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HEARING EXAMINER Creating Solutions for Our Future

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HEARING EXAMINER Creating Solutions for Our Future COUNTY COMMISSIONERS Cathy Wolfe District One Sandra Romero District Two Karen Valenzuela District Three HEARING EXAMINER Creating Solutions for Our Future BEFORE THE HEARING EXAMINER FOR THURSTON COUNTY In the Matter of the Application of ) NO. SSDP 2007104464 ) Jim Brazil ) ) For Approval of a Shoreline Substantial ) FINDINGS, CONCLUSIONS, Development Permit ) AND DECISION ) SUMMARY OF DECISION A Shoreline Substantial Development for a 100-foot marine pier, ramp and float on waterfront property at 9201 Otis Beach Road NE that is within the Conservancy Shoreline Environment on Henderson Inlet in the southern Puget Sound, in Thurston County, Washington is DENIED. SUMMARY OF RECORD Request: Pursuant to the requirements of the Washington State Shoreline Management Act (SMA) (RCW 90.58) Jim Brazil (Applicant) requested approval of a Shoreline Substantial Development Permit (SSDP) for a 100-foot marine pier, ramp and float on waterfront property at 9201 Otis Beach Road NE. The property, on the west side of Johnson Point is within the Conservancy Shoreline Environment on Henderson Inlet in the southern Puget Sound, in Thurston County, Washington.1 Hearing Date: The Thurston County Hearing Examiner held an open record hearing on the request on August 3, 2009. Testimony: At the hearing the following individuals presented testimony under oath: Scott Longanecker, Associate Planner Dr. Daniel Cheney, Bioquatics International Vern Miller 1 The legal description as Section 05 Township 19 Range 1W Quarter SE NE Plat BUTTON SUBDIVISION LT 15 Document 012/028; Parcel No. 37900001500. Although it is not stated in the legal description as set forth in the Staff Report, the property is in Thurston County, State of Washington. 2000 Lakeridge Drive SW, Olympia, Washington 98502 (360) 786-5490/FAX (360) 754-2939 Jerry Sheehan Pyke Johnson Attorney Representation: Jane Futterman, Deputy Prosecuting Attorney Terry Brink Exhibits: At the hearing the following exhibits were admitted in the record: EXHIBIT 1 Resource Stewardship Department Report including the following exhibits: Attachment a Notice of Hearing Attachment b JARPA Application dated October 25, 2007 (received) Attachment c Vicinity Map Attachment d Site plan dated February 12, 2009 Attachment e Structural details of pier, ramp and float dated October 20, 2008 (received) Attachment f Photos and Aerials Attachment g SEPA Mitigated Determination of Non-Significance dated January 15, 2009 Attachment h SEPA Environmental Checklist dated October 25, 2007 (received) Attachment i Memorandum from Thurston County Development Services withdrawing Determination of Significance dated October 20, 2008 Attachment j SEPA Determination of Significance dated September 3, 2009 Attachment k Eelgrass and Macroalage Survey by BioAquatics Int. dated August 26, 2007 Attachment l Shoreline Vegetation Plan by Dr. Dan Cheney, dated February 24, 2009 Attachment m WDFW Hydraulic Project Approval dated March 30, 2009 Attachment n US Army Corps of Engineers permit modification dated May 7, 2009 Attachment o US Army Corps of Engineers permit dated February 28, 2008 Attachment p Memorandum from Jim Goode, Environmental Health Department, dated November 7, 2007 Attachment q Electronic Mail from Jeff Fancher, Deputy Prosecuting Attorney to Mike Kain and Scott Longanecker dated May 21, 2009 Attachment r Letter from Tony Kantas, TC Development Services dated December 17, 2008 Attachment s Letter from Eisenhower & Carlson PLLC dated November 18, 2008 Attachment t Letter from BioAquatics Int. LLC dated November 18, 2008 regarding TMDLs and flushing of Henderson Inlet Attachment u Email from Cindy Wilson, Development Services dated October 24, 2008 Attachment v Email from Terry L. Brink dated October 15, 2008 with attached Pierce County Determination of Nonsignificance Attachment w Letter from Marine Floats dated July 28, 2008 Findings, Conclusions, and Decision Thurston County Hearing Examiner Brazil SSDP-2007104464 page 2 of 19 Attachment x Letter from Marine Floats dated June 13, 2008 Attachment y Letter from Squaxin Island Tribe dated April 2, 2008 Attachment z Letter from BioAquatics Int. LLC dated March 21, 2008 Attachment aa Public Comments • Comment Email from Lon Sullivan dated March 1, 2009 • SEPA comment letter from William Ide dated January 29, 2009 • SEPA comment letter dated January 29, 2009 (received) and signed by twenty local individuals who are opposed to the dock project • SEPA comment E-Mail from Robert H. Kirchhoff PhD dated January 27, 2009 • SEPA comment letter from Scott Steltzner, Fisheries Biologist with the Squaxin Tribe undated • SEPA comment letter from William Ide dated December 30, 2008 • E-Mail from William