CUSHMAN SHORELINE PERMITTING PROCESS Tacoma Power Mason County DEC. 3, 2016 Washington Department of Fish and Wildlife Lake Cushman Maintenance Company Army Corps of Engineers
TACOMA POWER Bret Forrester Wildlife and Lands Manager (253) 502-8782 bforrest@cityoftacoma.org 2
MEETING PURPOSE When and why permits are needed Expand lessees knowledge of the process (including working with multiple agencies) Meet key permitting agency staff Answer questions 3
TACOMA POWER S ROLE 4 Cushman Development Company lease Leased lands vs. hydro project lands Docks/mooring floats allowed with approval from Tacoma Compliance with all laws required 10-foot lateral strip FERC license Shoreline Management Plan Existing Uses Report Annual Progress Reports
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WHERE WE ARE NOW Shoreline uses need these approvals: Applicable regulatory agency permits (as with all shoreline uses anywhere) Tacoma Power (land owner) Lake Cushman Maintenance Company Reservoir fluctuations and permit timing Drawn down typically between October and April 8
TACOMA POWER Wynnae Wright Shoreline and Lands Coordinator (253) 441-4180 wwright@cityoftacoma.org 9
10 PERMITTING FLOW CHART
SHORELINE USE SPECIFICATIONS AND PERMITTING GUIDELINES (SUSPG) Get the SUSPG: https://www.mytpu.org/file_viewer.aspx?id=3533 11
SHORELINE USE PERMIT (SUP) PROCESS 1. Pre-application meeting or consultation (recommended) 2. Applicant submits a complete application 12
SUP PROCESS CONT. 3. Tacoma Power conducts a site inspection (if not done as part of the pre-application meeting) 4. Tacoma Power reviews application Approves if allowable (subject to regulatory permitting and results of Cultural Resources Survey) Denies if not allowable (explanation provided) 13
SUP PROCESS CONT. 5. Tacoma Power coordinates Cultural Resources Survey (if required) 6. Applicant applies for required regulatory permits, provides copies to Tacoma Power 14
SUP PROCESS CONT. 7. Tacoma reviews permit package and issues SUP 8. Applicant notifies Tacoma Power prior to starting permitted work and notifies Tacoma Power when complete 9. Tacoma Power conducts a postconstruction inspection 15
16 PRE-APPLICATION MEETING SUMMARY LETTER EXAMPLE
17 SUP APPLICATION PG. 1
18 SUP APPLICATION PG. 2
19 PLAN VIEW DRAWINGS
20 DRAWINGS - CROSS-SECTION VIEW
TACOMA POWER S NEXT STEPS Application review Cultural Resources Survey FERC requirement Required for any ground disturbance within hydro project boundary 21
APPLICANT S NEXT STEPS Obtain other required permits, provide copies to Tacoma Power: Mason County Washington Department of Fish and Wildlife US Army Corps of Engineers Lake Cushman Maintenance Company 22
SHORELINE USE PERMIT Permit issued Proceed with build (if applicable) Post-build inspection (if applicable) Tacoma Power will issue a final letter approving your work (as to specifications) 23
PRIOR EXISTING USES (GRANDFATHERING) Must satisfy the following criteria: Use established prior to Feb. 28, 2014 Does not interfere with Project operations Adequately maintained Consistent with the intent of the SMP Received necessary permits from regulatory agencies 24
PROJECT EXAMPLE Existing structures: fixed pier, ramp, float with pilings and a secondary fixed pier with pilings, derelict float, steps/stairs Existing uses: lawn, logs attached to shore 25
SHORELINE LESSEE APPLIES FOR SUP AND REGULATORY PERMITS Proposal was to: Retain fixed pier, ramp, steps/stairs and pilings Rebuild larger float and add railing to fixed pier Tacoma Power s preliminary review 26
APPLICANT S PERMITTING TIMELINE Tacoma inspected Applicant work; issued Applied for regulatory permits Sept. 29, Mason County permits issued Nov. 24, 2015 WDFW - HPA permit issued Feb. 17, 2016 Tacoma Power SUP fully executed March 18, 2016 completed work April 9, 2016 final approval letter May 23, 2016 2015 27
28 PROJECT - BEFORE
29 PROJECT COMPLETION
30 BUOYS
Mooring Buoy Alternative: View while vessel is moored System consists of a permanent anchor, anchor chain, removable non-floating line, optional small line recovery float. Clip removed from dock once vessel is connected Non-floating anchor retrieval line shall be stored on dock or vessel while vessel is moored. Clip removed from chain once vessel is connected Anchor Chain Permanent Anchor 31
