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HomeMy WebLinkAboutPermit File 4205 Fidalgo Bay Road 4205 FIDALGO BAY RD CRITICAL AREAS REVIEW & PROPOSED MITIGATION REPORT CITY OF ANACORTES, WA 18 March 2015 Prepared for: Clifford Zeifman 5120 State Highway 6 Riesel, TX 66682 Prepared by: Aqua-Terr Systems, Inc. 21993 Grip Road Sedro-Woolley, WA 98284 Phone: (360) 856-2139 Fax: (360) 856-5238 E-mail: atsi@ifidalgo.net Aq u aTe r rSyste m s l n c.co m ATSI Aqua-Tern Systems,Inc. Z1" 4205 FIDALGO BAY RD CRITICAL AREAS REVIEW & PROPOSED MITIGATION REPORT CITY OF ANACORTES, WA 18 March 2015 Prepared for: Clifford Zeifman 5120 State Highway 6 Riesel, TX 66682 Prepared by: Jim Wiggins, MS, PWS Janet Cray, BA, PWS President Associate Biologist Aqua-Terr Systems, Inc. 21993 Grip Road Sedro-Woolley, WA 98284 Phone: (360) 856-2139 Fax: (360) 856-5238 E-mail: atsi@fidalgo.net Aq uaTerrSystemsl nc.com Zeifman -Critical Areas&Mitigation Report, City of Anacortes ATSI - 18 March 2015 ii TABLE OF CONTENTS EXECUTIVE SUMMARY 1 I. INTRODUCTION 2 II. METHODS AND PROCEDURES 2 2.0 Regulatory Agencies 2 2.1 Preliminary Analysis 3 2.2 Personnel 3 2.3 Wetland Identification 4 III. SITE DESCRIPTION 4 3.0 General Existing Conditions 4 3.1 Critical Areas 5 3.2 City of Anacortes CAO Maps 5 3.3 NWI Map & Historic Aerial Photographs 5 3.4 Vegetation 6 3.5 Soils 6 3.6 Hydrology 6 3.7 Priority Species, Habitats, Wildlife 6 3.8 Regulatory Agencies 7 IV. PROPOSED PROJECT 9 V. PROPOSED MITIGATION 9 5.0 Mitigation Sequencing 9 5.1 Proposed Mitigation 10 5.2 Site Preparation 10 5.3 Planting Plan 10 5.4 Quality Control & As-Built 11 5.5 Goals & Performance Standards 11 5.6 Monitoring, Maintenance & Contingency Plan 12 VI. IMPACT ASSESSMENT 13 6.0 Review of Proposed Project & Mitigation 13 6.1 Impact Assessment for Existing Critical Areas 14 6.2 Assessment ESA Compliance for Priority Habitats and Species 17 VII. LIMITATIONS 18 VIII. WORKS CONSULTED 18 LIST OF FIGURES Figure 1. Vicinity Map Figure 2. Aerial Photograph Figure 3. Existing Conditions Map Figure 3a. Existing Conditions Map (Enlarged View) Figure 4. National Wetlands Inventory (NWI) Map Figure 5. Natural Resources Conservation Service (MRCS) Soil Map Figure 6. Proposed Conditions Figure 7. Proposed Mitigation LIST OF ATTACHMENTS Figures Zeifman -Critical Areas& Mitigation Report, City of Anacortes ATSI-18 March 2015 iii EXECUTIVE SUMMARY Aqua-Terr Systems Incorporated, (ATSI) was contracted to review an approximately 5-acre upland portion of parcel numbers 33200 and 33202, hereinafter referred to as the "project area", for the proposed addition of a garage at 4205 Fidalgo Bay Road, within the City of Anacortes, WA. The entire project area is within the 200-foot shoreline jurisdiction. At our 8 December 2014 site reconnaissance, ATSI observed a FEMA Flood Zone, the marine shoreline of Fidalgo Bay, a regulated 100-foot shoreline conservancy, and an estuarine pocket wetland. Habitats within the project area include the open lawn, the marine waters of Fidalgo Bay, and the estuarine waters in the pocket wetland. The marine waters provide habitat for many avian, mammal, and aquatic species, some of which are ESA listed. Existing non-native lawn does not generally provide quality habitat or shoreline functions; however, in extreme storm events it has the ability to provide refugia and food source functions for the avian, mammal, or aquatic species associated with the adjacent marine waters. The proposed development is the construction of a 24-foot by 48-foot garage with a concrete slab to connect it to an existing concrete parking pad and driveway to the east. Proposed new impervious surface within the 100-foot shoreline conservancy will be 433 square feet due to the concrete slab connection between the garage and existing concrete parking pad. This constructed entry into the garage is necessary as it is not possible to turn into the garage from the narrow asphalt road to the west. Proposed new impervious surface outside of the 100-foot shoreline conservancy but within shoreline jurisdiction will be 1,291 square feet for the remainder of the slab connection, the garage itself, and a concrete connection between the garage and asphalt drive to the west. Mitigation for the proposed impervious material and impact to habitat within the 100-foot shoreline conservancy will be mitigated for by the removal of 749 square feet of impervious surface to the north and replanting it with 749 square feet of pervious lawn habitat and by the restoration of 446 square feet of native plant dominated riparian habitat in the northern portion of the site for a total of 1,195 square feet of replaced habitat. Per the City of Anacortes Shoreline Master Plan, it is our best professional judgment that this project as proposed has achieved a no net loss of shoreline functions due to the combination of redesign, minimization of impacts within the 100-foot shoreline conservancy, and the proposed mitigation. The proposed impact of 433 square feet of new impervious surface will occur in an area that is functionally disconnected from the shoreline by an existing concrete parking pad. The proposed compensatory mitigation is for the removal of a greater amount (749 square feet) of impervious surface material, replanted with lawn, and for the restoration of (446 square feet) native riparian habitat adjacent and functionally connected to the shoreline. Additionally BMP's will reduce temporary/temporal shoreline impacts and net gains are anticipated in Fish & Wildlife Habitat (increases in vegetation species diversity, LWD, snags, etc.), Food Chain Support, and Shade from the proposed restoration of native trees and shrubs. Zeifman- Critical Areas&Mitigation Report, City of Anacortes 1 ATSI—18 March 2015 • As per FEMA guidelines, all existing structures are, and the proposed structures will occur, above the base flood elevation. Our best professional judgment is that this project cannot be determined as a "No Effects (NE)" because, although no construction will occur within marine waters or the immediate shoreline, 433 square feet of new impervious surface and work will occur within the 100-foot shoreline conservancy. However, because mitigation will occur in the form of 749 square feet of impervious surface removed, and a total of 1,195 square feet of habitat will be restored (approximately half of which will be native species closer to the shoreline), and BMP's implemented; ATSI recommends a "Not likely to Adversely Affect (NLAA)" FEMA determination for this project because potential impacts are anticipated to be insignificant and fully mitigated for. I. INTRODUCTION Aqua-Terr Systems Incorporated, (ATSI) was contracted to review an approximately 5-acre upland portion of parcel numbers 33200 and 33202, hereinafter referred to as the "project area", for the proposed addition of a garage at 4205 Fidalgo Bay Road, within the City of Anacortes, WA, within a portion of Section 30, Township 35 North, Range 2 East, W.M. (Figures 1 to 3). The purpose of this report is to assess the presence, location, and extent of wetlands, streams, shorelines and other biological critical areas including fish and wildlife habitat and their regulated buffers under the jurisdiction of the City of Anacortes, the Washington State Department of Ecology (Ecology), and the U.S. Army Corps of Engineers (Corps) that are located within or adjacent to the project area. II. METHODS AND PROCEDURES 2.0 Regulatory Agencies City, state and federal governments regulate critical areas on and adjacent to the project area. The City of Anacortes regulates all activities in and around wetlands, streams, and other critical areas such as species of local concern through Chapter 17.70 of the City of Anacortes Municipal Code (AMC) Critical Area Regulations. Marine shoreline vegetation is regulated in Section 17.70.580. Classification of critical areas and their associated buffers follow the criteria outlined within this code. Shorelines are regulated through the Chapter 18.16 of the City of Anacortes Shoreline Master Program (SMP). The Federal Emergency Management Agency (FEMA) regulates floodplain management practices and assists communities in meeting the requirements of the Endangered Species Act (ESA). The US Army Corps of Engineers (Corps), through Section 404 of the Clean Water Act, has the authority to regulate the placement of fill materials in wetlands and other waters of the United States and requires permits for such activities. The Department of Ecology (Ecology) regulates all wetlands (RCW 90.48). Specific references to these agencies and applicable code requirements are described in further detail below. Zeifman -Critical Areas& Mitigation Report,City of Anacortes 2 ATSI—18 March 2015 2.1 Preliminary Analysis ATSI uses a two-step procedure to determine the presence and extent of wetlands, streams, habitat, and other biological critical areas within and adjacent to a project area. This procedure includes preliminary data review and on-site reconnaissance in which a qualitative analysis of biota and habitats is performed. The goal of this analysis and site review is to describe the biological aspects within and adjacent to a project area in order to provide sufficient information for the client and regulating agency to make informed decisions regarding these features. The preliminary review of public resource documents is used to provide initial information on vegetation, soil, and hydrology and other critical areas within and adjacent to a project area. These resources include, but are not limited to: • USDA Natural Resource Conservation Service (NRCS) soil surveys, • NRCS hydric soil list, • National Wetland Inventory (NWI) maps, • Local jurisdiction inventory maps, • Local jurisdiction Shoreline Master Program (SMP), and • Local jurisdiction Critical Area Ordinances (CAO). During an on-site reconnaissance, the general terrain is observed, a project area is traversed, and visual observations are made on areas adjacent to a project area to identify wetlands, shorelines and other critical areas. Aerial photographs, soil data, and topographic maps are used for orientation and to assist in locating wetlands, shorelines, streams, and other unique or critical habitats. Data on topography, dominant communities of vegetation, soil, and hydrology are collected and recorded. An on-site reconnaissance was conducted on 8 December 2014. As the site is a constructed residence with a lawn and minimal native vegetation, specific sample plot data were not collected. • 2.2 Personnel The on-site reconnaissance was conducted and this report prepared by ATSI Associate Biologist, Janet Cray BA, PWS and ATSI Principal, Jim Wiggins MS, PWS. Additionally Ms. Karla Van Leaven, BS, PWS was at the on-site reconnaissance. All ATSI staff are Professional Wetland Scientists (PWS) certified through the Society of Wetland Scientists Professional Certification Program. Mr. Wiggins has a Master of Science (MS) Degree and has been practicing as a biologist since 1988. Ms. Cray has a Bachelor of Arts (BA) degree and has been practicing as a professional biologist since 2006. Ms. Van Leaven has a Bachelor of Science (BS) degree and has been practicing as a professional biologist since 2008. ATSI staff received habitat assessment training from FEMA during their workshops on 17 June 2010 and 1 and 2 March 2011. All ATSI staff have completed the training for the Department of Ecology wetland rating system, identification of the ordinary high water mark (OHWM) and other biologically pertinent courses and workshops. Zeifman-Critical Areas& Mitigation Report,City of Anacortes 3 ATSI—18 March 2015 2.3 Wetland Identification Any wetlands identified and referred to in this report follow the Corps definition: "...those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions (Environmental Laboratory 1987). All wetlands are identified based on the presence of indicators for hydrophytic vegetation, hydric soils, and wetland hydrology as described in the Corps, Wetland Delineation Manual (Environmental Laboratory 1987); and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Corps 2010). All three parameters must be present for an area to be considered a jurisdictional wetland under normal circumstances. Atypical situations and problem areas are treated per the Corps and.state manuals. III. SITE DESCRIPTION 3.0 General Existing Conditions The approximate 5-acre project area is located at 4205 Fidalgo Bay Road within the City of Anacortes, WA (Figures 1 to 3). Land use in the vicinity of the project area consists of Fidalgo Bay Road, single family residential, the Tommy Thompson Trail, and State Route 20 Spur (SR-20) to the west; Fidalgo Bay, and an RV park to the south and southeast; and Fidalgo Bay to the east (Figure 4). The entire project area lies within the 200-foot shoreline jurisdiction. Improvements on the site include existing non-conforming structures within the 100-foot shoreline conservancy, such as rip-rap shoreline armoring along the eastern boundary; an asphalt driveway, shed, and trailer with a covered deck at the north end (Figure 3), and an asphalt drive, residence, concrete pad and shed at the southern end (Figure 3a). Existing structures that occur outside of the 100-foot shoreline conservancy include the remainder of the asphalt driveway, septic tanks, a valve box, a control panel, a concrete pad, a shed, and a fence along the western boundary (Figure 3a). Vegetation within the project area is primarily non-native lawn and ornamental landscape plants; however, native plants occur within the buffer of the estuarine pocket wetland in the southern portion of the site and a few native trees were observed planted in a landscape strip adjacent to the bulkhead (Figure 2). Topography within the project area is relatively level with the shoreline armoring constructed between 11 to 15 feet in elevation and the residence constructed from 14 to 14.5 feet in elevation (Figures 3 and 3a). Zeifman- Critical Areas&Mitigation Report, City of Anacortes 4 ATSI—18 March 2015 3.1 Critical Areas At our 8 December 2014 site reconnaissance, ATSI observed a FEMA Flood Zone, the marine shoreline of Fidalgo Bay, a 100-foot shoreline conservancy, and an estuarine pocket wetland. The marine waters of Fidalgo Bay contain listed species and their habitats. FEMA Flood Zone A FEMA firmette from Panel 80 of 100, (Map Number 5303170080A) indicates that the property occurs within Zone AE with a base flood elevation of 7 (NAVD)(Figure 3). Fidalgo Bay & 200-foot Shoreline Jurisdiction Fidalgo Bay bounds the site to the north, east, and southeast. The marine waters of Fidalgo Bay contain listed species and their habitats. The project area is within the 200-foot shoreline jurisdiction of the City of Anacortes and has a 100-foot shoreline conservancy (Figures 3 and 3a). Estuarine Pocket Wetland City of Anacortes CAO maps indicate that this wetland is a Category II wetland, approximately 40,615 square feet in size. As no work was proposed in the wetland or 100-foot shoreline conservancy setback, and therefore no direct impacts are anticipated, we did not rate this wetland. 3.2 City of Anacortes CAO Maps In addition to the estuarine pocket wetland noted above, the City of Anacortes CAO maps indicate a Bald Eagle nest between SR-20 and Fidalgo Bay Road to the north at the southern boundary of the residential area, and it indicates another Bald Eagle nest to the south near the RV park and the Tommy Thompson Trail. We concur with this mapping. 3.3 NWI Map & Historic Aerial Photographs The National Wetland Inventory (NWI) map indicates that the project area is encompassed by a forested wetland (Figure 4). We do not concur with this assessment as we did not observe forested wetland characteristics on the site and we observed a pocket estuarine wetland in the southern portion of the site. ATSI assisted the former landowner during the construction of the home sometime between 1998 and 2004. At that time there were no indications of forested wetlands on the site and use of the site included a relic log dump and barge loading area. ATSI reviewed historic aerial photographs from Skagit I-Map to determine if any inundated areas were evident historically. A 1969 aerial photograph indicates that the site was cleared sometime prior to 1969, and the estuarine pocket wetland appears to be in its current location; however, no additional indications of inundation can be seen in the photograph. In 1998 the site appears as a coniferous forest and the pocket wetland is less apparent and appears disturbed (wetlands further to the south have been filled in and are now covered with the RV park). In the 2004 aerial, the site has again been Zeifman-Critical Areas& Mitigation Report, City of Anacortes 5 ATSI—18 March 2015 cleared and a house, lawn, and the pocket wetland are evident and in their current locations. No additional indications of inundation were seen in any of the photographs. 3.4 Vegetation Vegetation within the project area is primarily lawn and non-native ornamental trees and shrubs; however, there is a 10-foot, barked strip of landscaping adjacent to the bulkhead (shoreline armoring). Although this strip primarily contains non-native ground cover, it includes some red alder (Alnus rubra; FAC) and big leaf maple (Acer macrophyllum; FACU) at an approximately 60-foot spacing (Figure 2). 3.5 Soils Mapped NRCS Soils The NRCS maps one soil unit within the project area: 165-Xerorthents, 0 to 5 percent slopes (Figure 5)(Soil Survey Staff; Web Soil Survey). Xerorthents is not listed as a hydric soil (Soil Survey Staff; Soil Data Mart). Excerpts of the NRCS descriptions for each are as follows (Klungman): 165-Xerorthents, 0 to 5 percent slopes. This map unit is on hills and flood plains. Areas are irregular in shape and are 5 to 40 acres in size. The native vegetation has been removed from the soils in this unit. Elevation is 5 to 250 feet. The average annual precipitation is about 30 inches, the average annual air temperature is about 50 degrees F, and the average frost-free season is 160 to 200 days. This unit consists of areas where the surface layer and subsoil have been highly disturbed, removed, and replaced with other soil material. Texture and depth are highly variable within short distances. Included in this unit are small areas of Bow soils on glaciated remnant terraces and Xerofluvents on flood plains. Also included are small areas of soils that are covered with sawdust and other wood wastes. Permeability, available water capacity, effective rooting depth, surface runoff, and the hazard of erosion are highly variable. They are dependent on the amount of disturbance and cutting or filling of the soil. In some areas a seasonal high water table is at a depth of more than 24 inches from November to March. This unit is used mainly for log landings and unpaved parking areas. It is also used as fill sites and athletic fields. This map unit is in capability subclass Vlls. 3.6 Hydrology The dominant source of hydrology in the project area is from direct precipitation. Ditches along Fidalgo Bay Road and storm water conveyance systems disrupt surface water runoff from upslope areas. 3.7 Priority Species, Habitats, Wildlife Priority Species We did not observe endangered, threatened, or sensitive plant or animal species regulated by the City of Anacortes, Washington State, or the federal government within the project area. Zeif man -Critical Areas& Mitigation Report, City of Anacortes 6 ATSI—18 March 2015 At our 8 December 2014 reconnaissance, we identified Fidalgo Bay adjacent to the project area to the north, east, and southeast. Listed species occur within the marine waters of Fidalgo Bay. The Washington Natural Heritage Program does not document this section, township, and range as containing Natural Heritage Features (WNHP 2015). A Washington State Department of Fish and Wildlife (WDFW) report has not been requested for this project area; however, WDFW online sources map the following: • 2 Bald Eagle nests approximately 1,950 feet (0.37 miles) to the northwest and southeast of the project area. Bald Eagle (Haliaeetus leucocephalus) are a federal species of concern and state sensitive species; • Surf smelt breeding along the shoreline. Surf smelt (Hypomesus pretiosus) are not indicated as a threatened, endangered, or sensitive species. • Pacific herring breeding along the shoreline. Pacific herring (Clupea pallash) is a state candidate species. • Both surf smelt and Pacific herring are forage fish for listed salmonids. Habitats & Wildlife Habitats within the project area include the open lawn, the marine waters of Fidalgo Bay, and the estuarine waters in the pocket wetland. Wildlife that use the open lawn areas are primarily passerine birds and small mammals such as rabbits. The marine waters provide habitat for many avian, mammal, and aquatic species, some of which are ESA listed. While the existing non-native lawn does not generally provide quality habitat or shoreline functions, in extreme storm events it has the ability to provide refugia and food source functions for the avian, mammal, or aquatic species associated with the adjacent marine waters. 