Ide to Commissioner Diane Oberquel dated November 20, 2008 • E-Mail from Pyke Johnson dated November 12, 2008 • Comment E-Mail and letter from Williams Ide dated November 6, 2008 and received November 7, 2008 • Comment letter from Gerald Sheehan dated September 20, 2008 • Email from Scott Steltzner, Squaxin Island Tribe dated September 15, 2008 • Email from George Walter, Squaxin Island Tribe dated September 15, 2008 • Comment letter from Pyke Johnson dated September 13, 2008 • Comment letter from William and Charlene Ide dated September 12, 2008 • Comment letter from William Ide dated July 22, 2008 • Comment letter from Williams Ide dated January 9, 2008 and received January 10, 2008 with attached Shorelines Hearings Board Appeal • Comment letter from Gerald Sheehan dated January 7, 2008 • Comment letter from William and Ide dated January 7, 2008 (received) • Comment letter from Pyke Johnson dated January 5, 2008 • Comment letter from neighboring property owners dated January 7, 2008 (received) • Comment letters submitted by the Brazil’s in support of the dock proposal (4 pages) received January 7, 2008 • Comment letter from Robert and Ann Kirchhoff received January 3, 2008 EXHIBIT 2 August 3, 2009 Memorandum from Scott Longanecker replacing condition no. 4, page 10, exhibit 1. EXHIBIT 3 Photos of public hearing notice posting EXHIBIT 4 July 10, 2009 William Ide written public testimony EXHIBIT 5 July 22, 2009 Memorandum and recommendation from Arthur Saint to Scott Longanecker EXHIBIT 6 July 10, 2009 Neighbor petition EXHIBIT 7 July 20, 2009 Revised Shoreline Vegetation Plan Findings, Conclusions, and Decision Thurston County Hearing Examiner Brazil SSDP-2007104464 page 3 of 19 EXHIBIT 8 July 26, 2009 Ronald Smith written public testimony EXHIBIT 9 February 10, 2009 revised site plan EXHIBIT 10 August 3, 2009 Applicant Letter of Memorandum, including the following attachments: Attachment A Project Application dated June 4, 2007 Attachment B Notice of Application issued December 18, 2007 Attachment C Notice of Public Hearing issued July 24, 2009 Attachment D Seattle District of the U.S. Army Corps of Engineers Letter of Permission dated May 7, 2009 Attachment E Hydraulic Project Approval issued March 30, 2009 Attachment F Staff Report issued July 24, 2009 Attachment G Dock Plan dated October 16, 2007; revised October 27, 2008 Attachment H Assessor’s Map of Thurston County Real Property Tax Parcel No. 37900001500 Attachment I Aerial Photo showing location of Subject Property Attachment J Site Plan dated October 16, 2007; revised July 29, 2009 Attachment K Determination of Significance issued September 3, 2008 Attachment L Appeal of Administrative Decision filed September 17, 2008 Attachment M Withdrawal of Determination of Significance issued October 20, 2008 Attachment N Mitigated Determination of Non-Significance issued January 15, 2009 Attachment O Terry L. Brink Email with attachments to Mr. Kantas dated February 4, 2009 Attachment P Resume of Dr. Kenneth M. Brooks Attachment Q Environmental Response to ACZA Treated Wood Structures in a Pacific Northwest Marine Environment Study dated January 20, 2004 Attachment R Anticipated Impacts to Aquatic Environments Resulting from the Use of ACZA Treated Woods Study dated July 8, 1993 Attachment S Email from Mr. Kantas to Terry L. Brink dated February 10, 2009 Attachment T Response email from Terry L. Brink to Mr. Kantas dated February 10, 2009 Attachment U Materials provided by the Department of Health regarding Henderson Inlet Attachment V Geographical Map prepared by Department of Health Attachment W Revegetation Plan and Cost Estimate dated July 20, 2009 Attachment X Eelgrass and Macroalgae Survey prepared by BioAquatics International and dated August 26, 2007 Attachment Y Squaxin Island Tribe Response to Thurston County circa March 7, 2008 Findings, Conclusions, and Decision Thurston County Hearing Examiner Brazil SSDP-2007104464 page 4 of 19 Attachment Z Responsive Letter from Dr. Cheney to Thurston County dated March 21, 2008 Attachment 1 Second letter from Squaxin Island Tribe to Thurston County dated April 2, 2008 Attachment 2 William Ide Memorandum to Thurston County dated November 6, 2008 Attachment 3 Responsive Letter from Dr. Cheney to Thurston County dated November 18, 2008 Attachment 4 Response Letter from Terry L. Brink to Thurston County dated November 17, 2008 Attachment 5 List of some of Barbara Nightingale’s Writings and Co- Writings Attachment 6 Copy of Barbara Nightingale’s Email to Mason County dated April 6, 2007 Attachment 7 Digital Photographs of the high bank and from the high bank of Subject Property Attachment 8 Digital Photographs of beach and buoy in front of Subject Property Attachment 9 Aerial Photographs obtained from Washington State Department of Ecology Washington Coastal Atlas website Attachment 10 Button
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