STAFF REPORT AND RECOMMENDATION TO THE HEARING EXAMINER

Report Date: June 26, 2020 Report Submitted By: Karen A. Witherspoon, AICP Senior Project Planner File Number: SEP19-0020 SEPA APPEAL HEARING (APL20-0001) SHD19-0005 SHORELINE SUBSTAINTIAL DEVELOPMENT AND SHORELINE CONDITIONAL USE PERMIT PUBLIC HEARING (20-2-001) Project Name: Cowlitz River Public Access Point – Day-use Area (Lewis County Public Works)

SUMMARY OF PROPOSED ACTION NOTE: All documents previously transmitted to the Hearing Examiner by letter (Staff Exhibit 1) and electronic link (Staff Exhibit 2) https://lewiscountywa.gov/departments/community-development/current- planning-applications/cowlitz-river-public-access-day-use/ on May 4, 2020 as the record are hereby incorporated into this staff by reference. All other staff exhibits listed in this staff report are either excerpts of those records for emphasis or additional information received since May 4, 2020.

Action 1: State Environmental Policy Act (SEPA) Appeal Hearing:

The underlying project is not one of the listed exemptions under Lewis County Code (LCC) 17.110.090 or Washington Administrative Code (WAC) 197-11-800, and therefore, the applicant is required to complete the SEPA Review and Threshold Determination process.

The proposed action for the SEPA Appeal Hearing is the review and decision on the appeal of the threshold determination of non-significance (DNS) that was issued on March 17, 2020 (Staff Exhibit 3) and was timely appealed on April 23, 2020 by Mr. Christopher Murphy (Staff Exhibit 4).

Lewis County Code (LCC) 17.110.130(1) provides, as follows: Those aggrieved by the requirements, decisions, or determinations made by the responsible official in the completion of the threshold determination process may appeal such decision to the Hearing Examiner pursuant to LCC Chapter 2.25.

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Staff Report for APL20-0001 of SEP19-0020 and SHD19-0005 – LCPW – Cowlitz River Public Access Point Day-use Area

LCC 2.25.090(1)(e) also provides: The examiner shall hear, make a record of, and decide matters provided in this chapter or other county code sections and ordinances; these duties for board matters include, but are not limited to, adjudication or review of all land use decisions, and the following specific matters:… (e) Hearings under Chapter 43.21C, State Environmental Policy Act (SEPA) and code sections thereto.

As provided in the code sections above aggrieved parties may appeal the issuance of a SEPA threshold determination to the Hearing Examiner and the Hearing Examiner has jurisdiction to review and decide the SEPA appeal. The appeal has been received and perfected by the Lewis County Hearing Examiner (Staff Exhibit 5) and initially scheduled for Hearing on June 30, 2020 at 9:00 am (Staff Exhibit 6). Due to the on-going COVID- 19 Pandemic and Governor Inslee’s emergency prohibitions on large gatherings, Lewis County Community Development requested the hearing date be continued to July 30, 2020 at 9:00 am (Staff Exhibit 7). The continuation request was granted by the Hearing Examiner (Staff Exhibit 8).

Action 2: Shoreline Substantial Development and Shoreline Conditional Use Permit:

The proposed project is located within the Shoreline Jurisdiction of the Cowlitz River. The proposed construction will include a 24 foot wide gravel access to the proposed parking area; a gravel parking area with approximately 21 single-vehicle stalls for passenger vehicles and 17 stalls for vehicles with trailers; a double stall ADA-accessible precast concrete vault toilet building (240 square foot building); non-motorized kayak/canoe/boat access point; a 35-foot log stringer pedestrian bridge and a loop gravel pathway providing access to the Cowlitz River. If additional funding becomes available in the future, the applicants indicate the parking area and access to the parking area will be paved. Additionally, interpretive signs will be mounted on displays around the project area. The development of the project will include approximately 1,881 cubic yards of fill material and 2,551 cubic yards of cut/grading. All of the proposed development requires a shoreline substantial development permit and additionally, the 35-foot log stringer pedestrian bridge requires a shoreline conditional use permit.

GENERAL INFORMATION

Owner: Lewis County 2025 NE Kresky Avenue Chehalis, WA 98532

Applicant: Lewis County Public Works Ann Weckback 2025 NE Kresky Avenue Chehalis, WA 98532

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Applicant’s Counsel: Mr. Cullen Gatten & Ms. Amber Smith Lewis County Prosecuting Attorney’s Office 345 W. Main Street Chehalis, WA 98532

SEPA Appellant: Mr. Christopher Murphy 1504 N. Cedar St. Tacoma, WA 98361

Tax Parcel Number: 035132-005-005 & 035147-001-001

Location: 105 Alta Drive, Packwood, WA (Mile Post 0.045 to 0.055); Sections 15 & 16, Township 13N, Range 09E, WM

Square Footage/Acreage: approximately 5.06 acres (in two parcels)

Zoning Classification: Rural Development District 20 Acre (RDD-20) & Small Town Residential 4 units per acre (STR- 4)

Comp. Plan Designation: Other Rural Lands (non-resource) & LAMIRD – Rural Residential Settlement

Shoreline Stream: Cowlitz River (Shoreline of Statewide Significance)

Shoreline Environment: Rural Conservancy & Shoreline Residential

Sewage Disposal: Pre-cast vault toilet system

Water Supply: Within the Lewis County Water Sewer District #3 (LCWSD#3 - Packwood) service area – no utilities are proposed

HISTORY/BACKGROUND

The JARPA (Shoreline permit) application and SEPA Checklist materials were submitted on July 1, 2019 and additional application materials were submitted on July 15, 2019 and December 12, 2019 (Staff Exhibit 2). The application packet was determined complete to begin review on March 6, 2020 (Staff Exhibit 9). A Land Development Review (LDR19- 0049) for the initial review of critical areas and resource lands was issued on March 11, 2020 (Staff Exhibit 10). Errors were found in condition numbers 2, 7 & 10 and the LDR was corrected on June 5, 2020 (Staff Exhibit 11). Conditions listed in the LDR are sometimes general in nature and more specific conditions will be listed on various permits in addition to the LDR conditions. A Condition of Approval for the shoreline permit shall require the applicant/owner to comply with all Conditions of Development identified

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in the Land Development Review file number LDR19-0049 as corrected on June 5, 2020 (Staff Exhibit 11). If there is a conflict between and the LDR conditions of approval and another permit’s conditions of approval, the more restrictive conditions of approval shall apply.

During the Land Development Review the height of all proposed structures was analyzed to determine if the Lewis County Airport Obstruction Zone (AOZ) permit would be necessary. The tallest proposed structure will be 12 feet in height at the building ridgeline (17 feet in height at the top of the bathroom vents) and wildlife nesting boxes would be up to 20 feet above the ground. The underlying zoning allows for up to 35 feet, therefore an AOZ permit is not required. The proposed structure height and ground elevations were entered into the on-line “Notice Criteria Tool” on the Federal Aviation Administration (FAA) website to determine if the FAA permit/notice would be required. The results of the on-line tool stated the project does not exceed the height requirements for FAA notice criteria and FAA permit/notice is not required. The project was determined to be consistent with the AOZ requirements and FAA requirements.

On March 12, 2020, the SEPA Checklist, SEPA Threshold Determination and Notice of Application for the shoreline permits were routed to internal departments, to state/federal/tribal agencies and to those individuals that requested to be on the notice list to request comments on the applications and provide the 30-day comment period (Staff Exhibit 2- Affidavit and emailing lists).

The SEPA Threshold determination and Notice of Application were published in The Chronicle on March 17, 2020 (Staff Exhibit 2 – Affidavit for NOA and Affidavit and emailing lists).

Forty-six (46) comment letters were received during the SEPA and Shoreline Permit initial comment period (Staff Exhibit 2 – Comment letters 1 through 15, 16-30 and 31-46).

An appeal was filed on the SEPA Threshold Determination on April 23, 2020 (Staff Exhibit 4). The appeal was perfected by the Lewis County Hearing Examiner and initially scheduled for Hearing on June 30, 2020 at 9:00 am (Staff Exhibit 6). Due to the on-going COVID-19 Pandemic and Governor Inslee’s emergency prohibitions on large gatherings, Lewis County Community Development requested the hearing date be continued to July 30, 2020 at 9:00 am (Staff Exhibit 7). The continuation request was granted by the Hearing Examiner (Staff Exhibit 8).

On June 19, 2020 the applicant submitted responses to the appeal documents (Staff Exhibit 12).

PUBLIC HEARING NOTICE

The shoreline notice of public hearing was published on June 23, 2020 in The Chronicle, the newspaper of record for Lewis County, meeting the minimum 15-day noticing requirements (Staff Exhibit 13). Additionally, on June 19, 2020, the shoreline notice of

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the public hearing was sent to the agency list, the notice of application mailing list and to those that had commented on the application (Staff Exhibit 14).

AGENCIES CONTACTED

Lewis County Environmental Health Division – Septic Lewis County Environmental Health Division – Water Lewis County Public Works Department Lewis County Building Division Washington State Department of Ecology (ECY) Washington State Department of Natural Resources (WSDNR) Washington State Department of Transportation (WSDOT) Washington State Department of Fish & Wildlife (WDFW) Southwest Washington Clean Air Authority (SWCAA) US Army Corps of Engineers (USACE) Cowlitz Indian Tribe Confederated Tribes of the Chehalis Reservation Quinault Indian Nation Nisqually Indian Tribe Washington State Department of Archaeology and Historic Preservation (DAHP)

NATURAL ENVIRONMENT

Topography:

The site is fairly level with slopes rolling to the northwest toward the Cowlitz River. The steepest slopes on the site are located within the overflow channel on the northwest side of the project area. Existing contour lines show the parcels draining to the northwest (within the proposed access road and proposed parking area location) towards the exiting overflow channel. A screen shot of the County GIS system identified the 2 foot topography map and areas of 15 to 35 percent slope shown in light purple and over 35 percent slope shown in dark purple (Staff Exhibit 15).

Soils:

The soils within the proposed project area are mapped as Greenwater loamy sand (#92) and the soils along the Cowlitz River bank are Riverwash (#180) in the USDA Natural Resources Conservation Services, Soils Survey of Lewis County Area Washington. Greenwater loamy sand soils (#92) are described in Soils Survey of Lewis County Area Washington as non-hydric, floodplains, well-drained soils that are prime farmland if irrigated.

Surface Water:

The project is adjacent to the Cowlitz River a Type S stream (Shorelines of the State) as shown in the County GIS system based on the stream maps from the Washington State Department of Natural Resources (Staff Exhibit 16). Type S streams are under the

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jurisdiction of the Lewis County 2017 Shoreline Master Program. The Cowlitz River is also designated as a Shoreline of Statewide Significance in the Lewis County 2017 Shoreline Master Program (SMP).

Vegetation:

The project area is primarily forested, heavily vegetated and undeveloped. According to the application materials, the vegetation consists mainly of Douglas fir, grand fir, western red cedar, red alder, black cottonwood, big-left maple, vine maple, thimbleberry, Oregon grape, salal, Himalayan blackberry, trailing blackberry, evergreen blackberry, herb- Robert, deer foot, western sword fern, bracken fern, reed canarygrass and unidentified grasses. The shoreline is armored with riprap that was installed in the 1970s; three rock barbs and supplemental riprap around Pier 1 of the Skate Creek Rd S Bridge was installed in 2014; and a six bank roughening logjams were installed in 2016. No alteration of the existing riverbank will be necessary for this project.

The total project will result in the removal of 132 trees from the project area, approximately 1.35 acres of vegetation will be permanently removed in the total project area. Within the shoreline jurisdiction only, there will be approximately 1.23 acres of disturbance with a conversion of approximately 0.67 acres for non-forestry use, which will result in removal of 117 of the 132 trees. Of the 117 trees removed in the shoreline jurisdiction, only five (5) will be permanently removed from within the 150-foot standard shoreline buffer. The project proposes replanting/hydro seeding 0.50 acres of native vegetation within the designated shoreline jurisdiction, including the planting of 106 new native trees. A minimum 20-foot vegetated buffer is proposed to be retained along the property lines. A minimum 50-foot buffer is proposed to be planted and/or hydroseeded between the private residential parcels and the proposed access road and parking area. This can be seen in the burden of proof statement – Appendix A – site development plan (Staff Exhibit 2).

Wildlife:

The Washington State Fish and Wildlife (WDFW) habitat layer of the GIS system was consulted by staff and notice of the SEPA Threshold Determination and the JARPA (Shoreline Permit) application were sent to WDFW for review. SalmonScape Interactive mapper shows the fall Chinook salmon, spring Chinook salmon, coho salmon, and winter steelhead are all within the Cowlitz River. No project work will be conducted below the ordinary high water mark (OHWM) of the Cowlitz River. Northern spotted owls are listed as being within the vicinity, but not located on the parcels or within the mapped and regulated area of review. No comments or recommended conditions were issued or requested by WDFW. The applicant proposes to place twelve conifers, to be felled with root wads, within the shoreline project area. Nesting boxes for enhancement of wildlife are also proposed through the project area. The following is required to be listed as a Condition of Approval for the shoreline permit: Twelve conifers, to be felled with root wads, are to be placed within the shoreline area of this project and wildlife nesting boxes will be installed throughout the project area.

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Sensitive Areas:

There are no mapped wetlands, wetland buffers, hydric soils, landslide hazard areas, erosion hazard areas or mapped areas of high arsenic levels in the location of the proposed project area. All proposed work will be above the ordinary high water mark (OHWM) of the Cowlitz River. Comments raised concerns about a potential wetland on site. An initial wetland reconnaissance was performed on July 11, 2016 during investigations for the Skate Creek Rd S Bridge No 193 Scour Mitigation project. At that time, no areas looked suspect so no further fieldwork was completed. A more thorough review occurred in April 2019 after the initial access point day-use area designs were completed. At that time, transects were walked, drainage patterns were observed, a plant list was compiled and soil test pits were dug for inspection of hydric soils and hydrology. Based on the evaluation and reconnaissance performed, it was determined no wetlands are present at the site.

The proposed project is located within the shoreline jurisdictional area, channel migration zone, areas of moderate to high liquefaction susceptibility, a mapped critical aquifer recharge area, 100-year flood plain, portions of the floodway and within the Packwood Airport’s Transitional and Horizontal Zones. The applicant has applied for the required flood development permit and shoreline permits, and provided studies related to these hazards (Staff Exhibit 2). As stated above in the “History/Background” Section of this staff report, the AOZ permit is not required and the project was found to be consistent with the AOZ requirements. The proposed development in these critical areas (shoreline, channel migration, liquefaction susceptibility, critical aquifer recharge area, flood plain and floodway) will be reviewed and discussed throughout the staff report for compliance with the Shoreline Master Program (SMP).

Screen shots of the GIS system related to various critical area layers are incorporated by reference into the record (Staff Exhibit 17).