3.8 Regulatory Agencies City, state and federal governments regulate critical areas on and adjacent to the project area. Local Regulatory Agency& Code The City of Anacortes regulates all activities in and around wetlands, streams, and other critical areas such as species of local concern through the City of Anacortes Municipal Code (AMC) Critical Areas Regulation (AMC Chapter 17.70). Classification of critical areas and their associated buffers follow the criteria outlined within this code. Code pertaining to existing non-conforming structures states that no such structure or use shall be expanded, changed, enlarged, or altered in any way that increases its nonconforming character relative to the provisions of this chapter without securing a conditional use permit (except as specifically authorized for the State Ferry Terminal or Shannon Point Marine Center (17.70.500)). Zeifman-Critical Areas&Mitigation Report, City of Anacortes 7 ATSI—18 March 2015 Shorelines are regulated through the Shoreline Master Program which regulates all "development" (AMC Chapter 18.16). The Anacortes Shoreline Jurisdiction includes the waters within the City limits, the land underlying them, and all lands extending 200 feet in all directions as measured on a horizontal plane from the OHWM. Marine shoreline vegetation code requires landscaping for development or redevelopment projects (AMC 17.70.580). Where portions of already-developed sites are proposed to be redeveloped, planting beds for marine shoreline vegetation shall only be required for those portions of the site actually abutting the shoreline. Planting beds shall be a minimum 6-foot wide by 10-foot long strip of land (e.g. 60 square feet) lying within and along the fifteen-foot wide strip of land immediately landward of the ordinary high water (OHW) for unarmored shorelines or the landward edge of the existing shoreline armoring. For new development projects the total minimum linear footage along the shoreline shall be 50 percent of the project's shoreline length and 25 percent for redevelopment of already-developed project sites. It should specify (a) particular species of salt-tolerant riparian vegetation and a minimum of 5 years monitoring. The criteria for success shall specify a minimum 80 percent survival rate of riparian vegetation and a minimum of 50 percent cover of riparian vegetation 4 feet tall or taller. Federal& State Agencies The Federal Emergency Management Agency (FEMA) regulates floodplain management practices and assists communities in meeting the requirements of the Endangered Species Act (ESA). Section 7 of the Endangered Species Act (ESA) requires Federal agencies to insure that any action authorized, funded or carried out by them is not likely to jeopardize the continued existence of listed species or modify their critical habitat. Habitat assessments may be required and should implement the guidance outlined in the FEMA Region 10, "Regional Guidance for Floodplain Habitat Assessment and Mitigation in the Puget Sound Basin, August 2013." The Corps requires notification of all disturbances to all wetlands, streams, and other waters and it is incumbent upon the landowner to disclose such disturbances. Isolated wetlands are not under the jurisdiction of the Corps, but the Corps must confirm isolated wetland status. Ecology and the Environmental Protection Agency require a 401 water quality certification for disturbance of wetlands depending upon the type of project and for disturbance of wetlands 0.5-acre or greater. Ecology regulates all wetlands (RCW 90.48). Any disturbance of a wetland area 0.5 acre or greater, or within a 100-year floodplain requires an Individual Permit from the Corps which includes the requirement of compensatory mitigation and an alternatives analysis. The Corps also has the discretion not to allow disturbance to high quality wetlands. Both Ecology and the Corps require certification that no listed, endangered, threatened, or sensitive plant or animal species, or National Historic Places are present on the subject parcel. Zeifman-Critical Areas&Mitigation Report, City of Anacortes 8 ATSI—18 March 2015 IV. PROPOSED PROJECT The proposed development is the construction of a 24-foot by 48-foot garage with a concrete slab to connect it to an existing concrete parking pad and driveway to the east (Figure 6). Proposed new impervious surface within the 100-foot shoreline conservancy will be 433 square feet due to the concrete slab connection between the garage and existing concrete parking pad. Proposed new impervious surface outside of the 100-foot shoreline conservancy but within shoreline jurisdiction will be 1,291 square feet for the remainder of the slab connection, the garage itself, and a concrete connection between the garage and asphalt drive to the west (Figure 6). V. PROPOSED MITIGATION 5.0 Mitigation Sequencing 1. Avoidance (Figures 6 and 7): o Avoidance of Fidalgo Bay and the nearshore environment has been achieved as no inwater or nearshore work is proposed. o Avoidance of the estuarine wetland and its setback was achieved by redesigning the project to move the garage away from the initial proposed location on top of an existing concrete pad closer to the residence which was within the setback of the estuarine wetland. o Avoidance of the entire 100-foot shoreline conservancy was not practicable due to safety concerns anda wider required turning radius as it is not possible to turn into the proposed garage from the narrow asphalt drive to the west. Therefore, entry into the garage is proposed to occur from the existing concrete parking pad to the east via a 4-inch concrete slab connection (Figure 6). 2. Minimization: o Impacts to the 100-foot shoreline conservancy have been minimized to the maximum extent practicable by locating the proposed garage completely outside of the 100-foot setback. o Impacts to the 100-foot shoreline conservancy have been reduced to 433 square feet for the concrete slab connection between the existing concrete parking pad and the proposed garage (Figure 6). This location is functionally disconnected from the shoreline by the existing concrete parking pad and existing shoreline functions are already impacted (Figure 6). 3. Rectifying/restoring: The proposed compensatory mitigation is for the removal an equal or larger amount of impervious surface material and the restoration of and equal or larger amount of riparian habitat within alternative areas that are closer to the shoreline and not functionally disconnected (Figure 7). 4. Reducing/eliminating the impact over time: n/a. 5. Compensating: The proposed impervious material and impact to habitat within the 100-foot shoreline conservancy will be mitigated for by the removal of 749 square feet of impervious surface to the north and replanting it with 749 square feet of pervious lawn habitat, and by the restoration of 446 square feet of native plant dominated riparian habitat in the northern portion of the site for a total of 1,195 square feet of replaced habitat (Figure 7). 6. Our rationale for allowing for the shoreline alteration at this location is: o The proposed design holds the least impacts to the least number of critical areas, Zeifman-Critical Areas&Mitigation Report,City of Anacortes 9 ATSI—18 March 2015 • The impervious surface and impacts are proposed for a location that is functionally disconnected from the shoreline where existing functions are already negatively impacted, and, • Compensatory mitigation for impervious surface area can be provided in an alternate location that is not disconnected from the shoreline, and an additional habitat area can be created closer to the shoreline where shoreline functions may be restored via the removal of non-native lawn and landscape vegetation and replanting with native species. (A more detailed assessment of shoreline functions and impacts is provided below). 5.1 Proposed Mitigation Proposed mitigation for 433 square feet of impervious surface and resulting impacts to habitat within the 100-foot shoreline conservancy is to (Figure 7): 1. Remove 749 square feet of existing impervious material and replant 749 square feet of pervious lawn habitat in the northern portion of the site, and 2. Restore 446 square feet of riparian habitat by removing the existing lawn and non- native landscape plants and replacing them with native plant-dominated habitat closer to the shoreline at the northern property boundary. 5.2 Site Preparation The area proposed for in the removal of 749 square feet of impervious surface and replanting with lawn will not require biologic recommendations or monitoring; therefore, it is not discussed in further detail within this report. The restored riparian habitat area at the northern portion of the project area will need to be prepared prior to planting. A minimum of 12 inches of clean topsoil shall be placed prior to plant installation if topsoil does not occur in this location. If the topsoil has been compacted, the topsoil shall be rototilled prior to plant installation. If soil has not been disturbed, then no additional soil preparation is required other than as described below within the planting plan. 5.3 Planting Plan The restored riparian habitat area will be planted with the native herbaceous, shrub, and tree species listed in Table 1. Any variation from the listed species in Table 1 shall be under the direction of a qualified biologist. Only plant species native to the region will be planted within the enhancement area. All plants will be planted in topsoil. Planting should occur in February or during the wet season the following year post site preparation or as appropriate for planting success and site access. Plant stock will be from a local native plant nursery. Plants shall be free of disease and healthy to improve transplant survival. Planting holes shall be twice as wide and twice as deep as the plant root size. Planting holes may be amended with soil microbes if deemed necessary by the landscape/plant installer to ensure plant survival. All trees and shrubs will have plant protectors and staked if necessary. Mulch (4 inches of weed free chipped deciduous wood) will be placed around the plantings and on all bare soils to decrease the potential for sedimentation or erosion occurring near the shoreline and to provide cover to retain moisture and reduce weed species competition. Zeifman -Critical Areas& Mitigation Report,City of Anacortes 10 ATSI—18 March 2015 Trees shall be planted 10-feet on center in the appropriate locations (within sunlight and hydrological conditions the plants will tolerate)(Table 1). For example, the 100-foot conservancy has been primarily cleared; therefore, only sapling species that can tolerate dryer upland soils in partial to full sun conditions (e.g. shore pine and maple) should be installed within these locations. All trees shall be bare root or potted and not less than 24 inches tall (1-gallon size or equivalent). Shrubs shall be planted at 3 feet on center in the appropriate locations (e.g. sunlight and hydrological conditions the plants will tolerate) within the mitigation areas (Table 1). All shrubs shall be a minimuml8-inch (1-gallon size or equivalent). Herbs (dune grass) shall be planted as seed (preferred) or bare root along an approximate 6 foot strip directly adjacent to the shoreline. Seeds may be hand collected from local resident populations and spread approximately at 2 inches. If bare root plants are used, they may be planted at 6 inches on center. Table 1 . Recommended planting for species, quantit , and size. Vegetation Layer & Species Quantity Size Trees: 4 at 10 ft. on center spacing shore pine (Pinus contorta;FACU) 2 24" red alder (Alnus rubra; FAC) 2 24" Shrubs: 42 at 3 ft. on center spacing Douglas maple (Acer glabrum;FACU) 2 1 gp osoberry (Oemleria cerasiformis, FACU) 14 1 gp snowberry (Symphoricarpos albus, FACU) 14 1 gp spreading gooseberry(Ribes divaricatum;FAC) 10 1 gp Herbaceous: dune grass (Leymus mollis;FACU) seed mix n/a 1gp=1 gallon pot or equivalent 5.4 Quality Control & As-Built To assure success of the mitigation areas, a qualified biologist or landscaper will be on- site periodically during all phases of mitigation implementation. An as-built drawing of the mitigation areas will be provided after planting. The as-built shall be prepared by a professional biologist, landscaper, or Engineer to produce the final drawing. This drawing will indicate all appropriate features for the mitigation area, e.g., the approximate locations of the installed trees, shrubs, and herbaceous plants. The actual quantity and species of the planted material will be indicated in a table on the drawing. 5.5 Goals & Performance Standards Mitigation Goals The goal of the mitigation plan is to provide compensatory mitigation for disturbance to the 100-foot shoreline conservancy. The restored riparian habitat area will be planted with native trees, shrubs, and herbaceous plants. This will be an increase in shoreline habitat functions at the mitigation area compared to the functions currently existing in the proposed disturbance area (i.e., lawn). Zeifman-Critical Areas& Mitigation Report, City of Anacortes 11 ATSI—18 March 2015 Performance Standards Planted tree and shrub vegetation will have a 100 percent and 95 percent survival respectively after the first year of installation and a minimum 80 percent survival for all years following. The restored habitat area vegetation will have a 50 percent estimated cover after 5 years with at least 3 species. A minimum of 2 photographic points, within the mitigation area will be taken that will best illustrate conditions during the 5 years of monitoring. The possible presence of natural regeneration of native trees, shrubs, or herbaceous plants or volunteer native species may be factored into the decision for whether new plant material is required or thinning an abundance of a single species such as red alder is required. Non-native invasive species will comprise no more than 10 percent of the emergent layer and none of the shrub or tree layers for any given year. Non-native invasive species include, but are not limited to: Common Name Scientific Name reed canarygrass Phalaris arundinacea Himalayan blackberry Rubus armeniacus evergreen blackberry Rubus laciniatus Canada thistle Cirsium arvense poison hemlock Conium maculatum hedge bindweed Calystegia sepium Scot's broom Cytisus scoprius English ivy Hedera helix Japanese knotweed Polygonum convolvulus tansy ragwort Senecio jacobaea butterfly bush Buddleja davidii Percentages of non-native species that do not meet the above criteria will require strict control methods. Hand pulling is the preferred option and will be the first approach during maintenance. However, if any one area of reed canarygrass, Himalayan blackberry or other undesirable plant exceeds greater than 10 percent cover, the plants will be sprayed with glycophosate or a suitable herbicide by a licensed applicator in the spring and rechecked during the summer and fall seasons, as necessary, until the plant(s) are under control. 5.6 Monitoring, Maintenance & Contingency Plan Monitoring Monitoring shall occur during and after installation and periodically as required during the monitoring period and continue for a period of 5 years or as required by the City of Anacortes. This monitoring is required to assure the success of the mitigation areas. A single monitoring period will consist at a minimum of two on-site reviews (mid spring (April) and early fall (September), or as many site reviews as necessary to record site conditions such as presence of health of plants, estimating percent cover, live plants, and Zeifman -Critical Areas&Mitigation Report,City of Anacortes 12 ATSI—18 March 2015 presence of invasive species. One written report will be prepared per monitoring period. Monitoring reports shall be submitted no later than December 31st of each monitoring year. Monitoring shall occur for years 1, 2, 3, and 5 post-mitigation planting. The Year 1 report shall document site conditions (as discussed above) 1 year post- mitigation planting. Maintenance options and suggested recommendations to maintain the site will be given in the monitoring report. This report will include the as-built drawing of the mitigation areas (see above). Maintenance Maintenance shall occur monthly or as needed throughout the first 3 years after planting. Maintenance includes but is not limited to weeding, watering, and fertilizing if required. Maintenance may be decreased to twice yearly (spring and fall) after 3 years, if it is determined that monthly maintenance is no longer necessary (i.e., the installed plants are vigorous and the invasive and competitive plants have been reduced) by a qualified biologist. Contingency Plan If performance standards are not met, a contingency plan may be necessary in order to accomplish the project goals. A contingency plan will be developed to address the failed portions of the planting plan. Plant mortality is the most likely failure anticipated. Plant attrition can be resolved through evaluation of cause, followed by replacement of the same or more appropriate species. In the event more than 30 percent of the plantings fail by the second year, the site shall be replanted to 100 percent, with improved maintenance and plant protection to ensure plant survival. The applicant shall be responsible for the costs of replanting and plant maintenance and these costs shall be separate from any financial guarantees. Once the reason for failure is determined and corrected, replanting would take place and monitoring would follow the same schedule as the first planting. Possible reasons for failure may include poor quality of the original stock, poor soil, insufficient watering, too much water, herbivory, improper installation, or competition by weedy species. If poor soil quality is determined then the area shall be fertilized. Fertilizer application shall be discussed and determined by a qualified landscaper or biologist preferably by soil testing to determine whether or which soil amendments are necessary or desirable. In the latter case the contingency plan would simply be to continue weeding and planting with native seeds or plants until the native vegetation becomes established. VI. IMPACT ASSESSMENT 6.0 Review of Proposed Project & Mitigation The proposed development is the construction of a 24-foot by 48-foot garage with a concrete slab to connect it to an existing concrete parking pad and driveway to the east (Figure 6). Proposed new impervious surface within the 100-foot shoreline conservancy will be 433 square feet due to the concrete slab connection between the garage and existing concrete parking pad. Proposed new impervious surface outside of the 100-foot shoreline conservancy but within shoreline jurisdiction will be 1 ,291 square feet for the Zeifman-Critical Areas& Mitigation Report, City of Anacortes 13 ATSI—18 March 2015 remainder of the slab connection, the garage itself, and a concrete connection between the garage and asphalt drive to the west (Figure 6). Proposed mitigation for 433 square feet of impervious surface and resulting impacts to habitat within the 100-foot shoreline conservancy is the removal of 749 square feet of impervious surface to the north and replanting it with 749 square feet of pervious lawn habitat, and by the restoration of 446 square feet of native plant dominated riparian habitat in the northern portion of the site for a total of 1 ,195 square feet of replaced habitat. 