. Thanks again for helping me with this matter. Brian � Brian McGinnis President North Forty Lodging LLC 22528SE04thPlace Suiho210 Issaquah, WA 08027 Tel: (425) 300-0200 � Fax: (425) 38Q'Q008 -----Original Message--- From: Toy, Mark C (DOH) [mei|to:K8erk.Toy@DDH.VVA.GO\] Sent: Tuesday, October 0Q. 28U7Q1GAM To: Brian McGinnis Co: VVoo|rioh. Bob (DOH); Ryan Crater Subject: RE: Hood Canal Marina Hi Brian | searched for a more definitive definition ofa 'marine toilet' but could find nothing in the regulations. So |just asked Bob � 'we would not count apoda'potty sitting onan open ski boat for the purposes ot the 10 boat threshold for a closure zone utamarina. | faxed Ryan the FDA guidance on marinas onFriday. I've misplaced the fax and need to prepare for u presentation and then I'm off toa conference for the rest nf the week, but | will re-fax to you ao soon au | find it. Ryan Crater- FW. Hood Canal Marina 4 See you Thursday. Brian -----Original Message----- From: Toy, Mark C (DOH) [mailto:Mark.Toy@DOH.WA.GOV] Sent: Monday, October 01, 2007 4:58 PM To: Woolrich, Bob (DOH); bmcginnis@northfortylodging.com Subject: RE: Hood Canal Marina Dear Brian - Is it OK to bring you a letter on Thursday? Bob and I discussed your summary below and it looks fine except for one minor clarification. On point#5, the boats need only appear to be capable of having on-board heads for our purposes of calculating the threshold (we can't be expected to go inspecting the insides of boats to do this). Please let me know if there's anything else you want me to bring to the meeting. -----Original Message----- From: Woolrich, Bob (DOH) Sent: Sunday, September 30, 2007 11:44 AM To: Toy, Mark C (DOH) Subject: FW: Hood Canal Marina Mark, I think I showed you this e-mail although I don't have any record of forwarding it to you. If so, have you drafted a response? If not, please do so and send a copy to me. Thanks Bob Woolrich Manager of Growing Area Section Office of Shellfish and Water Protection Washington State Dept. of Health P.O. Box 47824 Olympia, WA 98504-7824 (360)236-3329 bob.woolrich@doh.wa.gov Public Health -Always working for a safer and healthier Washington. -----Original Message----- From: Brian McGinnis [mailto:bmcginnis@northfortylodging.com] Sent: Thursday, September 27, 2007 2:28 PM To: Woolrich, Bob (DOH) Subject: Hood Canal Marina Dear Bob: Thank you very much for speaking with me this morning concerning our dock -- -- --- -- - — _.......... Ryan Crater- FW. Hood Canal Marina 5 float replacement permit. Before our conversation, it appeared that we were in a real pickle. Without the ability to replace the old dock floats, the marina's floating docks would continue deteriorating until they would cease to exist. After our discussion, it appears that our small seasonal marina can successfully co-exist with the adjacent shellfish growers. Per the Mason County hearings examiner, our dock float replacement permit is predicated on the principal that we can not operate the marina in a way that would cause closure of the nearby permitted shellfish beds. The hearings examiner asked our county planner to help develop a simple operating plan for the marina that would allow the shellfish beds to remain open seasonally. To make sure I understood our conversation this morning, let me restate the key points: 1. Hood Canal Marina is what is termed by the Dept. of Health as a "Seasonal Marina". 2. The nearby shellfish beds,which are operated by 2 licensees, have a conditional permit to harvest shellfish from December 1 through April 30. 3. The tidelands located next to the Hood Canal Marina are closed for shellfish harvesting from May 1 through November 30. 4. When the oyster harvesting season is closed, the Hood Canal Marina can moor boats in the same way it has always done. The marina presently accommodates approximately 30 boats of varying sizes. During the time frame of May 1 through November 30, there is no restriction on the number of boats with on-board heads moored at the Hood Canal Marina. 5. During the oyster harvesting season of December 1 through April 30, the Hood Canal Marina can have no more than 10 boats moored on the dock that have on-board heads. 6. If the waters around the marina are contaminated by another party not associated with the marina and the shellfish beds need to be closed for harvest, the marina is not at fault. 7. While the marina is limited to 10 boats with on-board heads during the shellfish harvesting season (December 1 through April 30), there is no seasonal restriction to operating the fuel dock. It is our goal to become a"green marina"according to the Northwest Marine Trade Association's program. If what I have said above is correct, it would be very helpful to receive a simple letter from Department of Health outlining the above conditions. That way, our Mason County planner(Ryan Crater)can simply mandate that our marina is to abide by the regulations of the Department of Health to meet the terms of the dock float replacement permit. I will be meeting next Thursday with Mark Toy and Ryan Crater(Mason County Planner)to discuss this and hopefully formalize a plan. If you could discuss this (and the possibility of a letter)with Mark Toy in the meantime, that would be very helpful, indeed. If you have any questions or concerns, I can be reached at(425) 890-5005 (mobile). Thanks again for your assistance. Brian Ryan Crater- FW: Hood Canal Marina 6 Brian McGinnis President North Forty Lodging LLC/ North Forty Transportation LLC dba "Hood Canal Marina" 22526 SE 64th Place, Suite 210 Issaquah, WA 98027 Tel: (425) 369-9290 Fax: (425) 369-9008 Ryan Crater- FW: Hood Canal Marina J l