NEIGHBORHOOD CHARACTERISTICS

The proposed development site is roughly 5.06 acres in size and is comprised of two (2) parcels. The land use zoning of the proposed development site is Rural Development District 20 acre (RDD-20) and Small Town Residential – four units per acre (STR-4).

The area within 300 feet of the proposed project consists primarily of vacation homes and full-time residences to the east; Skate Creek Road S and undeveloped lands to the south and west; and the Cowlitz River to the north.

A screen shot of the GIS layer of the 2019 aerial photos of the development site and surrounding area is incorporated by reference into the record (Staff Exhibit 18). A screen shot of the GIS layer for zoning is incorporated by reference into the record (Staff Exhibit 19).

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STATE ENVIRONMENTAL POLICY ACT (SEPA)

A SEPA Threshold Determination was issued on March 17, 2020 for the Cowlitz River Public Access Point Day-use area (Staff Exhibit 3). An appeal of the SEPA threshold determination was submitted within the appeal timeframe (Staff Exhibit 4). An appeal hearing is being conducted on July 30, 2020 at 9:00 am prior to the shoreline substantial development and shoreline conditional use permit public hearing.

The purpose of SEPA is to ensure that environmental values are considered during decision making by state and local agencies. The lead agency must review the environmental checklist and other information available on the proposal and evaluate the proposal’s likely significant environmental impacts. After evaluating the proposal and identifying mitigation measures, the lead agency must determine whether a proposal will still have any likely significant adverse environmental impacts. The lead agency issues either a Determination of Non-Significance (DNS), a Mitigation Determination of Non- Significance (MDNS) or a Determination of Significance (DS/Scoping Notice) for an Environmental Impact Statement (EIS). In conducting the environmental review for an underlying project, if potential significant adverse impacts cannot be mitigated with existing regulations and permit conditions, then SEPA mitigation may be proposed through a Mitigated Determination of Non-Significance (MDNS), or a Determination of Significance (DS) may be issued requiring an Environmental Impact Statement (EIS) to identify and mitigate significant environmental impacts.

The SEPA Threshold Determination was based upon staff’s review of the submitted checklist and underlying application, a review of the regulations for other permits necessary for the project, the Lewis County Comprehensive Plan, Lewis County Code, Lewis County GIS layers and database, Lewis County Assessor’s parcel information, and a records search of the subject parcel in the Lewis County Auditor’s records. Based on the information reviewed, it was determined the project would be adequately conditioned through the shoreline permit process and other state and local agency permits, and that no additional mitigation or further review was necessary through SEPA. Therefore a Determination of Non-Significance (DNS) was issued for the project.

The permits required for this project include the following: shoreline substantial development permit, shoreline conditional use permit, septic permit (vault toilet), grading permit, flood development permit, building permits (vault toilet and pedestrian bridge), Lewis County stormwater permit, Ecology issuance of the shoreline permits, Ecology issuance of the construction stormwater general permit with stormwater pollution prevention plan and Washington State Department of Fish and Wildlife (WDFW) verification of hydraulics permit application (HPA) compliance. Each of these permits addresses environmental concerns to reduce impacts, and taken together, the series of permits touches upon essentially every aspect of the project. A Determination of Non- Significance reflects the County’s judgment that, as mitigated through these permits, this project will not produce significant adverse environmental impacts. WAC 197-11- 330(1)(c), (4); cf. RCW 43.21C.240(1) (“[When] all adverse environmental impacts will be mitigated below the level of significance as a result of mitigation measures included by changing, clarifying, or conditioning of the proposed action and/or regulatory

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requirements of development regulations adopted under chapter 36.70A RCW or other local, state, or federal laws, a determination of nonsignificance or a mitigated determination of nonsignificance is the proper threshold determination.”).

The appellant and public raised many cognizable environmental issues suggesting potential impacts, which are listed in the Public Concerns section below. But these potential impacts, as mitigated through the series of permits and conditions required for the project, are addressed so as to alleviate them or to render them moderate. Only probable significant adverse impacts beyond moderate impacts require a Determination of Significance (DS) and an exploration of impacts and alternatives through the EIS process. WAC 197-11-794; WAC 197-11-400. In contrast, a Determination of Non- Significance (DNS) for a project more impactful than the one proposed here has been upheld in conjunction with a Shoreline permit before. San Juan Cty. v. Dep't of Nat. Res., 28 Wn. App. 796, 798 & 801, 626 P.2d 995 (1981), rev. denied, 95 Wn.2d 1029 (1981).

One particular public comment and SEPA concern was that Public Works had not disclosed the full extent of the project. Commenters suggested that a fish chute is planned to follow the current project as a second phase of development and noted a second gate is located on the site plan documents. The applicant repeatedly indicated in its response to the appeal documents (Staff Exhibit 12) that no fish chute is part of the project. Additionally, Public Works explained the second gate on the north side of the parking area on the gravel pathway spur would be used for County vehicles if future maintenance of the Large Woody Debris (LWD) is needed. The LWD was stabilized and anchored to the shoreline along these parcels as part of the 2016 Skate Creek Rd S Bridge No 193 Scour Mitigation project. Therefore, no further explanation of the impacts of a fish chute are required.

PUBLIC CONCERNS

Forty-one (41) public comment letters and five (5) comment letters from local and state agencies were submitted during the comment period (Staff Exhibit 2). One Appeal was filed prior to the close of the SEPA appeal period (Staff Exhibit 4).

The comment letters raised concerns including but not limited to: traffic impacts, emergency services, public safety, flooding of the surrounding area and Packwood, erosion and runoff from the parking area, noise, trespass, long-term maintenance of the park facilities, lack of public involvement, fish impacts, bridge integrity, vault toilet and septic spills, lack of potable water for handwashing, the lack of full disclosure of the whole project (other uses of the day use site) and if there is a need for the project.

The applicant, Lewis County Public Works, has provided a response to the appeal document (Staff Exhibit 12).

The concerns listed will be discussed and addressed within this report. However, only those concerns that Lewis County has the regulatory authority to address will be included in recommended conditions of approval for the shoreline permit.

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STATUTES/CODES/FINDINGS

The zoning districts for this property are Rural Development District – 20 acre (RDD-20) and Small Town Residential 4 units per acre (STR-4). Table 1 listed in LCC Section 17.42.020 – Land Use Summary identifies the uses authorized within each zoning district. Both the RDD-20 and the STR-4 zoning districts authorizes local recreational facility as a Permitted Use. LCC Section 17.10.160 – “P” Definitions indicates “Permitted use” means a principal use of a site allowed as a matter of right in conformance with applicable zoning, building, and health codes, and not subject to special review or conditions under this title beyond those specifically set forth in zoning district regulations. Therefore, use of land as a local recreational facility is permitted on the subject parcels without further analysis for zoning regulations.

The project is located within the Shoreline Jurisdiction of the Cowlitz River requiring a shoreline substantial development permit and a shoreline conditional use permit. The JARPA (shoreline permit application SHD19-0005) was submitted for this project (Staff Exhibit 2).

The Hearing Examiner’s decision shall be based upon compliance with the criteria established for the proposed use in the Lewis County 2017 Shoreline Master Program (SMP) and other applicable Lewis County Codes (LCC) in effect at the time of complete application. The application requirements, notice requirements and hearing notice requirements of Chapter 7 of the SMP have been met. The applicable provisions of the SMP and staff’s findings for compliance with these provisions are listed below.

2017 Lewis County Shoreline Master Program Findings:

SMP Chapter 1: Applicability: The project is located within the Shoreline Jurisdiction of the Cowlitz River and/or its associated wetlands. The 2017 Lewis County Shoreline Master Program applies to this project. The project is required to meet the requirements for shoreline substantial development permit and the pedestrian bridge is required to also meet the requirements of a shoreline conditional use permit. The JARPA (shoreline permit application SHD19-0005) was submitted for this project (Staff Exhibit 2).

Shoreline Jurisdiction: Yes, Rural Conservancy Environment and Shoreline Residential Environment

Shoreline of Statewide Significance: Yes, the Cowlitz River is listed as Shoreline of Statewide Significance.

SMP Chapter 3: Shoreline Environment Designations:

Rural Conservancy Management Policies: 1. Uses in the Rural Conservancy shoreline environment designation should include those that sustain the shoreline area's physical and biological resources and do

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not substantially degrade ecological functions or the rural or natural character of the shoreline area. 2. Water-dependent and water-enjoyment recreation facilities that do not deplete the resource over time, such as boating and water access facilities, angling, hunting, wildlife viewing trails, and swimming beaches, are preferred uses, provided significant adverse impacts to the shoreline are mitigated. 3. Agriculture, aquaculture, forest practices, and low-intensity residential development when consistent with provisions of the SMP are preferred uses. 4. Low-intensity, water-oriented commercial and industrial uses are limited to areas where those uses have located in the past or at sites that possess conditions and services to support the development. 5. Mining and related uses may be appropriate within the rural conservancy environment when conducted in a manner consistent with the environment policies and the provisions of WAC 173-26-241(3)(h) and when located consistent with mineral resource lands designation criteria in accordance with RCW 36.70A.170 and WAC 365-190-070. 6. Developments and uses that would substantially degrade or permanently deplete the biological resources of the area should not be allowed. 7. Construction of new structural shoreline stabilization and flood control works should be allowed when the documented need exists to protect an existing primary structure or ecological functions. Mitigation may be necessary for such construction. New development should be designed and located to preclude the need for such work. Shoreline stabilization measures shall infringe on private property rights to the minimum extent necessary. 8. Proposed residential development should be designed to ensure no net loss of shoreline ecological functions and preserve the existing character of the shoreline.

Staff Response: The portions of the project that are located within the Rural Conservancy Environment consist of the unimproved non-motorized boat launch area, the 35-foot log stringer pedestrian bridge, the majority of the looped gravel pathway, the majority of the gravel parking area and the infiltration pond for the gravel parking area. Within the Rural Conservancy Environment, there will be ground disturbance related to the clearing of trees in order to construct the project.

Tree removal within this shoreline environment will result in the removal of 82 trees and the permanent removal of 0.98 acres of vegetation. However, of the trees to be removed, only five (5) are within the 150 foot shoreline buffer. Planting Zones B & C as shown on the planting plan in the burden of proof statement (Staff Exhibit 2 – Burden of proof statement Appendix A; Site Development Plan) are located within the 150 foot shoreline buffer and within the Rural Conservancy Environment. A portion of Planting Zone A is also located within this shoreline environment. A Condition of Approval for the shoreline permit should state the applicant shall follow the proposed planting plan submitted in the burden of proof statement Appendix A – site development plan. The remaining shoreline buffer is heavily vegetated. No excavation is proposed

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for the non-motorized boat launch. No new shoreline stabilization structures are proposed with this project. The proposed trail will provide wildlife viewing opportunities and public access. The project will result in no net loss of ecological function as presented in the submitted Burden of Proof documents (Staff Exhibit 2). Water-dependent and water-enjoyment recreation facilities that do not deplete the resource over time, such as boating and water access facilities, angling, hunting, wildlife viewing trails, and swimming beaches, are preferred uses, provided significant adverse impacts to the shoreline are mitigated. As conditioned throughout this report, the project is consistent with these policies.

Shoreline Residential Management Policies: 1. Preserve ecological functions by establishing development standards for shoreline height, shoreline buffers, building setbacks, density, impervious surface coverage, shoreline stabilization, critical area protection, and water quality protection to assure no net loss of ecological functions in shoreline jurisdiction. 2. Provide public access and joint use for community recreational facilities, where feasible and applicable for multifamily developments, residential developments containing more than four lots, and recreational developments. 3. Ensure access, utilities, and public services are available and adequate to serve existing needs and or planned future development. 4. Limit commercial development to water-oriented uses.

Staff Response: The portions of the project that are located within the Shoreline Residential Environment consist of the ADA vault toilet facilities, retaining wall for ADA access ramp to vault toilet facilities, the gravel access road from Alta Drive, the access control gates, a small portion of the gravel parking area, a small portion of the gravel looped pathway and interpretive signs. Within the Shoreline Residential Environment, there will be ground disturbance related to the clearing of trees in order to construct the project.

Tree removal within this shoreline environment will result in the removal of 35 trees and the permanent removal of 0.25 acres of vegetation. However, none of the tree removal within the Shoreline Residential Environment will be located within the 150-foot shoreline buffer. Planting Zone A and the hydroseeding area as shown on the site development plan in the burden of proof statement (Staff Exhibit 2) are located within the Shoreline Residential Environment with Planting Zone A also located within the 150-foot shoreline buffer. The project will result in no net loss of ecological function as presented in the submitted Burden of Proof documents.

The project is consistent with the development standards for shoreline height, shoreline buffers, critical area protection and water quality. There is no shoreline stabilization proposed as part of this project. The project is designed as a public access recreational development for fishing access and wildlife viewing opportunities. The access to the site will be improved to a 24-foot wide gravel access off of Alta Drive (a county road). As conditioned throughout this staff report, the project is consistent with these policies.

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SMP Chapter 4: General Regulations:

SMP 4.02 Archaeological and Historic Resources: Regulations: A. Permits issued in areas documented to contain archaeological resources shall require a site inspection or evaluation by a professional archaeologist in coordination with affected tribes and DAHP prior to any ground disturbance. Failure to complete a site survey shall be considered a violation of the shoreline permit. B. Where a professional archaeologist has identified an area or site as having significant value, or where an area or site is listed in local, State, or Federal historical registers, the Shoreline Administrator may condition the development approval to preserve the features. Potential conditions may include measures to preserve or retrieve the resources, modify the site development plan to reduce impacts, or mitigate the impacts as authorized through the State Environmental Policy Act (SEPA), or other County, State, or Federal laws. C. The applicant shall stop work immediately and contact the County, the DAHP, and affected tribes if any archaeological resources are uncovered during work within shoreline jurisdiction.

Staff Response: According to the applicant, a Cultural Resources Survey was conducted at this site and the Recreation and Conservation Office has provided this document to the DAHP and potentially affected Tribes during consultation under Executive Order 05-05. The Cultural Resources Survey was prepared by Archaeological Investigations Northwest, Inc., dated January 25, 2019. Notice of the SEPA Threshold Determination and the Shoreline Notice of Application were submitted to DAHP and the potentially affected tribes on March 12, 2020 (Staff Exhibit 2). No comments, concerns or recommended conditions were submitted from DAHP or the potentially affected Tribes. Some public comments reflected concern that cultural resources materials were not made public, but these documents are confidential under RCW 27.34.415 and RCW 42.56.300. The following Conditions of Approval shall be listed on the shoreline permit:

 In the event any archaeological or historic materials are encountered during project activity, work in the immediate area (initially allowing for a 30 foot to 100 foot buffer; this number may vary by circumstance) must stop and the following actions taken: 1) Implement reasonable measures to protect the discovery site, including any appropriate stabilization or covering; 2) Take reasonable steps to ensure the confidentiality of the discovery site; and 3) Take reasonable steps to restrict access to the site of discovery.  The project proponents will notify the concerned Tribes and all appropriate county, state, and federal agencies, including the Department of Archaeology and Historic Preservation (DAHP). The agencies and Tribe(s) will discuss possible measures to remove or avoid cultural

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materials, and will reach an agreement with the project proponent regarding actions to be taken and disposition of material.  If human remains are uncovered, appropriate law enforcement agencies shall be notified first, and the above steps will be followed. If the remains are determined to be Native, consultation with the affected Tribes will take place in order to mitigate the final disposition of said remains.