6.1 Impact Assessment for Existing Critical Areas Existing critical areas within the project site include FEMA Flood Zone, the marine shoreline of Fidalgo Bay, a regulated 100-foot shoreline conservancy and an estuarine pocket wetland. The marine waters of Fidalgo Bay contain listed species and their habitats. Impact Assessment for FEMA Flood Zone AE A FEMA firmette from Panel 80 of 100, (Map Number 5303170080A) indicates that the property occurs within Zone AE with a base flood elevation (BFE) of 7 feet (NAVD). Due to the existing non-conforming armoring along the shoreline, all existing structures occur above the base flood elevation (BFE) and the proposed structure will be constructed above the BFE; therefore, no negative direct impacts are anticipated to occur. Impact Assessment for the Estuarine Pocket Wetland& Setback No fill is proposed for the estuarine wetland and no work is proposed within the 100-foot setback; therefore no direct or indirect impacts will occur. Impact Assessment for Fidalgo Bay Marine Shoreline Functions The City of Anacortes SMP (DR 5.8.3) requires that all impervious surfaces, structures, etc. occur outside of the 100-foot conservancy. The City of Anacortes SMP also requires that all development within shoreline jurisdiction result in a no net loss of shoreline functions. Shoreline ecological functions include, but are not limited to: Fish & Wildlife Habitat (in-water, nearshore & shoreline buffer), Food Chain Support, Water Quality Protection & Enhancement, Erosion Control, Maintenance of Littoral Drift, Flood Storage, Conveyance & Attenuation, Ground Water Recharge and Discharge, Wave Attenuation, Protection from Hazards, Historical and Archaeological and Aesthetic Value protection, Educational Opportunities, and Recreation. Zeifman-Critical Areas&Mitigation Report, City of Anacortes 14 ATSI—18 March 2015 Assessment of No Change (No Losses) in Shoreline Functions: Fish & Wildlife: In-water fish habitat: no in-water work will occur; therefore no changes will occur. Near shore habitat: no nearshore work will occur; therefore no changes will occur. No fill, loss of, or changes to the physical marine shoreline habitat for listed species will occur. Water Quality & Enhancement: No fill is proposed for the estuarine wetland and no work is proposed within the 100-foot setback; therefore no changes will occur. Septic/Sewer pre-and post-development is the same; therefore no changes will occur. Wave Attenuation: no in-water or nearshore work will occur; therefore no changes will occur. Littoral drift: no in-water or nearshore work will occur; therefore no changes will occur. Historical and Archaeological value - No change will occur. Educational & Recreation Opportunities - No changes will occur. Assessment of Potential Impacts (Losses) in Shoreline Functions: Flood Storage, Conveyance & Attenuation; Ground Water Recharge and Discharge; and Fish & Wildlife habitat: • Proposed new impervious surface within the 100-foot shoreline conservancy will be 433 square feet from the concrete connecting slab to an existing concrete parking pad to the east. • Proposed mitigation is to remove a larger amount of impervious area by removing 749 square feet of existing structures in the northern portion of the site and to replant lawn for an overall increase in pervious surface area and non-native habitat regained; • Proposed mitigation is to restore 446 square feet of riparian habitat by removing existing lawn and non-native landscape plants and replanting a native plant dominated habitat in an area not functionally disconnected from the shoreline. • Proposed mitigation will result in a total of 1,195 square feet of replaced habitat. • Due to the mitigation proposed, impacts are anticipated to be insignificant and fully mitigated for. Erosion and sedimentation due to site work and bare soils: • Increases in sediment erosion may occur during/due to vegetation disturbances as the existing structures are removed and lawn is replanted and native plants are installed within the restored riparian habitat area. • BMP's such as silt fencing between the work areas and the shoreline will be implemented and mulch is proposed to be used for all bare soils. • Due to BMP's these impacts are anticipated to be de minimis and temporary/temporal only. Erosion due to increases in stormwater due to increased impervious surfaces occurring from the proposed garage and concrete slab are de minimis as stormwater generated runoff will percolate directly into the surrounding soil. Zeifman -Critical Areas&Mitigation Report, City of Anacortes 15 ATSI—18 March 2015 Pollution due to increased impervious surfaces is not anticipated because the garage will have a roof where no pollutants are anticipated to be generated. Runoff from the new concrete slabs is not anticipated to generate pollutants and will percolate directly into the soil and therefore be filtered. Assessment of Potential Increases (Gains) in Shoreline Functions Fish & Wildlife Habitat: Vegetative species diversity: replacing existing lawn and non-native landscape plants with native vegetation as proposed within the restored riparian habitat area will increase species diversity. LWD habitat & Recruitment: replacing existing lawn and non-native landscape plants with native tree species as proposed within the restored riparian habitat area will increase the future potential for LWD. Snag habitat: replacing existing lawn and non-native landscape plants with native tree species as proposed within the restored riparian habitat area will increase the future potential for snags. Shade: replacing existing lawn and non-native landscape plants with native vegetation as proposed within the restored riparian habitat area will increase shade along the shoreline, Food Chain Support: replacing existing lawn and non-native landscape plants with native vegetation, adjacent to the bulkhead and closer to the shoreline, as proposed within the restored riparian habitat area, will increase natural plant litter and a diversity of food sources closer to the shoreline. Summary Findings Findings: It is our best professional judgment that this project as proposed has achieved a no net loss of shoreline functions due to: • Redesign and minimization of impacts within the 100-foot shoreline conservancy area to 433 square feet of new impervious surface area that will occur in an area already functionally disconnected from the shoreline, • Proposed compensatory mitigation is for the removal of 749 square feet of impervious surface area and replanting of lawn habitat area closer to the shoreline in an area that is not functionally disconnected from the shoreline, • Proposed compensatory mitigation will restore 446 square feet of riparian habitat by replacing existing lawn and non- native landscape plants with native plant dominated habitat closer to the shoreline (for a total of 1,1195 square feet of habitat replaced), • Proposed use of BMP's to reduce temporary/temporal impacts due the proposed project, • Anticipated future net gains in Fish & Wildlife Habitat (increases in vegetation species diversity, LWD, snags,), • Anticipated future net gains in Food Chain Support, and Zeifman-Cntical Areas& Mitigation Report, City of Anacortes 16 ATSI—18 March 2015 • Anticipated future net gains in Shade. 6.2 Assessment ESA Compliance for Priority Habitats and Species Section 7 of the Endangered Species Act (ESA) requires Federal agencies to insure that any action authorized, funded or carried out by them is not likely to jeopardize the continued existence of listed species or modify their critical habitat. The following assessment implements the guidance outlined in the FEMA Region 10, "Regional Guidance for Floodplain Habitat Assessment and Mitigation in the Puget Sound Basin, August 2013." ATSI staff received habitat assessment training from FEMA during their workshops on 17 June 2010 and 1 & 2 March 2011. The City of Anacortes SMP (DR 5.8.3) requires that all impervious surfaces, structures, etc. occur outside of the 100-foot conservancy. The proposed project within said conservancy is to create a connection between the proposed garage and an existing concrete slab. A Washington State Department of Fish and Wildlife (WDFW) report has not been requested for this project area; however, the WDFW maps the following: • Bald Eagle breeding indicated by 2 nests approximately 1,950 feet (0.37 miles) to the northwest and southeast of the project area. Bald Eagle (Haliaeetus leucocephalus) are a federal species of concern and state sensitive species; • Surf smelt breeding along the shoreline. Surf smelt (Hypomesus pretiosus) are not indicated as a threatened, endangered, or sensitive species. • Pacific herring breeding along the shoreline. Pacific herring (Clupea pallasit) is a state candidate species. • Listed Puget Sound Salmonid Species occur within the marine waters of Fidalgo Bay. Impact Assessment& Recommendation for Bald Eagle This project is not anticipated to have any direct or indirect impacts to Bald Eagle due to distance from the project area (-1 ,950 ft./0.33 mile) and the existing proximity of the nests to adjacent urban and commercial areas; therefore a "No Effects (NE)" determination is recommended. Impact Assessment & Recommendation for Surf Smelt & Puget Sound Salmonid Species Our best professional judgment is that this project cannot be determined as a "No Effects (NE)" because, although no construction will occur within marine waters or the immediate shoreline, 433 square feet of new impervious surface and work will occur within the 100-foot shoreline conservancy. However, because mitigation will occur in the form of 749 square feet of impervious surface removed, and a total of 1,195 square feet of habitat will be restored (approximately half of which will be native species closer to the shoreline), and BMP's implemented; ATSI recommends a "Not likely to Adversely Affect (NLAA)" FEMA Zeifman- Critical Areas&Mitigation Report, City of Anacortes 17 ATSI—18 March 2015 determination for this project because potential impacts are anticipated to be insignificant and fully mitigated for. Due to the proposed mitigation, the project will have a no net loss of shoreline functions per the City of Anacortes Shoreline Master Plan. VII. LIMITATIONS We have used the most current, established methods to make determinations as to the location, size, and types of critical areas within the project areas. All of the above statements are based on our best professional judgment. Although we follow the federal, state, and local criteria, we cannot guarantee that the state, federal, or the local jurisdiction determination will correspond to ours. VIII. WORKS CONSULTED City of Anacortes. 15 December 2008. Title 17 —Zoning, Chapter 17.70. Critical Area Regulations. [Accessed 18 September 2013] http://library.municode.com/index.aspx?clientld=16193 City of Anacortes. September 2010 Shoreline Master Program. http://www.cityofanacortes.org/PI an ni ng/Documents/S horel ineM asterPlan/S M P2010/S MP_Final.pdf Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, Miss. Klungland and McArthur. 1989. Soil Survey of Skagit City Area, Washington. U.S.D.A. Soil Conservation Service, Washington State Department of Natural Resources, and Washington State University, Agriculture Research Center. Google Earth+NWI Data. 2014. Ones/Spot Image. Data SIO, NOAA, U.S. Navy, NGA, GEBCO. Image USDA Farm Service Agency. [Accessed June 2014]. Pojar, Jim and MacKinnon, Andy. 1994. Plants of the Pacific Northwest Coast. B.C. Ministry of forests and Lone Pine Publishing. Edmonton, Alberta Canada. Reed, P.B., Jr. 1988. National List of Plant Species that Occur in Wetlands: 1988 Northwest. Biological Report 88 (26.9), U.S. Fish and Wildlife Service, St. Petersburg, Florida. Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture. Web Soil Survey. [Online WWW] Available URL: http://websoilsurvev.nres.usda.00v/ [Accessed June 2014]. Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture. Soil Data Mart. [Online WWW] Available URL: http://soildatamart.nres.usda.00v/ [Accessed June 2014]. Zeifman -Critical Areas&Mitigation Report, City of Anacortes 18 ATSI—18 March 2015 U.S. Army Corps of Engineers. 11 July 2013. North American Digital Flora:National Wetland Plant List. [Online WWW] [Accessed 16 September 2013] Available URL: http://rsgisias.crrel,usace.army.mil/NWPU U.S. Army Corps of Engineers. May 2010. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region, Version 2.0. ERDC/EL TR-10-03. Vicksburg, MS: U.S. Army Engineer Research and Development Center. U.S. Army Corps of Engineers & Cold Regions Research and Engineering Laboratory. 18 May 2012. Western Mountains, Valleys, and Coast Final Draft Ratings. Updated National Wetland Plant List. U.S. Army Corps of Engineers Regulatory Branch, Seattle, Washington. US Fish and Wildlife Service. Wetlands On-line Mapper [Online WWW]. Available URL: httpJ/wdfw.wa.gov/mapping/phs/ [Accessed June 2014]. U.S. Fish and Wildlife Service, 3 March 1997. National List of Vascular Plant Species that Occur in Wetlands: 1996 National Summary. http://www.fws.gov/nwi/bha/list96.html. U.S. Department of Homeland Security. FEMA, Region 10, Regional Guidance for the Puget Sound Basin. August 2013. Regional Guidance for Floodplain Habitat Assessment and Mitigation in the Puget Sound. Washington National Heritage Program. [Online WWW] [Accessed June 2014] www.dnr.wa.govlResearchScience/Topics/NaturalHeritaoe/Pages/amp nh.aspx Zeifman-Critical Areas& Mitigation Report, City of Anacortes 19 ATSI—18 March 2015 I _ PLANNING COMMISSION'S FINDINGS OF FACT, CONCLUSIONS OF LAW, & DECISION: Open-Record Public Hearing Date: Wednesday,June 24, 2015, @ 7:00 PM File Number: SDP-2015-0002 Project Title: Clifford Zeifman, Shoreline Conditional Use Permit(SCUP) Project Location: 4205 Fidalgo Bay Road, Anacortes, WA 98221 Applicant/Landowner: Clifford Zeifman 5120 State highway 6 Riesel,Texas 76682 Agent: Al Taylor Taylor Design Architects P.O. Box 312 Clear Lake, WA 98235 Project Planner: Kevin Cricchio, AICP Associate Planner City of Anacortes 904 6th Street Anacortes, WA 98221 Subject Proposal: The applicant has applied for a Shoreline Conditional-Use Permit (SCUP) to permit the construction of one (1) detached 24 foot long by 48 foot wide garage accessory to an existing residence. Project Location: The site address is 4205 Fidalgo Bay Road,Anacortes, Washington.The subject property(s) is located in a portion of Section 30; Township 35 North; Range 02 East; Willamette Meridian. Subject Parcels: Parcel#: P33200, P33201, & P33202 Existing Land Use: Single family residence Current Zoning&Comp. Plan Designation: Commercial Marine (CM) Zoning District Surrounding Zoning&Land Uses: Direction: oning; Present Land-Use: • North: Commercial Marine Single Family Residential & Fidalgo Bay South: Commercial Marine Fidalgo Bay Road &Tommy Thompson Trail _ East: Commercial Marine Fidalgo Bay West: Commercial Marine Fidalgo Bay Road & SR20 Shoreline Environment/ Designation: Conservancy DRAFT FINDINGS OF FACT: I. GENERAL BACKGROUND: 1.1 Within the CM Zoning District, a single family residence is only permitted by a land use type of Conditional Use Permit. 1.2 The existing single family residence was built in approximately 2004 as permitted by an approved land use Conditional Use Permit, File#: 2001-001 (Exhibit 01). 1.3 A second land use Conditional Use Permit (along with a Shoreline Substantial Development Permit, Shoreline Conditional Use Permit, and Shoreline Variance) was approved by city council to permit a caretaker residence on the subject property, File#: 2006-0001 (Exhibit 02). The caretaker residence however to date has not been constructed. 1.4 Another land use type of Conditional Use Permit for the subject proposal however is not required as the proposed garage is less than 10% of existing land area/coverage per AMC § 17.10.100(F). 1.5 On April 03, 2015, the City of Anacortes' Department of Planning, Community, & Economic Development received the subject Shoreline Conditional Use Permit application from the applicant. 1,6 The subject application was reviewed and deemed incomplete on April 14, 2015. 1.7 Revisions were subsequently submitted to the city for review on April 22, 2015 and April 28, 2015. The subject application was then deemed complete on May 1, 2015, 1,8 The project site is located in the City of Anacortes' Commercial Marine (CM) Zoning District. Planning Commission's Findings of Fact, Conclusions of Law, & Decision Shoreline CUP, (File#:SDP-2015-0002) 2 of 10 Clifford Zeifman 1.9 The applicant proposes to construct a 24 foot long by 48 foot wide detached garage accessory to the existing single-family residence, 1.10 The site plan associated with the proposed improvements is marked as Exhibit 09. 1,11 Additionally, the subject proposal is located within the "Conservancy" shoreline environment/ designation of the City of Anacortes' 2010, Shoreline Master Program. 1.12 Pursuant to AMC Chapter 17.70,the subject development was reviewed for proximity to Critical Areas. The applicant submitted a critical area report prepared by ATSI dated March 18, 2015. According to the report, the property lies within FEMA's Zone AE with a base flood elevation of 7(Panel 80 of 100). Fidalgo Bay bounds the site to the north, south, &east. Although marine waters contain listed species & habitat, the project area is outside the 100-foot shoreline setback for the Conservancy shoreline environment/ designation. To the south of the existing residence along the southern portion of the subject property is located an estuarine pocket wetland that is approximately 40,615 square feet in area.This wetland is a category II wetland. Since no work is proposed within the wetland or the 100-foot shoreline "Conservancy" setback, . no impacts to the wetland are anticipated.Therefore,ATSI did not rate this wetland. According to Washington State Department of Fish and Wildlife's website,two (2) bald eagle nests are located approximately 1,950 feet to the northwest and southeast of the project site. No endangered,threatened, or sensitive Priority Species or Habitats was observed onsite. II. NOTICE OF APPLICATION& PUBLIC HEARING: 2.1 Public notice (Notice of the Application and Public Hearing) is required to be mailed to property owners within 300-feet, posted on-site (along with city hall, at the U.S. Post Office, and at the library) and published in the newspaper pursuant to AMC § 18,16.050 and § 17.62.010, Accordingly, Notice of Application & Public Hearing was published in the Anacortes American newspaper on May 6, 2015. The subject property was posted with Public Notice Signage in three (3) areas on May 1, 2015. Notice was also posted at the library, post office, and city hall on April 30, 2015. Property owners within 300 feet of the project site were mailed Notice of Application and Public Hearing on April 30, 2015. Lastly, agencies /departments of jurisdiction were solicited for comment on April 30,2015. 2.2 Agencies and city departments of jurisdiction have reviewed the application and department recommendations, if any, are incorporated into the recommended Planning Commission's Findings of Fact, Conclusions of Law, & Decision Shoreline CUP, (File#:SDP-2015-0002) 3 of 10 Clifford Zeifman project conditions. All applicable ordinances and standards will apply when the site plan accompanies a Building Permit application. All departments will impose those standards through the Plan Review process. 2.3 The 30-day public comment period for the project's Notice of Application & Public Hearing ended on June 05, 2015. However, comment was accepted up until tonight's open-record public hearing. Any comment(s) received from either agencies & departments of jurisdiction or the public can be referenced in Exhibits 5 and 6 respectively. 2.4 According to AMC § 18.16.100(6)(2) "For each shoreline substantial development/conditional use/variance permit application an open-record public hearing shall be held before the planning commission. For project improvements valued at less than one million dollars on project sites less than three acres in size, the planning commission may approve, approve with conditions, or deny the permit unless an appeal of the planning commission's action is filed." The total cost or fair market value of the project has been estimated to be $145,000 in value and is on less than 3-acres. Therefore, the Planning Commission has decision-making authority for the subject shoreline permit application. 