Mooring Buoy Alternative: View while no vessel is moored System consists of a permanent anchor, anchor chain, removable non-floating line, optional small line recovery float. Non-floating anchor chain retrieval line clipped to dock. Small line recovery float to prevent loss. Anchor Chain Retrieval Line (removable) Anchor Chain Permanent Anchor 32
RECAP 1. Talk to Tacoma Power first (pre-application meeting recommended) 2. Include ALL structures and uses on Tacoma Power property and within the 10-foot lateral easement area on your drawings 3. No ground disturbance without prior approval by Tacoma Power 33
COMMON ISSUES Unpermitted repairs Changes to grandfathered structures making them no longer grandfathered Allowing structures to degrade to the point of requiring replacement Not building to approved specifications 34
TACOMA POWER Kyrra Wilson Wildlife and Recreation Lands Officer (253) 502-8824 kwilson@cityoftacoma.org 35
ENFORCEMENT/COMPLIANCE Role of enforcement/compliance Enforcement officers Questions or concerns? Kyrra Wilson (253) 502-8824 kwilson@cityoftacoma.org Wynnae Wright (253) 441-4180 wwright@cityoftacoma.org 36
ARMY CORPS OF ENGINEERS (ACOE) Jason Sweeney Project Manager, Biologist (206) 764-3450 Jason.T.Sweeney@usace.army.mil 37
38 ACOE JURISDICTIONAL HANDOUT
ACOE PERMIT GUIDEBOOK Check out the permit guidebook on the ACOE website: http://www.nws.usace.army.mil/missions/civil- Works/Regulatory/Permit-Guidebook/Endangered- Species/ 39
MASON COUNTY Kell McAboy Senior Planner (360) 427-9670 ext. 365 Kmcaboy@co.mason.wa.us 40
MASON COUNTY PERMITTING PROCESS Role: Local government; SEPA lead agency when required Jurisdiction: All of Mason County (excluding Shelton) What do we permit? See Shoreline Permit Chart handout Why? Growth Management Act/Shoreline Management Act Resource Ordinance Shoreline Master Program - includes waterways and 200' landward from the Ordinary High Water Mark 41
MASON COUNTY PERMITTING PROCESS Start here www.co.mason.wa.us (click Community Development in the left-hand navigation, then click on Planning Department in the center of the page) Permit Assistance Center (615 W. Alder St., Shelton) What you ll need to provide (minimum) Site plan and detailed project description Mason County accepts all materials as required by the ACOE and/or WDFW in lieu of county-specific engineering, habitat plans, etc. JARPA application and SEPA checklist (if needed) How long will this take? Building permits with a Shoreline Exemption and SEPA environmental checklist: around six weeks Substantial Development Permits: up to three months or more 42
MASON COUNTY PERMITTING PROCESS Fee schedule https://www.co.mason.wa.us/forms/commu nity_dev/2009_planning_fees.pdf Good to know You can schedule a Site Pre-Inspection ($255) to discuss proposed development and required county permits (not required) When other state and/or federal permits are required, the county defers to their design criteria and conditions as a matter of approval 43
EXAMPLE Unpermitted existing bulkhead and oversized pier, ramp and float structure Bulkhead needs the toe reinforced; pier, ramp and float need modifications and to have the pile footings reinforced. What materials must be submitted to the county? JARPA, SEPA checklist, site plan, detailed project description What county permits are needed? Fees? SEPA determination, shoreline exemption, Mason Environmental Permit, building permit SEPA determination ($385), shoreline exemption ($225), Mason Environmental Permit ($380), building permit ($205) How long would it take? Once a complete application is received, it can take six weeks to three months or more (depending on time of year and complexity) 44
FAQ EXAMPLE Q) What type of structures bump a shoreline resident out of an exemption and into the substantial development permit? A) Any new structure with a fair market value greater than $6,416 or docks (pier/ramp/floats) valued greater than $10,000. 45