As conditioned, the project is consistent with these policies.

SMP 4.03 Environmental Impacts and Mitigation: Regulations: A. The environmental impacts of development proposals shall be analyzed and include measures to mitigate environmental impacts not otherwise avoided or mitigated by compliance with the SMP and other applicable regulations. B. Mitigation measures shall be considered and applied in the following sequence of steps, listed in order of priority: 1. Avoiding the impact altogether by not taking a certain action or parts of an action; 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts; 3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment; 4. Reducing or eliminating the impact over time by preservation and maintenance operations; 5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and 6. Monitoring the impact and the compensation projects and taking appropriate corrective measures. C. In determining appropriate mitigation measures applicable to development in shoreline jurisdiction, lower priority measures should be applied only where higher priority measures are determined to be infeasible or inapplicable. D. Mitigation shall not be required that exceeds what is necessary to assure the development will result in no net loss of ecological functions in shoreline jurisdiction. E. When compensatory measures are appropriate pursuant to the mitigation priority sequence above, preferential consideration shall be given to measures that replace the impacted functions directly and in the immediate vicinity of the impact. However, alternative compensatory mitigation measures that have been identified within a watershed plan, and address limiting factors or other critical resource conservation needs in the shoreline jurisdiction may be authorized. Authorization of compensatory mitigation measures may require appropriate safeguards, terms, or conditions as necessary to ensure no net loss of ecological functions.

Staff Response: The project avoids major vegetation removal within the shoreline buffer to the maximum extent possible. Tree removal and grading is

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Staff Report for APL20-0001 of SEP19-0020 and SHD19-0005 – LCPW – Cowlitz River Public Access Point Day-use Area

mitigated with the Planting Plan within the shoreline buffer and with additional plantings and hydro seeding outside of the shoreline buffer. Removal of native vegetation is proposed to be compensated at a minimum 1:1 ratio within the shoreline buffer to ensure no net loss of functions. The project will require the removal of five (5) trees and 0.27 acres of vegetation within the shoreline buffer, approximately 0.27 acres of native vegetation will be planted within the shoreline buffer, including planting of 86 trees.

The entire project (inside and outside of shoreline jurisdiction) is currently zero percent (0%) impervious and will be twenty-three percent (23%) impervious after project completion. Regional Road Maintenance Best Management Practices (BMPs) will be implemented; these include staking of project limits, installation of silt fencing, installation of straw wattles, and the marking or clearing limits in the field to minimize vegetation disturbance. Any/all disturbed soil that is not being worked, whether at final grade or not, shall be hydro seeded within 2 to 7 days as appropriate (within 2 days from October 1st through April 30th and within 7 days from May 1st through September 30th).

The gravel parking area, gravel access road and gravel looped pathway exceeds 5,000 square foot of disturbed area and will require a Lewis County Stormwater Permit in addition to the Construction Stormwater General Permit (with Stormwater Pollution Prevention Plan – SWPPP) required by the Washington State Department of Ecology (ECY). As described in the SEPA documents the applicant proposes mitigation of riparian enhancements and wildlife nesting boxes and spill response during construction (Staff Exhibit 2 - SEPA Checklist). The applicant’s Planting Plan and burden of proof statements (Staff Exhibit 2 – burden of proof statements and Appendix A – Site Development Plan) provide additional details on the vegetation clearing and management, and mitigation for the project.

No on-going hazardous waste discharge is anticipated to occur from use of the parking area. Lewis County Facilities Department is lead for any type of accidental spills that trigger Washington State Department of Ecology (ECY) response (due to volume or material type) and are responsible for the spill reporting/response/clean-up/disposal of materials according to ECY reporting guidelines. To the extent that public comments raised issues concerning oil-water separators, these comments are addressed (and such separators are required) in the discussion below of SMP 4.07 regarding Water Quality.

Concerns were raised about the pedestrian bridge meeting compliance for ADA with gravel pathways on each side. The applicant responded (Staff Exhibit 12) with the following: “Guidance from the United States Access Board states walking surfaces must have a slope of less than 5%, 36-inch minimum width, and a ground surface that is stable, firm and slip resistant. The 8-foot wide gravel trail (pathway) will be constructed of compacted crushed road (5/8-inch minus). Path grades will be nearly flat from the parking area along the east half of the loop gravel tail to the walk bridge and canoe/kayak launch area.

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Staff Report for APL20-0001 of SEP19-0020 and SHD19-0005 – LCPW – Cowlitz River Public Access Point Day-use Area

Additionally, the vault toilet will be ADA compliant (access, width, handrails, etc.)”.

Concerns were raised about traffic impacts and the need for a traffic impact study. Lewis County Code 12.60.410 and 12.60.420 identifies when a Level I Traffic Impact Analysis (TIA) is required. If the project is not anticipated to generate 50 or more peak PM hour trips the Level I TIA is not warranted. The proposed project incorporates less than 40 parking spots and assuming usage of 2 hours per vehicle, the project would not generate more than 50 trips in one hour (Staff Exhibit 12).

As conditioned below these criteria have been met. The following are required to be listed as Conditions of Approval for the shoreline permit:

 All project work completed for this project will be above the Ordinary High Water Mark (OHWM) of the Cowlitz River.  Regional Road Maintenance Best Management Practices (BMPs) will be implemented; these include staking of project limits, installation of silt fencing, installation of straw wattles, and the marking or clearing limits in the field to minimize vegetation disturbance.  Any/all disturbed soil that is not being worked, whether at final grade or not, shall be hydro seeded within 2 to 7 days as appropriate (within 2 days from October 1st through April 30th and within 7 days from May 1st through September 30th).  The gravel parking area, gravel access road and gravel looped pathway exceeds 5,000 square foot of disturbed area and will require a Lewis County Stormwater Permit in addition to the Construction Stormwater General Permit (with Stormwater Pollution Prevention Plan – SWPPP) required by the Washington State Department of Ecology (ECY).  Riparian enhancements within the shoreline will include the planting of an 11,531 square feet area with a native riparian tree/shrub mix; mulching and hydro seeding of a 11,422 square foot area with native scrub/shrub mix; and the placement of 12 conifers, to be felled with root wads, within the designated shoreline of the project area. Wildlife nesting boxes will be placed throughout the project area to enhance wildlife viewing opportunities.  The standard County spill prevention control and counter-measures plan will be utilized for this project. Spill kits will be onsite (within vehicles) to treat any chemical or fluid leaks during the project construction.  Excavation will be monitored for potential contamination from off-site sources and/or past activities.  No refueling of vehicles or equipment will be allowed within 150 feet of any waterbody.  If an accidental spill occurs in the parking area during on-going operations of the day use area that would trigger a Washington State Department of

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Ecology (ECY) response (due to volume or type of material) Lewis County Facilities Department is responsible for the spill reporting/response/clean- up/disposal of materials according to ECY reporting guidelines.

SMP 4.04 Critical Areas and Shoreline Vegetation Conservation: Regulations: A. Critical Areas Ordinance Adopted and Modified. 1. Whether or not a shoreline permit or written statement of exemption is required, the provisions of this section shall apply to all uses, alterations, or developments within shoreline jurisdiction or shoreline buffers. All shoreline uses and activities shall be located, designed, constructed, and managed to protect the ecological functions and ecosystem wide processes provided by critical areas and shoreline vegetation.

Staff Response: As conditioned above, the project meets these regulations.

B. Shoreline Buffers. 1. The required critical area buffers for Type S streams, as established in LCC 17.35A.680 and modified by SMP Table 4-1: Shoreline Buffers, shall be considered shoreline buffers. 4. New uses and development that are not water-dependent, water-related, or water-enjoyment, accessory to water-dependent, water-related, or water- enjoyment uses or development, or that do not facilitate public access to waters of the State generally will not be authorized in shoreline buffers. Some uses or developments not meeting the criteria above may be authorized through buffer averaging or through issuance of a shoreline variance. 5. SMP Table 4-1: Shoreline Buffers establishes shoreline buffers by shoreline environment designation.

Staff Response: Table 4-1 lists the type of activity with a standard buffer width for that activity in each of the shoreline environments. As shown below, the non-motorized boat launch, the pedestrian bridge and approximately 355 linear feet of the gravel pathway providing water access to the boat launch, fishing access and water views (water dependent uses) have a zero (0) foot shoreline buffer from the OHWM. The remaining portion of the looped gravel pathway is located in 75 foot shoreline buffer for Recreational Development – water-related and water enjoyment structures and uses and will be reviewed for compliance with SMP 5.13 below. The forest practices and the parking area have a 150 foot shoreline buffer. The forest practices will be reviewed under SMP 5.09 below, and the parking will be reviewed under SMP 5.12 below. The parking area is located outside of the 150 foot shoreline buffer. As conditioned in this staff report, the project meets these regulations.

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Table 4-1 Shoreline Buffers (applicable sections): Standard Shoreline Buffer from OHWM (1) Shoreline Rural Residential Conservancy Boating and Water Access Facilities – Water-dependent structures and uses 0 feet 0 feet Boating and Water Access Facilities – Water-related and water enjoyment structures and uses 75 feet 75 feet Forest Practices (3) 150 feet 150 feet Parking 150 feet 150 feet Recreational Development (6) – Water-dependent structures and uses 0 feet 0 feet Recreational Development (6) – Water-related and water enjoyment structures and uses 75 feet 75 feet Transportation Facilities – Bridges for motorized and non-motorized uses 0 feet 0 feet Table notes: (1) Reductions in shoreline buffers from the OHWM may be authorized according to the standards in the SMP Section 4.04.02 below. (3) Other than conversions to non-forest land use and harvest on Shorelines of Statewide Significance, forest practices regulated under Chapter 76.09 RCW are not subject to additional regulations under this SMP. For the standards for forest practices subject to the SMP, see Section 5.09.02. (6) Passive, water-oriented recreational uses are allowed within the shoreline buffers subject to 5.13.02(E).

E. Vegetation Conservation Standards. 1. Shoreline buffers protect the ecological functions of the shoreline, help to reduce the impacts of land uses on the water body or aquatic resource, and provide a transition between aquatic and upland areas. 2. Authorized uses shall be designed to avoid removing existing native vegetation to the maximum extent feasible within shoreline and critical areas buffers consistent with safe construction practices, and other provisions of this section. Any impacts to existing native vegetation must follow the mitigation sequence in SMP Section 4.03 above and comply with any applicable critical area regulations, as modified in SMP Section 4.04.02(A) above. 4. Removal of native vegetation from shoreline buffers must be compensated at a minimum 1:1 ratio, which the Shoreline Administrator may increase if necessary to assure no net loss of shoreline ecological functions. Increases may be necessary to compensate for temporal losses, uncertainty of performance, and differences in ecological functions and values. 7. Clearing of invasive, noxious non-native vegetation in shoreline buffers is allowed by hand labor or with light equipment. Removal of noxious weeds as listed by the State in Chapter 16-750 WAC is allowed in a manner consistent with State Noxious Weed Control Board regulations. Native vegetation shall be promptly reestablished in the disturbed area.

Staff Response: The project is designed to avoid removing existing native vegetation to the maximum extent feasible within shoreline and critical areas buffers consistent with safe construction practices, and other provisions of the SMP (Staff Exhibit 2 – specifically the Burden of Proof Statement Appendix A Site Development Plan). As conditioned below these criteria have been met. The following are required to be listed as Conditions of Approval for the shoreline permit:

 Clearing of invasive, noxious non-native vegetation in shoreline buffers is allowed by hand labor or with light equipment. Removal of noxious weeds as listed by the State in Chapter 16-750 WAC is allowed in a manner consistent with State Noxious Weed Control Board regulations. Native vegetation shall be promptly reestablished in the disturbed area.

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F. Revegetation. 1. Surfaces that are cleared of vegetation in shoreline or critical area buffers, aside from normal maintenance described in SMP Section 4.04.02(E)(6), and are not developed must be replanted within one year. Replanted areas shall be planted and maintained such that within three years the vegetation cover is at least 90% reestablished. 2. Vegetation shall be planted in similar quantities and species to what existed previously on the site to achieve no net loss of ecological function. Disturbed ornamental landscapes, including grass, may be replaced with similar species, unless mitigation is necessary to address project impacts. 3. Native plants are preferred for all revegetation. Non-native species on the County’s list of invasive species shall not be allowed.

Staff Response: As proposed, areas that are cleared of vegetation in the shoreline or critical area buffers that are not developed will be replanted within one year with native plant. (Staff Exhibit 2 – specifically the Burden of Proof Statement Appendix A Site Development Plan). As conditioned below these criteria have been met. The following are required to be listed as Conditions of Approval for the shoreline permit:

 All areas that are cleared of vegetation in the shoreline or critical area buffers that are not developed will be replanted within one year with native plant.  Replanted areas shall be planted and maintained such that within three years the vegetation cover is at least 90% reestablished.  Non-native species on the County’s list of invasive species shall not be allowed to be used to revegetate cleared areas.