Suite 210 Issaquah, WA 98027 Tel: (425)369-9290 Fax: (425)369-9008 -----Original Message----- From: Toy, Mark C (DOH) [mailto:Mark.Toy@DOH.WA.GOV] Sent: Wednesday, October 03, 2007 9:19 AM To: Brian McGinnis Subject: RE: Hood Canal Marina Brian - I was going to bring an example of one marina's best management practices (bmp)tomorrow, and dye tablets were one of them. -----Original Message----- From: Brian McGinnis [mailto:bmcginnis@northfortylodging.com] Sent: Wednesday, October 03, 2007 9:14 AM To: Toy, Mark C (DOH) Cc:Woolrich, Bob (DOH); 'Ryan Crater' Subject: RE: Hood Canal Marina Mark: I had another thought on the issue of keeping tract of the number of boats with on-board heads. We can include in our marina rental agreement whether or not a tenant has an on-board head, to make certain we stay under the threshold of 10 boats with on-board heads. We could also require all boats with heads moored at our marina to use dye tablets in their system,which would be provided by the marina. With dye tablets, it would help to better detect if an on-board head has a leak. I look forward to meeting with you tomorrow to discuss this item in more detail. Thanks, Brian -----Original Message----- From: Brian McGinnis [mailto:bmcginnis@northfortylodging.com] Sent: Tuesday, October 02, 2007 5:47 PM To: 'Toy, Mark C (DOH); 'Wool rich, Bob (DOH)' Cc: 'Woolrich, Bob (DOH)' Subject: RE: Hood Canal Marina Hi Mark: Thank you for the response. If you could bring a draft of the letter to Thursday's meeting, that would be very helpful. I think we need to discuss your proposed modification to point No. 5. Before we rent a slip to someone during that timeframe of December 1 through April 30, we could certainly do the visible inspection to make sure they do not have a head. Once we have the final letter, we would then meet with the hearing examiner, along with Ryan Crater. Ryan Crater FW: Hood Canal Marina 2 -----Original Message----- From: Toy, Mark C (DOH) [mailto:Mark.Toy@DOH.WA.GOV] Sent: Tuesday, October 09, 2007 9:16 AM To: Brian McGinnis Cc: Woolrich, Bob (DOH); Ryan Crater Subject: RE: Hood Canal Marina Hi Brian - I searched for a more definitive definition of a 'marine toilet' but could find nothing in the regulations. So I just asked Bob -we would not count a porta-potty sitting on an open ski boat for the purposes of the 10 boat threshold for a closure zone at a marina. faxed Ryan the FDA guidance on marinas on Friday. I've misplaced the fax and need to prepare for a presentation and then I'm off to a conference for the rest of the week, but I will re-fax to you as soon as I find it. -----Original Message----- From: Brian McGinnis [mailto:bmcginnis@northfortylodging.com] Sent: Monday, October 08, 2007 11:05 AM To: Toy, Mark C (DOH) Cc: Woolrich, Bob (DOH); 'Ryan Crater' Subject: RE: Hood Canal Marina Mark: Thank you for attending our meeting last Thursday at Mason County's offices to discuss the Hood Canal Marina. As you will recall, we spent most of our time discussing the new regulations being applied to the Hood Canal Marina should we decide to replace the old dock floats with new dock floats. As you know, the key issue for us is what is meant by the"10 Boat" rule concerning a"marine toilet". A"marine toilet" should mean a toilet area in an enclosed area that has an built-in holding tank. If it means a portable toilet sitting in a small ski boat, that is way too restricting and very unfair to our situation. After our meeting last Thursday, you were going to send us information on the definition of"boat that produce discharge from a marine toilet". Please email it or fax it to the fax number below. We still do not understand why the hearings examiner is requiring our marina,which has no present limitations on boats with marine toilets, to adopt the"10 boat" policy by replacing the old dock floats (creosote piles, styrofoam floats, treated wood)with a new dock containing environmentally friendly materials (galvanized metal piles, polyethylene floats)and a sewer pumpout with multiple connections. Before we decide whether or not to appeal the hearings examiner's decision, we need to understand the definition discussed above. Thanks for your assistance. Brian Brian McGinnis North Forty Lodging LLC 22526 SE 64th Place Ryan Crater- FW: Hood Canal Marina 1 From: "Brian McGinnis" <bmcginnis,"northfortylodging.com> To: "'Ryan Crater"' <RyanC@co.mason.wa.us> Date: 10/12/2007 4:27 pm Subject: FW: Hood Canal Marina FYI, Brian From: Brian McGinnis [mailto:bmcginnis@northfortylodging.com] Sent: Wednesday, October 10, 2007 3:56 PM To: 'Toy, Mark C (DOH); 'Wool rich, Bob (DOH)' Subject: RE: Hood Canal Marina Mark and Bob: I am copying Bob Woolrich since Mark Toy is out of the office for the rest of the week. Again, our issue remains the definition of the"marine toilet". Ryan Crater, with Mason Count Planning, faxed over the FDA guidance on Y � Y 9. marinas this morning. From this FDA document provided by Mark Toy, the best definition I can see for a"marine toilet" is as follows: "Because every discharge from a marine toilet has the potential to transmit pathogens, every watercraft, (barge, houseboat or boat) public or private, that can produce a discharge from a marine toilet shall be considered when using this guideline to evaluate shellfish growing waters". For our purposes, can we assume that"marine toilet" means a marine sanitation device (MSD)type I, II and III, per the attached document,which is well deliniated by the U.S. Coast Guard? The U.S. Coast Guard appears to be one of few agencies who define all types of"marine toilets". Since portable devises don't count, this should work. Agreed? Sorry to