2.5 At the conclusion of the public hearing the Planning Commission deliberated and voted to approve the subject shoreline conditional use permit. III. STATE ENVIRONMENTAL POLICY ACT: 3.1 Single-family residences and appurtenances are exempt from SEPA environmental review pursuant to WAC § 197.11.800(1)(b)(i) and AMC § 18.04.120. IV. SHORELINE MANAGEMENT ACT: 4.1 The subject proposal lies within 200 feet of a shoreline of statewide significance and thus is subject to conformance with Washington State's Shoreline Management Act (RCW 90.58) and the City of Anacortes' 2010, Shoreline Master Program, 4.2 The subject property is located in the "Conservancy" shoreline environment /designation of the 2010, Shoreline Master Program of the City of Anacortes. The proposed garage however is outside of the 100 foot setback requirement of the Conservancy shoreline environment (DR-5.8.3). 4.3 The purpose of the "Conservancy" designation is "intended to protect and restore the public benefits and ecological functions of open space, floodplain, natural areas and other sensitive lands (e.g., valuable historic, educational, or scientific research areas, areas of high scenic value) where they exist within the City, while allowing for a variety of compatible uses. It is the most suitable designation for shoreline areas that possess a specific resource or value that can be protected without excluding or severely restricting all other uses. It should be applied to those areas that would most benefit the public if their existing character is maintained, but which are also able to tolerate limited or carefully planned development or resource use. Permitted uses may include recreational, Planning Commission's Findings of Fact, Conclusions of Law, & Decision Shoreline CUP, (File#:SOP-2015-0002) 4 of 10 Clifford Zeifman cultural, and historic uses provided these activities are in keeping with the goals of protection and restoration as stated herein." 4.4 Today, a "single-family residence" land use within the "CM" Zone and "Conservancy" shoreline environment /designation requires an approved land use type of Conditional Use Permit and Shoreline Conditional Use Permit (SCUP) per AMC § 17.21.040 and Table 5.1 of the Shoreline Master Program. City Council approved a land use type of Conditional Use Permit on October 19, 2001 to construct a residence on the subject property. 4.5 Single-family residences are exempt from obtaining a Shoreline Substantial Development Permit (SSDP) pursuant to WAC 173.27.040(2)(g). 4.6 The subject proposal was reviewed for consistency with Section 8.11 of the Shoreline Master Program regulating "residential development" in the City of Anacortes. 4.7 Maximum permitted height, impervious surface, lot coverage, and setback requirements for the Conservancy Shoreline Environment /Designation and underlying zoning district (CM) will be reviewed at time of building permit application submittal. 4.8 According to Chapter 3.1(D) of the City of Anacortes' Shoreline Master Program, the criteria for granting a Shoreline Conditional Use Permit is the following. A) That the proposed use will be consistent with the policies of RCW 90.58.020 and the policies of the Master Program. STAFF ANALYSIS: The proposed use will be consistent with ROW § 90.58.020 and the-policies of the shoreline master program as described above and conditioned below. B) That the proposed use will not interfere with the normal public use of public shorelines. STAFF ANALYSIS; The construction of a detached garage located on the subject property will not interfere with the normal public use of the shoreline or the Tommy Thompson public trail adjacent to it C) That the proposed use of the site and design of the project will be compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and the shoreline master program. STAFF ANA L YSIS: A single-family residence is located on the subject property that obtained the requisite permits from the City of Anacortes. The proposed detached garage would be accessory to the existing residence—an authorized use. D) That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located. STAFF ANALYSIS: Planning Commission's Findings of Fact, Conclusions of Law, & Decision Shoreline CUP, (File#:SDP-2015-0002) 5 of 10 Clifford Zeifman The addition of a detached garage will not cause adverse effects to the shoreline environment. The applicant proposes mitigation per the critical areas report prepared by ATSI. Any mitigation proposed and/or required will be conditioned below. E) That the public interest will suffer no substantial detrimental effect. STAFF ANALYSIS: The public interest will not suffer substantial detrimental effects by the addition of a detached garage accessory to an existing single-family residence. The proposed mitigation includes riparian habitat restoration area with native vegetation at the northern part of the subject property and removal of a covered deck,trailer, and shed/impervious surface. 4.9 The subject proposal is consistent with the Washington State's Shoreline Management Act and City of Anacortes' 2010, Shoreline Master Program and development regulations listed therein for developments within the "Conservancy" shoreline environment/designation. V. CITY OF ANACORTES COMPREHENSIVE PLAN: 5.1 The following goals from the City of Anacortes'Comprehensive Plan appear to be applicable to the subject proposal: General City Goal 1: Create and maintain a high quality of life and environment that maximizes the opportunity for all citizens to share the social, psychological, physical, and economic benefits of Anacortes /Fidalgo Island; aesthetics and health are key components of quality of life. General City Goal 2: Improve the image of Anacortes as a marine oriented City by encouraging, protecting and enhancing marine views from public places, public access, and marine habitats and resources by encouraging marine water- dependent and water-related businesses and activities. General City Goal 3: Promote compatible land uses and improve visual appearance in each and every zoning district. Tourism Goal 1: Encourage an attractive community in order to increase the City's appeal to visitors and residents alike. Tourism Goal 4: Utilize the shoreline and marine resources of Anacortes to increase tourism while maintaining the quality of the resource. Parks and Recreation Goal 4: Increase the opportunities for public access to and enjoyment of the shorelines of Anacortes. Planning Commission's Findings of Fact, Conclusions of Law, & Decision Shoreline CUP, (File#:SDP-2015-0002) 6 of 10 Clifford Zeifman Conservation Goal 4: Public access to shorelines and tidelands should be maintained, enhanced,and increased. 5.2 The subject proposal is consistent with the goals of the City's Comprehensive Plan listed above, VI. ZONING ORDINANCE/CODE: 6.1 The City's Zoning Map establishes zoning district boundaries and the City Zoning Ordinance establishes (1) the permitted use of land in the various zones, and (2) development standards. 6.2 The subject property is located in the Commercial Marine (CM)Zoning District. 6,3 Pursuant to AMC § 17.21.010, The Commercial Marine (CM) Zoning District is "established in recognition of the unique and irreplaceable nature of certain marine sites within Anacortes, and creates a special commercial district providing for the establishment of such uses as marinas, boat docking facilities, and other commercial enterprises where orientation to navigable waterways and • tourism trade is of prime importance, Uses in this district are intended to serve the needs of marine oriented and tourist activity, and not to create large scape commercial centers providing basic goods and services to the entire community." 6.4 According to AMC § 17.21.040, "single family homes" require an approved land use type of Conditional Use Permit within the Commercial Marine Zoning • District. City Council approved a land use type of Conditional Use Permit on October 19, 2001 to construct a residence on the subject property. 6,5 A second land use Conditional Use Permit (along with a Shoreline Substantial Development Permit, Shoreline Conditional Use Permit, and Shoreline Variance) was approved by City Council to permit a caretaker residence on the subject property, File#: 2006-0001 (Exhibit 021. The caretaker residence however to date has not been constructed. 6,6 Another land use type of Conditional Use Permit however is not required as the proposed garage is less than 10% of existing land area/coverage per AMC, 17.10.100(F). 6.7 The subject proposal is consistent with the above development regulations. The proposed land use is permitted in the underlying zoning district. VII. CONCLUSIONS OF LAW: 7.1 The requirements of the State Environmental Policy Act have been complied • with as the subject proposal is exempt from SEPA environmental review. 7.2 The public notice requirements of the Shoreline Management Act have been complied with. 7.3 The project is consistent with the shoreline designation and general goals, policies and development regulations of the Anacortes Shoreline Master Program, the Shoreline Management Act, the general purposes of the city Planning Commission's Findings of Fact, Conclusions of Law, & Decision Shoreline CUP, (File#;SDP-2015-0002) 7 of 10 Clifford Zeifman comprehensive plan, the city's planning standards and specifications of the zoning ordinance, and other ordinances applicable to the proposal. 7.4 The Planning Commission bases its Findings of Fact, Conclusions of Law& Decision on the entire record, including all testimony and exhibits. Any finding which would be deemed a Conclusion of Law, and any Conclusion of Law which should be deemed a finding is hereby adopted as such. VIII. STAFF RECOMMENDATION: • The Department of Planning, Community, and Economic Development recommend that the subject Shoreline Conditional Use Permit be approved by the Planning Commission subject to the suggested conditions of approval that are listed below, IX. DECISION: Based on the foregoing information and analysis, the environmental documents submitted by the applicant, and the City regulatory authority to implement the policies, standards, and the regulations of the Shoreline Master Plan, Comprehensive Plan, and the Anacortes Municipal Code (AMC), the Planning Commission approves the subject shoreline conditional-use permit subject to the conditions of approval listed below. X. CONDITIONS OF APPROVAL: 1. The scope of the project shall not exceed that as set-out in the shoreline permit application (including attachments), and in accordance with the determinations made and conditions imposed. Exhibit 9 shall be the approved site plan. 2. The project shall comply with all applicable Shoreline Master Program regulations, including but not limited to, Chapter 5, Shoreline Environments & Associated Policies and Regulations, Chapter 6, Environmental Protection General Regulations, Chapter 8, Specific Use Policies and Development Regulations, and Chapter 9 Specific Shoreline Modification Policies and Development Regulations. 3. A building permit(s) with the City of Anacortes' shall be secured prior to work. 4. The applicant shall be responsible for reimbursement to the City for the cost of posting, mailing and publication of the public hearing for this proposal. Payment shall be made prior to building permit issuance. 5. Prior to building permit submittal or approval, the applicant shall submit a landscape plan to the Planning Director for review and approval prepared by a qualified professional showing in detail mitigation proposed utilizing indigenous plants native to Western Washington. All plantings shall be planted and impervious surface removed (covered deck, trailer, and shed) according to the submitted ATSI critical report and site plan (Exhibits 7 & 9 respectively) prior to building permit submittal or approval is given. Planning Commission's Findings of Fact, Conclusions of Law, & Decision Shoreline CUP, (File#: SDP-2015-0002) 8 of 10 Clifford Zeifman 6. The landowner/applicant shall contact the Samish Indian Nation and verify if a Cultural Resource Survey of the subject property is required. If a Cultural Resource Survey is required, compliance with archeological resources requires the hiring of a professional archaeologist who meet the federal standards of the Secretary of the Interior and State Law. The landowner /ap.plicant shall contact the State of Washington's Department of Archaeology and Historic Preservation (DAHP) to initiate the survey. Once the Cultural Resource Survey Report is complete and approved by the DAHP, a copy of the report shall be provided to the City of Anacortes's Department of Planning, Community, and Economic Development. The Cultural Resource Survey Report shall be obtained, reviewed, and approved by the DAHP and Samish Indian Nation before the City of Anacortes's will issue final short plat approval, building permits, land clearing permits,, and/or grade and fill permits 7. if any artifacts or human remains are found upon excavation, the Samish Indian Nation; the City of Anacortes' Department of Planning, Community, & Economic Development; and the State of Washington's Department of Archaeology and Historic Preservation (DAHP) shall be immediately notified and the work in the immediate area cease. Pursuant to RCW § 27.53.060 it is unlawful to destroy any historic or prehistoric archaeological resources. RCW 27.44 and § 27.53.060 require that a person obtain a permit from the Washington State Department of Archaeology and Historic Preservations before excavating, removing, or altering Native American human remains or archaeological resources in Washington. These Findings of Fact, Conclusions of Law, and Decision were adopted by the City of Anacortes' Planning Commission on iA 1 CITY OF ANACORTES, WASHINGTON /4, PLANNING CO IMIS iQ By r Martji Laumbattus, Planning Commission Chair APPEALS: Appeals shall be filed in accordance with AMC § 18,16.100 and/or § 18.16,110, as applicable. Planning Commission's Findings of Fact, Conclusions of Law, & Decision Shoreline CUP, (File#:SDP-2015-0002) 9 of 10 Clifford Zeifman EXHIBITS: EXHIBIT NUMBER: NAME OF EXHIBIT: Exhibit#1 Conditional Use Permit for single--fam lyresidence,File#:.2001-001 Exhibit#2 Conditional Use Permit for caretaker residence, File#: 2006-0001 _ Exh:ibit#3 , .Project Narrative &1ARPA application Exhibit#4 Notice of Application & Public Hearing Exhibit#5 Agency& Department Comments Received - _ Exhibit#6 Public Comments Received Exhibit#7 ATSI Critical Area Report - Exhibit#8 , City of Anacortes' GIS &Assessor's Info Exhibit#9 Site Plan Planning Commission's Findings of Fact, Conclusions of Law, & Decision Shoreline CUP, (File#:SDP-2015-0002) 10 of 10 Clifford Zeifman Draft -.Planning Commission Meeting Minutes for June 24, 2015 Chair Laumbattus called the June 24, 2015 meeting order at approximately 7 p.m. Roll Call Members Present: Commissioners Laumbattus, Pollard, Hanson, Oppel, McNett & Farnsworth. Absent: Pollard and Rhoades Minutes Minutes of May 27, 2015 were approved as written. Correspondence There was no correspondence. New Business Public Hearing: Shoreline Conditional Use Permit, Clifford Zeifman (Discussion/Possible Action) The Chair, Mr. Laumbattus, introduced the proposed Shoreline Conditional Use Permit to construct a 24 foot long by 48 foot long detached garage located at 4205 Fidalgo Bay Road. Mr. Kevin Cricchio, Associate Planner, presented an overhead drawing explained the proposed Shoreline Conditional use permit to construct a 24x48 detached garage. The Property is located in the Commercial Marine zoning district. To the north, south, east and west is the Commercial Marine zoning as well. The Existing land use on the subject property is single family residence, which was built in approximately 2004 and was permitted by an approved conditional use permit. A second conditional use permit was also sought, along with a shoreline substantial development permit, shoreline conditional use permit and shoreline variance, which was approved by City Council on March 9, 2006 to permit a detached caretakers residence. However, the detached caretaker's residence was never built. The proposed detached garage lies within 200 feet of the shoreline and is located outside the 100 foot setback requirements of the "Conservancy" shoreline. No impacts to the existing wetlands are anticipated. There is mitigation proposed by the applicant, which includes the removal of a covered deck, shed and trailer and replanting the area along with replanting a portion of the northern site. These plantings would include native vegetation endituous to Western Washington. Mr. Cricchio stated that this application is exempt from the SEPA environmental review. 1lPage 20150524 pc minutes Mr. Circchio stated that staff recommends to the Planning Commission approval be granted subject to the seven (7) adjusted conditions listed in the findings of fact. The Chair, opened the hearing to take public testimony. Mr. Al Taylor, the architect, explained that the removal of the RV storage covered area will be removed and the • area will be replanted to reduce impervious area as part of mitigating for the new garage space. There were no further comments from the audience so the Chair closed the public hearing. Commissioner Oppel, asked what the height of the garage will be in comparison to the height of the existing home. Mr. Don Measamer, Planning Director, clarified that maximum height of a garage cannot exceed 16 feet from the original average topography. The Planning Commission made a motion to approve Shoreline Conditional Use permit (SDP-2015-0002) as presented subject to the additional seven (7) staff conditions. Commissioner McNett made the motion, seconded by Commissioner Oppel and passed unanimously. 2014 Comprehensive Plan Amendment Cycle Request (Evergreen Islands) (Discussion) Mr. Measamer introduced the new Assistant City Attorney, Darcy Swetnam. She will be attending the Planning Commission meetings on,a regular basis, Ms. Libby Grage prepared a slide show to the Commissioners. 21Page 20150524 pc minutes f STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Bellingham Field Office o 1440 10th Street,Ste 102 Bellingham, WA 98225 June 30, 2015 (360) 715-5200 s FAX(360) 715 5125 .b Al Taylor Taylor Design Architects P,O.Box 312 Clear Lake,WA 98225 Re: City of Anacortes Permit SDP-2015-0002 Clifford Zeifxnan- Applicant Ecology Project ID Number 2876 Dear Mr. Taylor: On June 29, 2015, the Department of Ecology(Ecology)received the City of Anacortes decision on your shoreline conditional use permit for construction of a garage associated with a single family residence on Fidalgo Bay. By law,Ecology-must review conditional use permits for compliance with: • The Shoreline Management Act(Chapter 90.58 RCW) • Ecology's conditional use permit approval criteria(Chapter 173-27-160 WAC) • The Local Shoreline Master Program After reviewing conditional use permits for compliance, Ecology must decide whether to approve, approve with conditions,or disapprove them. Our Decision: Ecology approves your conditional use permit provided your project complies with the conditions required by the City of Anacortes. What Happens Next? Before you begin activities authorized by this permit,the law requires you to wait at least 21 days from the date this letter was mailed, the"date of filing." This waiting period allows anyone (including you)who disagrees with any aspect of this permit, to appeal the decision to the state Shorelines Hearings Board. If no appeal is submitted, the shoreline permit will be effective on July 22, 2015, Please note,however,that other federal, state, and local permits may be required in addition to this shoreline permit. Zeifman Garage June 30,2015 Page 2 of 2 The Shorelines Hearings Board will notify you by letter if they receive an appeal. We recommend you contact the Shorelines Hearings Board before you begin permit activities to ensure no appeal has been received. They can be reached at(360) 664-9160 or http://www.eho.wa,gov, If you want to appeal this decision,you can find appeal instructions (Chapter 461-08 WAC) at the Shorelines Hearings Board website above, They are also posted on the website of the Washington State Legislature at http://apps.leg.wa.gov/wac/default.aspx?cite-461-08. If y u have any questions, please contact Bob Fritzen at(360) 715-5207 or b .pritzen@ecy.wa.gov. 4 Dou 1A I1en Man ger cc: Kevin Cricchio, City of Anacortes C Cityof Anacortes Invoice/Permit#: BLD-2015-0384 904 6th Street Applied date: 08/04/2015 P.O.Box 547 Issue date: 08/04/2015 '001 Anacortes, WA 98221-0547 -7r Expire date: 01/30/2017 (360) 293-1901 COIL Job Address: 4205 FIDALGO BAY RD Permit Type: Single Family Alteration/Repair Permit ANACORTES WA 98221-8355 Project: _ APN: P33202 P33042 Remarks: New detached garage. Owner: CLIFFORD ZEIFMAN Contractor: Address: 5120 STATE HIGHWAY 6 Address: RIESEL TX 76682-3792 Phone: Phone: License#: General Information: Fees: Building Valuation 50000 Building Permit Fee 644.25 Garage Square Footage 1152 Plan Review Fee 418.76 State Building Code Fee 4.50 Total Calculated: 1,067.51 Deposits/Receipts: 0.00 Total Due: 1,067.51 THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 180 DAYS AT ANY TIME AFTER WORK IS COMMENCED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT.ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT, THE GRANT G OF A PEWIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL Vy REGULF V NG CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. I MLA SIGNA1LJRE\OF OWNER OR AUTHORIZED AGENT ISSUED BY 4205 FIDALGO BAY RD CRITICAL AREAS REVIEW & PROPOSED MITIGATION REPORT CITY OF ANACORTES, WA 18 March 2015 MAR 1 9 2015 :. L I LJ Prepared for: Clifford Zeifman 5120 State Highway 6 Riesel, TX 66682 Prepared by: Aqua-Terr Systems, Inc. 21993 Grip Road Sedro-Woolley, WA 98284 Phone: (360) 856-21 Fax: (36Q) 856-5238 E-mail: atsi@fidalgo.net AquaTerrSystemslnc.com ATSI Ayala-Terr Systems, Inc. 4205 FIDALGO BAY RD CRITICAL AREAS REVIEW & PROPOSED MITIGATION REPORT CITY OF ANACORTES, WA 18 March 2015 Prepared for: Clifford Zeifman 5120 State Highway 6 Riesel, TX 66682 Prepared by: Jim Wiggins, MS, PWS Janet Cray, BA, PWS President Associate Biologist Aqua-Terr Systems, Inc. 21993 Grip Road Sedro-Woolley, WA 98284 Phone: ( ) 8 2l39 Fax: (360) 856 52. E-mail: atsi@fidalgo.net AquaTerrSystemslnc.com TABLE OF CONTENTS LXICL TyE L1MMARI_ 1 �. IN'n ODUC I1ON 2 ll.METHODSAND PROCEDURES 2 2.0 RewulkItnrv, yge lgies 2 I Preliminacy Anv 3 2.2 Pei scrin..if 3 2.3 Wetland ldeittifi .aLion 4 JTI. MTV DF CRIvrION 4 3.0 General Existing f:onctitionS 4 1.1 Critical Are 5 3.2 City of A m c o r€ s CAO a i% 5 3.3 NWI t1fiap. Hixt[iric Aerial PhotorEraohs 5 3.4 Yracia i 6 SQL 6 3,6 I-lydrol }. 6 3,7 I rioriW Species,Finbitgts, Wildlife 6 1,8 Wulato aligordu 7 IV, PRC) QSED PROJEC1 9 V.PROPOSED MEnGATlON 9 5-0 Mitivaiion Denting 9 5,1 Proposed 11+1itiptien 10 5.2 Site Prcparatioli 10 5_3 Plant pa I12r1 10 .4 Quality(onlrol&Ass-Built 11 PerfurntamOjgridada 11 5.6 Moniloritl . Majnivaancg &.Contin 12 VJ, IMPACT ASSESSMENT 13 6.0 Review crf t}r 13 6,1 Impact Asses5lrmerj for l istiilg Critical Areas 14 l ggsslnent ESA Coma r Priority HAbitats and Sissias 17 Iz a illy I, TION S 18 V III, WORKS CONSULTED 18 LIST OF FIGURES Figure 1. Vicinity Map Figure 2. Aerial Photograph Figure 3. Existing Conditions Map Figure 3a. Existing Conditions Map (Enlarged View) Figure 4. National Wetlands Inventory (NWI) Map Figure 5. Natural Resources Conservation Service (NRCS) Soil Map Figure 6. Proposed Conditions Figure 7. Proposed Mitigation LIST OF ATTACHMENTS Figures Zeifman-Critical Areas&Mitigation Report, City of Anacortes ATSI-18 March 2015 EXECUTIVE SUMMARY Aqua-Teri Systems Incorporated, (ATSI) was contracted to review an approximately 5acre upland portion of parcel numbers 33200 and 33202, hereinafter referred to as the "project area", for the proposed addition of a garage at 4205 Fidalgo Bay Road, within the City of Anacortes, WA. The entire project area is within the 200-foot shoreline jurisdiction. At our 8 December 2014 site reconnaissance, ATSI observed a FEMA Flood Zone, the marine shoreline of Fidalgo Bay, a regulated 100-foot shoreline conservancy, and an estuarine pocket wetland. Habitats within the project area include the open lawn, the marine waters of Fidalgo Bay, and the estuarine waters in the pocket wetland. The marine waters provide habitat for many avian, mammal, and aquatic species, some of which are ESA listed. Existing non-native lawn does not generally provide quality habitat or shoreline functions; however, in extreme storm events it has the ability to provide refugia and food source functions for the avian, mammal, or aquatic species associated with the adjacent marine waters. The proposed development is the construction of a 24-foot by 48-foot garage with a concrete slab to connect it to an existing concrete parking pad and driveway to the east. Proposed new impervious surface within the 100foot shoreline conservancy will be 433 square feet due to the concrete slab connection between the garage and existing concrete parking pad. This constructed entry into the garage is necessary as it is not possible to turn into the garage from the narrow asphalt road to the west. Proposed new impervious surface outside of the 100-foot shoreline conservancy but within shoreline jurisdiction will be 1,291 square feet for the remainder of the slab connection, the garage itself, and a concrete connection between the garage and asphalt drive to the west. Mitigation for the proposed impervious material and impact to habitat within the 100-foot shoreline conservancy will be mitigated for by the removal of 749 square feet of impervious surface to the north and replanting it with 749 square feet of pervious lawn habitat and by the restoration of 446 square feet of native plant dominated riparian habitat in the northern portion of the site for a total of 1,195 square feet of replaced habitat. Per the City of Anacortes Shoreline Master Plan, it is our best professional judgment that this project as proposed has achieved a no net loss of shoreline functions due to the combination of redesign, minimization of impacts within the 100foot shoreline conservancy, and the proposed mitigation. The proposed impact of 433 square feet of new impervious surface will occur in an area that is functionally disconnected from the shoreline by an existing concrete parking pad. The proposed compensatory mitigation is for the removal of a greater amount (749 square feet) of impervious surface material, replanted with lawn, and for the restoration of (446 square feet) native riparian habitat adjacent and functionally connected to the shoreline. Additionally BMP's will reduce temporary/temporal shoreline impacts and net gains are anticipated in Fish & Wildlife Habitat (increases in vegetation species diversity, LWD, snags, etc.), Food Chain Support, and Shade from the proposed restoration of native trees and shrubs. As per FEMA guidelines, all existing structures are, and the proposed structures will occur, above the base flood elevation. Our best professional judgment is that this project cannot be determined as a "No Effects (NE)" because, although no construction will occur within marine waters or the immediate shoreline, 433 square feet of new impervious surface and work will occur within the 100foot shoreline conservancy. However, because mitigation will occur in the form of 749 square feet of impervious surface removed, and a total of 1,195 square feet of habitat will be restored (approximately half of which will be native species closer to the shoreline), and BMP's implemented; ATSI recommends a "Not likely to Adversely Affect (NLAA)" FEMA determination for this project because potential impacts are anticipated to be insignificant and fully mitigated for. I. INTRODUCTION Aqua-Terr Systems Incorporated, (ATSI) was contracted to review an approximately 5acre upland portion of parcel numbers 33200 and 33202, hereinafter referred to as the "project area", for the proposed addition of a garage at 4205 Fidalgo Bay Road, within the City of Anacortes, WA, within a portion of Section 30, Township 35 North, Range 2 East, W.M. (Figures 1 to 3). The purpose of this report is to assess the presence, location, and extent of wetlands, streams, shorelines and other biological critical areas including fish and wildlife habitat and their regulated buffers under the jurisdiction of the City of Anacortes, the Washington State Department of Ecology (Ecology), and the U.S. Army Corps of Engineers (Corps) that are located within or adjacent to the project area. II. METHODS AND PROCEDURES 2.0 Regulatory Agencies City, state and federal governments regulate critical areas on and adjacent to the project area. The City of Anacortes regulates all activities in and around wetlands, streams, and other critical areas such as species of local concern through Chapter 17.70 of the City of Anacortes Municipal Code (AMC) Critical Area Regulations. Marine shoreline vegetation is regulated in Section 17.70.580. Classification of critical areas and their associated buffers follow the criteria outlined within this code. Shorelines are regulated through the Chapter 18.16 of the City of Anacortes Shoreline Master Program (SMP). The Federal Emergency Management Agency (FEMA) regulates floodplain management practices and assists communities in meeting the requirements of the Endangered Species Act (ESA). The US Army Corps of Engineers (Corps), through Section 404 of the Clean Water Act, has the authority to regulate the placement of fill materials in wetlands and other waters of the United States and requires permits for such activities. The Department of Ecology (Ecology) regulates all wetlands (RCW 90.48). Specific references to these agencies and applicable code requirements are described in further detail below. 2.1 Preliminary Analysis ATSI uses a two-step procedure to determine the presence and extent of wetlands, streams, habitat, and other biological critical areas within and adjacent to a project area. This procedure includes preliminary data review and on-site reconnaissance in which a qualitative analysis of biota and habitats is performed. The goal of this analysis and site review is to describe the biological aspects within and adjacent to a project area in order to provide sufficient information for the client and regulating agency to make informed decisions regarding these features. The preliminary review of public resource documents is used to provide initial information on vegetation, soil, and hydrology and other critical areas within and adjacent to a project area. These resources include, but are not limited to: • USDA Natural Resource Conservation Service (NRCS) soil surveys, • NRCS hydric soil list, • National Wetland Inventory (NWI) maps, • Local jurisdiction inventory maps, • Local jurisdiction Shoreline Master Program (SMP), and • Local jurisdiction Critical Area Ordinances (CAO). During an on-site reconnaissance, the general terrain is observed, a project area is traversed, and visual observations are made on areas adjacent to a project area to identify wetlands, shorelines and other critical areas. Aerial photographs, soil data, and topographic maps are used for orientation and to assist in locating wetlands, shorelines, streams, and other unique or critical habitats. Data on topography, dominant communities of vegetation, soil, and hydrology are collected and recorded. An on-site reconnaissance was conducted on 8 December 2014. As the site is a constructed residence with a lawn and minimal native vegetation, specific sample plot data were not collected. 2.2 Personnel The on-site reconnaissance was conducted and this report prepared by ATSI Associate Biologist, Janet Cray BA, PWS and ATSI Principal, Jim Wiggins MS, PWS. Additionally Ms. Karla Van Leaven, BS, PWS was at the on-site reconnaissance. All ATSI staff are Professional Wetland Scientists (PWS) certified through the Society of Wetland Scientists Professional Certification Program. Mr. Wiggins has a Master of Science (MS) Degree and has been practicing as a biologist since 1988. Ms. Cray has a Bachelor of Arts (BA) degree and has been practicing as a professional biologist since 2006. Ms. Van Leaven has a Bachelor of Science (BS) degree and has been practicing as a professional biologist since 2008. ATSI staff received habitat assessment training from FEMA during their workshops on 17 June 2010 and 1 and 2 March 2011. All ATSI staff have completed the training for the Department of Ecology wetland rating system, identification of the ordinary high water mark (OHWM) and other biologically pertinent courses and workshops. 2.3 Wetland Identification Any wetlands identified and referred to in this report follow the Corps definition: "...those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions (Environmental Laboratory 1987). All wetlands are identified based on the presence of indicators for hydrophytic vegetation, hydric soils, and wetland hydrology as described in the Corps, Wetland Delineation Manual (Environmental Laboratory 1987); and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Corps 2010). All three parameters must be present for an area to be considered a jurisdictional wetland under normal circumstances. Atypical situations and problem areas are treated per the Corps and state manuals. III. SITE DESCRIPTION 3.0 General Existing Conditions The approximate 5-acre project area is located at 4205 Fidalgo Bay Road within the City of Anacortes, WA (Figures 1 to 3). Land use in the vicinity of the project area consists of Fidalgo Bay Road, single family residential, the Tommy Thompson Trail, and State Route 20 Spur (SR-20) to the west; Fidalgo Bay, and an RV park to the south and southeast; and Fidalgo Bay to the east (Figure 4). The entire project area lies within the 200-foot shoreline jurisdiction. Improvements on the site include existing non-conforming structures within the 100-foot shoreline conservancy, such as rip-rap shoreline armoring along the eastern boundary; an asphalt driveway, shed, and trailer with a covered deck at the north end (Figure 3), and an asphalt drive, residence, concrete pad and shed at the southern end (Figure 3a). Existing structures that occur outside of the 100-foot shoreline conservancy include the remainder of the asphalt driveway, septic tanks, a valve box, a control panel, a concrete pad, a shed, and a fence along the western boundary (Figure 3a). Vegetation within the project area is primarily non-native lawn and ornamental landscape plants; however, native plants occur within the buffer of the estuarine pocket wetland in the southern portion of the site and a few native trees were observed planted in a landscape strip adjacent to the bulkhead (Figure 2). Topography within the project area is relatively level with the shoreline armoring constructed between 11 to 15 feet in elevation and the residence constructed from 14 to 14.5 feet in elevation (Figures 3 and 3a). 3.1 Critical Areas At our 8 December 2014 site reconnaissance, ATSI observed a FEMA Flood Zone, the marine shoreline of Fidalgo Bay, a 100-foot shoreline conservancy, and an estuarine pocket wetland. The marine waters of Fidalgo Bay contain listed species and their habitats. FEMA Flood Zone AFEMA firmette from Panel 80 of 100, (Map Number 5303 I70080A)indicates that the property occurs within Zone AE with a base flood elevation of 7 (NAVD)(Figure 3). Fidalgo Bay& 200-foot Shoreline Jurisdiction Fidalgo Bay bounds the site to the north, east, and southeast. The marine waters of Fidalgo Bay contain listed species and their habitats. The project area is within the 200foot shoreline jurisdiction of the City of Anacortes and has a 100-foot shoreline conservancy (Figures 3 and 3 a). Estuarine Pocket Wetland City of Anacortes CAO maps indicate that this wetland is a Category II wetland, approximately 40,615 square feet in size. As no work was proposed in the wetland or 100-foot shoreline conservancy setback, and therefore no direct impacts are anticipated, we did not rate this wetland. 3.2 City of Anacortes CAO Maps In addition to the estuarine pocket wetland noted above, the City of Anacortes CAO maps indicate a Bald Eagle nest between SR-20 and Fidalgo Bay Road to the north at the southern boundary of the residential area, and it indicates another Bald Eagle nest to the south near the RV park and the Tommy Thompson Trail. We concur with this mapping. 3.3 NWI Map & Historic Aerial Photographs The National Wetland Inventory (NWI) map indicates that the project area is encompassed by a forested wetland (Figure 4). We do not concur with this assessment as we did not observe forested wetland characteristics on the site and we observed a pocket estuarine wetland in the southern portion of the site. ATSI assisted the former landowner during the construction of the home sometime between 1998 and 2004. At that time there were no indications of forested wetlands on the site and use of the site included a relic log dump and barge loading area. ATSI reviewed historic aerial photographs from Skagit I-Map to determine if any inundated areas were evident historically. A 1969 aerial photograph indicates that the site was cleared sometime prior to 1969, and the estuarine pocket wetland appears to be in its current location; however, no additional indications of inundation can be seen in the photograph. In 1998 the site appears as a coniferous forest and the pocket wetland is less apparent and appears disturbed (wetlands further to the south have been filled in and are now covered with the RV park). In the 2004 aerial, the site has again been • cleared and a house, lawn, and the pocket wetland are evident and in their current locations. No additional indications of inundation were seen in any of the photographs. • 3.4 Vegetation Vegetation within the project area is primarily lawn and non-native ornamental trees and shrubs; however, there is a 10-foot, barked strip of landscaping adjacent to the bulkhead (shoreline armoring). Although this strip primarily contains non-native ground cover, it includes some red alder (Alnus rubra; FAC) and big leaf maple (Acer macrophyllum; FACU) at an approximately 60-foot spacing (Figure 2). 3.5 Soils Mapped NRCS Soils The NRCS maps one soil unit within the project area: 165-Xerorthents, 0 to 5 percent slopes (Figure 5)(Soil Survey Staff; Web Soil Survey), Xerorthents is not listed as a hydric soil (Soil Survey Staff; Soil Data Mart). Excerpts of the NRCS descriptions for each are as follows (Klungrnan): 165-Xerorthents, 0 to 5 percent slopes. This map unit is on hills and flood plains. Areas are irregular in shape and are 5 to 40 acres in size. The native vegetation has been removed from the soils in this unit. Elevation is 5 to 250 feet, The average annual precipitation is about 30 inches, the average annual air temperature is about 50 degrees F, and the average frost-free season is 160 to 200 days. This unit consists of areas where the surface layer and subsoil have been highly disturbed, removed, and replaced with other soil material. Texture and depth are highly variable within short distances. included in this unit are small areas of Bow soils on glaciated remnant terraces and Xerofluvents on flood plains. Also included are small areas of soils that are covered with sawdust and other wood wastes. Permeability, available water capacity, effective rooting depth, surface runoff, and the hazard of erosion are highly variable. They are dependent on the amount of disturbance and cutting or filling of the soil, In some areas a seasonal high water table is at a depth of more than 24 inches from November to March. This unit is used mainly for log landings and unpaved parking areas. It is also used as fill sites and athletic fields. This map unit is in capability subclass VIIs. 3.6 Hydrology The dominant source of hydrology in the project area is from direct precipitation. Ditches along Fidalgo Bay Road and storm water conveyance systems disrupt surface water runoff from upslope areas. 3.7 Priority Species, Habitats, Wildlife Priority Species We did not observe endangered, threatened, or sensitive plant or animal species regulated by the City of Anacortes, Washington State, or the federal government within the project area. At our 8 December 2014 reconnaissance, we identified Fidalgo Bay adjacent to the project area to the north, east, and southeast. Listed species occur within the marine waters of Fidalgo Bay. The Washington Natural Heritage Program does not document this section, township, and range as containing Natural Heritage Features (WNHP 2015). A Washington State Department of Fish and Wildlife (WDFW) report has not been requested for this project area; however, WDFW online sources map the following: • 2 Bald Eagle nests approximately 1,950 feet (0.37 miles) to the northwest and southeast of the project area. Bald Eagle (Haliaeetus leucocephalus) are a federal species of concern and state sensitive species; • Surf smelt breeding along the shoreline. Surf smelt (Hypomesus pretiosus) are not indicated as a threatened, endangered, or sensitive species. • Pacific herring breeding along the shoreline. Pacific herring (Clupea pallasii) is a state candidate species. • Both surf smelt and Pacific herring are forage fish for listed salmonids. Habitats & Wildlife Habitats within the project area include the open lawn, the marine waters of Fidalgo Bay, and the estuarine waters in the pocket wetland. Wildlife that use the open lawn areas are primarily passerine birds and small mammals such as rabbits. The marine waters provide habitat for many avian, mammal, and aquatic species, some of which are ESA listed. While the existing non-native lawn does not generally provide quality habitat or shoreline functions, in extreme storm events it has the ability to provide refugia and food source functions for the avian, mammal, or aquatic species associated with the adjacent marine waters. 