SMP 4.05 Flood Hazard Management: Regulations: A. All proposed flood hazard management measures shall comply with the County’s Comprehensive Flood Hazard Management Plan. B. Development in floodplains shall not increase flood hazards. C. No development is allowed within the SMP flood course or floodway in shoreline jurisdiction, unless a hydraulics and hydrology study (H & H Study) shows that it is: 1. Not in the SMP flood course or floodway; or 2. will not impact the pre-project base flood elevation, floodway elevations, or floodway data widths. D. Within the CMZ, SMP flood course or floodway, new development or uses, including subdivision of land, shall not be established when it would be reasonably foreseeable that the development or use would require new structural flood hazard reduction measures. E. New development within floodways, the SMP flood course, and the CMZ shall not interfere with the process of channel migration or cause a net loss of ecological functions. If existing CMZ studies are not available for an area of known channel migration, a site analysis may be required to ensure that development does not interfere with the process of channel migration. Areas of known channel 19

Staff Report for APL20-0001 of SEP19-0020 and SHD19-0005 – LCPW – Cowlitz River Public Access Point Day-use Area

migration are shown in the SMP Map Folio Figure 28 in the Shoreline Inventory and Characterization. F. Development in the CMZ, SMP flood course, and floodways, is limited to: 1. Actions that protect or restore ecosystem-wide processes or ecological functions; 2. Forest practices in compliance with the FPA; 3. Existing and ongoing agricultural practices, provided no new restrictions to channel movement occur; 4. Mining uses conducted consistent with the shoreline environment designation and the provisions of WAC 173-26-241(3)(h); 5. Bridges, utility lines, and other public utility and transportation structures where no other feasible alternative exists or the alternative would result in an unreasonable and disproportionate cost; 6. Repair and maintenance of an existing legal use, provided that the repair and maintenance does not cause significant ecological impacts or increase flood hazards to other uses; 7. Modifications or additions to an existing nonagricultural legal use, provided that channel migration is not further limited and that the new development includes appropriate protection of ecological functions; 8. Development in UGAs, as defined in Chapter 36.70A RCW, where existing structures prevent active channel movement and flooding; or 9. Measures to reduce shoreline erosion, if it is demonstrated that the erosion rate exceeds that which would normally occur in a natural condition, the measure does not interfere with fluvial hydrological and geomorphological processes normally acting in natural conditions, and the measure includes appropriate mitigation of impacts to ecological functions associated with the river or stream. G. New structural flood hazard management measures may be permitted if consistent with the applicable provisions in SMP Chapter 6: Shoreline Modification Policies & Regulations. H. New publicly-funded structural flood hazard management measures, including dikes and levees, shall dedicate and improve public access except in those instances as listed in SMP Section 4.06.02(B). I. Removal of gravel for flood management purposes shall be permitted only after a biological and geomorphological study demonstrates that the extraction: 1. Provides a long-term benefit to flood hazard management; 2. Does not result in a net loss of ecological functions; and 3. It is part of a comprehensive flood management solution.

Staff Response: The entire project area is located within the mapped 100- year floodplain. Half of the parking area, the looped gravel trail, the pedestrian bridge and the location of the non-motorized boat launch are located within the floodway. The applicant has submitted a flood development permit (FD19-00041) for all development within the 100-year floodplain, and a Hydraulic Impact Assessment (H & H Study) for the development within both the 100-year floodplain and the development within the floodway (Staff Exhibit 2). The H & H Study from Northwest Hydraulic Consultants Inc., dated December 7, 2019,

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Staff Report for APL20-0001 of SEP19-0020 and SHD19-0005 – LCPW – Cowlitz River Public Access Point Day-use Area

details the “no-rise” calculations for the proposed project and determines the development in the floodplain and floodway will not increase the flood hazards and will not impact the pre-project base flood elevations, floodway elevations or floodway data widths.

The majority of the proposed development area is located within the mapped moderate and severe channel migration zone (CMZ) and entire project is located within the mapped moderate to high soil liquefaction susceptibility area. The proposed location for the pre-cast ADA vault toilet facility and the 24-foot wide gravel entrance road from Alta Drive are located outside of the mapped moderate and severe CMZ. A Geomorphic Hazard Study from Northwest Hydraulic Consultants Inc. and engineering review for potential soil liquefaction susceptibility from Rod Lakey, PE, Lewis County Public Works Senior Engineer were submitted by the applicant. It was noted in some of the comment letters that some of the pages were missing in this report on the web link. The original submittal contained all of the pages and is re-scanned and provided in this staff report (Staff Exhibit 20).

As discussed in the geomorphic hazard study, Skate Creek Rd S Bridge is adjacent to this project and Skate Creek Rd S Bridge is critical infrastructure. To protect Skate Creek Rd S Bridge over the years, several revetments have been constructed on and near the current project area. These revetments include older riprap from the 1970s, three rock spurs placed in 2014 and a set of wood spurs over riprap designed and constructed in 2016. As stated in the report, “together these act as a continuous system of revetments intended to prohibit channel migration that would threaten the left bank approach roadway and bridge abutment”. No new structural flood hazard reduction measures are proposed with this project and the proposed development would be protected from channel migration due to the construction of the previously approved bridge protection projects.

The memorandum from Lewis County Public Works Senior Engineer, Rod Lakey, dated November 26, 2019 indicates on-site infiltration tests conducted confirm the soil is highly permeable but project components have low ground pressure and the site lacks evidence indicating past failure areas (Staff Exhibit 20). In the response to the appeal document and concerns about the stability of Skate Creek Rd S Bridge, Public Works provided additional comments about the project and structural information about the Skate Creek Rd S Bridge as follows (from Staff Exhibit 12):

“The two parcels proposed with this project are undeveloped. The only structures proposed with this project is a log stringer walk bridge and a 240 square foot vault toilet, both of which are classified as non-significant structures. The parcels proposed for this development are adjacent to Skate Creek Road S. right of way (ROW), however, no work is proposed within the Skate Creek Rd S. ROW. As a note of clarification, Skate Creek Rd S. includes the main span Cowlitz River steel truss structure (with

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Staff Report for APL20-0001 of SEP19-0020 and SHD19-0005 – LCPW – Cowlitz River Public Access Point Day-use Area

concrete approach structures) and a concrete overflow structure. All bridge structure foundations are supported by driven H-piles or concrete fill pipe piles designed to withstand earthquake loading (including liquefaction). Since liquefaction impacts occur directly below a structure, it is unreasonable to assume any liquefaction impacts from a 240 square foot vault toilet or a log stringer bridge (located 200-foot to 400-foot linear away) on the Skate Creek Road S. overflow and main span Cowlitz River structures.”

The conclusion is the potential damage from soil liquefaction would likely be extremely low for this site.

As conditioned below and in other sections of this report, these criteria have been met. The following are required to be listed as Conditions of Approval for the shoreline permit:

 In advance of a predicted flood event, the facility will be temporarily closed to the public. Once the flood event is over and any flood waters have receded, Lewis County Public Facilities Department staff will evaluate the facility and repair any damage (with proper permits, if needed) before re-opening the facility to the public.  Following a severe earthquake, Lewis County Facilities Department staff will temporarily close the facility to the public, evaluate any damage and repair any differential settlement within the facility (with proper permits, if needed) before re-opening the facility to the public.  The review, issuance and construction activities of the building permits for 35-foot pedestrian bridge (B19-00630) and the pre-cast concrete ADA vault toilet facility (B19-00631) shall conform to applicable seismic analysis and all applicable design criteria of the International Building Code as part of the building permit review.  The project development shall be in compliance with the conditions of approval of the flood development permit (FD19-00041) and the fill/grading permit (G19-00032).

SMP 4.06 Public Access: Regulations: A. Shoreline public access shall be required for the following shoreline developments and uses: 1. Shoreline recreation in accordance with SMP Section 5.13; 2. New structural public flood hazard reduction measures, such as dikes and levees; 3. Shoreline development by public entities, including the County, port districts, State agencies, and public utility districts; 4. New marinas when water‐enjoyment uses are associated with the marina; and

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Staff Report for APL20-0001 of SEP19-0020 and SHD19-0005 – LCPW – Cowlitz River Public Access Point Day-use Area

5. All other development and use types that are required to incorporate shoreline public access as identified in the SMP, or other State or Federal requirements. E. Public access shall be designed to achieve no net loss of ecological functions. Where impacts are identified, mitigation shall be required. F. Physical public access shall be designed to connect to existing public rights‐of‐ way or existing or future public access points on adjacent or abutting properties. Appropriate design and safety standards should be utilized in the design of the access. G. Public access facilities shall be compatible with adjacent private properties using vegetative buffering or other techniques to define the separation between public and private space. H. Where there is an irreconcilable conflict between water-dependent shoreline uses, physical public access, and maintenance of views from adjacent properties, water-dependent uses and physical public access shall have priority, unless there is a compelling reason to the contrary. I. Public access easements or tracts and relevant permit conditions shall be recorded as a separate document or on the face of a plat or short plat. Recording with the Lewis County Auditor shall occur prior to or at the time of permit approval. J. The applicant shall construct, install, and maintain approved signs that indicate the public's right to access the shoreline and the hours of operation for the shoreline access. These signs shall be placed in conspicuous locations at public access sites. Where public access is prohibited, property owners may install signs subject to size and location restrictions found in SMP Section 5.15 that indicate that no public access is permitted. K. Required public access sites must be fully developed and available for public use at the time of occupancy or use of the development.

Staff Response: The shoreline recreational aspects of the project will be reviewed under SMP 5.13 for compliance. This project is a shoreline development by a public entity (Lewis County Public Works) and is designed for the public to access Shorelines of the State. The project is designed to achieve no net loss of ecological functions as previously reviewed in this staff report.

Vegetative buffering is proposed to define the separation of the public space of this project and the adjacent private properties. The applicant proposes to plant and hydroseed 0.39 acres (Planting Zone A and Hydroseeding area) as shown on the Planting Plan (Staff Exhibit 2 – specifically the burden of proof statement Appendix A – site development plan). Park boundary signs will also be installed along the boundary of the parcels. A public access easement for this property was recorded in the Lewis County Auditor’s Office under Auditor’s File Number 3506736 (Staff Exhibit 21). The project will connect to Alta Drive (a public road right-of-way) with a 24-foot wide access driveway. The applicant proposes to install access gates and signs with hours of operation.

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Staff Report for APL20-0001 of SEP19-0020 and SHD19-0005 – LCPW – Cowlitz River Public Access Point Day-use Area

As conditioned below these criteria have been met. The following are required to be listed as Conditions of Approval for the shoreline permit:

 Park boundary signs shall be installed along the boundary lines to clearly identify the separation of public property from the adjacent private properties.  The applicant shall undertake a minimum of 0.39 acres of vegetative plantings and hydroseeding (Planting Zone A and Hydroseeding Area) as shown in the Burden of Proof Statement – Appendix A – Site Development Plan.  Access gates and signs limiting the facility use to day-use hours of operation shall be installed prior to operation of the recreational facility.  Physical development of the recreational facility and all conditions of approval shall be complete/met prior to operation of the recreational facility.

SMP 4.07 Water Quality: Regulations: A. All development in shoreline jurisdiction shall comply with the appropriate requirements of the SMP and the latest edition of the Stormwater Management Manual as prepared by Ecology. B. Septic systems should be located as far landward of the OHWM and flood course as feasible. Where the systems cannot be located outside of a shoreline or critical area buffer, the system may be sited in accordance with the requirements in 4.04.02(D). C. Uses in Critical Aquifer Recharge Areas shall meet the applicable requirements in LCC 17.35 or 17.35A. D. Potentially harmful materials, including but not limited to oil, chemicals, tires, or hazardous materials, shall not be allowed to enter any body of water or wetland, or be discharged onto the land in shoreline jurisdiction. Potentially harmful materials should be stored outside of shoreline jurisdiction if feasible, and shall be maintained in safe and leak-proof containers. E. Herbicides, fungicides, fertilizers, and pesticides shall not be applied within 25 feet of a water body, except by a qualified professional in accordance with State and Federal laws. Further, pesticides subject to the final ruling in Washington Toxics Coalition, et al., v. EPA shall not be applied within 60 feet for ground applications or within 300 feet for aerial applications of the subject water bodies and shall be applied by a qualified professional in accordance with State and Federal law.

Staff Response: As conditioned in the Land Development Review (LDR19- 0049) as revised on June 5, 2020 (Staff Exhibit 11) the project is required to obtain all other local, state and federal permits and approvals. This project requires approval from Ecology (ECY) for a Construction Stormwater General Permit which includes the development of a Stormwater Pollution Prevention Plan (SWPPP) that utilizes the Best Management Practices (BMPs) from the latest

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Staff Report for APL20-0001 of SEP19-0020 and SHD19-0005 – LCPW – Cowlitz River Public Access Point Day-use Area

addition of the Stormwater Management Manual as prepared by ECY. The latest addition is the 2019 Stormwater Manual for Western Washington (SWMWW).

The project does not include a septic system, but does include the placement of a pre-cast concrete ADA vault toilet facility. This vault toilet facility is located outside of the 150-foot shoreline buffer, but is located within the 100-year floodplain and mapped critical aquifer recharge area. A Flood Development permit (FD19-00041) will ensure the structure meets the floodplain protection criteria.

Uses in Critical Aquifer Recharge Areas shall meet the applicable requirements in LCC 17.35 or 17.35A. Non-agricultural projects in the shoreline jurisdiction follow LCC 17.35A. The following code sections relate to the protection of critical aquifer recharge areas specific to this project: LCC 17.35A.105, LCC 17.35A.880(1) – LCC 17.35A.880(3), LCC 17.35A.880(4)(b), LCC 17.35A.880(4)(g) and LCC 17.35A.900. Note: Lewis County revised its critical area ordinances in 2018 to create LCC Chapter 17.38. But, the Shoreline Master Program, adopted in 2017, explicitly incorporated the prior critical area ordinances as part of the Shoreline Master Program (SMP 4.04.02). Therefore, the superseded chapters LCC 17.35 and LCC 17.35A remain applicable as part of the Shoreline analysis.

Underground tanks are listed in Table 2 of LCC 17.35A.880 as High Intensity Uses in mapped critical aquifer recharge areas and are allowed subject to the standards of LCC Chapter 17.35A. The vault toilet facility is an underground tank and is required to comply with both the low intensity use standards for all uses (LCC 17.35A.880(1)(a)-(c)) and the specific high intensity use standards for underground tanks (LCC 17.35A.880(4)(b). Additionally the entire day-use facility is required to comply with the specific standards for parks, schools and recreational facilities listed in LCC 17.35A.880(4)(g).

Comments were submitted with regard to the need for oil-water separators due to vehicle runoff on the proposed impervious surfaces. These comments are addressed in the application of LCC 17.35A.880(1)(c), which requires such separators, where, as here, the total impervious surface area exceeds 5,000 square feet and is located in an aquifer recharge area.

Comments were submitted from Lewis County Public Health & Social Services Department for septic and water related to the use of the ADA Vault Toilet Facility (Staff Exhibit 2 – specifically comment letters 2 and 5). The comments indicate the vault toilet facility will need stamped designs by a Professional Engineer along with the septic permit application (S19-00226); and this type unit does not require a water connection and is appropriate for this type of use.

The application states there will be no storage of potentially harmful materials within the shoreline jurisdiction. The application does not include any proposals to use herbicides, fungicides, fertilizers, or pesticides.

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Specific code sections from LCC 17.35A (shown in italics): LCC 17.35A.105 Best management practices (BMPs) - Aquifer recharge areas section. “Best management practices (BMPs),” for the aquifer recharge areas section, means physical, structural, and/or managerial practices that when used singly, or in combination, prevent or reduce the adverse environmental impacts to or pollution of ground water. Such practices may include schedules of activities, prohibitions of practices, maintenance procedures, and other management practices, to prevent or reduce pollution of ground water. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage, leaks, sludge, or water disposal, or drainage for raw material storage.