WASHINGTON DEPARTMENT OF FISH AND WILDLIFE Joshua Benton Area Habitat Biologist (360) 280-3572 joshua.benton@dfw.wa.gov APPS Help (Olympia) (360) 902-2422 apps.help@dfw.wa.gov 46
Hydraulic Project Approval 47 Washington Department of Fish and Wildlife
General HPA Information WAC 220-660-010 A hydraulic project is the construction or performance of work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state (chapter 77.55 RCW). Application fee - $150 Issued within 45 days 48
Requirements for Complete HPA Vicinity map General plans for overall project Plan-view, cross section or profile Depiction of MHHW/OHWL SEPA Determination 49
HPA Jurisdiction The regulatory authority of the Department of Fish and Wildlife to require hydraulic project approval is not limited to activities conducted at or below the ordinary high water line. Attorney General Opinion, 06/03/2016 50
Mitigation WAC 220-660-080 Description: The department defines mitigation as sequentially avoiding impacts, minimizing and rectifying unavoidable impacts, and compensating for remaining impacts. This mitigation must achieve no net loss. Projects that are in the same footprint or smaller, and employ Best Management Practices typically will not require mitigation. 51
Relevant WACs WAC 220-660-140 A dock or float 6 wide or narrower must have at least 30% of the deck surface covered in functional grating. A dock or float wider than 6 must have at least 50% of the deck surface covered in functional grating. The grating material's open area must be at least 60%. 52
Relevant WACs (cont.) WAC 220-660-140 (continued) The design should not use treated wood for the decking of the structure. The design may use treated wood for structural elements. Treated wood structural elements subject to abrasion by vessels, floats, or other objects must incorporate design features to minimize abrasion of the wood. 53
LAKE CUSHMAN MAINTENANCE COMPANY (LCMC) Julie McGrady Manager of Support Services Debra Snoey Board Member and Architecture Committee Board Liaison 54 Questions? Contact LCMC Architecture Committee Secretary Rita Hughes (360) 877-5233 ext. 16 architecturecommittee@hcc.net
HIERARCHY OF GOVERNING DOCUMENTS 1) Federal Law 2) State Law 3) City/County Law 4) Tacoma Power Lease 5) Maps/Plats 6) Covenants 7) Articles of Incorporation 8) Bylaws 9) Rules and Regulations 10) Policies 55 11) Resolutions
LCMC PERMITTING PROCESS LCMC cooperates with: Lake Cushman Company to help monitor lease adherence Tacoma Power and other agencies LCMC Architecture Committee Policies and Procedures: All lot development requires LCMC permit Permits from all required agencies must be obtained When applying for LCMC permit, submit plans and proof of all other required permits 56
LCMC PERMITTING PROCESS Get LCMC permit applications: Visit www.lakecushmanmc.com Click Resident Login Select Architecture Committee 57
PANEL Q&A Tacoma Power Bret Forrester Wynnae Wright Kyrra Wilson WDFW Josh Benton Chris Waldbillig Mason County Kell McAboy Barbara Adkins David Windom LCMC Julie McGrady Debra Snoey 58
APPENDIX Common acronyms Allowable structures, uses and activities Prohibited activities 59
COMMON ACRONYMS ACOE CUP FERC FWHCA GMA HMP/BE HPA JARPA LCMC MEP MHHW NWP OHWL OHWM SDP SEPA SFR SHX SMA SMP SMP SUP SUSPG WDFW Army Corps of Engineers Conditional Use Permit Federal Energy Regulatory Commission Fish & Wildlife Habitat Conservation Areas Growth Management Act Habitat Management Plan/Biological Evaluation Hydraulic Project Approval Joint Aquatic Resource Permit Application Lake Cushman Maintenance Company Mason Environmental Permit Mean Higher High Water Nationwide Permit Ordinary High Water Line Ordinary High Water Mark Substantial Development Permit State Environmental Policy Act Single Family Residence Shoreline Exemption Shoreline Management Act Shoreline Management Plan (Tacoma Power) Shoreline Master Program (Mason County) Shoreline Use Plan Shoreline Use Specifications and Permitting Guidelines Washington Department of Fish and Wildlife 60
ALLOWABLE STRUCTURES, USES AND ACTIVITIES SUSPG: page 4-2 61
PROHIBITED ACTIVITIES SUSPG: pages 5-1, 5-2 62