3.8 Regulatory Agencies City, state and federal governments regulate critical areas on and adjacent to the project area. Local Regulatory Agency & Code The City of Anacortes regulates all activities in and around wetlands, streams, and other critical areas such as species of local concern through the City of Anacortes Municipal Code (AMC) Critical Areas Regulation (AMC Chapter 17.70). Classification of critical areas and their associated buffers follow the criteria outlined within this code. Code pertaining to existing non-conforming structures states that no such structure or use shall be expanded, changed, enlarged, or altered in any way that increases its nonconforming character relative to the provisions of this chapter without securing a conditional use permit (except as specifically authorized for the State Ferry Terminal or ; Shannon Point Marine Center (17.70.500)). Shorelines are regulated through the Shoreline Master Program which regulates all "development" (AMC Chapter 18.16). The Anacortes Shoreline Jurisdiction includes the waters within the City limits, the land underlying them, and all lands extending 200 feet in all directions as measured on a horizontal plane from the OHWM. Marine shoreline vegetation code requires landscaping for development or redevelopment projects (AMC 17.70.580). Where portions of already-developed sites are proposed to be redeveloped, planting beds for marine shoreline vegetation shall only be required for those portions of the site actually abutting the shoreline. Planting beds shall be a minimum 6-foot wide by 10-foot long strip of land (e.g. 60 square feet) lying within and along the fifteen-foot wide strip of land immediately landward of the ordinary high water (OHW) for unarmored shorelines or the landward edge of the existing shoreline armoring. For new development projects the total minimum linear footage along the shoreline shall be 50 percent of the project's shoreline length and 25 percent for redevelopment of already-developed project sites. It should specify (a) particular species of salt-tolerant riparian vegetation and a minimum of 5 years monitoring. The criteria for success shall specify a minimum 80 percent survival rate of riparian vegetation and a minimum of 50 percent cover of riparian vegetation 4 feet tall or taller. Federal& State Agencies The Federal Emergency Management Agency (FEMA) regulates floodplain management practices and assists communities in meeting the requirements of the Endangered Species Act (ESA). Section 7 of the Endangered Species Act (ESA) requires Federal agencies to insure that any action authorized, funded or carried out by them is not likely to jeopardize the continued existence of listed species or modify their critical habitat. Habitat assessments may be required and should implement the guidance outlined in the FEMA Region 10, "Regional Guidance for Floodplain Habitat Assessment and Mitigation in the Puget Sound Basin, August 2013." The Corps requires notification of all disturbances to all wetlands, streams, and other waters and it is incumbent upon the landowner to disclose such disturbances. Isolated wetlands are not under the jurisdiction of the Corps, but the Corps must confirm isolated wetland status. Ecology and the Environmental Protection Agency require a 401 water quality certification for disturbance of wetlands depending upon the type of project and for disturbance of wetlands 0.5-acre or greater. Ecology regulates all wetlands (RCW 90.48). Any disturbance of a wetland area 0.5 acre or greater, or within a 100-year floodplain requires an Individual Permit from the Corps which includes the requirement of compensatory mitigation and an alternatives analysis. The Corps also has the discretion not to allow disturbance to high quality wetlands. Both Ecology and the Corps require certification that no listed, endangered, threatened, or sensitive plant or animal species, or National Historic Places are present on the subject parcel. IV. PROPOSED PROJECT The proposed development is the construction of a 24-foot by 48-foot garage with a concrete slab to connect it to an existing concrete parking pad and driveway to the east (Figure 6). Proposed new impervious surface within the 100foot shoreline conservancy will be 433 square feet due to the concrete slab connection between the garage and existing concrete parking pad. Proposed new impervious surface outside of the 100-foot shoreline conservancy but within shoreline jurisdiction will be 1,291 square feet for the remainder of the slab connection, the garage itself, and a concrete connection between the garage and asphalt drive to the west (Figure 6). V. PROPOSED MITIGATION 5.0 Mitigation Sequencing 1, Avoidance (Figures 6 and 7): o Avoidance of Fidalgo Bay and the nearshore environment has been achieved as no inwater or nearshore work is proposed. a Avoidance of the estuarine wetland and its setback was achieved by redesigning the project to move the garage away from the initial proposed location on top of an existing concrete pad closer to the residence which was within the setback of the estuarine wetland. o Avoidance of the entire 100-foot shoreline conservancy was not practicable due to safety concerns and a wider required turning radius as it is not possible to turn into the proposed garage from the narrow asphalt drive to the west. Therefore, entry into the garage is proposed to occur from the existing concrete parking pad to the east via a 4-inch concrete slab connection (Figure 6). 2. Minimization: o Impacts to the 100-foot shoreline conservancy have been minimized to the maximum extent practicable by locating the proposed garage completely outside of the 100foot setback. o Impacts to the 100-foot shoreline conservancy have been reduced to 433 square feet for the concrete slab connection between the existing concrete parking pad and the proposed garage (Figure 6). This location is functionally disconnected from the shoreline by the existing concrete parking pad and existing shoreline functions are already impacted (Figure 6). 3. Rectifying/restoring: The proposed compensatory mitigation is for the removal an equal or larger amount of impervious surface material and the restoration of and equal or larger amount of riparian habitat within alternative areas that are closer to the shoreline and not functionally disconnected (Figure 7). 4. Reducing/eliminating the impact over time: n/a. 5. Compensating: The proposed impervious material and impact to habitat within the 100-foot shoreline conservancy will be mitigated for by the removal of 749 square feet of impervious surface to the north and replanting it with 749 square feet of pervious lawn habitat, and by the restoration of 446 square feet of native plant dominated riparian habitat in the northern portion of the site for a total of 1,195 square feet of replaced habitat (Figure 7). 6. Our rationale for allowing for the shoreline alteration at this location is: • The proposed design holds the least impacts to the least number of critical areas, • The impervious surface and impacts are proposed for a location that is functionally disconnected from the shoreline where existing functions are already negatively impacted, and, • Compensatory mitigation for impervious surface area can be provided in an alternate location that is not disconnected from the shoreline, and an additional habitat area can be created closer to the shoreline where shoreline functions may be restored via the removal of non-native lawn and landscape vegetation and replanting with native species. (A more detailed assessment of shoreline functions and impacts is provided below). 5.1 Proposed Mitigation Proposed mitigation for 433 square feet of impervious surface and resulting impacts to habitat within the 100-foot shoreline conservancy is to (Figure 7): 1. Remove 749 square feet of existing impervious material and replant 749 square feet of pervious lawn habitat in the northern portion of the site, and 2. Restore 446 square feet of riparian habitat by removing the existing lawn and non-native landscape plants and replacing them with native plant- dominated habitat closer to the shoreline at the northern property boundary. 5.2 Site Preparation The area proposed for in the removal of 749 square feet of impervious surface and replanting with lawn will not require biologic recommendations or monitoring; therefore, it is not discussed in further detail within this report. The restored riparian habitat area at the northern portion of the project area will need to be prepared prior to planting. A minimum of 12 inches of clean topsoil shall be placed prior to plant installation if topsoil does not occur in this location. If the topsoil has been compacted, the topsoil shall be rototilled prior to plant installation. If soil has not been disturbed, then no additional soil preparation is required other than as described below within the planting plan. 5.3 Planting Plan The restored riparian habitat area will be planted with the native herbaceous, shrub, and tree species listed in Table 1. Any variation from the listed species in Table 1 shall be under the direction of a qualified biologist. Only plant species native to the region will be planted within the enhancement area. All plants will be planted in topsoil. Planting should occur in February or during the wet season the following year post site preparation or as appropriate for planting success and site access. Plant stock will be from a local native plant nursery. Plants shall be free of disease and healthy to improve transplant survival. Planting holes shall be twice as wide and twice as deep as the plant root size. Planting holes may be amended with soil microbes if deemed necessary by the landscape/plant installer to ensure plant survival. All trees and shrubs will have plant protectors and staked if necessary. Mulch (4 inches of weed free chipped deciduous wood) will be placed around the plantings and on all bare soils to decrease the potential for sedimentation or erosion occurring near the shoreline and to provide cover to retain moisture and reduce weed species competition. Trees shall be planted 10-feet on center in the appropriate locations (within sunlight and hydrological conditions the plants will tolerate)(Table 1). For example, the 100-foot conservancy has been primarily cleared; therefore, only sapling species that can tolerate dryer upland soils in partial to full sun conditions (e.g. shore pine and maple) should be installed within these locations. All trees shall be bare root or potted and not less than 24 inches tall (1-gallon size or equivalent). Shrubs shall be planted at 3 feet on center in the appropriate locations (e.g. sunlight and hydrological conditions the plants will tolerate) within the mitigation areas (Table 1). All shrubs shall be a minimum18-inch (1-gallon size or equivalent). Herbs (dune grass) shall be planted as seed (preferred) or bare root along an approximate 6 foot strip directly adjacent to the shoreline. Seeds may be hand collected from local resident populations and spread approximately at 2 inches. If bare root plants are used, they may be planted at 6 inches on center. Table 1. Recommended planting for species, quantity, and size. Vegetation Layer&Species Quantity Size Trees: 4 at 10 ft. on center spacing shore pine (Pinus contorta; FACU) 2 24" red alder(Alnus rubra; FAC) 2 24" Shrubs: 42 at 3 ft. on center spacing Douglas maple (Acer glabrum;FACU) 2 1 gp osoberry(Oemleria cerasiformis, FACU) 14 1 gp snowberry(Symphoricarpos albus, FACU) 14 1 gp spreading gooseberry(Ribes divaricatum; FAC) 10 1 gp Herbaceous: dune grass (Leymus motifs; FACU) seed mix n/a 1 gp=1 gallon pot or equivalent 5.4 Quality Control &As-Built To assure success of the mitigation areas, a qualified biologist or landscaper will be on- site periodically during all phases of mitigation implementation. An as-built drawing of the mitigation areas will be provided after planting. The as-built shall be prepared by a professional biologist, landscaper, or Engineer to produce the final drawing. This drawing will indicate all appropriate features for the mitigation area, e.g., the approximate locations of the installed trees, shrubs, and herbaceous plants. The actual quantity and species of the planted material will be indicated in a table on the drawing. 5.5 Goals & Performance Standards Mitigation Goals The goal of the mitigation plan is to provide compensatory mitigation for disturbance to the 100-foot shoreline conservancy. The restored riparian habitat area will be planted with native trees, shrubs, and herbaceous plants. This will be an increase in shoreline habitat functions at the mitigation area compared to the functions currently existing in the proposed disturbance area (i.e., lawn). Performance Standards Planted tree and shrub vegetation will have a 100 percent and 95 percent survival respectively after the first year of installation and a minimum 80 percent survival for all years following. The restored habitat area vegetation will have a 50 percent estimated cover after 5 years with at least 3 species. A minimum of 2 photographic points, within the mitigation area will be taken that will best illustrate conditions during the 5 years of monitoring. The possible presence of natural regeneration of native trees, shrubs, or herbaceous plants or volunteer native species may be factored into the decision for whether new plant material is required or thinning an abundance of a single species such as red alder is required. Non-native invasive species will comprise no more than 10 percent of the emergent layer and none of the shrub or tree layers for any given year. Non-native invasive species include, but are not limited to: Common Name Scientific Name reed canarygrass Phalaris arundinacea Himalayan blackberry Rubus armeniacus evergreen blackberry Rubus laciniatus Canada thistle Cirsium arvense poison hemlock Conium maculaturn hedge bindweed Calystegia sepium Scot's broom Cytisus scoprius English ivy Hedera helix Japanese knotweed Polygonum convolvulus tansy ragwort Senecio jacobaea butterfly bush Buddleja davidii Percentages of non-native species that do not meet the above criteria will require strict control methods. Hand pulling is the preferred option and will be the first approach during maintenance. However, if any one area of reed canarygrass, Himalayan blackberry or other undesirable plant exceeds greater than 10 percent cover, the plants will be sprayed with glycophosate or a suitable herbicide by a licensed applicator in the spring and rechecked during the summer and fall seasons, as necessary, until the plant(s) are under control. 5.6 Monitoring, Maintenance & Contingency Plan Monitoring Monitoring shall occur during and after installation and periodically as required during the monitoring period and continue for a period of 5 years or as required by the City of Anacortes. This monitoring is required to assure the success of the mitigation areas. A single monitoring period will consist at a minimum of two on-site reviews (mid spring (April) and early fall (September), or as many site reviews as necessary to record site conditions such as presence of health of plants, estimating percent cover, live plants, and presence of invasive species. One written report will be prepared per monitoring period. Monitoring reports shall be submitted no later than December 31st of each monitoring year. Monitoring shall occur for years 1, 2, 3, and 5 post-mitigation planting. The Year 1 report shall document site conditions (as discussed above) 1 year post- mitigation planting. Maintenance options and suggested recommendations to maintain the site will be given in the monitoring report. This report will include the as-built drawing of the mitigation areas (see above). Maintenance Maintenance shall occur monthly or as needed throughout the first 3 years after planting. Maintenance includes but is not limited to weeding, watering, and fertilizing if required. Maintenance may be decreased to twice yearly (spring and fall) after 3 years, if it is determined that monthly maintenance is no longer necessary (i.e., the installed plants are vigorous and the invasive and competitive plants have been reduced) by a qualified biologist. Contingency Plan If performance standards are not met, a contingency plan may be necessary in order to accomplish the project goals. A contingency plan will be developed to address the failed portions of the planting plan. Plant mortality is the most likely failure anticipated. Plant attrition can be resolved through evaluation of cause, followed by replacement of the same or more appropriate species. In the event more than 30 percent of the plantings fail by the second year, the site shall be replanted to 100 percent, with improved maintenance and plant protection to ensure plant survival. The applicant shall be responsible for the costs of replanting and plant maintenance and these costs shall be separate from any financial guarantees. Once the reason for failure is determined and corrected, replanting would take place and monitoring would follow the same schedule as the first planting. Possible reasons for failure may include poor quality of the original stock, poor soil, insufficient watering, too much water, herbivory, improper installation, or competition by weedy species. If poor soil quality is determined then the area shall be fertilized. Fertilizer application shall be discussed and determined by a qualified landscaper or biologist preferably by soil testing to determine whether or which soil amendments are necessary or desirable. In the latter case the contingency plan would simply be to continue weeding and planting with native seeds or plants until the native vegetation becomes established. VI. IMPACT ASSESSMENT 6.0 Review of Proposed Project & Mitigation The proposed development is the construction of a 24-foot by 48-foot garage with a concrete slab to connect it to an existing concrete parking pad and driveway to the east (Figure 6). Proposed new impervious surface within the 100foot shoreline conservancy will be 433 square feet due to the concrete slab connection between the garage and existing concrete parking pad. Proposed new impervious surface outside of the 100-foot shoreline conservancy but within shoreline jurisdiction will be 1,291 square feet for the remainder of the slab connection, the garage itself, and a concrete connection between the garage and asphalt drive to the west (Figure 6). Proposed mitigation for 433 square feet of impervious surface and resulting impacts to habitat within the 100-foot shoreline conservancy is the removal of 749 square feet of impervious surface to the north and replanting it with 749 square feet of pervious lawn habitat, and by the restoration of 446 square feet of native plant dominated riparian habitat in the northern portion of the site for a total of 1,195 square feet of replaced habitat. 