be a paint in the"you know what" but we are making a huge investment and need to know the specific requirements that the Dept. of Health will be enforcing. If we can agree on this, we will provide Mason County with our operating plan and best management practices per our permit. Thanks again for helping me with this matter. Brian Brian McGinnis President North Forty Lodging LLC 22526 SE 64th Place Suite 210 Issaquah,WA 98027 Tel: (425)369-9290 Fax: (425)369-9008 Equipment Legal? Restrictions and Comments on Boat Note: Some states have additional restrictions. For example, in Florida, houseboats may only have a Type III MSD or a permanent sewer line to shore. Check on your state's laws. ** Must be USCG certified North Forty Lodging LLC 1 22526 S.E.64th Place,Suite 210 Issaquah,Washington 98027 Telephone:425 369 9290 Facsimile:425 369 9008 NORTH i,111FORTY December 1, 2006 Kell McAboy Planner Mason County Community Development Mason County Building III 426 W. Cedar P.O. Box 186 Shelton, WA 98584 Re: Hood Canal Marina Dear Kell: Thanks for your information concerning the permits required to install and offer fuel at the Hood Canal Marina. As we go through the process,we have some questions related to submittal of the Shoreline Substantial Development Permit and Application for Special Use. In the pre-application meeting, we were told that we needed to meet certain conditions to obtain the Shoreline Substantial Development Permit and Application for Special Use. These conditions are listed below: 1. Design and location of the pad for the fuel storage tank as well as the location of the pumps and fuel lines 2. Inspection and modification of the existing septic tanks and drain fields o Determination of the future flows into the septic system 3. Design and permit of a sewer pump-out on the dock and location of storage tank facility 4. Upgrade of the fire-life safety systems on the upland property and dock 5. Upgrade of storm water management systems 6. Access Connection permit with WSDOT 7. Geotechnical Report for Landslide Hazards 8. Spill Prevention, Control and Countermeasure Plan 9. Coast Guard Approval 10. Army Corp of Engineers Approval 11. Department of Natural Resources Approval t Letter to Mason County Community Development Page 2 Each of these activities is underway. What we need to know is whether the above items are required before shoreline and special use permit submittal or are they required to be approved before we pull the building_permit. Many of these items can be done concurrently. However, they take time. The time to satisfy the above conditions on top of the time required to obtain the Shoreline Substantial Development Permit and Application for Special Use Permit will put these permit approvals way out into the future. What we would like to do is submit the application for the Shoreline Substantial Development Permit and Application for Special Use Permit,while we are satisfying the above conditions. Let me give you an update on the activities underway to satisfy the above conditions: 1. Design and location of the concrete pad for the fuel storage tank as well as the design and location of the pumps and fuel lines. SME Corporation in Tacoma will be the supplier of the fuel storage tank, pumps and fuel lines. They will also be the contractor who will install the fuel storage tank, pumps, and fuel lines. They will also engineer the entire fueling system. What level of design and specifications will Mason County need for these permits? 2. Inspection and permit for the existing septic tanks and drain fields. Bill Russell of Highland Excavation will be doing the inspection and modification of the existing septic tanks and drain fields. He will also assist in the determination of the future flows into the septic tank and drain field system. Bill will help us get the appropriate permits from the Mason County Department of Health Services. 3. Design and permit of a sewer pump-out on the dock and location of storage tank facility. We will be using KECO Pump and Equipment to supply the pumps and equipment for the Pump-A-Head on the dock and the sewer storage tank. SME Corporation from Tacoma would install the equipment. Would the permit for the sewer pump-out be submitted to the Mason County Department of Health Services? 4. Upgrade of the fire-life safety ystems on the upland property and dock. Knight Fire Protection from Olympia will supply and install the standpipe on the upland property as well as the standpipes on the dock. Knight Fire Protection has met at the marina with Rich Heinrich, Chief of Mason County Fire District #6, to understand all of the fire district's requirements. Knight Fire Protection will put together a design along with a list of specifications. Should the design and specification for this upgrade be submitted to the County Fire Chief after the Shoreline Substantial Development Permit and Application for Special Use Permit is submitted? What would be the timing of the information from Knight Fire? 5. Upgrade of storm water management systems. Our civil engineering company, HDR Engineering in Olympia, spoke to John Sliva concerning the upgrade of the storm water -� systems on the property. Because our fuel installation plan actually decreases the amount CK of impervious structures on the marina site, Mr. Sliva waived the requirement for upgrading the storm water systems. I sent a letter to Mr. Sliva requesting this in writing. Will a letter from John Sliva be required to waive this requirement? 