LCC 17.35A.880 Protection. (1) Low Intensity Uses. Low intensity uses shall be all uses not defined as high intensity uses in subsection (2) of this section. Any development on aquifer sensitive soils shall: (a) Prohibit buried tanks of any petroleum or hazardous material unless the tank is double-wall protected; (b) Prohibit the discharge of petroleum or hazardous materials to any ditch, swale, or other non-impervious surfaced area where migration to the aquifer is a reasonable likelihood; and (c) Require oil-water separators for any impervious surface areas 5,000 square feet or larger. (2) High Intensity Uses. High intensity uses shall have the same protective standards as low intensity standards and shall comply with additional requirements where specifically listed below, where using hazardous materials in excess of small quantity generator status, and shall comply with requirements identified on the registered label or material safety data sheets. (3) High Intensity Uses. The uses in Table 2 shall be reviewed as high intensity uses within any aquifer recharge area regardless of the size. In addition, high intensity uses shall consist of any use where any petroleum or hazardous wastes as defined in Chapter 123-303 WAC are used or stored in excess of limits identified in Lewis County health department health regulations consistent with Chapter 123-303 WAC, as a risk to ground water quality. (4) Additional Protection for Specified High Intensity Uses. The following protection standards shall apply to aquifer recharge area review and approval of uses or activities by the administrator set forth in LCC 17.35A.870 within aquifer recharge areas. Certain uses and activities conducted within some aquifer sensitivity categories, as identified in Table 2 of this chapter, will require the submission of a technical assessment to the administrator. The submission of additional information may also be required for some of the uses and activities identified within this subsection.

LCC 17.35A.880(4)(b) Underground Storage Tanks and Vaults. Underground storage tanks and vaults used for the storage of petroleum products, wastewater, or hazardous substances or dangerous wastes as defined in Chapter 173-303 WAC, or any other substances, solids, or liquids in quantities identified by the Lewis County health department environmental health section, consistent with Chapter 173-303 WAC, as a risk to ground water quality, shall conform to Chapter 173-360 WAC and be accompanied by a design and management plan prepared by a qualified professional to assure that the facility is designed, constructed and operated so as to: (i) Prevent release, corrosion, or structural failure for the operational life of the tank or vault; (ii) Be cathodically protected against corrosion, constructed of noncorrosive material, or steel clad with a noncorrosive material, or designed in a manner to prevent the release or threatened release of any stored substance; (iii) Use material in the construction or lining of the tank which is compatible with the substance to be stored; (iv) Provide for release detection method(s); and (v) Provide a written spill response plan, when requested, and give immediate spill notification to the Lewis County health department environmental health section.

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LCC 17.35A.880(4)(g) Parks, Schools, and Recreation Facilities. A management plan prepared by a qualified professional to address fertilizer, herbicide, and pesticide management practices of schools, parks, golf courses, and other nonresidential facilities that maintain large landscaped areas shall be submitted, evaluated for effectiveness, approved, implemented, and monitored in relation to best management practices as recommended by the Cooperative Extension Service.

LCC 17.35A.890 Mitigation conditions. (1) Mitigation Conditions. In addition to the standards and criteria set forth in LCC 17.35A.880(1) through (4), the administrator may impose additional conditions which ensure that the specific use or activity will not significantly degrade ground water quality. Such conditions may include, but are not limited to, the following: (a) A written management plan for wastewater, hazardous products and hazardous waste, petroleum products and petroleum waste, and other materials judged by the administrator to be detrimental to ground water quality, that when implemented using best management practices, will prevent ground water contamination; (b) Upgrading available on-site spill response equipment; (c) Employee spill response training; (d) Emergency service coordination measures; and (e) Ground water monitoring.

17.35A.900 Processing. (1) Compliance with the requirements of this section shall be considered a material element of any permit approval. All technical analysis in connection with high intensity uses shall be by a qualified critical area professional. Information demonstrating compliance with the standards of this section shall be submitted in connection with all proposed development. The administrator may provide for an abbreviated review process for low intensity use relying on standard best management practices. A written finding of compliance, together with the reasons for such finding, shall be required in connection with the issuance of any county permit for a high intensity use. (2) Other Agency Permits and Standards - Policy. The county desires to limit overlapping regulations and conflicting regulations. To this end, the county recognizes that a number of other permitting agencies do take steps to protect aquifer recharge areas and the county shall coordinate review and conditions to the maximum extent feasible.

As conditioned below these criteria have been met. The following are required to be listed as Conditions of Approval for the shoreline permit:

 The applicant shall obtain all other required local, state and federal permits and approvals.  The applicant shall implement a Construction Stormwater Pollution Prevention Plan (SWPPP) that satisfies the requirements of the NPDES General Permit for Stormwater Discharges Associated with Construction Activities. The SWPPP will include Best Management Practices (BMP) recommended by Ecology’s 2019 Stormwater Management Manual for Western Washington and will include measures for temporary and permanent erosion and sedimentation control and will identify a regular inspection and maintenance schedule for all erosion control structures.  The temporary erosion and sedimentation control measures will be implemented at the beginning of the construction process.  BMPs will also include covering of exposed soils, managing runoff, and revegetating temporary disturbed soils as soon as possible following the onset of construction.

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 Prior to construction a spill prevention, control and containment (SPCC) plan will be in place, in accordance with applicable local, state and federal regulations.  The pre-cast concrete ADA vault toilet facility septic permit application (S19-00226) shall conform to the applicable design criteria of LCC 8.40, provide stamped designs by a Professional Engineer, and shall submit a management program to the health officer assuring ongoing operation, monitoring and maintenance before the health officer issues the installation permit. Written verification of the health officer’s approved management program shall be submitted to the Building Official as documentation prior to the issuance of the building permit for the ADA vault toilet facility (B19-00631).  Written verification that the ADA vault toilet facility meets the criteria of LCC 17.35A.880(4)(b)(i)-(v) shall be submitted to the Building Official as documentation prior to the issuance of the building permit for the ADA vault toilet facility (B19-00631).  A management plan prepared by a qualified professional to address fertilizer, herbicide, and pesticide management practices of the day-use park facility in relation to best management practices as recommended by the Cooperative Extension Service be provided to the Community Development Department prior to operations of the day-use facility.  Potentially harmful materials, including but not limited to oil, chemicals, tires, or hazardous materials, shall not be allowed to enter any body of water or wetland, or be discharged onto the land in shoreline jurisdiction, including any ditch, swale or other non-impervious surfaced area where migration to the aquifer is a reasonable likelihood. Potentially harmful materials should be stored outside of shoreline jurisdiction if feasible, and shall be maintained in safe and leak-proof containers.  Written verification the design of the stormwater facilities under the Lewis County Stormwater permit process includes review and compliance with LCC 17.35A.880(1)(b) and (1)(c), including but not limited to oil-water separator(s) for impervious surfaces, shall be submitted to the Community Development Department prior to the issuance of the preliminary approval of the stormwater permit and the issuance of the grading permit (G19- 00032).  Herbicides, fungicides, fertilizers, and pesticides shall not be applied within 25 feet of a water body, except by a qualified professional in accordance with State and Federal laws. Further, pesticides subject to the final ruling in Washington Toxics Coalition, et al., v. EPA shall not be applied within 60 feet for ground applications or within 300 feet for aerial applications of the subject water bodies and shall be applied by a qualified professional in accordance with State and Federal law.

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SMP Chapter 5: Specific Shoreline Use Regulations:

SMP 5.02 General Shoreline Use: Regulations: A. Use and development standards shall not apply retroactively to existing, legally established structures, or uses and developments in place at the time of the adoption of the SMP update. Existing structures, uses and developments, including residential appurtenances, may be maintained, repaired, and operated within shoreline jurisdiction and the shoreline buffers established in the SMP. B. Development shall comply with the most restrictive bulk and dimensional requirements in LCC Title 17 or SMP Section 5.04. C. Accessory uses, such as parking, stormwater management facilities, and utilities shall be located outside of shoreline and critical area buffers, and associated building setbacks, unless authorized in SMP Section 4.04.02(D). D. Shoreline uses and developments shall be designed to complement the setting of the property and minimize glare. Shoreline applicants shall demonstrate efforts to minimize potential impacts to the extent feasible.

Staff Response: The bulk and dimensional requirements of the SMP Section 5.04 are the most restrictive and shall be reviewed below. The parking area, stormwater management facilities and the ADA vault toilet facilities are located outside of the 150-foot shoreline buffer. The project has been designed to complement the natural environment and avoid removing existing native vegetation to the maximum extent possible. Removal of native vegetation will be compensated at a minimum of 1:1 ratio within the shoreline buffer to ensure no net loss of function. As conditioned in this staff report, the project meets the general shoreline use regulations.

SMP 5.03 Allowed Shoreline Uses:

Staff Response: As shown in Table 5-1 of the Lewis County Shoreline Master Program; boat ramps and launches, forest practices, accessory parking, water- oriented recreational development, trails, and signs are listed as permitted uses in the Shoreline Residential Environment and the Rural Conservancy Environment. Bridges for motorized or non-motorized uses are listed as Conditional Uses in the Shoreline Residential Environment and the Rural Conservancy Environment. The project is consistent with these criteria.

SMP 5.04 Development Standards: Shoreline Height: A. To limit the obstruction of views from public property or residences, the SMP Table 5-2: Shoreline Height Regulations sets the maximum height for new or expanded buildings or structures above average grade level in shoreline jurisdiction. B. The following structures are exempt from the shoreline height standard requirements: dams, shipping cranes or other freight moving equipment, power

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Staff Report for APL20-0001 of SEP19-0020 and SHD19-0005 – LCPW – Cowlitz River Public Access Point Day-use Area

or light poles, bridges, chimneys, tanks, towers, cupolas, steeples, flagpoles, smokestacks, silos, elevators, fire or parapet walls, open railings, and/or similar necessary building appurtenances. These structures may exceed the shoreline height limit provided all other requirements of the County are met and no usable floor space above the shoreline height limit is added.

Staff Response: The wildlife nesting boxes are proposed to be 20 feet above grade and the vault toilet facility is 12 foot in height at the roof ridgeline (17 feet at the top of the vents). No structures are proposed to exceed the 35-foot shoreline height limit in the Shoreline Residential Environment and the Rural Conservancy Environment. The project is consistent with these criteria.

SMP 5.07 Boating and Water Access Facilities: Regulations: A. Location Standards 1. New boating and access facilities shall maintain the rights of navigation on the waters of the State. 2. Boating and other water access facilities shall be sited and designed to ensure no net loss of shoreline ecological functions. 3. Boating and other water access facilities shall meet WDNR requirements and other State guidance if located in or over State-owned aquatic lands. 4. Boating and water access facilities shall be located where: a. There is adequate water mixing and flushing; b. Such facilities will not adversely affect flood channel capacity or otherwise create a flood hazard; c. Water depths are adequate to minimize spoil disposal, the placement of fill, beach enhancement, and other channel maintenance activities; and d. Water depths are adequate to prevent the facility from grounding out at the lowest low water or the facility includes stoppers to prevent grounding. 5. Boating and water access facilities shall not be located: a. Along braided or meandering river channels where the channel is subject to change in alignment; b. On point bars or other accretion beaches; c. Where new dredging or new ongoing maintenance dredging will be required; d. In areas with important habitat for aquatic species or where wave action caused by boating use would increase bank erosion rates; or e. In areas where it would be incompatible with the need to protect the public health, safety, and welfare. 6. Boating and water access facilities shall be designed to ensure that lawfully existing or planned public shoreline access is not blocked, obstructed, or made dangerous. 7. Major boating and water access facilities, such as marinas, shall be located only where adequate utility services are available, or can be provided concurrently.

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Staff Report for APL20-0001 of SEP19-0020 and SHD19-0005 – LCPW – Cowlitz River Public Access Point Day-use Area

B. General Design Standards for Boating and Water Access Facilities 1. All boating and water access facilities shall be designed and operated to avoid or minimize impacts. Unavoidable impacts must be mitigated consistent with the mitigation sequence in SMP Section 4.03 and critical areas in SMP Section 4.04. 2. All boating and water access facilities and shoreline modifications to support these uses shall be the minimum size necessary to accommodate the anticipated demand for the facility. 3. Boating and water access facilities shall be designed to provide physical and/or visual public access to the shoreline for as many water-oriented recreational uses as feasible, commensurate with the scale of the proposal, including, but not limited to, physical and visual access to waterbodies, public piers, or fishing platforms. 4. Project applicants shall comply with all local and State policies and regulations, including all applicable health, safety, and welfare requirements associated with the primary or accessory use. These standards include but are not limited to WDNR and WDFW standards and regulations including Hydraulic Code Rules (Chapter 220-660 WAC). 5. All boating or water access facilities shall be constructed and maintained in a safe condition. Abandoned or unsafe boating or water access facilities shall be removed or repaired promptly by the owner. 6. Wooden components of boating or water access facilities that will be in contact with water or installed over water shall not be treated or coated with herbicides, fungicides, paint, pentachlorophenol, arsenate, creosote, or similar toxic substances. Boating or water access facilities shall be made out of materials that have been approved by applicable State and Federal agencies. 7. Lighting associated with boating or water access facilities shall be shielded to avoid causing glare on adjacent properties or waterbodies. Illumination levels shall be the minimum necessary for safety. 8. Boating or water access facilities must be limited to day moorage only. No live-aboard vessels or floating homes are allowed. 9. Upland boat storage may be allowed within the shoreline jurisdiction provided impervious surface limitations and other standards are met, mitigation sequencing is followed, and impacts can be mitigated to achieve no net loss. C. Supplementary Standards for Boat Ramps, Launches, and Rails 1. New boat ramps and launches shall follow BMPs and the standards in WAC 220-660-150 to avoid impacts to shoreline ecological functions, such as effects to nearshore habitat. 2. Boat ramps, launches, and rails may be permitted for marinas, recreational developments, and community facilities serving more than four residential units subject to SMP Table 5-1: Permitted, Conditional, and Prohibited Uses. 3. Boat ramps, launches, and rails shall be sited to minimize impacts to aquatic and upland wildlife habitats, native emergent vegetation, fluvial

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Staff Report for APL20-0001 of SEP19-0020 and SHD19-0005 – LCPW – Cowlitz River Public Access Point Day-use Area

processes, water quality, and navigation. All facilities shall be located and designed using mitigation sequencing. 4. Boat ramps, launches, and rails shall be located where water depths are adequate to eliminate or minimize the need for dredging, the placement of fill, beach enhancement, or other maintenance activities. 5. The design of boat ramps, launches, and rails shall comply with all regulations stipulated by State and Federal agencies, affected tribes, or other agencies with jurisdiction. 6. The applicant shall demonstrate that the proposed length of a boat ramp, launch, or rail is the minimum necessary to launch the intended craft safely. In no case shall the boat launch ramp or rail extend beyond the point where the water depth is eight feet below the OHWM, unless the Shoreline Administrator determines that a greater depth is needed for a public boat launch facility. 7. Boat ramps, launches, or rails shall be designed and constructed by using methods and technology recognized and approved by State and Federal resource agencies as BMPs.