6.1 Impact Assessment for Existing Critical Areas Existing critical areas within the project site include FEMA Flood Zone, the marine shoreline of Fidalgo Bay, a regulated 100-foot shoreline conservancy and an estuarine pocket wetland. The marine waters of Fidalgo Bay contain listed species and their habitats. Impact Assessment for FEMA Flood Zone AE A FEMA firmette from Panel 80 of 100, (Map Number 5303170080A)indicates that the property occurs within Zone AE with a base flood elevation(BFE) of 7 feet (NAVD). Due to the existing non-conforming armoring along the shoreline, all existing structures occur above the base flood elevation (BFE) and the proposed structure will be constructed above the BFE; therefore, no negative direct impacts are anticipated to occur. Impact Assessment for the Estuarine Pocket Wetland & Setback No fill is proposed for the estuarine wetland and no work is proposed within the 100-foot setback; therefore no direct or indirect impacts will occur. Impact Assessment for Fidalgo Bay Marine Shoreline Functions The City of Anacortes SMP (DR 5.8.3) requires that all impervious surfaces, structures, etc. occur outside of the 100-foot conservancy, The City of Anacortes SMP also requires that all development within shoreline jurisdiction result in a no net loss of shoreline functions. Shoreline ecological functions include, but are not limited to: Fish & Wildlife Habitat (in-water, nearshore & shoreline buffer), Food Chain Support, Water Quality Protection & Enhancement, Erosion Control, Maintenance of Littoral Drift, Flood Storage, Conveyance &Attenuation, Ground Water Recharge and Discharge, Wave Attenuation, Protection from Hazards, Historical and Archaeological and Aesthetic Value protection, Educational Opportunities, and Recreation. Assessment of No ChangejNo Losses) in Shoreline Functions: Fish & Wildlife: In-water fish habitat: no in-water work will occur; therefore no changes will occur. Near shore habitat: no nearshore work will occur; therefore no changes will occur. No fill, loss of, or changes to the physical marine shoreline habitat for listed species will occur. Water Quality & Enhancement: No fill is proposed for the estuarine wetland and no work is proposed within the 100foot setback; therefore no changes will occur. Septic/Sewer pre-and post-development is the same; therefore no changes will occur. Wave Attenuation: no in-water or nearshore work will occur; therefore no changes will occur. Littoral drift: no in-water or nearshore work will occur; therefore no changes will occur. Historical and Archaeological value - No change will occur. Educational & Recreation Opportunities - No changes will occur. Assessment of Potential Impacts (Losses) in Shoreline Functions: Flood Storage, Conveyance &Attenuation; Ground Water Recharge and Discharge; and Fish & Wildlife habitat • Proposed new impervious surface within the 100foot shoreline conservancy will be 433 square feet from the concrete connecting slab to an existing concrete parking pad to the east. • Proposed mitigation is to remove a larger amount of impervious area by removing 749 square feet of existing structures in the northern portion of the site and to replant lawn for an overall increase in pervious surface area and non-native habitat regained; • Proposed mitigation is to restore 446 square feet of riparian habitat by removing existing lawn and non-native landscape plants and replanting a native plant dominated habitat in an area not functionally disconnected from the shoreline. • Proposed mitigation will result in a total of 1,195 square feet of replaced habitat. • Due to the mitigation proposed, impacts are anticipated to be insignificant and fully mitigated for. Erosion and sedimentation due to site work and bare soils: • Increases in sediment erosion may occur during/due to vegetation disturbances as the existing structures are removed and lawn is replanted and native plants are installed within the restored riparian habitat area. • BMP's such as silt fencing between the work areas and the shoreline will be implemented and mulch is proposed to be used for all bare soils. • Due to BMP's these impacts are anticipated to be de minimis and temporary/temporal only. Erosion due to increases in stormwater due to increased impervious surfaces occurring from the proposed garage and concrete slab are de minimis as stormwater generated runoff will percolate directly into the surrounding soil. Pollution due to increased impervious surfaces is not anticipated because the garage will have a roof where no pollutants are anticipated to be generated. Runoff from the new concrete slabs is not anticipated to generate pollutants and will percolate directly into the soil and therefore be filtered. Assessment of Potential Increases (Gains) in Shoreline Functions Fish &Wildlife Habitat: Vegetative species diversity: replacing existing lawn and non-native landscape plants with native vegetation as proposed within the restored riparian habitat area will increase species diversity. LWD habitat & Recruitment: replacing existing lawn and non-native landscape plants with native tree species as proposed within the restored riparian habitat area will increase the future potential for LWD. Snag habitat: replacing existing fawn and non-native landscape plants with native tree species as proposed within the restored riparian habitat area will increase the future potential for snags. Shade: replacing existing lawn and non-native landscape plants with native vegetation as proposed within the restored riparian habitat area will increase shade along the shoreline. Food Chain Support: replacing existing lawn and non-native landscape plants with native vegetation, adjacent to the bulkhead and closer to the shoreline, as proposed within the restored riparian habitat area, will increase natural plant litter and a diversity of food sources closer to the shoreline. Summary Findings Findings: It is our best professional judgment that this project as proposed has achieved a no net loss of shoreline functions due to: • Redesign and minimization of impacts within the 100-foot shoreline conservancy area to 433 square feet of new impervious surface area that will occur in an area already functionally disconnected from the shoreline, • Proposed compensatory mitigation is for the removal of 749 square feet of impervious surface area and replanting of lawn habitat area closer to the shoreline in an area that is not functionally disconnected from the shoreline, • Proposed compensatory mitigation will restore 446 square feet of riparian habitat by replacing existing lawn and non-native landscape plants with native plant dominated habitat closer to the shoreline (for a total of 1,1195 square feet of habitat replaced), • Proposed use of BMP's to reduce temporary/temporal impacts due the proposed project, • Anticipated future net gains in Fish & Wildlife Habitat (increases in vegetation species diversity, LWD, snags,), • Anticipated future net gains in Food Chain Support, and • Anticipated future net gains in Shade. 6.2 Assessment ESA Compliance for Priority Habitats and Species Section 7 of the Endangered Species Act (ESA) requires Federal agencies to insure that any action authorized, funded or carried out by them is not likely to jeopardize the continued existence of listed species or modify their critical habitat. The following assessment implements the guidance outlined in the FEMA Region 10, "Regional Guidance for Floodplain Habitat Assessment and Mitigation in the Puget Sound Basin, August 2013. "ATSI staff received habitat assessment training from FEMA during their workshops on 17 June 2010 and 1 & 2 March 2011. The City of Anacortes SMP (DR 5.8.3) requires that all impervious surfaces, structures, etc. occur outside of the 100-foot conservancy. The proposed project within said conservancy is to create a connection between the proposed garage and an existing concrete slab. A Washington State Department of Fish and Wildlife (WDFW) report has not been requested for this project area; however, the WDFW maps the following: • Bald Eagle breeding indicated by 2 nests approximately 1,950 feet (0.37 miles) to the northwest and southeast of the project area. Bald Eagle (Haliaeetus leucocephalus) are a federal species of concern and state sensitive species; • Surf smelt breeding along the shoreline. Surf smelt (Hypomesus pretiosus) are not indicated as a threatened, endangered, or sensitive species. • Pacific herring breeding along the shoreline. Pacific herring (Clupea pallasii) is a state candidate species. • Listed Puget Sound Salmonid Species occur within the marine waters of Fidalgo Bay. Impact Assessment & Recommendation for Bald Eagle This project is not anticipated to have any direct or indirect impacts to Bald Eagle due to distance from the project area (-1,950 ft./0.33 mile) and the existing proximity of the nests to adjacent urban and commercial areas; therefore a "No Effects (NE)" determination is recommended. Impact Assessment & Recommendation for Surf Smelt & Puget Sound Salmonid Species Our best professional judgment is that this project cannot be determined as a "No Effects (NE)" because, although no construction will occur within marine waters or the immediate shoreline, 433 square feet of new impervious surface and work will occur within the 100foot shoreline conservancy. However, because mitigation will occur in the form of 749 square feet of impervious surface removed, and a total of 1,195 square feet of habitat will be restored (approximately half of which will be native species closer to the shoreline), and BMP's implemented; ATSI recommends a "Not likely to Adversely Affect (NLAA)" FEMA determination for this project because potential impacts are anticipated to be insignificant and fully mitigated for. Due to the proposed mitigation, the project will have a no net loss of shoreline functions per the City of Anacortes Shoreline Master Plan. VII. LIMITATIONS We have used the most current, established methods to make determinations as to the location, size, and types of critical areas within the project areas. All of the above statements are based on our best professional judgment. Although we follow the federal, state, and local criteria, we cannot guarantee that the state, federal, or the local jurisdiction determination will correspond to ours. VIII. WORKS CONSULTED City of Anacortes. 15 December 2008. Title 17—Zoning, Chapter 17.70. Critical Area Regulations. [Accessed 18 September 2013] http://library.municode.com/index.aspx? clientld=16193 City of Anacortes. September 2010 Shoreline Master Program. http://www.cityofanacortes.org/Planning/Documents/ShorelineMasterPlan/SM P2010/SM P_Final.pdf Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, Miss. Klungland and McArthur. 1989. Soil Survey of Skagit City Area, Washington, U.S.D.A. Soil Conservation Service, Washington State Department of Natural Resources, and Washington State University, Agriculture Research Center. Google Earth+NWI Data. 2014. Ones/Spot Image. Data SIO, NOAA, U.S. Navy, NGA, GEBCO. Image USDA Farm Service Agency. [Accessed June 2014]. Pojar, Jim and MacKinnon, Andy. 1994. Plants of the Pacific Northwest Coast. B.C. Ministry of forests and Lone Pine Publishing. Edmonton, Alberta Canada. Reed, P.B., Jr. 1988. National List of Plant Species that Occur in Wetlands: 1988 Northwest. Biological Report 88 (26.9), U.S. Ash and Wildlife Service, St. Petersburg, Florida. Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture. Web Soil Survey. [Online WWW]Available URL: Iittp:llwcbsoilaurvey.iires.k.i*da.cloy][Accessed June 2014]. Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture. Soil Data Mart. [Online WWW]Available URL: tip;llsotldata mart.nres.u;.ada.govl [Accessed June 2014]. U.S. Army Corps of Engineers. 11 July 2013. North American Digital Flora: National Wetland Plant List. [Online WWW] [Accessed 16 September 2013]Available URL: http://rsgisias.crrel.usace.army.mil/NWPL/ U.S. Army Corps of Engineers. May 2010. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region, Version 2.0. ERDC/EL TR-10-03. Vicksburg, MS: U.S. Army Engineer Research and Development Center. U.S. Army Corps of Engineers & Cold Regions Research and Engineering Laboratory. 18 May 2012. Western Mountains, Valleys, and Coast Final Draft Ratings. Updated National Wetland Plant List. U.S. Army Corps of Engineers Regulatory Branch, Seattle, Washington. US Fish and Wildlife Service. Wetlands On-line Mapper[Online WWW]. Available URL: http://wdfw.wa.gov/mapping/phs/[Accessed June 2014]. U.S. Fish and Wildlife Service. 3 March 1997. National List of Vascular Plant Species that Occur in Wetlands: 1996 National Summary. OW.iiwww.iws_+Jo +inwilbhallist96 htrnl. U.S. Department of Homeland Security. FEMA, Region 10, Regional Guidance for the Puget Sound Basin. August 2013. Regional Guidance for Floodplain Habitat Assessment and Mitigation in the Puget Sound. Washington National Heritage Program. [Online VWWV] [Accessed June 2014] W M-d r.va.g_ CridiResarchSciencellbpicslNat31!alIIeritagelPaUes?aGr)p nh.asp 19 Zeifman-Critical Areas&Mitigation Report,City of Anacortes ATSI—18 March 2015 f:,r g5Tiiii-ST- • ,%.I.-.,:i•:::.=•• IZ:5 '1_, • .T...:?':' ' ' Crandall �;' a . DR. I , 1 ,.' ' ''b Approximate h r �,.I. I . . ,} +T' '' • t` Site Location ;, 2 . • _ ,l F_ y *• ice ' s.�. � • � i rrx� i �pL'' F, + • . tik V -F • Jf �ttix0. ` I. i r i I \it--:;.': . I\ . ::: h .1 —76,A51-..--:,.:__)L, 1 ars rf r • rlr ,yi lk y lir,"). , 3' jL *ti I _ _ . ....r--)\ i:.. toi, 1.., ,.........., ..,,,,, , , . .„:,. ii ,qi tliii , s _.T.,'' i, - \-6\ iv ..‘• . . ,.• ( -,... `j.:777,;h.- - y * 1 4::ie; 1,11 t- � , 3• ..-y ,4) i 4y _ S 1'' �•, i5 tly ` S LI ki l� -.' . Y+ r t 1 1'•_ ___"T1 \i4\ • - * 9I M ] I " fit- Il.i!'•• \•1'.. '..,. ... . . •••:.• '1 " 1 ' 1i‘ 1J i41 �•iiS I L., ,. '. ••II 51I\� a '' ' ' � ' I - Ft `. :- 1 4 I f .I - ' N'ti F\ I lx1 KV,, Pc/ I L 1.ti`l • - '`'ei', '! I , It! I,,ilyT �{i�, ' { r I ` ` .� ! . !i _ ..) Sewa -k ! 4I • • I� � ) i � ' F;aTs ,e A I1 `- , I r\L ... . s 01 • r ; r ,! f r i 0• . ,'',1`•' 7 - f f/ 1"f;{,rif', . ; 1. --- ` —'- Vicinity Map - Zeifman Property P Approximate 4205 Fidalgo Bay Rd. - City of Anacortes VP 0 Site Location S30 T35N R2E - P33200 & P33202 Latitude: 48°29'12" N Longitude: 122°35'49" W 1'6004 , :i.„414 i. ATSI ALSu,L-'Pert Syatems,Inc. NOTE: 6asemap provided by National 18 March 2015 $ . Geographic TOPOt ce The property boundaries and locations shown on this Figure 1 of 7 drawing are approximate only and are not , intended to constitute a legal land survey. 1 1 N, • AIt ,w Approximate - . '_•, Site Location 1 ir\ . iiki _ , • \ \ / . r 4 r.°1V' '31 tItIA:?4;:*i. \ II, 4-ii . .. irei .„7,...i... tb, \ ' ‘ik-- liele. lit;,.?.s. .,4+.4 ift —, - I. PI!"'Pi :1/04 d' ti a r VellteF` NJ'41,.. , . - . r t �.. e.. ,,,. . - *1/4. I?, ist,,,_ , .. ,. ., iftfr. ..4. ,..... ,......., it ... . . - ' fes . ....., . , . .. .8 •,:4, h4/ , . %,. ev . . :.,.' .. . . - 44 1 le°4°.111:7 ' 444°' . . . C Approximate Project Aerial Photograph - Zelfman Property f-N Area (-5 ac.) 4205 Fldalgo Bay Rd. - City of Anacortes Q S30 T35N R2E - P33200 & P33202 Latitude: 48°29'12" N o. 150' Longitude: 122°35'49" W ` ATSI Aqun err Systems,Inc. NOTE: This figure contains information 18 March 2015 f" obtained from Skagit I-Map.Imagery Date: ' 2013.It is not intended to constitute alegal Figure 2 of 7 survey. 7r' . -,,.Y `� Proposed © j Mitigation Areas 0 as 0' N ‘ "PS A c, ' r • Vr9 1/47‘OsJ\ pf J 1s ���1FEMA ZONE AE \\ 0,� (EL7) ivt.,_ A \ \y .11 .9\-P 8J -, r \„.8k:el oa ifProposed 0, .} s Adddition Area �r\` 1. -,.,,,,';$1 'f- -1.'-:i IP /3 N-:ti*- 1( *43 � rid Q S, `fir, %. / ' �` e• S Existing Conditions - Zeifman Property 4205 Fidalgo Bay Rd. - City of Anacortes S30 T35N R2E - P33200 & P33202 Latitude: 48°29'12" N Longitude: 122°35'49" W •. ATSI Mint-Tact Svstrcnr,,Inc, 18 March 2015 NOTE: BASEMAP PROVIDED BY Figure 3 of 7 TAYLOR DESIGN ARCHITECTS, . SEDRO-WOOLLEY,WA ' `1)yO �o .o -Pe. \\ * � s 704 n ����J yy 0� 0 ZO' 40' \ Q--"I` \fp \I \ -51- °i34 z ��O e L r r � 1 o °_gyp 2 LEGE \ D S‘L-°P 'va 2).,s FENCE X X `So_ 4 E�Bpcs- ‹LO?p ~ 1/42 V\tiQa S °�l o �� COOCRCS F 1) l / \ \10.'' / � �<\/ 10 \ I � ce7t11:INNN, Existing Conditions (Enlarged View) -Zeifman Property 4205 Fidalgo Bay Rd. - City of Anacortes S30 T35N R2E - P33200 & P33202 Latitude: 48°29'12" N Longitude: 122°35'49" W ATSI Avv-Tarr Systems,{uu. 18 March 2015 w' NOTE: BASEMAP PROVIDED BY Figure 3a of 7 TAYLOR DESIGN ARCHITECTS, SEDRO-WOOLLEY, WA ,:i.=414241.. -. i+ ,' .i kM1 -.f, _ -..-- - .. Approximate ee \ ---) I ;1�, • I .. it. .. I 1 'i, \ (...,,,...c..:... I•Ord ; I .k ,. „ s , 0`ad1nir N. k - -1:1 it . -- t'r `' Y '-am + r -- - - ? _ ..'3i ,', . .. r ► ;if.b• r • p c ' •y^# _r t _R • r i + .' f .-rf�. Vh I • s ¢ a •s v 0.. 41 Oy • + n —_ , - ; � i. f, -; ' ¢,6 y — • x _Wedand Types ' ' r , I. Estuarine and Marine Deepwrstor r,': y'' 'X'' MI Estuarine and Marine Wetland ;x , , 1 . x, ' -'' Freshwater EmergentWetIond �•' .x-R k• MI f roshti�azer Fnreat tl/6nrlauWVet9al�d '' '{f �Os'Y, w ,f' •.. a rreshwater Pond r - ' _ - ' , '' �. I 111 OM Lake 'l•. 2'i[rOo.oalr Other ''Zi rC i - r ' It�IIII d ,......• . i _ _., . • A99B• r • - - - hnnr..-......el -7J16 PM 1-A-:I -_..2.1 i-J:. : 1 .., — r... e ` NWI Map - Zeifman Property Approximate 4205 Fidalgo Bay Rd. - City of Anacortes ifir 0 Site Location S30 T35N R2E - P33200 & P33202 MY Latitude: 48°29'12" N Scale as Shown Longitude: 122°35'49"W t 41t • ATSI Aqua-Tcrr Systems, Inc. NOTE: Information obtained from NWI Wetlands Data with Google Earth. Google Earth aerial photograph: 13 February 2015 0 July 2014. The wetlands and property .1 - boundaries shown on this drawing are Figure 4 of 7 approximate only and are not Intended to constitute a legal land survey. ik , •; - r am" ;ilil ... " • yt -s.. i r l 1 -• xM1 J..-' ' i y4 N4 x • Y 'r.ft ` + + 1. 1•5 yY • ..y ' ,-.5'1'01 , ' k\ .,s, ,r,siiiiik.4.; \9i if' '', \\ is µ -t , Nit ....-. \it, ''1.41:'4% \' \ /./ i !..• .r- .'a: - ..'ll'.1I 0.' ' Iit' It:" ' .:.4 '. 'L'i:w l'A. \ I '',.. \ \ elit,� y•, w .I7 i... 45 .� ', F , _rT •i y � '-''NI —}S.J • • 4.6.i.ac.01•Loi,,.. • • 1 'S ' . , \,l'',011k, 4\ ! • ti[.1- � j y- 4, r �. J`, 1. - , ram . -'� 4 NRCS Map - Zeifman Property PN 4205 Fidalgo Bay Rd. - City of Anacortes Q , S30 T35N R2E - P33200 & P33202 Imml Latitude: 48°29'12" N 0 250' Longitude: 122°35'49" W NRCS Mapped Soil Units, Soils Key: 79-Keystone loamy sand, 8-39%slopes (listed non-hydric) 165-Xerorthents, 0-5%slopes (listed non-hydric) : • 4— ATSI Aqua-Ten'Systems,Inc. NOTE: Soil Locations and descriptions are from NRCS 13 February 2015 '• soils maps and are approximate only- NRCS Aerial 1 photograph dale: 21 July 2006. The property boundaries Figure 5 of 7 - shown on this drawing are approximate only and are not . Intended la constitute a regal land survey. tip \oVj V�� ° Quo \ - '0'-'\,.."' t•-'".5 0 Ak -5 14 /:- ' ' : R. QC\ ley a', A �N� ��� �9� —\ �— G !o a - 7O %.,„.6)=-) 020' 4a � oclU � �O� 'r` y f,9\i 'L c\,. - r . `SO 1111$ Cc) p\ ‹< �� J p< p �`1 LEGEI\IJ 11 ‘_. vo_ is FENCE X X -__, PR❑P❑SED NEW IMPERVI❑US & SD_ E VEGETATIVE HABITAT LOSS WITHIN 100' SETBACK) 433 SF ." PPR❑P❑SED NEW IMPERVIOUS S • ,a �/ ❑UTSIDE 100' SETBACK! 1,291 SF 10 ,c, '''-- (GARAGE & ADDITIONAL INFILL) / X- .< / ‘d1.0<<\/ / , / \\ 1 � I Wetland Proposed Conditions - Zeifman Property 4205 Fidalgo Bay Rd. - City of Anacortes S30 T35N R2E - P33200 & P33202 Latitude: 48°29'12" N Longitude: 122°35'49" W ATSI 9quit-Tcir Syatnms,Inc. 18 March 2015 NOTE: BASEMAP PROVIDED BY Figure 6 of 7 TAYLOR DESIGN ARCHITECTS, SEDRO-WOOLLEY, WA \.� RIPARIAN HABITAT REST❑RATI❑N AREA 22 r ., PLANTED WITH NATIVE VEGETATION 446 SF, \\\ 1°.yeti Proposed �Ni .o irsrA � � Mitigation \ \ Areas 0 40' 80' \ IMPERVI❑US SURFACE REMOVAL Total' 749 SF lk\ U* * +3.P.4 ���SpEs5 �S`p`��` 9°f J y,a� g 0.01€ 9 0.54 re a��5' fle? \�J FEMA ZONE AE 111 °f3. (EL7) p A It LEGEND \ . : 35 TA FENCE — X PROPOSED NEW IMPERVI❑US & f 9 VEGETATIVE HABITAT LOSS (S ,�� WITHIN 100' SETBACK' 433 SF 4P- PPROPOSED NEW IMPERVI❑US <'\ (IF j� OUTSIDE 100' SETBACK' 1,291 SF 6,T uJ (GARAGE & ADDITI❑NAL INFILL) PPR❑P❑SED IMPERVIOUS REMOVAL (& LAWN REPLANTING) WITHIN 100' SETBACK" 749 SF .. .. PPROP❑SEA RIPARIAN HABITAT REST❑RATI❑N WITHIN 100' SETBACK' 446 SF 1 y ra ��'- � �� a. .6n 7 9C2ydr Proposed . �' ' o� ��. rs Adddition Area �f `Yv f* °�2 , 4#4?"