6. Access connection permit with WSDOT. Alana Hess at WSDOT has provided me with an application for Access Connection permit. HDR Engineering, who designed the Letter to Mason County Community Development Page 3 highway realignment around Alderbrook Resort & Spas for us, will be developing the necessary turning radius calculations needed for this application. Can this permit application and approval from WSDOT be a condition to obtaining the permit? 7. Geotechnical Report for Landslide Hazards. Kleinfelder, who also completed our Phase 1 environment assessment of the marina property, spoke to John Sliva to confirm what will be required in this geotech report. We have obtained permission from the adjacent landowner to complete the soils test. The land owner's only requirement was to get a copy of the geotech report. The soils test will occur next week. Can this permit application and approval by Public Works be a condition to obtaining the permit and submitted to the Mason County Fire Chief after the Shoreline Substantial Development Permit and Application for Special Use Permit? pP p 8. Spill Prevention, Control and Countermeasure Plan. The spill plan, which is required to be on-site by the Department of Ecology, will be jointly completed by us and SME Corporation. Does this plan need to be submitted to Mason County? If so, can it be submitted separate from the Shoreline Substantial Development Permit and Application for Special Use Permit submittal? 9. Coast Guard. I have spoken to the Coast Guard and they will not require any permit approval for installation of the fuel pumps and tanks. Do you need anything in writing from the Coast Guard? 10. U.S. Army Corp of Engineers. We have repeatedly tried to contact the U.S. Army Corp of Engineers-Seattle District but they have not returned any of our correspondence. We s� will keep trying. Since the U.S. Army Corp of Engineers waived the right to comment on the barge removal next to the floating dock (a separate permit), they will most likely decline to comment on this. We are going to try another avenue into the Corp and see if that works. Do you need anything in writing from the U.S. Army Corp of Engineers? 11. Department of Natural Resources. Our DNR contact is Courtney Wasson who will amend the tidelands lease as soon as she receives Mason County's approval of the Shoreline Substantial Development Permit and Application for Special Use Permit. Is Mason County concerned with our amendment of the DNR tidelands lease? I will be out at the Union Marina on Monday and Alderbrook on Wednesday if you can carve out some time to go through the permit application process with me. If you have some time on those days, I can drive up from Union to meet at your offices. Thanks for your assistance. Very truly yours, Brian P. McGinnis President North Forty Lodging LLC 22526 S.E.64th Place,Suite 210 Issaquah,Washington 98027 Telephone:425 369 9290 Facsimile:425 369 9008 NORTH FORTY November 10, 2006 John Silva Programs Engineer Mason County Public Works Courthouse Building 415 N. 6th St. P.O. Box 1850 Shelton, WA 98584 Re: Storm Water Management at the Hood Canal Marina Dear John: You spoke this week with our storm water consultant concerning the requirements that would trigger an upgrade the storm water treatment at the Hood Canal Marina in Union. As we discussed at our pre-application conference,our plan is to put fuel back at this marina. The scope of this work will include removing the 1,400 (+/-) square foot mobile home and installing a 6,000 gallon double-walled aboveground fuel storage tank. This fuel storage tank will be located outside of the required shoreline setbacks at the back of the property along the fence line. The attached map shows the approximate location of the fuel storage tank and the concrete pad. The fuel storage tank will sit on top of a concrete slab that will be approximately 500 square feet. That would provide a 4 foot walkway around the fuel storage tank. There will also be a fence surrounding the fuel tank and concrete pad. Keeping the fuel tank 50 feet from the bulkhead(which is the shoreline setback requirement)will assist in reducing water quality concerns. The removal of the 1,400 (+/-) square feet mobile home and the installation of a 500(+/-) square foot concrete pad actually will actually reduce the amount of impervious area on the waterfront site by approximately 900 (+/-) square feet. The 1992 Technical Manual, in Section 2.42-Redevelopment, it indicates that if we are not ridding more than 5,000 square feet :, _j.;z:viouz. atcu, our modificatii.;n zl the site does not trigger the requirement for upgrading the property's storm drainage system. According to the 2006 Department of Ecology Resource Manual for Pollution Prevention in Marinas, a"Fuel Spill Response Plan"will be prepared, and submitted to Ecology for review as a part of the Fuel Tank Approval process. Existing surface and storm water runoff will be addressed under SEPA. Letter Re: Storm Water Management Page 2 We would ask for concurrency on this issue from your office, confirming that we will not need to upgrade the marina's storm drainage system given the limited scope of work planned to the site. If you need any additional information or have any question, please do not hesitate to contact me at (425) 369-9290. Very truly yours, Brian P. McGinnis President (12/12/2006) Kell McAboy-Storm water Page 1 From: "Brian McGinnis" <brian@pinnaclerealestate.us> To: "'Kell McAboy"' <KellM@co.mason.wa.us> Date: 12/11/2006 3:14 PM Subject: Storm water CC: <bobf@co.mason.wa.us>, "'kimberly schaumburg"'<kim berly035@centurytel.net> Kell: Thanks for meeting with me last Wednesday to review the permitting process for adding fuel back to the Hood Canal Marina. I have spoken with our civil engineer concerning the