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The proposed pier repair is exempt per WAC 197-11-800(3), Repair, Remodeling, and <br /> SEPA Review Maintenance Activities. <br /> SMP 2.4(E)(2) & WAC 173-27-040(2)(b), Normal maintenance or repair of existing <br /> structures or developments, including damage by accident, fire or elements. "Normal <br /> maintenance" includes those usual acts to prevent a decline, lapse, or cessation from a <br /> lawfully established condition. "Normal repair"means to restore a development to a state <br /> comparable to its original condition, including but not limited to its size, shape, <br /> configuration, location and external appearance, within a reasonable period after decay or <br /> Shoreline partial destruction, except where repair causes substantial adverse effects to shoreline <br /> Exemption Type resource or environment. Replacement of a structure or development may be authorized as <br /> repair where such replacement is the common method of repair for the type of structure or <br /> development and the replacement structure or development is comparable to the original <br /> structure or development including but not limited to its size, shape, configuration, location <br /> and external appearance and the replacement does not cause substantial adverse effects <br /> to shoreline resources or environment. <br /> The subject area is located within the following: <br /> • Fish &Wildlife Habitat Conservation Area (FWHCA) for Dungeness Crab and Smelt <br /> Critical Areas Spawning <br /> • Flood Zone AE of FIRM Panel 5303170040A <br /> Repair and maintenance is permitted as a Use by Right. <br /> FINDINGS OF FACT - <br /> 1. This project proposes to replace the current pile caps, beams, stringers, and decking with new, in-kind <br /> ACZA treated timber.The existing steel curbs and plates are in good condition and will be re-installed over <br /> the new decking and travel-way.The existing pier will be demolished using a barge-mounted crane and <br /> hand tools and is anticipated to take approximately three days.The removed creosote-treated timbers will <br /> be transported on a lined barge to an upland facility to either be disposed of at or sold for re-use, as <br /> appropriate. Reconstruction of the pier is anticipated to take approximately two weeks. Existing piles will <br /> not be removed, nor will new piles be installed, nor will any vibratory pile driver be used during the <br /> proposed travel lift pier replacement at the NWMC. Clearing of vegetation and mass grading consisting of <br /> cuts and fills is not anticipated. The timing of the project is anticipated to coincide with the Fall/Winter <br /> 2021/2022 fish window. <br /> 2. The marina facility is a permitted water-dependent use in the Urban shoreline environment designation. <br /> Replacement or of timbers decking as proposed is normal maintenance or repair and would restore the <br /> development to a state comparable to its original condition, including size, shape, configuration, location <br /> and appearance. <br /> 3. There would be no new impact or overwater coverage as a result of this development.The replacement <br /> would be of subsequent size, shape, configuration, and location as the existing improvements. <br /> CONCLUSIONS OF LAW <br /> 1. The proposed repair and maintenance, as conditioned, is consistent with SMP 2.4(E)(2) &WAC 173-27- <br /> 040(2)(b). <br /> SLX-2021-0011— Pier Replacement Shoreline Exemption - Decision <br /> Page 2 of 4 <br />