Staff Response: The project includes a non-motorized kayak/canoe/boat launch water access point. The boat launch will not be physically developed but will utilize signage designating a location for non-motorized boat access. No work will be conducted below the ordinary high water mark (OHWM) of the Cowlitz River and no alteration of the existing riverbank will be necessary for this project. The project appears to be consistent with the standards in WAC 220-660-150 (Hydraulic Code Rules – requirements for boat ramps and launches in freshwater areas).

The signage will be posted in an area with an existing gentle grade into the water which is located between existing rock barbs. As previously discussed in this report, the existing rock barbs and other existing shoreline protections were designed to withstand and protect the existing bank (and the Skate Creek Road S. Bridge) during storm events up to 100-year flood events.

The applicant has indicated this location will be monitored for continued safe water access and the signage will be moved in the future if appropriate. The applicant has proposed this location will be monitored and reassessed after significant flood events (5-year flood event or greater). If at any time in the future the site is found to be unsafe or not functioning as intended, it is anticipated another location along the shoreline will be selected and the signage moved as appropriate. Lewis County Facilities Department staff will be responsible for determining whether or not the boat launch is safe. The Memorandum of Agreement (MOA) discussed later in this staff report does not transfer responsibility of the inspections of the safety and functionality of the access point or other site facilities.

The project is for a day-use area only, therefore no lighting will be associated with the boat launch/ water access point or other areas of the day-use facility.

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Staff Report for APL20-0001 of SEP19-0020 and SHD19-0005 – LCPW – Cowlitz River Public Access Point Day-use Area

As conditioned below these criteria have been met. The following mitigation are required to be listed as Conditions of Approval for the shoreline permit:

 The non-motorized boat launch/ water access point location will be monitored and reassessed after significant flood events (5-year flood event or greater) by Lewis County Facilities Department staff. If at any time in the future the site is found to be unsafe or not functioning as intended, it is anticipated another location along the shoreline will be selected and the signage moved as appropriate. Any Memorandum of Agreement (MOA) for maintenance activities of this facility shall not transfer responsibility of the inspections of the safety and functionality of the access point or other site facilities.  Prior to the issuance of the grading permit (G19-00032) for the entire project, the applicant shall either obtain a Hydraulics Permit Application (HPA) approval from Washington State Department of Fish & Wildlife (WDFW) for the project or provide documentation from WDFW that an HPA is not required.  The boat launch/ water access point is a day-use facility only. No lighting shall be associated with this project.

SMP 5.09 Forest Practices: Regulations: A. All forest practices, including forest conversions, undertaken on shorelines shall comply with the applicable policies and provisions of the FPA, the SMP, Chapter 76.09 RCW as amended, and Chapter 222 WAC. B. Preparatory work associated with the conversion of land to non-forest practices or developments shall: 1. Limit the conversion to the minimum necessary to accomplish the purpose and intent of the SMP on the subject property. 2. Ensure no net loss of shoreline ecological functions or significant adverse impacts to shoreline uses, resources, and values provided for in RCW 90.58.020 such as navigation, recreation, and public access. 3. Demonstrate that conversion practices are conducted in a manner consistent with the shoreline environment designation in which they are located. C. Within shoreline jurisdiction along Shorelines of Statewide Significance, only selective commercial timber cutting may be permitted so that no more than 30% of the merchantable timber may be harvested in any ten-year period. 1. Other timber harvesting methods may be permitted with a shoreline conditional use permit in those limited instances where the topography, soil conditions, or silviculture practices necessary for regeneration render selective logging ecologically detrimental. 2. Clear cutting of timber solely incidental to the conversion and preparation of land for uses authorized in the SMP may be permitted.

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Staff Report for APL20-0001 of SEP19-0020 and SHD19-0005 – LCPW – Cowlitz River Public Access Point Day-use Area

Staff Response: The project is located in shorelines designated as Shorelines of Statewide Significance and will convert approximately 0.67 acres of the 4.12 acres of the project area within the shoreline jurisdiction. The 0.67 acres will include the parking area, a portion of the access road to the parking area and the ADA vault toilet building. The conversion area will remove approximately 89 trees, and an additional 28 trees will be selectively cleared for the placement of the redi-rock retaining wall (by the ADA vault toilet building access ramp), infiltration pond/swale and the recreational looped gravel trail. Only five (5) of the trees to be removed are within the 150-foot shoreline buffer. As previously stated in this report, the removal of the native vegetation will be replaced at a minimum 1:1 ratio. As conditioned in this staff report, the project is consisted with the criteria.

SMP 5.12 Parking: Regulations: A. Parking facilities are allowed only as accessories to authorized shoreline uses. Stand-alone parking facilities not supporting an authorized primary use are prohibited in shoreline jurisdiction. B. Parking facilities in shoreline jurisdiction shall be located upland from the principal use or structure being served, except in the following cases: 1. When parking facilities are within or beneath the structure and adequately screened. 2. Where the existing configuration of a commercial or industrial building has parking situated between the structure and the shoreline. No expansion of the parking area towards the water shall be allowed. 3. When parking to address specific Americans with Disabilities Act requirements is required and cannot be placed in another location. C. Exterior parking facilities shall be designed and landscaped to minimize adverse impacts to adjacent and abutting properties in shoreline jurisdiction. D. Existing parking areas that are of a non-paved surface, such as gravel, may be paved provided such facilities comply with all applicable water quality, stormwater, landscaping, and other applicable requirements and regulations. Paved parking areas shall be designed to incorporate LID practices, such as permeable surfaces and bioswales, to the extent feasible.

Staff Response: The proposed parking area is accessory to the recreational trail and non-motorized boat launch water access point and is located outside of the 150-foot shoreline buffer. The planting plan includes landscaping with native plants between the parking area and the adjacent residential properties (Staff Exhibit 2 – specifically the burden of proof statement and Appendix A – Site Development Plan).

The applicant has indicated if future funding become available, the 24-foot access driveway and parking area could be paved (Staff Exhibit 12). The parking area and infiltration pond are required to meet applicable water quality standards and local and state stormwater regulations. The applicant has indicated the facility is designed to incorporate LID practices including an infiltration

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Staff Report for APL20-0001 of SEP19-0020 and SHD19-0005 – LCPW – Cowlitz River Public Access Point Day-use Area

(bioswales) pond area. As conditioned in this staff report, these criteria have been met. The following are required to be listed as Conditions of Approval for the shoreline permit:

 The Lewis County Stormwater Permit shall review the design of the 24- foot wide access driveway and parking area as paved, not just gravel, as the applicant has indicated paving of these components could happen in the future if funding becomes available.

SMP 5.13 Recreational Development: Regulations: A. Recreational uses and facilities proposed within the shoreline jurisdiction shall be primarily designed to promote access, enjoyment, and use of the water and Shorelines of the State. Non-water-related recreational uses shall predominantly be located outside of the shoreline jurisdiction. B. Where recreation facilities include overwater structures designed for public access to shorelines, such as public viewing or fishing platforms, the structures shall comply with the relevant requirements of SMP Section 5.07. C. Where applicable, an applicant shall submit plans that demonstrate the BMPs and methods to be used to prevent chemical applications and resultant leachate from entering adjacent waterbodies. D. Recreational facilities shall make adequate provisions, such as screening, buffer strips, fences, and signs, to minimize impacts to neighbors and prevent the overflow of pedestrians onto adjacent private properties. E. Wildlife viewing structures and permeable trails or raised boardwalks are allowed within shoreline and wetland buffers in accordance with the mitigation sequence in SMP Section 4.03 and the critical area regulations in SMP Section 4.04. F. Trails shall be planted or landscaped to provide a visual buffer for adjoining dissimilar uses or scenic areas. The Shoreline Administrator may condition proposals to: 1. Select species that are suitable for the local climate and have minimal demands for water, minimal vulnerability to pests, and minimal demands for fertilizers; and 2. Incorporate native species. G. Recreational development proposals shall include facilities for water supply, wastewater, and garbage disposal in conformance with County standards. H. Recreational development shall be located, designed, and constructed in a manner that assures no net loss of shoreline ecological functions.

Staff Response: The project is in compliance with the applicable requirements of SMP Section 5.07 as listed above. The project proposes to retain a minimum 20-foot vegetated buffer along the property line of the proposed recreation area, to plant and hydroseed 0.39 acres of vegetative buffer to minimize impacts to neighbors. The boundary markings and signs will prevent the overflow of pedestrians onto adjacent private properties.

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Staff Report for APL20-0001 of SEP19-0020 and SHD19-0005 – LCPW – Cowlitz River Public Access Point Day-use Area

A portion of the looped gravel trail is located within the shoreline buffer. The project will require the removal of five (5) trees and 0.27 acres of vegetation within the shoreline buffer. Approximately 0.27 acres of vegetation will be revegetated within the shoreline buffer, including the planting of 86 trees and 12 conifers (to be felled with root wads) to be placed within the designated shoreline. As previously reviewed in this staff report, the planting plan compensates the removal of native vegetation at a minimum of a 1:1 ratio within the shoreline buffer to ensure no net loss of functions. The entire project area within the shoreline jurisdiction will have a minimum of replanting/ hydroseeding of 0.50 acres of native vegetation, including 106 trees to be planted.

The proposed ADA vault toilet facility will not require utilities or water service. Garbage pickup is proposed to occur by the Packwood Improvement Club (PIC). The applicant submitted a proposed Memorandum of Agreement (MOA) between Lewis County and the PIC (Staff Exhibit 2). Comments received indicated the document was not scanned properly and pages were missing on the web link. The submitted document has been re-scanned and is included as Staff Exhibit 22.

In the MOA, the PIC will provide ground maintenance services, including garbage removal and custodial services, pay all operational costs relating to grounds maintenance, provide gate opening and closing (no overnight camping), and provide security for the park. Lewis County will pay for pumping the pit toilet (ADA Vault Toilet Facility) and ensure an adequate inventory of custodial supplies on hand locally to facilitate PIC maintenance of the facility. The MOA also states, the Cowlitz River Access Park shall remain a park within the Lewis County park system. Item number 7 of the MOA states in part, “In the event that the PIC fails to maintain the park adequately, Lewis County reserves the right to reassume operation of the park or to advertise for and retain other organizations to operate the park”. Public Works has also responded to the concerns of the on- going operation of the park facility (Staff Exhibit 12). Public Works indicated that if it determined at some time in the future that the PIC cannot fulfill the responsibilities in the MOA, the Lewis County Facilities Department will be responsible for ensuring the obligations are met. Since the MOA document is an unsigned draft, the applicant will need to provide a copy of the signed final MOA to show compliance with the shoreline criteria.

As conditioned, the project is in compliance with this criteria. The following are required to be listed as Conditions of Approval for the shoreline permit:

 A signed copy of the memorandum of agreement (MOA) between Lewis County and the Packwood Improvement Club shall be submitted to the Community development Department prior to the final approval of the grading permit (G19-00032) and prior to the operation of the day-use facility.

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Staff Report for APL20-0001 of SEP19-0020 and SHD19-0005 – LCPW – Cowlitz River Public Access Point Day-use Area

 As part of the Lewis County Park System, the day-use facility operations shall meet the criteria of Lewis County Code (LCC) Chapter 12.05 – County Park Use.  Lewis County Facilities Department is ultimately responsible for the oversight of the on-going maintenance of the day-use facility, whether through contract or directly if the contractor fails to do so.

SMP 5.15 Signs: Regulations: A. Signs shall comply with applicable County regulations. B. All signs shall be located and designed to minimize interference with visual access to shoreline jurisdiction. C. Signs may be allowed if they: 1. Do not obstruct sight distance of drivers and non-motorized roadway users; 2. Conform with Washington State Department of Transportation (WSDOT) standards for signs on public highways; and 3. Meet one of the following two conditions: a. Are official in nature, such as traffic control, wayfinding, monument, historic, or cultural site markers, etc., and are located within the public right-of-way; or b. Are located on the public or private property that contains the use advertised.

Staff Response: The project includes the installation of boundary signs, interpretive signs, hour of operation signs and the location sign for the boat launch water access area. As conditioned, the project is in compliance with this criteria. The following are required to be listed as Conditions of Approval for the shoreline permit:

 Signs shall be installed and located to minimize interference with visual access to the shoreline jurisdiction.  Signs will not be installed in locations that obstruct sight distance of drivers and non-motorized roadway users.

SMP Chapter 6: Shoreline Modification Regulations:

SMP 6.01 Shoreline Modification Table:

Staff Response: The project includes clearing, grading and filling activities landward of the OHWM. Table 6-1 lists clearing and grading activities and the placement of fill landward of the OHWM as permitted uses in both the Rural Conservancy Environment and the Shoreline Residential Environment.

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Staff Report for APL20-0001 of SEP19-0020 and SHD19-0005 – LCPW – Cowlitz River Public Access Point Day-use Area

SMP 6.02 Shoreline Modification Provisions: Regulations: A. Structural shoreline modifications may be allowed if they are demonstrated to be necessary to support or protect a legally permitted shoreline structure or use that is in danger of loss or substantial damage or are necessary for mitigation or enhancement. B. Shoreline modifications shall be limited in number and extent. C. The Shoreline Administrator shall base all decisions regarding shoreline modification on available scientific and technical information and a comprehensive analysis of site-specific conditions provided by the applicant. D. Shoreline modifications must be designed and located to ensure that they will not result in a net loss of shoreline ecological functions and will not have significant adverse impacts to shoreline uses, resources, and values provided for in RCW 90.58.020. E. Shoreline modifications and uses shall be designed and managed to prevent degradation of water quality and alteration of natural hydrographic conditions. F. Shoreline modification standards shall not apply retroactively to existing, legally established shoreline modifications. Existing structures may be maintained, repaired, and operated within shoreline jurisdiction and within the shoreline buffers established in the SMP. Repair and replacement provisions in later sections of this chapter may apply to specific modifications. G. All disturbed upland areas shall be restored and protected from erosion by using native vegetation or other means. H. All shoreline modifications are subject to the mitigation sequence in SMP Section 4.03, with appropriate mitigation required for unavoidable impacts to ecological functions. If critical areas in shoreline jurisdiction are impacted, the project is also subject to relevant requirements of SMP Section 4.04.

Staff Response: The project includes shoreline modifications for the access road, parking area, stormwater infiltration system for the parking area, the ADA vault toilet facility and the looped gravel pathway including the 35-foot log stringer pedestrian bridge in the pathway. The shoreline modifications are designed to minimize the disturbance to the shoreline. As previously stated in this report, all disturbed upland areas shall be restored and protected from erosion using native vegetation or other means. Disturbed areas outside of the gravel surfaces will be hydroseeded after construction. The parking area, access road and path will be compacted gravel to provide an all-weather finished surface. If funds are available in the future, the access road and parking could be paved. With established vegetation and compacted road/parking area, the site will stabilized from erosion. Future minor gravel maintenance will restore compacting/grading (if needed) and will not require removal of adjacent vegetation thereby preserving established erosion control measures. The project was reviewed above for compliance with SMP Section 4.03 and SMP Section 4.04. As conditioned in this staff report, the project meets these regulations.