storm water issue at the Hood Canal Marina. As you already know, we are removing 1,440 square feet of impervious (mobile home) and only adding 449 square feet of impervious (4 feet around the proposed fuel tank). The Shoreline Master Plan certainly offers guidance...but nothing specific under the standard that we need to meet in order to demonstrate that "surface runoff does not pollute adjacent waters or cause soil or beach erosion. Design shall provide for storm water retention." Typically, jurisdictions point to their own storm water standards in effect. And in this case, it is the Technical Manual. The Technical Manual would exempt the planned improvements (e.g. installation of the fuel pad); provided there is no other planned impervious improvements (e.g. paving, regrading, etc.)from both water quality treatment and retention. This in essence implies that any surface water increase would be considered extremely minor in nature, and the retention is provided on the existing ground surface and is sufficient. By virtue of the exemption, a Drainage Report and Storm water Site Plan would not be required under the County's Storm water Standards. The requirement for such a report and plan would not be consistent with the citation of the Shoreline Master Program offered either since there is no specific requirement for preparation and submission of them. We are in essence meeting the standards by the exemption. The intent of the Shoreline Master Program is to protect water quality. This would satisfied by the source control Best Management Practices(BMPs), which are outlined in the required operation and maintenance plan prepared in connection with Mason County's fuel tank approval. These source BMPs would be most effective in this case, and will be discussed in the SEPA document under storm and surface water. We would offer to Mason County to design something into the landscaping along the bulkhead as a mitigating factor as well under this section as a protective measure for both water quality and flow. However, the reality is that the marina has a very large gravel parking lot. We are going to be reducing the amount of gravel by placing landscaping along the bulkhead as well as over the existing septic drain field. This by itself would help mitigate the amount of surface water sheeting off of the property during a major storm event. Let me know if this meets with your approval. Thanks, Brian (1/29/2007) Kell McAboy- RE: MARINA IN UNION Page 1 s From: "Zabel, Kim (DOH)" <Kim.Zabel@doh.wa.gov> To: "Kell McAboy" <KellM@co.mason.wa.us> Date: 1/29/2007 11:23 AM Subject: RE: MARINA IN UNION Hi Kell, We rec'd the packet of info. you sent regarding the Union Marina, thank you. We were happy to see that it did not include an expansion of the Marina its self. Any expansion would have an impact on public health and would change the size of the seasonal(May-end of Nov.)closure zone around the Marina currently, and close a portion of approved commercial shellfish growing area. Our office is curious about the change in use as it relates to the on-site septic system (OSS). Does Mason County Env. Health review this proposal as well? Although their proposed use of the Nitrogen reducing technology is admirable, the change in waste strength (residential to high strength)due to the RV's, which use all kind of nasty chemicals not suitable for on-site systems, could cause the system to fail. Many new OSSs that have RV waste inputs have failed almost immediately due to high strength waste. Was the previous OSS sized for the marina wastewater and the mobile? 6-12 employees, two showers, two sinks, and 2 RV hook-ups is different than one mobile home. Thanks for the help, Kim Kim Zabel Division of Environmental Health Washington State Department of Health Shellfish & Water Protection Town Center 2 111 Israel Road Southeast PO Box 47824 Olympia, WA 98504-7824 Ph: 360.236.3310 Fax: 360.236.2257 Kim.Zabel@doh.wa.gov Public Health -Always Working for a Safer and Healthier Washington -----Original Message----- From: Pam Bennett-Cumming [mailto:PamBC@co.mason.wa.us] Sent: Wednesday, January 24, 2007 3:53 PM 1/29/2007) Kell McAboy- RE: MARINA IN UNION Page 2 f To: Zabel, Kim (DOH) Cc: Kell McAboy Subject: Re: MARINA IN UNION Hi Kim, Yes I enjoyed seeing you too... seems like a long time. Really glad you are now the shellfish lead for the Annas Bay work- look forward to our paths crossing more. Re: the Union marina... I understand that Alderbrook Inn is buying (has bought?) it. They wanted something for their guests and their boats. My knowledge is pretty peripheral -the planner most likely to have more information is Kell McAboy- her number is 427-9670 ext 363. She is great to work with. pam Pam Bennett-Cumming Senior Planner-Watershed Planning & Regulatory Issues Mason County Department of Community Development 411 North 5th PO Box 279 Shelton, WA 98584 phone: (360)427-9670 x287 fax: (360)427-8425 email: pambc@co.mason.wa.us >>> "Zabel, Kim (DOH)" <Kim.Zabel@doh.wa.gov> 1/24/2007 2:41 PM >>> It was great seeing you yesterday, it's a little surreal being back in Mason County. Do you have any info on this Marina expansion in Union? Would Planning do a review? Would they ask DOH-Shellfish to review if it impacted shellfish growing area? Seems that they should???? Any details or contacts would be appreciated. thanks, kz Kim Zabel Division of Environmental Health Washington State Department of Health Shellfish &Water Protection Town Center 2 111 Israel Road Southeast PO Box 47824 Olympia, WA 98504-7824 Ph: 360.236.3310 Fax: 360.236.2257 Kim.Zabel@doh.wa.gov <mailto:Kim.Zabel@doh.wa.gov> Public Health -Always Working