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Home My WebLink AboutCOM2007-00131 Answers and Summary - BLD Letters / Memos - 12/7/2009 ANSWERS TO RYAN CRATER'S QUESTIONS QUESTION 1 -1. Marinas shall be located, designed, constructed, and operated so as to not substantially or unnecessarily interfere with the rights of adjacent property owners, nor interfere with adjacent water uses. Please identify how this project will not effect adjacent property owners, e.g. shellfish beds. " I believe it is important to consider that the adjacent property owners are not the only shellfish growers in the South Hood Canal area likely to be effected by the project. Currently the nearest fueling and effluent pump out facility is located in Brinnon at Pleasant Harbor Marina(at least one hour north by boat), so it is probable(and likely)that many boats in the area are fueling by 5-gallon fuel containers, and occasionally spilling fuel into the Canal that they are not equipped to clean up. In some cases,boaters are also illegally dumping effluents into Hood Canal. By providing a modern facility with proper fuel spill clean-up equipment and boat sewer pump- out facility, the Marina is expected to have a beneficial effect on water quality in the entire South Hood Canal area. I think that your question raises additional issues... The Mason County Shoreline Management Plan("MCSMP") also states that Marinas shall be compatible with the general aesthetic quality of the shoreline area where they are located. The MCSMP environmental designation for the site is Urban Commercial and the parcel is zoned Rural Commercial 3. While a public marina and fueling facility is a permitted and compatible use for the site, it is questionable whether or not aquaculture is appropriate. Hood Canal has approximately 1,277,760 feet of shoreline,the majority of which is suitable for commercial shellfish aquaculture. There are very few marinas on Hood Canal. The MCSMP states that Marinas and public launch ramps are preferred rather than the development of individual docks and piers for private,non-commercial pleasure craft. Marinas concentrate boat usage into a small area where fuel spillage can be dealt with more effectively(and with proper equipment). Effluent pollution would also be reduced by providing boaters with a facility that offers effluent pump out. The MCSMP further states that Hood Canal is a designated Shoreline of Statewide Significance. As per 17.50.071, "...To this end uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment or are unique to or dependent upon use of the state's shoreline. Alterations of the natural condition of the shorelines of the state in those limited instances when authorized, shall be given priority for single family residences,ports, shoreline recreational uses including but not limited to parks, marinas,piers, and other improvements facilitating public access to shorelines of the state, industrial and commercial developments which are particularly dependent on their location on or use of the shoreline of the state and other development that will provide an opportunity for substantial numbers of people to enjoy the shorelines of the state." The adjacent property owners are reputedly engaged in shellfish aquaculture through the issuance of a commercial shellfish harvesting conditional-use permit. The MCSMP, 17.50.080 Conditional Uses, states that the applicant must demonstrate that the proposed use will not interfere with the normal public use of the shorelines; the proposed use of the site and design of the project will be compatible with other permitted uses within the area; and the public interest suffers no substantial detrimental effect. The adjacent property owners' objections to the Hood Canal Marina restoration project contradict the provisions of their Conditional Use Permit to harvest shellfish. In addition,.the site was recently closed for oyster harvest by the Washington State Department of Health (`WSDH") after the FDA advised people not to eat oysters harvested on the southern tip of Hood Canal. The closure was caused by the vibrio parahaemolyticus bacteria,which is not associated with pollution(WSDH 2007),but rather, warmer water temperatures. Since the Hood Canal Marina plans to offer fuel or pump out services during late spring and summer months,when the weather is warmer and boat usage is higher,the project will not effect adjacent property owners' harvesting of shellfish(which is already compromised by the above-mentioned environmental conditions unrelated to the marina),providing the WSDH does not implement a permanent closure. If that is the case, it is a common practice for shellfish growers to move oysters to a cleaner site for several months prior to harvesting(i.e. depuration). QUESTION 2 "2. In sensitive areas, such as near certified shellfish spawning areas, the applicant shall be required to demonstrate that the maximum protection of shore features, water quality, and existing uses will be provided. The marina may not be expanding its current footprint, but the increased use is considered an expansion. " The replacement of the existing dock floats(which are constructed of known carcinogenic materials)with environmentally friendly materials such as steel and plastics is expected to improve water quality at the site. The reconfiguration and grating of the floats should also allow for expansion of eel grass beds to the west. The shoreline shall be planted with native and non-native vegetation, including small trees landward of the bulkhead that are expected to significantly improve the existing degraded shoreline habitat at the site by providing shade, detrital input, and insects for juvenile salmonids. The existing septic system shall be substantially improved. While boat use at the upgraded Marina is expected to increase, it is probable that the majority of those boats will be from the South Hood Canal area. As previously discussed, a modern fueling and effluent pump out facility is expected to improve water quality in the area. By example, according to the USEPA, Cedar Island Marina, Inc., a recreational boat full-service marina in Connecticut operates a commercially viable bay scallop aquaculture under its marine docks. Cedar Island Marina, Inc. made similar improvements to those proposed at the Hood Canal Marina, such as pump out services, an oil absorption boom with special pads to absorb petroleum hydrocarbons, and landscaping to alleviate runoff pollution. In response to the issue of increased use, the increased use will likely not be because of monthly moorage. The amount of moorage space with the new dock floats is going from 532 feet to 530 feet. Therefore,the amount of moorage space will not be expanded with the new floats. The marina already has a long wait list for moorage on the dock. If WSDOH decides to reduce the shellfish harvesting during certain times of the year because of increased dock usage,the increased boat usage will be due to fueling and the boat pump-out facility, not necessarily because of the replacement of dock floats. QUESTION 3 "3. Special considerations for enhancing the relationship of the activity to the shoreline; In the last hearing case the response below was given. Please explain how this same response applies to the shellfish beds on adjacent parcels with regards to a possible permanent closure zone around the marine. The proposed project shall have a beneficial impact on the water quality of the Hood Canal, as well as the immediate shoreline. 1. Commercial developments adjacent to aquaculture operations shall practice strict pollution control procedures. In the last hearing case the response below was given. Please explain how this same response applies to the shellfish beds on adjacent parcels. Exhibit 12 of that last hearing case indicated that commercial shellfish grower area near the Marina wouldn't be effected, but as you know there may be a total closure around the Marina once the old infrastructure is replaced and the fuel/septic pump out is operational. 2. A vegetated filtration buffer (a runoff treatment Best Management Practices (BMP)) surrounding the Marina (and along the shoreline located directly landward of an existing bulkhead) , will be utilized to filter stormwater from a gravel parking lot on the site. Source Control BMPs, such as eliminating illicit discharges of fuel and installing a double-walled fuel tank and lines will be utilized to prevent pollutants from entering stormwater, and ultimately Hood Canal. As indicated in Exhibit 12, the proposal will not affect the approved commercial shellfish growing area near the Marina. " I believe this was answered in question one. SUMMARY Our permit application is to replace the existing dock floats. The dock is being reconfigured to better withstand the winter weather and to get the existing floats off of the tidelands during a low tide. The new dock will also be made of environmentally sound materials allowing us to remove the creosote pilings, treated wood and Styrofoam floats. Since we presently have the ability to install fuel and boat pump-out on the existing dock, the fueling issue isn't germane to this discussion. If usage increases because of fuel, that has nothing to do with the replacement of the existing floats. It will be important to be very clear about the purpose of the public hearing on September 11 and to not confuse the issue to be decided concerning the replacement of the dock floats. 1