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Staff Report for APL20-0001 of SEP19-0020 and SHD19-0005 – LCPW – Cowlitz River Public Access Point Day-use Area

SMP 6.03 Clearing, Grading and Fill: Regulations: A. Clearing, grading, and the placement of fill shall be minimized to the extent feasible and only allowed when necessary to accommodate an approved shoreline use or development. B. All clearing, grading, and the placement of fill shall be located, designed, and constructed to protect shoreline ecological functions and ecosystem-wide processes, including channel migration. C. Speculative clearing, grading, and the placement of fill are prohibited. D. When clearing, grading, or the placement of fill will cause adverse impacts to ecological functions, a mitigation plan, prepared by a qualified professional, must be completed consistent with the provisions of SMP Section 4.04. E. Clearing, grading, and the placement of fill within wetlands, floodways, or CMZs, and/or the placement of fill waterward of the OHWM, is only allowed when: 1. Due consideration has been given to the site specific conditions; 2. All impacts have been mitigated; 3. All required State and Federal permits, and necessary approvals from WDNR for State-owned aquatic lands, have been obtained; and 4. The shoreline use or development is one of the following: a. A water-dependent use or public access to the shoreline; b. The cleanup and disposal of contaminated sediments as part of an interagency environmental clean-up plan; c. The disposal of dredged material considered suitable under, and conducted in accordance with, the WDNR’s Dredged Material Management Program and the United States Army Corps of Engineers’ (USACE) Dredged Material Management Office. See also SMP Section 6.04; d. The expansion or alteration of transportation facilities of statewide significance that are currently located in the shoreline, where alternatives to fill are infeasible; e. Ecological enhancement, restoration or mitigation, when consistent with an approved plan; or f. The protection of historic or cultural resources when fill is the most feasible method to avoid continued degradation, disturbance, or erosion of a site. Such fill must be coordinated with any affected tribes and comply with applicable provisions of SMP Section 4.02. F. Upland clearing, grading and the placement of fill outside of wetlands, floodways, and CMZs is permitted provided it: 1. Is the minimum necessary to implement the approved use or modification; 2. Does not significantly change the topography of the landscape in a manner that affects hydrology or increases the risk of slope failure, consistent with the applicable provisions of SMP Section 4.04; and 3. Is conducted outside required shoreline buffers, unless specifically authorized by the SMP, or is necessary to provide protection to historic or cultural resources.

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G. Grading, the placement of fill, and beach nourishment shall be designed to blend physically and visually with the existing topography whenever feasible, so as not to interfere with lawful access and enjoyment of scenery. H. Clearing, grading, and the placement of fill shall not be located where shoreline stabilization will be necessary to protect the materials placed or removed, except when part of an approved plan for the protection of historic or cultural resources, or as part of an approved environmental cleanup plan or project. I. Cut and fill slopes shall generally be sloped no steeper than one foot vertical for every two feet horizontal (1:2) unless a specific engineering analysis has been provided that demonstrates the stability of a steeper slope. J. A temporary erosion and sediment control plan, including BMPs, consistent with the County’s stormwater manual, shall be submitted to and approved by the Shoreline Administrator prior to commencement of all clearing, grading, and fill activities. K. To prevent a loss of flood storage, compensatory storage shall be provided commensurate with the amount of fill placed in the floodway per SMP Section 4.05. L. The placement of fill on State-owned aquatic lands must comply with WDNR and WDFW standards and regulations.

Staff Response: The clearing, grading and filling activities are proposed to be the minimum needed for the construction of the Cowlitz River Public Access Point Day-use Area. No speculative clearing, grading or fill placement is proposed. The project will remove a total of 1.23 acres of vegetation within the designated shoreline, including 117 trees. The project proposes to replant/ hydroseed 0.50 acres of native vegetation within the designated shoreline, including 106 trees. The removal of native vegetation within the shoreline buffer will be compensated at a minimum 1:1 ratio (0.27 acres removed and then replanted) and 12 conifers (to be felled with root wads) will be placed within the designated shoreline.

The construction of the project will require the excavation of 2,551 cubic yards of material and the placement of 1,881 cubic yards of fill material. All excavated material that is not utilized on site will be taken off site to a government approved pit or fill site. The fill material will consist of:

 1,351 cubic yards crushed surface base course (CSBC) for the access road and parking area;  210 cubic yards of crushed surface top course (CSTC) for the looped gravel pathway;  50 cubic yards of CSTC for the ADA vault toilet facility, access path around the ADA vault toilet facility and the base for the retain wall for the access path;  261 cubic yards of gravel borrow material for the ADA vault toilet facility, access path around the ADA vault toilet facility and the base of the retaining wall for the access path; and,  9 cubic yards of CSBC for the ADA vault toilet facility.

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Staff Report for APL20-0001 of SEP19-0020 and SHD19-0005 – LCPW – Cowlitz River Public Access Point Day-use Area

The gravel looped pathway (trail) and a portion of the parking area are located within the floodway and the CMZ. As previously discussed in this staff report the project, as conditioned, meets the requirements related to development in the floodplain, floodway and/or CMZ. The proposed project is a water-dependent use and public access to the shoreline. The proposed clearing and grading will not significantly alter the topography of the landscape in a manner that affects hydrology or increases the risk of slope failure and is consistent with SMP Section 4.04. The clearing and grading located within the 75 foot shoreline buffer is necessary for approximately 355 feet of the gravel looped pathway that provides access to the non-motorized boat launch, fishing access and water views, and is consistent with SMP Section 4.04.

As previously discussed in this staff report, the project will require a Construction Stormwater General Permit and a detailed Stormwater Pollution Prevention Plan (SWPPP) approval from the Washington State Department of Ecology (ECY) and a stormwater plan review from Lewis County. The SWPPP includes the temporary and permeant erosion control measures and best management practices (BMPs) be implemented for the project. On-going long term site inspection and maintenance of erosion control will be completed by the Lewis County Facilities Department staff similar to other parks in the Lewis County Park System. The project is in compliance with SMP Section 4.05 for prevention of loss of flood storage and is previously conditioned to meet the requirements of the flood development permit (FD19-00041). The project does not include any placement of fill on State-owned aquatic lands or any placement of fill below the OHWM.

As conditioned, the project is in compliance with this criteria. The following mitigation are required to be listed as Conditions of Approval for the shoreline permit:

 All excavated material that is not utilized on site will be taken off site to a government approved pit or fill site.  Cut and fill slopes shall generally be sloped no steeper than one foot vertical for every two feet horizontal (1:2) unless a specific engineering analysis has been provided that demonstrates the stability of a steeper slope. Documentation will be included in the grading permit (G19-00032).

SMP Chapter 7: Shoreline Administration:

SMP 7.02 Permit Processing – General: Shoreline Administrator A. The Shoreline Administrator shall be responsible for the administration of the permit system in accordance with the requirements of the SMA and regulations adopted as part of the SMP as it pertains to the County. This shall include, but not be limited to, determinations of whether a development is exempt or requires a shoreline substantial development permit, conditional use permit, or variance.

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B. The Shoreline Administrator shall ensure that administrative provisions are in place so that SMP permit procedures and enforcement are conducted in a manner consistent with relevant constitutional limitations on regulation of private property. C. Administrative Interpretations 1. The Shoreline Administrator shall have authority to interpret this SMP when such interpretation is clearly consistent with the goals and policies of the SMP and the SMA. 2. As part of this process, the Shoreline Administrator shall consult with Ecology to insure that formal written interpretations are consistent with the purpose and intent of the SMA and Chapter 173-26 WAC. 3. Formal interpretations shall be kept on file by the County and shall be available for public review, and shall periodically be incorporated into the SMP during required update processes. D. The Shoreline Administrator shall review every application that is submitted and determine if the application is complete based upon the information required by this section. E. The Shoreline Administrator may recommend conditions to the Hearing Examiner for the approval of permits as necessary to ensure consistency of the project with the SMA and the SMP.

Staff Response: The application packet and supplemental materials have been reviewed. This staff report provides recommended conditions to the Hearing Examiner for the approval of shoreline permits to ensure consistency of the project with both the SMA and the County’s SMP. As conditioned, the project will meet these regulations.

Provisions Applicable to all Shoreline Permits A. Unless specifically exempted by statute (see RCW 90.58.355), all proposed uses and development occurring within shoreline jurisdiction must conform to the development standards in the LCC, Chapter 90.58 RCW, the SMA, and this SMP, whether or not a permit is required. B. No authorization to undertake a use or development on Shorelines of the State shall be granted by the County, unless, upon review, the use or development is determined to be consistent with the policy and provisions of the SMP. C. Applications for shoreline substantial development permits, conditional use permits, and variances shall be processed in accordance with the provisions of this SMP. D. The applicant shall meet all of the review criteria for all development found in WAC 173-27-140. E. A shoreline substantial development shall not be undertaken within the County unless a shoreline substantial development permit has been obtained, the appeal period has been completed, and any appeals have been resolved. F. All purchasers or transferees of property shall comply with the provisions of the SMA, the SMP, and any shoreline substantial development permit, conditional use permit, variance, permit revision, or letter of exemption.

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Staff Response: As conditioned in this staff report, the project will meet these regulations.

Application Requirements Applications for shoreline permits or letters of exemptions shall be made on forms provided by the Shoreline Administrator. An applicant for a shoreline substantial development permit, who wishes to request a shoreline conditional use permit or variance, shall submit the shoreline conditional use permit or variance application(s) and the shoreline substantial development permit application simultaneously. Applications shall be substantially consistent with the information required by WAC 173-27-180 and include any additional submittals deemed necessary by the Shoreline Administrator for proper review of the proposal.

Staff Response: The application form requirements have been met. The JARPA application was submitted for the appropriate applications (Staff Exhibit 2).

SMP 7.03 Application – Notices: The following is applicable for the notice requirements of all notices related to actions under the SMP: A. Within 14 days from making a determination of complete application, the Shoreline Administrator shall provide public notice of the application. Notice of environmental review under SEPA (Chapter 43.21C RCW) may be combined with the application notice. B. The public notice shall include: 1. The date the application was made and the date the application was determined to be complete; 2. A description of the proposed project action and a list of the project permits included in the subject application; 3. The identification of other permits not included in the subject application, if known; 4. The identification of existing environmental documents that evaluate the proposed project and where such documents may be reviewed; 5. A statement of the public comment period, which shall be at least 30 days; 6. The date, time, and place of the public hearing, if any; 7. A statement of preliminary determination, if one has been made; and 8. Any other information determined appropriate by the Shoreline Administrator. C. The Shoreline Administrator shall provide notice by at least one of the following noticing methods: 1. Mailing the notice to the most recent real property owners within 300 feet of the property boundary of the subject proposal as shown by the records of the Lewis County Assessor; 2. Posting the notice in a conspicuous manner on the property upon which the project is to be undertaken; or 3. Publishing the notice in the local newspaper.

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4. Any other manner deemed appropriate by the Shoreline Administrator to accomplish the objectives of reasonable notice to adjacent landowners and the public. D. The notification system shall also provide notice to all agencies with jurisdiction in the proposal per Chapter 43.21C RCW and to all other agencies that request in writing any such notice. E. The Shoreline Administrator shall give notice of the application no less than 30 days prior to permit issuance. F. When a public hearing is required, public notice shall be given at least 15 days before the public hearing. The notice shall include a statement that a person desiring to present his/her views may do so orally or in writing at the public hearing, or may submit written comments prior to the public hearing which will be provided to the Hearing Examiner. G. The public notice shall also state that a person interested in the Hearing Examiner action on an application for a permit may notify the Shoreline Administrator of his/her interest in writing within 30 days of the last date of publication of the notice. Such notification to the Shoreline Administrator or the submission of views to the Hearing Examiner shall entitle said persons to a copy of the action taken on the application.

Staff Response: Notice of complete application (Staff Exhibit 9), shoreline notice of application (Staff Exhibit 2 – Notice of Application) and shoreline notice of public hearing (Staff Exhibit 14) were all issued meeting the notice requirements for this project.

SMP 7.04 Shoreline Permits and Approvals: Shoreline Substantial Development Permits A. An applicant shall meet all of the review criteria for a shoreline substantial development permit listed in WAC 173-27-150. B. A shoreline substantial development permit shall be granted by the Shoreline Administrator without a public hearing unless the Shoreline Administrator determines that the proposed development is one of broad public significance and requires a public hearing before the Hearing Examiner. C. If a public hearing is required, the Hearing Examiner shall grant a shoreline substantial development permit with conditions after the Shoreline Administrator completes a recommendation to the examiner that may contain conditions for the approval of permits as necessary to assure consistency of the proposal with the above criteria.

Staff Response: As reviewed and conditioned above, the shoreline substantial development permit portion of the project will meet these criteria. Since a shoreline conditional use permit is also required, the entire project will be issued through the public hearing process.

Shoreline Conditional Use Permits A. The criteria in WAC 173-27-140 and WAC 173-27-160 shall constitute the minimum criteria for review and approval of a shoreline conditional use permit.

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Additional criteria may be considered when deemed necessary by the Shoreline Administrator in accordance with WAC 173-27-210. B. Uses that are not classified or set forth in the SMP may be authorized as conditional uses provided the applicant can demonstrate consistency with the requirements of this section and the requirements for conditional uses contained in the SMP. C. Uses that are specifically prohibited may not be authorized. D. The Hearing Examiner may attach conditions to the approval of permits as necessary to assure consistency of the proposal with the above criteria. E. The decision of the Hearing Examiner shall be the final decision of the County. Ecology shall be the final authority authorizing a shoreline conditional use permit consistent with WAC 173-27-200.

Staff Response: As reviewed and conditioned above, the shoreline conditional use permit portion of the project will meet these criteria.

SMP 7.05 Public Hearings and Decisions: Burden of Proof For Development Conformance A. The burden of proving that the proposed development is consistent with the criteria set forth in the SMP, as well as the requirements of the SMA shall be on the applicant.

Staff Response: The applicant has provided the JARPA application and the burden of proof statement (Staff Exhibit 2). Additionally, the applicant responded to the appeal documents (Staff Exhibit 12). This criterion has been met.

Public Hearing Process A. The Hearing Examiner shall hold a single open record public hearing for each application that requires a public hearing. This open record hearing shall combine any hearings for a shoreline conditional use permit or variance, and each substantial development permit where the conditions of SMP Section 7.04.01(A) are met. The Hearing Examiner will make the final decision on the proposal at a closed record hearing. B. If, for any reason, testimony on a matter set for public hearing, or being heard, cannot be completed on the date set for such hearing, the Hearing Examiner may, before adjournment or recess of such matters under consideration, publicly announce the time and place of the continued hearing and no further notice is required. C. When the Hearing Examiner renders the final decision, the Hearing Examiner shall make and enter written findings from the record and conclusions thereof, which support the decision. The findings and conclusions shall set forth the manner in which the decision is consistent with the criteria set forth in the SMA and County regulations.