for a Safer and Healthier Washington /17/2a07) Kell McAboy Hood Canal Marina Page 11 From: "Brian McGinnis" <bmcginnis@northfortylodging.com> To: <Kim.Zabel@doh.wa.gov> Date: 4/16/2007 3:34 PM Subject: Hood Canal Marina Attachments: Existing Dock and Proposed Dock.pdf CC: "'Kell McAboy"'<KeIIM@co.mason.wa.us>, "'Grace Miller"' <Gbm@co.mason.w... Kim: As we discussed,we would like to modify the shape of the western portion of the dock at the Hood Canal Marina. While we are not looking to increase the square footage of the dock,we would like to modify the western portion of the dock for two reasons. First, since the existing dock is not protected by any breakwater, the dock is open to the elements. Incoming storms create waves and swells that hit the western portion of the dock. Having the northwest corner of the dock at an angle, the dock will help deflect the waves and swells. This deflecting action would help protect the entire marina. Second, the southwest corner of the dock presently rests on the tidelands during low tide. Our modification would help keep the entire dock floating during most low tides. I did some measurements of the dock moorage area on the west side. The existing dock has approximately 532 feet of lineal moorage space. The proposed reconfigured dock has 530 feet of lineal moorage. These measurements assume a "high tide"condition when the entire dock area is available. Let me know what you think. I have copied Kell McAboy and Grace Miller, who are our planners at Mason County. Thanks, Brian McGinnis North Forty Lodging LLC 22526 SE 64th Place, Suite 210 Issaquah, WA 98027 Tel: (425)369-9290 Fax: (425)369-9008 � u z 0 / t gi te3 j / Zp�p 0 -a // / v / t / oe I f Vol � zI a z W 16. \ 2' W + � O � It � n 79 C.If 7�o i OAS ♦�♦ c4lAnAa ( � �? 0] l i i- gyp. '�GJ'E� Q��l �♦ ` f _ G�VVERNENT MEAN --U�RyL LIME ♦ f �2 1208 E. \ svut V-30' *- z'� 2/26/07 ARINP F o NQRT (4/23/2007) Kell McAboy- RE: Hood Canal Marina Page 1 From: "Zabel, Kim (DOH)" <Kim.Zabel@doh.wa.gov> To: "Brian McGinnis" <bmcginnis@northfortylodging.com> Date: 4/23/2007 2:40 PM Subject: RE: Hood Canal Marina CC: "Kell McAboy" <KellM@co.mason.wa.us>, "Grace Miller" <Gbm@co.mason.wa.us... Hi Brian, I want to be clear that DOH has no authority over your permit,just an interest in the outcome. We classified shellfish growing area for the protection of public health. We are required by WAC and the Food and Drug Administration's National Shellfish Sanitation Program to evaluate and classify areas near marinas in specific ways (see below). When an application comes into a local government office DOH just wants to notified so we can determine if a closure zone needs to be created. Local government must make a decision as to what is best for their communities in permitting projects that impact other interests. We will not have an engineer on staff to evaluate the marina until May. I can tell you that the National Shellfish Sanitation Program says the following: Link to FDA 2003 National Shellfish Sanitation Program Model Ordinance htt ://www.cfsan.fda. ov/rear/nss2-toc.html p 9 Definitions Section (61) Marina means any water area with a structure (docks, basin, floating docks, etc.)which is: Used for docking or otherwise mooring vessels; and Constructed to provide temporary or permanent docking space for more than ten boats. Shellstock Growing Area section A. Marina Proper. The area within any marina which is in or adjacent to a shellstock growing area shall be classified as: (1) Conditionally approved; (2) Conditionally restricted; or (3) Prohibited. Currently the area is classified as conditionally approved, closed May-December based on marina use. This may change with the new and improved facility that you are planning. Please let me know if I can be of any additional help. Kim Zabel L(4/23/2007) Kell McAboy RE: Hood Canal Marina Page 2] Washington State Department of Health Division of Environmental Health Office of Shellfish &Water Protection Town Center 2 111 Israel Road Southeast PO Box 47824 Olympia, WA 98504-7824 Ph: 360.236.3310 Fax: 360.236.2257 Kim.Zabel@doh.wa.gov Driving instructions are available on the DOH web site: http://www.doh.wa.gov/DOHDirections/tumwater.htm Department of Health technology occasionally filters legitimate incoming messages. If you expect a response and do not hear from me, please call. Public Health -Always Working for a Safer and Healthier Washington -----Original Message----- From: Brian McGinnis [mailto:bmcginnis@northfortylodging.com] Sent: Monday, April 16, 2007 3:28 PM To: Zabel, Kim (DOH) Cc: 'Kell McAboy'; 'Grace Miller; Wendell Stroud Subject: Hood Canal Marina Kim: As we discussed, we would like to modify the shape of the western portion of the dock at the Hood Canal Marina. While we are not looking to increase the square footage of the dock, we would like to modify the western portion of the dock for two reasons. First, since the existing dock is not protected by any breakwater, the dock is open to the elements. Incoming storms create waves and swells that hit the western portion of the dock. Having the northwest corner of the dock at an angle, the dock will help deflect the waves and swells. This deflecting action would help protect the entire marina. Second, the southwest corner of the dock presently rests on the tidelands during low tide. Our modification would help keep the entire dock floating during most low tides. I did some measurements of the dock moorage area on the west side. The existing dock has approximately 532 feet of lineal moorage space. The proposed reconfigured dock has 530 feet of lineal moorage. These measurements assume a "high tide"condition when the entire dock area is available. (4 23 2007) Kell McAboy- RE: Hood Canal Marina Page 3 Let me know what you think. I have copied Kell McAboy and Grace Miller, who are our planners at Mason County. Thanks, Brian McGinnis North Forty Lodging LLC 22526 SE 64th Place, Suite 210 Issaquah, WA 98027 Tel: (425)369-9290 Fax: (425)369-9008 j (1/10;2007) Kell McAboy RE: Storm water___ r From: "Brian McGinnis" <brian@pinnaclerealestate.us> �1 To: "'Kell McAboy"' <KellM@co.mason.wa.us> , Ol Date: 1/17/2007 5:05 PM 1 Subject: RE: Storm water Kell: �Vd. As we proceed with getting all of the items completed to obtain our shoreline and special use permits, we are looking at also replacing the P existing floating dock, which is about 30(+)years old. If we were to only replace the existing floating sections of the dock with new dock sections, what is required from a permit perspective? The existing pier is in good shape and would remain. The existing gangway is old and would need to be replaced. The pilings are in reasonable shape so we would keep the existing pilings. Therefore,we are only talking about replacing the existing floating sections of the dock. It is more of a renovation than putting in a new dock. Since we have to run new lines for fuel, as well as the county mandated sewer pump out and dry fire flow line for the new standpipes, it would be nice to hide them inside new floating dock sections. Thanks again for all of your assistance thus far in this project. Thanks, Brian Brian McGinnis North Forty Lodging LLC 22526 SE 64th Place Suite 210 Issaquah, WA 98027 Tel: (425) 369-9290 Fax: (425)369-9008 -----Original Message----- From: Kell McAboy[mailto:KeI]M@co.mason.wa.us] Sent: Wednesday, January 17, 2007 8:24 AM To: Brian McGinnis Subject: RE: Storm water Hi Brian, This got sent to the Journal yesterday and will run on 1/18 and 1/25. The site will be posted on 1/19. The mailing to property owners will happen on 1/22 when our clerical staff gets back. I had the Journal bill Kim Schaumburg for the Notice because I assumed Jimmy Chen would not be responsible. Let me know if you need anything else. Kell Kell McAboy, Land Use Planner Mason County DCD 411 N. 5th/P.O. Box 279 Shelton, WA 98584 360.427.9670 ext. 363 (1/14,/2007) Kell McAboy RE: Storm water Page 2 >>> "Brian McGinnis" <brian@pinnaclerealestate.us> 1/16/2007 2:38 PM >>> Kell: Now that our permits have been submitted, can give me a copy of the public notice? I wanted to check the time of the public hearing on Feb. 27th. Thanks for your assistance. Brian -----Original Message----- From: Kell McAboy[ma ilto:Kell M@co.mason.wa.us] Sent: Thursday, January 04, 2007 8:38 AM To: Brian McGinnis Subject: RE: Storm water Brian, Yes, that will work. I will need to get the Notice into the Mason County Journal no later than Tue the 16th at noon. Monday the 15th is a holiday and I need time to process. Please let me know as soon as it is turned into our Permit Center as the turn around can otherwise be a few days. Kell >>> "Brian McGinnis" <brian@pin naclerealestate.us> 1/3/2007 5:37 PM Kell: We have been working on our permit applications and will have them submitted the week of January 8th (next week). With the full application submittal next week, we are still planning for the public hearing on the 4th Tuesday of February or February 27. Let me know if that schedule still works. Thanks, Brian Brian McGinnis Pinnacle Real Estate LLC 22526 SE 64th Place, Suite 210 Issaquah, WA 98027 Tel: (425)369-9290 Fax: (425)369-9008 -----Original Message----- From: Kell McAboy[mailto:Kell M@co.mason.wa.us] Sent: Wednesday, December 13, 2006 12:37 PM To: Brian McGinnis Subject: RE: Storm water Brian, There are no setbacks for buried structures. It is a 50' setback for appurtenant structures, if you propose the tank to be above ground. If a completed application is submitted by the week of January 8th, I can schedule the 4th Tuesday in February. The 2nd Tues in February is full. 19/2007) Kell McAboy- RE: Storm water Page 3 Kell >>> "Brian McGinnis" <brian@pinnaclerealestate.us> 12/13/2006 11:08 AM Kell: Thank you so much for the clarification. It would be very helpful if you could talk to John Sliva and request the letter concerning storm water. Our septic designer has been discussing our modifications to the existing septic/drain field. It appears that we have come up with a good solution that works for Cindy Waite. This will be a separate permit submittal. We will have a storage tank for public boat sewer pump out. We would like to put in a 1,200 gallon storage tank that would be pumped out periodically. Can you let me know if we can bury this storage tank? What would be the setback for this storage tank...same as the fuel tank? We would like to bury a 1,200 gallon storage tank with suitable high level alarms and a pumper truck contract to monitor it. This will be a separate permit submittal as well. We are planning to submit the Substantial Shoreline Development Permit, Special Use Permit and SEPA checklist at the end of next week. We really need to get on the schedule for a public hearing on either the 1 st or 3rd Thursday in February. Thanks again for your assistance, Brian -----Original Message----- From: Kell McAboy[mailto:KeIIM@co.mason.wa.us] Sent: Wednesday, December 13, 2006 9:29 AM To: Brian McGinnis Cc: Robert Fink Subject: Re: Storm water Hi Brian, I read through your comments below and I can agree that your proposal will meet the minimum requirements as set forth in the Shoreline Master Program. Given that the SMP states that"Design shall provide for storm water retention...and shall be reviewed by Mason County Public Works for