Staff Response: The open record hearing before the Lewis County Hearing Examiner for the shoreline permits is scheduled for July 30, 2020 after the completion of the SEPA Appeal Hearing. Once the decision on the shoreline

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permit is issued, it will be transmitted to Ecology in the appropriate format meeting these criteria.

RECOMMENDATIONS

SEPA APPEAL:

Staff recommends the SEPA Threshold Determination of Non-Significance (SEP19-0020) issued on March 17, 2020 for the Shoreline Substantial Development Permit and Shoreline Conditional Use Permit (SHD19-0005) to develop a 5.06 acre area into a day-use only public access point to the Cowlitz River in Packwood, as a local recreational facility be retained and the SEPA Appeal (APL20-0001) be dismissed and this staff report including all findings and recommendations be incorporated by reference into the record of the SEPA decision.

SHORELINE SUBSTANTIAL DEVELOPMENT AND SHORELINE CONDITIONAL USE PERMIT:

Staff Conclusions for Shoreline Permit:

After review of the shoreline permit application, its drawings, site plans, designs, reports, studies and mitigation plans, the following are staff conclusions regarding the proposed project.

The project complies with the State Environmental Policy Act, the Lewis County Code (LCC) Chapter 17.35A (Critical Areas), the applicable provisions of the 2017 Lewis County Shoreline Master Program, RCW 90.58 and WAC 173-27.

Staff Recommendations for Shoreline Permits:

The staff recommendation is the Hearing Examiner approve the shoreline substantial development permit and shoreline conditional use permit with appropriate conditions citing specific regulations from the above referenced master program provisions and forward the local approval to the Washington State Department of Ecology with the recommendation of final approval. The following are recommended shoreline permit development terms and conditions (Conditions of Approval):

1. The applicant/ property owner shall comply with the conditions of development identified in the Land Development Review file number LDR19-0049 as corrected on June 5, 2020 (Staff Exhibit 11). If there is a conflict between and the LDR conditions of approval and another permit’s conditions of approval, the more restrictive conditions of approval shall apply. 2. Twelve conifers, to be felled with root wads, are to be placed within the shoreline area of this project and wildlife nesting boxes shall be installed throughout the project area. 3. The applicant shall follow the Planting Plan submitted in the burden of proof statement Appendix A – Site Development Plan.

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4. In the event any archaeological or historic materials are encountered during project activity, work in the immediate area (initially allowing for a 30 foot to 100 foot buffer; this number may vary by circumstance) must stop and the following actions taken: 1) Implement reasonable measures to protect the discovery site, including any appropriate stabilization or covering; 2) Take reasonable steps to ensure the confidentiality of the discovery site; and 3) Take reasonable steps to restrict access to the site of discovery. 5. The project proponents will notify the concerned Tribes and all appropriate county, state, and federal agencies, including the Department of Archaeology and Historic Preservation (DAHP). The agencies and Tribe(s) will discuss possible measures to remove or avoid cultural materials, and will reach an agreement with the project proponent regarding actions to be taken and disposition of material. 6. If human remains are uncovered, appropriate law enforcement agencies shall be notified first, and the above steps will be followed. If the remains are determined to be Native, consultation with the affected Tribes will take place in order to mitigate the final disposition of said remains. 7. All project work completed for this project will be above the Ordinary High Water Mark (OHWM) of the Cowlitz River. 8. Regional Road Maintenance Best Management Practices (BMPs) will be implemented; these include staking of project limits, installation of silt fencing, installation of straw wattles, and the marking or clearing limits in the field to minimize vegetation disturbance. 9. Any/all disturbed soil that is not being worked, whether at final grade or not, shall be hydro seeded within 2 to 7 days as appropriate (within 2 days from October 1st through April 30th and within 7 days from May 1st through September 30th). 10. The gravel parking area, gravel access road and gravel looped pathway exceeds 5,000 square foot of disturbed area and will require a Lewis County Stormwater Permit in addition to the Construction Stormwater General Permit (with Stormwater Pollution Prevention Plan – SWPPP) required by the Washington State Department of Ecology (ECY). 11. Riparian enhancements within the shoreline will include the planting of an 11,531 square feet area with a native riparian tree/shrub mix; mulching and hydro seeding of a 11,422 square foot area with native scrub/shrub mix; and the placement of 12 conifers, to be felled with root wads, within the designated shoreline of the project area. Wildlife nesting boxes will be placed throughout the project area to enhance wildlife viewing opportunities. 12. The standard County spill prevention control and counter-measures plan will be utilized for this project. Spill kits will be onsite (within vehicles) to treat any chemical or fluid leaks during the project construction. 13. Excavation will be monitored for potential contamination from off-site sources and/or past activities. 14. No refueling of vehicles or equipment will be allowed within 150 feet of any waterbody. 15. If an accidental spill occurs in the parking area during on-going operations of the day use area that would trigger a Washington State Department of Ecology

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(ECY) response (due to volume or type of material) Lewis County Facilities Department is responsible for the spill reporting/response/clean-up/disposal of materials according to ECY reporting guidelines. 16. Clearing of invasive, noxious non-native vegetation in shoreline buffers is allowed by hand labor or with light equipment. Removal of noxious weeds as listed by the State in Chapter 16-750 WAC is allowed in a manner consistent with State Noxious Weed Control Board regulations. Native vegetation shall be promptly reestablished in the disturbed area. 17. All areas that are cleared of vegetation in the shoreline or critical area buffers that are not developed will be replanted within one year with native plant. 18. Replanted areas shall be planted and maintained such that within three years the vegetation cover is at least 90% reestablished. 19. Non-native species on the County’s list of invasive species shall not be allowed to be used to revegetate cleared areas. 20. In advance of a predicted flood event, the facility will be temporarily closed to the public. Once the flood event is over and any flood waters have receded, Lewis County Facilities Department staff will evaluate the facility and repair any damage (with proper permits, if needed) before re-opening the facility to the public. 21. Following a severe earthquake, Lewis County Facilities Department staff will temporarily close the facility to the public, evaluate any damage and repair any differential settlement within the facility (with proper permits, if needed) before re-opening the facility to the public. 22. The review, issuance and construction activities of the building permits for 35- foot pedestrian bridge (B19-00630) and the pre-cast concrete ADA vault toilet facility (B19-00631) shall conform to applicable seismic analysis and all applicable design criteria of the International Building Code as part of the building permit review. 23. The project development shall be in compliance with the conditions of approval of the flood development permit (FD19-00041) and the fill/grading permit (G19- 00032). 24. Park boundary signs shall be installed along the boundary lines to clearly identify the separation of public property from the adjacent private properties. 25. The applicant shall undertake a minimum of 0.39 acres of vegetative plantings and hydroseeding (Planting Zone A and Hydroseeding Area) as shown in the Burden of Proof Statement – Appendix A – Site Development Plan. 26. Access gates and signs limiting the facility use to day-use hours of operation shall be installed prior to operation of the recreational facility. 27. Physical development of the recreational facility and all conditions of approval shall be complete/met prior to operation of the recreational facility. 28. The applicant shall implement a Construction Stormwater Pollution Prevention Plan (SWPPP) that satisfies the requirements of the NPDES General Permit for Stormwater Discharges Associated with Construction Activities. The SWPPP will include Best Management Practices (BMP) recommended by Ecology’s 2019 Stormwater Management Manual for Western Washington and will include measures for temporary and permanent erosion and sedimentation control and

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will identify a regular inspection and maintenance schedule for all erosion control structures. 29. The temporary erosion and sedimentation control measures will be implemented at the beginning of the construction process. 30. BMPs will also include covering of exposed soils, managing runoff, and revegetating temporary disturbed soils as soon as possible following the onset of construction. 31. Prior to construction a spill prevention, control and containment (SPCC) plan will be in place, in accordance with applicable local, state and federal regulations. 32. The pre-cast concrete ADA vault toilet facility septic permit application (S19- 00226) shall conform to the applicable design criteria of LCC 8.40, provide stamped designs by a Professional Engineer, and shall submit a management program to the health officer assuring ongoing operation, monitoring and maintenance before the health officer issues the installation permit. Verification of the health officer’s approved management program shall be submitted to the Building Official as documentation prior to the issuance of the building permit for the ADA vault toilet facility (B19-00631). 33. Written verification that the ADA vault toilet facility meets the criteria of LCC 17.35A.880(4)(b)(i)-(v) shall be submitted to the Building Official as documentation prior to the issuance of the building permit for the ADA vault toilet facility (B19-00631). 34. A management plan prepared by a qualified professional to address fertilizer, herbicide, and pesticide management practices of the day-use park facility in relation to best management practices as recommended by the Cooperative Extension Service shall be provided to the Community Development Department prior to operation of the day-use facility. 35. Potentially harmful materials, including but not limited to oil, chemicals, tires, or hazardous materials, shall not be allowed to enter any body of water or wetland, or be discharged onto the land in shoreline jurisdiction, including any ditch, swale or other non-impervious surfaced area where migration to the aquifer is a reasonable likelihood. Potentially harmful materials should be stored outside of shoreline jurisdiction if feasible, and shall be maintained in safe and leak-proof containers. 36. Written verification the design of the stormwater facilities under the Lewis County Stormwater permit process includes review and compliance with LCC 17.35A.880(1)(b) and (1)(c), including but not limited to oil-water separator(s) for impervious surfaces, shall be submitted to the Community Development Department prior to the issuance of the preliminary approval of the stormwater permit and the issuance of the grading permit (G19-00032). 37. Herbicides, fungicides, fertilizers, and pesticides shall not be applied within 25 feet of a water body, except by a qualified professional in accordance with State and Federal laws. Further, pesticides subject to the final ruling in Washington Toxics Coalition, et al., v. EPA shall not be applied within 60 feet for ground applications or within 300 feet for aerial applications of the subject water bodies and shall be applied by a qualified professional in accordance with State and Federal law.

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38. The non-motorized boat launch/ water access point location will be monitored and reassessed after significant flood events (5-year flood event or greater) by Lewis County Facilities Department staff. If at any time in the future the site is found to be unsafe or not functioning as intended, it is anticipated another location along the shoreline will be selected and the signage moved as appropriate. Any Memorandum of Agreement (MOA) for maintenance activities of this facility shall not transfer responsibility of the inspections of the safety and functionality of the access point or other site facilities. 39. Prior to the issuance of the grading permit (G19-00032) for the entire project, the applicant shall either obtain a Hydraulics Permit Application (HPA) approval from Washington State Department of Fish & Wildlife (WDFW) for the project or provide documentation from WDFW that an HPA is not required. 40. The boat launch/ water access point is a day-use facility only. No lighting shall be associated with this project. 41. The Lewis County Stormwater Permit shall review the design of the 24-foot wide access driveway and parking area as paved, not just gravel, as the applicant has indicated paving of these components could happen in the future if funding becomes available. 42. A signed copy of the memorandum of agreement (MOA) between Lewis County and the Packwood Improvement Club shall be submitted to the Community Development Department prior to the final approval of the grading permit (G19- 00032) and prior to the operation of the day-use facility. 43. As part of the Lewis County Park System, the day-use facility operations shall meet the criteria of Lewis County Code (LCC) Chapter 12.05 – County Park Use. 44. Lewis County Facilities Department is ultimately responsible for the oversight of the on-going maintenance of the day-use facility, whether through contract or directly if the contractor fails to do so. 45. Signs shall be installed and located to minimize interference with visual access to the shoreline jurisdiction. 46. Signs will not be installed in locations that obstruct sight distance of drivers and non-motorized roadway users. 47. All excavated material that is not utilized on site will be taken off site to a government approved pit or fill site. 48. Cut and fill slopes shall generally be sloped no steeper than one foot vertical for every two feet horizontal (1:2) unless a specific engineering analysis has been provided that demonstrates the stability of a steeper slope. Documentation will be included in the grading permit (G19-00032). 49. The applicant shall obtain all other required local, state and federal permits and approvals.

STAFF EXHIBITS

Staff Exhibit 1 Letter to the Hearing Examiner – transmittal of record – dated May 4, 2020 Staff Exhibit 2 Electronic link to record documents through May 4, 2020 transmittal https://lewiscountywa.gov/departments/community- development/current-planning-applications/cowlitz-river-public- access-day-use/ 50

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Staff Exhibit 3 SEPA Threshold Determination of Non-Significance (DNS) Staff Exhibit 4 SEPA Appeal by Mr. Christopher Murphy Staff Exhibit 5 Hearing Examiner notice of receipt of appeal and notice of perfected appeal (Hearing No. 20-2-001) Staff Exhibit 6 Pre-Hearing Order dated May 11, 2020 setting original hearing date for June 30, 2020 Staff Exhibit 7 Request to continue hearing date due to COVID-19 closures Staff Exhibit 8 Order from Hearing Examiner dated May 21, 2020 continuing hearing date to July 30, 2020 Staff Exhibit 9 Letter to applicant – complete application to begin review Staff Exhibit 10 Land Development Review (File Number LDR19-0049) - dated March 11, 2020 Staff Exhibit 11 Corrected Land Development Review (File Number LDR19-0049) – dated June 5, 2020 Staff Exhibit 12 Public Work submittal of response to appeal documents Staff Exhibit 13 Email dated June 19, 2020 to The Chronicle (the newspaper of record) requesting publication of Hearing Notice (NOTE: The Affidavit of Publication will be available at the hearing) Staff Exhibit 14 Notice of Public Hearing, email routing list and Affidavit of Mailing dated June 19, 2020 Staff Exhibit 15 Screen shots of the County GIS layer contour map, slopes between 15 and 35 percent and slopes over 35 percent Staff Exhibit 16 Screen shot of the County GIS layer identifying regulated stream/ shoreline buffers Staff Exhibit 17 Screen shots of the County GIS layer identifying Floodplain (100 year, 500 year and Floodway), Shoreline Environment, Channel Migration Zones (CMZ) and Soil Liquefaction Susceptibility (4 pages) Staff Exhibit 18 Screen shot of the County GIS layer showing 2019 aerial photos of the development site and surrounding area Staff Exhibit 19 Screen shot of the County GIS layer showing current zoning designations of the parcel and surrounding area Staff Exhibit 20 Geomorphic Hazard Study from Northwest Hydraulic Consultants Inc. (re-scanned to provide all pages of the report) Staff Exhibit 21 Public Access Easement recorded under Auditor’s File Number (AFN) 3506736 Staff Exhibit 22 Draft Memorandum of Agreement (re-scanned to provide all pages)

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