compliance with all applicable County Ordinances..." I will require a letter from PW (John Sliva) indicating that your proposal meets the exemption status and/or that the landscape design features function as adequate storm water retention. The letter will serve as an exhibit to the staff report for the Public Hearing with the County's Hearing Examiner. Let me know if you would like me to discuss this with John Sliva directly. Thanks, Kell >>> "Brian McGinnis" <brian@ pin naclerealestate.us> 12/11/2006 3:12 PM (1/19/2007) Kell McAboy-RE Storm water Page 4 Kell: Thanks for meeting with me last Wednesday to review the permitting process for adding fuel back to the Hood Canal Marina. I have spoken with our civil engineer concerning the storm water issue at the Hood Canal Marina. As you already know,we are removing 1,440 square feet of impervious (mobile home) and only adding 449 square feet of impervious (4 feet around the proposed fuel tank). The Shoreline Master Plan certainly offers guidance...but nothing specific under the standard that we need to meet in order to demonstrate that "surface runoff does not pollute adjacent waters or cause soil or beach erosion. Design shall provide for storm water retention." Typically, jurisdictions point to their own storm water standards in effect. And in this case, it is the Technical Manual. The Technical Manual would exempt the planned improvements (e.g. installation of the fuel pad); provided there is no other planned impervious improvements (e.g. paving, regrading, etc.)from both water quality treatment and retention. This in essence implies that any surface water increase would be considered extremely minor in nature, and the retention is provided on the existing ground surface and is sufficient. By virtue of the exemption, a Drainage Report and Storm water Site Plan would not be required under the County's Storm water Standards. The requirement for such a report and plan would not be consistent with the citation of the Shoreline Master Program offered either since there is no specific requirement for preparation and submission of them. We are in essence meeting the standards by the exemption. The intent of the Shoreline Master Program is to protect water quality. This would satisfied by the source control Best Management Practices (BMPs), which are outlined in the required operation and maintenance plan prepared in connection with Mason County's fuel tank approval. These source BMPs would be most effective in this case, and will be discussed in the SEPA document under storm and surface water. We would offer to Mason County to design something into the landscaping along the bulkhead as a mitigating factor as well under this section as a protective measure for both water quality and flow. However, the reality is that the marina has a very large gravel parking lot. We are going to be reducing the amount of gravel by placing landscaping along the bulkhead as well as over the existing septic drain field. This by itself would help mitigate the amount of surface water sheeting off of the property during a major storm event. Let me know if this meets with your approval. Thanks, Brian Brian McGinnis Pinnacle Real Estate LLC 22526 SE 64th Place, Suite 210 L Page 1'of 3 3�.2-36Z 50 Ol001 Kell McAboy - RE: RE: MARINA IN UNION From: "Brian McGinnis" To: "'Kell McAboy"' Date: 2/20/2007 12:08 PM Subject: RE: RE: MARINA IN UNION CC: "Cindy Waite" , "'William Russell"' Kell: This morning, I spoke with Kim Zabel (Dept. of Health-Shellfish and Water Division) concerning her concerns with the proposed improvements to the Hood Canal Marina's on-site septic system. As shown in her email below, she was primarily concerned with the waste strength from the two RV hookups. This is similar to Cindy's concern as well, with the requirement to provide quarterly testing of the effluent to make sure it is "residential strength". In my conversation with Kim, I assured her that the RV spaces are not open to the public. These RV spaces are only reserved for seasonal workers at the marina. With these seasonal workers, we would ensure that they do not use chemical treatment to their on-board sanitary sewer system. We would make them empty their sewer before hooking up to our system. In addition, she was not aware of the quarterly testing of the effluent required by Cindy. Since we complete periodic testing of the effluent at Alderbrook's wastewater treatment plant, it would be easy to add the Marina's on-site system to the same periodic outside testing. With these safe guards in place, Kim's concerns were addressed. When I asked Kim if she needed any further information or documentation on the proposed improvement, she said no. We also briefly discussed the technology of the Pirana/Sludgehammer "aerobic bacteria generator" system. Since the state Department of Health has not approved this technology, she wanted to make sure that the system could operate successfully without it. Since Bill Russell has put together a compelling case for this technology, we would still like to use it. Since there is presently no ongoing test of this technology on Hood Canal, I would like the Hood Canal Marina to be used as a test case. The periodic testing required by Cindy would be an excellent way to view the results. Thanks, Brian Brian McGinnis North Forty Lodging LLC 22526 SE 64th Place Suite 210 Issaquah, WA 98027 Tel: (425) 369-9290 Fax: (425) 369-9008 From: Kell McAboy [mailto:KeIIM@co.mason.wa.us] Sent: Wednesday, February 14, 2007 8:46 AM To: Brian McGinnis Subject: RE: RE: MARINA IN UNION file://C:\Documents%20and%20Settings\kellm\Local%20Settings\Temp\XPgrpwise\45DA... 2/21/2007