- — # -6,>_)-q4-::\cito Proposed Mitigation - Zeifman Property 4205 Fidalgo Bay Rd. - City of Anacortes S30 T35N R2E - P33200 & P33202 Latitude: 48°29'12" N Longitude: 122°35'49" W ATSI Aqun Terr Systems,Inc. 18 March 2015 NOFE: BASEMAP PROVIDED BY Figure 7 of 7 TAYLOR DESIGN ARCHITECTS, SEDRO-WOOLLEY WA Prescriptive Energy Code Compliance for Single Family and Duplex Housing: Zone 1 Project Information Contact Information Clifford Zeifman Al Taylor 4205 FideIgo Bay Rd _po box 312 Anacortes, WA Clearlake, WA 98235 • This set of forms has been developed to assist permit applicants documenting compliance with the Washington State Energy Code, (2009 edition). This set is for structures built under the IRC and located in Climate Zone 1. The following forms provide much of the required documentation for plan review. The details noted here must also be shown on the drawings (WSEC 104.2). This form is not a substitute for the energy code itself. To obtain a copy of the energy code, go to the following web address. http://www.energy.wsu.edu/code Glazing 12 4 46 1() Glazing U-Factor Door 9 2 3 Vaulted Wall Wall int Wall ext4 Option Area ; Ceiling Above Below Below Floors on • %of Floor Vertical Overhead" U-Factor Ceiling' • Grade Grade Grade Grade R-49 or R-21 R-21 R-10 0 I 13% 0.34 0.50 0.20 R-38 R-38 Int. TB R-10 R-30 2 Adv. R 49 or R-21 R-21 R-10 0II 25% 0,32 0.50 0.20 . R-38 R-38 t • R-10 R-30• 2' Adv. R-49 or R-21 • R-21 R-10 OO III Unlimited 0.30 0.50 0.20 R-38 R-38 Int' TB R-10 R-30 2 • Adv. See WSEC table 6-9 for footnotes — Glazing Schedule Attached to Document Does not apply. (SEE INSTRUCTIONS) Using Prescriptive Option Ill. All glazing and doors 0 meet maximum U4actor.Alternate heating size method submitted. • ❑ Option I or II,Glazing to floor area limit(WSEC 602.7.2) • ❑ Area weighted window, skylight or door U-factor (WSEC 602.7.2) ❑ As part of the heating system sizing calculation (IRC M1401.3 &WSEC 503.2.2) Radiant slab: . IF2.0211?"-N 0 R-10 foam insulation, continuous with thermal break (WSEC 502.1.4.9) Chapter 9 Options Total of 1 Credit Required MAR 1 9 2015 Opt. Opt. Descrption la High Efficiency HVAC Equipment I 1 b High Efficiency HVAC Equipment 2 El 1 c High Efficiency HVAC Equipment 3 • ❑ • 2 High Efficiency HVAC Distribution System 1.0 0 3a Efficient Building Envelope 1 0.5 0 3b Efficient Building Envelope 2 El 3c Super-Efficient Building Envelope 3 ❑ • 4a Air Leakage Control and Efficient Ventilation • ❑ 4b Additional Air Leakage Control and Efficient Ventilation El 5a Efficient Water Heating El 5b High Effieciency Water Heating ❑ 6 Small Dwelling Unit ❑ 7 Large Dwelling Unit El 8 Renewable Electric Energy *1200 kwh El Total Credits 1.50 INSFC Presrrintive Worksheet(2010 edition)Zone 1 WSUEEP10-010 Coovriaht 2010 • Anacortes Planning, Corntrninity& Economic Development Dept, — _ Permit Center - _ P.O.Box 547,Anacortes,WA 98221-0547 1n1-1-{360)293-1901 +5� Don Measamet,Director of Planning,Cor'rnn nitj d ErnnamirDem/opn¢Jtte FAX(360)293-1938 • June 25,2015 • Clifford Zeifman 4205 Fidalgo Bay Road Anacortes,W.A98221 • RE: Shoreline Conditional Use Permit (SCUP) fot detached garage Dear_Mr. Zeifman; - • Attached hereto is a copy of the Planning Co,lnrnission's Findings of Fact, Conclusions of Law, and • Decision for the subject shoreline permit. Please note however that pursuant to Anacortes Municipal Code §.17.62.010(A)(2) and condition of approval#4 of SDP-2015-0002,the expense for posting, mailing and publication of notice of public hearings shall be borne by the applicant. Below is a summary of posting, mailing and publication costs for the above-referenced project: • - - FOR: YPEs COST • Notice of Hearing—PC Mall to 300' propertyowners (23 x$0.48) $11.04 Notice of Hearing -.PC Anacortes American publication $14328 • T TAI 154.3,2 Prior to building permit issuance, please remit payment in the amount of$154.32 to the City of Anacortes for reimbursement of the costs associated with providing notice for the above-referenced • project If you have any questions please feel free to call me at (360) 299-1969 or by email at kevinc@cityofanacortes.org.Thank you. • Sincerely, {W?1 (L4;) • Kevin Cricchio,AICP Associate Planner Enclosures: Planning Commission's Findings of Fact, Decision, Conclusions of Law, &Decision AnaeortesAmeriican Newspaper,Affidavit of Publication CC: Marcia Htrrt, Finance.Department Clifford Zeifman, 5120 State Highway 6,-Riesel,Texas 76682 ANACORTES PUBLIC WORKS DEPARTMENT IrrT Steven Lange, Project Manager P.O.BOX 547,ANACORTES,WA 98221 PH(360)293-1920 $ E-MAIL:stevel@cityofanacortes.org FAX(360)293-1938 4e,y..y{S- Memo . Z2-- Date:April 23, 2015 ti� t � To: Paul Ingalls, Plans Examiner 4p._ • From: Steven Lange • Subject: Site Plan review-4205 Fidalgo Bay Road—Building Permit Application for new garage cc: Jim Baldwin, Eric Shjarback • The submitted site plan, dated March 19, 2015, for the building permit application for a new garage at 4205 Fidalgo Bay Road was completed by the Public Works Engineering Department on April 23, 2015. Below are the comments and recommendations for this application. • DrainagelErosion: • ■ There is more than 1,000 SF of new impervious area being generated. This triggers the need for the Small Parcel Storm Water Plan. See attached. • � u t143 ar.alk_041---Ou F r • Water • Wastewater • Streets • Storm Drainage • Engineering • Solid Waste • Transportation •Equipment • Capital Projects • Development Services a.Awa . -1 Y 0 4 Cityof Anacortes Invoice/Permit#: CUP-2015-0001 904 6th Street Applied date: 04/03/2015 P.O.Box 547 Anacortes, WA 98221-0547 Issue date: Expire date: 04/02/2016 Job Address: 4205 FIDALGO BAY RD Permit Type: Conditional Use Permit ANACORTES WA 98221-8355 Project: APN: P33202 P33042 Remarks: Owner: CLIFFORD ZIEFMAN Contractor: Address: 5120 STATE HIGHWAY 6 Address: RIESEL TX 76682-3792 Phone: (254) 896-1240 Phone: License#: General Information: Fees: Conditional Use Application 1,000.00 Total Calculated: 1,000.00 Deposits/Receipts: 1,000.00 Total Due: 0.00 THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 180 DAYS AT ANY TIME AFTER WORK IS COMMENCED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT.ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT, THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. SIGNATURE OF OWNER OR AUTHORIZED AGENT ISSUED BY y:= Anacortes Planning, Community &Economic Development Dept. Permit Center • ? P.O.Box547,.Anacortes,WA 98221-0547 PH(366)293-1901 L ? Don Measamer,Director of Planning, Community and Economic Development FAX(360)293-1938 - k MEMORANDUM: TO: Don M_easamer, Planning Director FROM: Kevin Cricchio,AICP, Associate Planner RE: 4205 Fidalgo Bay Road, Conditional Use Permit (CUP-2015-0001) Refund DATE: April 29, 2015 i I The landowner's agent, Al Taylor, recently submitted for a land use type of Conditional Use Permit .(CUP-2015-0001) to construct a 24 foot long by 48 foot wide detached garage that is accessory to an existing single-family residence located at 4205 Fidalgo Bay Road,Anacortes,WA. Both the proposed garage and existing residence are located in the Conservancy Shoreline Environment/Designation and CM Zoning District: Previously, the landowner obtained a both a land use Conditional Use Permit and shoreline permits)to permit the construction of a residence within the Conservancy Environment. The existing residence and attached garage appear to be within the one hundred (100) foot setback as measured from the ordinary high water mark. After discussing the subject proposal with Al Taylor, it has been determined that the existing residence's footprint including the attached garage and covered porches is 6,773 square feet in area. The proposed detached garage (1,152 square feet) is less than 10% of the existing • residence's lot coverage since the applicant is going to be removing the existing RV cover and deck that is 749 square feet (6,773 + 749 =7,522 square feet). The new total building area upon construction completion Will be 7,925 square feet (5,773+.1,152)which is total building increase of 403 square feet or five: (5) percent. Therefore, the applicant is not required to obtain a.new land use type of Conditional Use Permit as-they are under the ten (10)percentthr.eshold per AMC 17.10.100(F'). Al Taylor paid $1,000 on behalf of the applicant When submitting their Conditional Use Permit application., This payment needs to be applied to the required Shoreline Conditional Use Permit (SOP-2015-p002) which costs .$750.00 (cost is based on the projected cost of the detached garage). The remaining two hundred and fifty (250) dollars also needs to be refunded to the agent/applicant, Thanks. Page 1 of 1 u) I— 3 ZEIFMAN GARAGE ADDITION U E wf U AACORTES a WASH] IGON z6.1 \ W ❑ gm s<E ATS MITGATI O N TEP T T This AREA N J`/ ao x M Q g 0= ,�EXISifHG LAWN--....„, --� as ~ - ORDINARY or.p ENISTING FFNICE (E)COTRED DECK&TRAIIER TO DE °CF RC,r' ATER}dAR REMGyED.ozcaNNECT ALL 011UliES AND K ARy• c ir .. ••MINATE As REGGIRED.REMOVE Au OEBWs,is I,4 _ IAF .„ :•EA 1�/NAnyE'EcATAnCN an -•TnsAno' •z•A•T 1 PARKING AREA GING T ` Z E = W RA 03 -� \ ORDINARY RICH t ER HARK ❑ H (0 0,'--..... ' -EASTNG LA}�FI TOP 0•i• •i HIT.,` _ �� �Nc _ _ _ _ Co < o �_ OflONARY H1CH WATFA MAR cV r E H ORVNG W 6 (L�N=VHi,�T-' - '� CIC 05 Q li o J a ' _ 1�ENksTING LA IJ� Q W \ nMc4`"Ncr \\\ ° k 41 .,::: ey �' LL O o SE \ 4•Mc SLAB - .r7'd,=1 )YkYe e0x ri:- Fr•Pe.0"..1.10i i:.:•'...treA.;1i;SA:.:0.. irl X,7, } W W 8 nn7 JIiIii o f O' • (EI 3 } .1 PRpp,7Y _ 7' -U�'-- 5 FUVIP YNAs ��. 7. 7 ; ._ ' f�1 ♦ " gnk0 r ROS A£ �LN4L7 DRT lJ _ ENISTNG SUB--, / - FENCE II `c�RAIER Y HIGH f~ '--- --- ra. WATER MARK SITE PLAN �e �cANT1� C �Cy s„ �; — 1NoTE; L� 0 19' 30' be 7d UTILITIES PRIM COIISSDRUCISO 11 a RE-ROOTE As REQUIRED l i' ,.... inon ..., ,,D_ II I I+ cn PARCEL fNFORiAT10N PROJECT DESCRIPTION: DRAINAGE: DRAWING INDEX JOB: 1504 au ADDRESS 4205 FIDALGO BAY RO,ANACORTES ossiNG RESIDENCE TO WWI=R77773�G.F. ROY FOE ORAINs 11 4 PVC TIGITIINE&TIE To D(N ALT (}AsKINGTON 95221 055TIN0 RY&DECI(COVER TO BE ROAMED a 749 S.F. STOAT ORAiN,TIE FOOTING OMITS TO TIGHRINE DATE; 3/18/2015 (�P�A1S���p � Doti GRADE&5-0'VIN PROD BULSINO, ARCHITECTURAL PARCEL lo/P33202 tOTAL RE OREPNE =749 SF, EROSION CONTROL: REy, .Y in Na YA 350230-o-219-000B CONSTRUCT NA DETACHED GARAGE CONTRACTOR To INS tl.SILT rtieNO ON 0001 Al 51TE PLAN 91 SHEET NO, GARAGE AREA=1,162 SF. SLOPE SIDE OF TIRE ESTT?f1S OF 9 A2 FOUNDATION PLAN,DETAILS & SHEAR�'ALL PLAN Ta);P4c-R3 UC11014,SILT ApLEl G TO REGAIN ONTL s I A3 FLOOR PLAN•ROOF FRAMING PLAN AlAI I cECDONS 1-2 PCOMRDOROD LACE I DMELVAMAuN Ls IN PAlO SOIL Am STRAP STaE Cc/l+NCI A 1 gG,sn-le.so-RNG O2 A4 suRoING SECTIONS A-A,B-B&WERIOR ELEy'ATIORS '`LOR LOT EVE-1as ACRES A5 GENERAL SPECIFICATION ��`l H ZEIFMAN GARAGE ADDITION ...) E H I C 2 b U AflACORTES o WASHOftBGTON Q .1 ZW D r, � m k � d //�\ w PROPOSED MITIGATION AREA ` �� r 0 m RIPARIAN HABITAT RESTORATION - �, .f (SEE�AREA PLANTED W17H NATIVE /.N /_ /. a VEGETATION 4-46 SF. ATSI MITGpRCN REPORT) }, P1017: ,� Y: ., O H1MPERWauS N GARAGE ,1:4 - SURFACE REMOVAL yam"' - -.,.Total:7d9 SF \- J \ j `�- - r '� 0 / ,;.. ! • * m W LAWN 7 - i�I� -E ,. � � _ : _ v H d aPROPOSED MITIO1111CN Nis ''�'— - - '.. ] t.- °'4/////////////////// /////////000'''"---B9s1mC REEMOVED.DSE)COVERED o.GK Ac ECT ALLInUTIESTO E •AND TOP rk -_NrG`T H'A MAIN LEVEL FLOOR P EAST ELEVATIONSOUTH ELEVATION S EXISTING FENCE OF R TE"R �N TETMINAIE AS REQUIRED,REMOVE ALL DEBRIS. ARMp NG RE-PLANT AREA W/NATIVE VEGATATION. - Z (J, PERS(US SURFACE REMOVAL=749 SF - p %D CLI ., (SE ATST14111G:.ON REPORT) \ 4,4'AC \ Z 44°H'N<T E%1511NG ASPHALT \ `/ U7 �aq� PARKING AREA \\ < 3 -- - ,- a o ORDINARY HIG#f WATER IAARK ` p TOP OF SHORE ROCK ARMCRE 1 � ` __-/ p `G44' c ,`EXISTING LAMP-......„ r ORDINARY RICH WATER MMK ` Ay,S'� — — OILING Q MEM ��pRLVE - ,fg Z Q Q' .II„ I�EXISTING� i Q O LEGAL DESCRIPRON; f TRACT 13,PLATE 11,LESS TRACT TO BU UNGTON NORTHERN RAILWAY,LESS PORTIONILL C7 LYING SOUTH Of AN EAST-WEST UNE Y NCII{5 62D FEET NORTH OF SOUTH BOUNDARY C - •\\ B6 L7£ �} Q UNE OF SECTION 30.EXCEPT ALL ORIGINAL BURLINGTON NORTHERN RAILWAY RIGHT OF A°TIIC Rat AI --- / a T \_ 4'GONG S-A8 M WAY SHOWN ON RAILROAD RIGHT OF WAY PLAN"ANACORIES NO.1"DATED DECEMBER 1B, -'U1 - ~EXIST —� 1g33 S•,) ,,.., ;,,.�,,. �pTI 1952 IN OR ADJACENT TO TIDE AND SHORAN-ANDS OF SECTION 30,TOWNSHIP T 36 NORTH, CITY OF ANACORTES '4 .'� =,„E;s..;>, EJ�IS I IN,G;RESIDENCE'-. ; RANGE 2 EAST,W.M„DATED MAY I,1893,PLATE 11,TRACTS 11,12,AND THAT PORTION ""' ; O OF TRACT 13 LUNG NORTH OF AN EAST-WEST WHICH IS 520 FEET NORTHERLY AND �}]p,Dnh '1. • vuvE BOX /,, CA PARALLEL TO THE SOUTH BOUNDARY OF SAID SECTION 30.ALSO TOGETHER WITH THAT pqopx, - q;5�I F2�USii. ,'N - PORTION ADJACENT TO SAD PROPERTY OF FOLLOWING DESCRIBED PROPERTY A STRIP OF G 7y >•i# /�r LAND LYING SOUTHEASTERLY OF THE NORTHEASTERLY RIGHT OF WAY UNE OF THE �9',F ■ qp >b7 OpU'I`f,T.7' _1- ,,, I ��?G 0. (E)GAS AITR /� /-- f �_ OrGINAL DURUNGTON WAY PLAN DATED DEOCEMBER 18,952THERN 2,,'RIGHT OF WAY AS SHOWN ON ANACORTES NO.I'DESCRIBED AS RAILROAD OLLOWS:RIGHT � 5 N 5;1 � z097 8Ch"pE?1 S _- _ �,^O" PtirP ivafs L�I ..- �� COMMENCING AT THEOR SOUTHEAST CORNER OF SECTION 30,TOWNSHIP 35 NORTH,RANGE 2 ••■••41C• 1 [ r ` ,. EAST,NA;THENCE NORTH 89 DEGREES 50'i4"WEST A DISTANCE OF 308,05 FEET `�-••E•••• ri �' _ ALONE THE SOUTH UNE Of SAID SECTION TO THE NORTHEASTERLY UNE OF SAD RIGHT OF li:���i:iR (E H' T&R - fNfSnNG / 9 WAY; THENCE ALONG SAD RIGHT OF WAY UNE NORTH 48 DEGREES 48'02"WEST A �•NI•••••••ISIM ` • �COY 61E ASPftA - DISTANCE OF 530.06 FEET;THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A d•=:IMf•4Iltin.aii.F:FNL'11 OURB -- _ LT p�41 ----- _ RADIUS OF 1859,38 FEET AND AN ARC LENGTH OF 548.95 FEET TO THE TRUE POINT OF Il!U' EMIENIrlrrrAl2 11 - y ((E)CONCRETE _ -- BEGINNING;THENCE ALONG SAID RIGHT OF WAY UNE ON A CURVE TO THE RIGHT HAVING I! .�.."' r� --- EIOSTING / SLAB-1, r A RADIUS OF 1859.38 FEET AND AN ARC LE+IGTH OF 134.75 FEET;THENCE ALONG SAID NM MN - FENCE RIGHT OF WAY ON A CURVE TO THE RIGHT HAVING A RADIUS OF 5608.87 FEET AND AN �A•••� '^ --- - __ ,A•••R6 ARC LENGTH OF 254,35 FEET;THENCE ALONG SAID RIGHT OF WAY UNE ON A CURVE TO I •••111A . _ /� THE RIGHT HAVING A RADIUS OF 1859.35 FEET AND AN ARC LENGTH OF 232.41 FEET TO p Mr ILEA` ‘•-....._____ f10SpNG `ORDINARY RICH THE SOUTH UNE OF GOVERNMENT LOT 7:THENCE SOUTH 69 DEGREES 33'59'WEST A O...gig!, $ SITE PLAN 1IS'IIACT>R�L� I I-•.,__,....... WATER MARK DISTANCE OF 22.32 FEET ALONG THE SOUTH UNE OF SAID LOT 7 TO A POINT WHICH VS �r 33.00 FEET NORTHEASTERLY OF AND MEASURED PERPENDICULAR TO THE CENTEERUNE OF ■ui®i 1,i•. 'c THE FASTING RAILS THENCE SOUTHEASTERLY ALONG A LINE THAT IS 33.00 FEET ■I•�1l iJ}' Rp1E: NORTHEASTERLY OF THE CENTERUNE OF THE EXISTING RAILS TO A POINT WIUICH BEARS =rsr N i�i,F ll•;lh Ili CONITRACTOR lb FlEHD VERIFY ALL SOUTH 57 DEGREES 12'35'WEST FROM THE TRUE POINT OF BECHHNING THENCE NORTH rci1�� 0 10 50 6U o7 UTILITIES PRIOR TO CONSTRUCTION 57 DEGREES IC 35'EAST A DISTANCE OF 28.46 FEET To THE TRUE POINT OF REGINNNG, lao•I• &RE-ROUTE AS REQUIRED 1 TRACT 13,PLATE 11,LESS TRACT TO BURLNGTON NORTHERN RAILWAY,LESS PORTION !•11 LOT COVERAGE CALCULATION: 1 LYING SOUTH OF AN EAST-WEST UNE W,iION k5 520 FEET NORTH OF SOUTH BOUNDARY r UNE OF SECTION 30.EXCEPT ALL ORIGINAL BURLINGTON NORTHERN RAILWAY RIGHT OF 0.1 PM ac �� 6,773 SF (E)RESNOENCE WAY 6E ■� Lu11 SHOWN ON RAILROAD RIGHT OF WAY PLAN"ANACORIES NO.1"DATED DECENBER IA 1952 ■• +749 SF.(E)RE ODVER IN OR ADJACENT TO TIDE AND SHORITANDS OF SECTION 30,TOWNSHIP 35 NORTH,RANGE r ..mwmcri =7,522 SF.TOTAL(E)PRE-COHST 2 EAST,W.M.,DATED MAY 1,1893,PLATE 11,TRACTS 11,12.AND THAT PORTION Of TRACT 13 LYING NORTH Of AN EAST-WESTNLIICH IS 520 FEET NORTHERLY ANO PARALLEL MO -- . Q TO THE SOUTH BOUNDARY OF SAID SECTION 3D.ALSO TOGETHER WIN THAT PORTION PROJECT - 749 S.F. (E)RV COVER TO BE REMOVED ADJACENT TO SAID PROPERTY OF FOLLOWING DESCRIBED PROPERTY:A STRIP OF LAND NI S I TE =403 S.F. TOTAL POST COAST INCREASE \ J LUNG SOUTHEASTERLY OF THE NORTHEASTERLY RIGHT OF WAY UNE OF THE ORIGINAL Ii " •!„ 7522 s.O53 OR \\ d BURUNGTON NORTHERN RAILROAD RIGHT OF WAY AS SHOWN ON RAILROAD RIGHT OF WAY 957 PLAN BATED OECQIBER 1B,1952,'ANACORTES N0.1'DESCIABED AS FOLLOWS —O 5%BLDG FOQTPRINT INCREASE COMMENCING AT THE SOUTHEAST CORNER OF SECTION 30,TOWNSHIP 35 NORTH,RANGE 2 gait \ � EAST,W,M,;THRICE NORTH 89 DEGREES SM le WEST A DISTANCE OF 30u5.05 FEET 7926 S.F.TOTAL POST COST BLDG FOOTPRINT -- — ALONG THE SOUTH UNE OF SAID SECTION TO THE NORTHEASTERLY UNE OF 5A10 RIGHT OF (n WAY;THENCE ALONG SAID RIGHT OF WAY UNE NORTH 48 DEGREES 48'02'WEST A DISTANCE OF 530.08 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A VICINITY MAP 1 DRAINAGE RADIUS OF 1859.38 FEET AND AN ARO LENGTH OF 546.95 FEET TO THE TRUE POINT OF PARCEL INFORMATION PROJECT DESCRIPTION: DRAWING INDEX JOB: 1504 BEGINNINQ THENCE ALONG SAID RIGHT OF WAY LINE ON A CURVE 10 THE RIGHT HATING OWN: ACT A RADIUS OF 1859.38 FEET AND AN ARC LENGTH OF 134.75 FEET;THENCE ALONG SAID SE ADORES;4205 FIDALGO DAY RD,ANACORTES EXSTNG RESIDENCE TO REMAIN=6,773 5.F. RUN ROOF DRAINS IN 4'PVC TCHTUNE&TE TO RIGHT OF WAY ON A CURVE TO THE RIGHT HAVING A RADIUS OF 5608.87 FEET AND AN WASHINGTON 99221 LASTING RV&DECK COVER TO BE P3000ED=749 SF. STORM DRAIN,TIE FOOTING DRAINS TO TIOHTLINE DATE: 3/18/2015 ARC LENGTH OF 254.35 FEET;THENCE ALONG SAID RIGHT OF WAY UNE ON A CURVE TO D01W'R GRADE&5'-0'MIN FROM BUILDING. ARCHITECTURAL THE RIGHT HAVING A RADIOS Of 1859.35 FEET AND AN ARC LENGTH OF 232.41 FEET TO {PER AM REPORT) PARCEL ICJ P33202 TOTAL REMHCVED=749 S.F, EROSION CONTROL: REV. THE 5gU1H UNE OF GOVERNMENT LOT 7; THENCE SOUTH 89 DEGREES 33'59'WEST AA7 511E PLAN 91 3 DISTANCE OF 2232 FEET ALONG THE SOUTH LINE OF SAD LOT 7 TO A POINT WHICH IS TAX ID Nv.350230-0-219-0008 CONS1RUCT NEW 1,152 S.F.DETACHED WOOD CONTRACTOR TO INSTALL TILT FENCING ON DOWN R " SHEET NO, 33.00 FEET NORTHEASTERLY OF AND MEASURED PERPENDICULAR TO THE CENTERLINE OF FRAMED GARAGE ON PILES SLOPE SIDE OF ENTIRE EXTENTS OF 511E A2 FOUNDATION PLAN,DETAILS & SHEARWAII PLAN THE CASTING RAILS;THENCE SOUTHEASTERLY ALONG A UNE THAT IS 33,00 FEET ZONING-CM CONSTRUCTION,SILT FENCING TO REMAIN UNTIL ALL A3 FLOOR PLAN,ROOF FRAMING PLAN k WALLSECTICNS 1-2 NORTHEASTERLY OF THE CENTERLINE OF THE EISTING RAILS TO A POINT WHICH BEARS CONSTRUCTION IS COMPLETED AN0 LANDSCAPE IS INA 1 SOUTH 57 DEGREES 12'35'WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH SEC.30-TAP.35-MG 02 PLACE COVER ALL EX B EXCAVATED AREAS AND STOCK A4 BUILDING SECTIONS A-A,B- do EXTERIOR ELEVARONS YLOR 57 DEGREES 12'35'EAST A DISTANCE CF 28.46 FEET TO THE TRUE POINT OF BEGINNING PILED SOIL WITH STRAW') A5 GENERAL SPECIFICATION STAIR OF MA$RICTTH LOT SIZE-48.9 ACRES(023,264 S.F,) CO• ENERGY CODE NOTES; Am 10005ES-2.1,/c H I. CONTRACTOR TO AOD AD0111CNAL FRAMING CR BLOCKING AS REWIRED 8. ALL WATER PIPES IN UNHEATED SPACES TO BE INSULATED TO A MIN OF R-3, tE TO MEET CURRENT ENERGY CODE REQUIREMENTS 1 1 1 LLI s. EXTERIORR KN0 70 ROPE ADJUSTED 50 WEATHER-STRIPPING,THRESHOLD,&DOOR I II I I I I I I I I I I I I 1 I II I ROOF FRAMING NOTES: 2 MR LEAKAGE SOU PLATE IS N BE CAULKED OR GLUED TO BOOR. RIM SWEEP ARE WORKING PROPERLY&SEAL Y1E11. 215 6 _JOIST BETWEEN STORIES TO BE CAULKED/SEALED. ALL HOLES IN BUILDING ENVE- 5I25Y11.625 VI:20 3100 DF 5. d1.B75.VE 20 TOG OF 5,05x1}E75 VL 0.0 3I00 DF - \ c LOPE ARE TO BE CADUCEI) /SEALED INCLUDING 607 NOT UNTIED TO ELECTRICAL, To. BLOWN-IN ATTIC INSULATION TO BE INSTALLED 1N STRICT CONFORMANCE NTH " 1 Ih T '""- I ROOF PITCH=B/t2 T rn ON EXTERIOR WALLS ORE CEILINGS ARE TO OE TRATIONS OUTLETS.SWITCH BOXES /5£AL.E0 WIT-1 APPROVED AS AS REQUIRED ATANDFACTURE&S RINSULAT:&WEATHER-STRIP ATTIC ECOMMENOAHONS FOR DENSITY&COVERAGE. p001, VENT BAFFLES I T II TRUSS SPACING=2'-C o/c + a SEALANT,OR HAVE FOAM FACE GASKETS INSTALLED. ALL RECESSED U1R75 ARE TO I `5 BE IC RATED,AIR nu'&SEALED TO SURROUNDING G118. ROUGH OPENING AROUND II, PROVIDE MAKEUP MR NTH FRESH AIR OUCIEO DIRECTLY INTO THE RETURN AIR \`�� I'-6'TTPICAL 04ERHANC 0 o ALL WINDOWS Ac DOORS TO HE SEALED/CAULKED. PLENUM OF THE FURNACE SMELT. INSULATE THE DUCT Willi R-4 IN UNHEATED /1/ •' SPACES, PROVIDE A DAMPER TO REGULATE INCOMING FRESH AIR ROOF SHEATHINTk �J� J. ALL CEILING EXHAUST FAN OUCn1G TO BE INSULATED AS PER CODE&TO HAVE 5/8'PLYWD SHEATHING NAILED MN ad'S AT 6"o%AT G AS FEW BENDS AS POSSIBLE&TO TERMINATE AT THE EXTERIOR OF THE BUILDING. 12. PROVIDE ow-DOOR INTAKE DUCT WITH DAMPER TO LIMIT NO FLOW 12 145 CFlA UNDER NORMAL OPERATING CONDITIONS. EDGES AND Bd'S AT 12-o/c AT INTERMEDIATE 4. INSULATION TO ALL AU.EXTERIOR WALL CANnES.DO NOT COMPRESS. IFi I I FRAMING MEMBERS(UNBLOCKED).FACE GRAIN CUT 10 FIT AROUND 1WHE5,PIPES,&OUHET BORES RECESSED 13. ALL GAS COMBUSTION APPLIANCES EXCEPT STOVES&CLOTHS DRYERS.TO HAVE 1 I� , I PFRPENOICULAR TO SUPPORTS. FIXTURES IN EXTERIOR WALLS TO HAVE MIN.R-5 INSULATION 00810D THEM, COMBUSTION AIR DUCTED DIRECTLY TO mEM. 11 PROVIDE DIAPHRAGM EDGE NAILING ABOVE ALL EXTERIOR t•A 2 5. ALL HVAC DUCTS INSTALLED WTSODE THE HEATED HABITABLE SPACE TO HAVE 14. ALL COMBUSTION EXHAUSTS TO BE SEPARATED BY A MIN.3'VERT,&10'HDR12. 1. a i/U_ WALLS HIP AND VALLEY LOCATIONS. y N SEALED A:ANTS,CORNERS,AND BOOTS,AND 1NSULATFD TO A MIN,R-5. TO 75, COMBUSTION AIR UNDERCUT UTILITY ROOM DOOR I'ANO PROMOS(11 4'iur yki OVERLAY FRAMED AREAS SNAU.BE BUILT I1PO!FRAMING �' 5. A ONE PERM OR LESS VAPOR RETARDER(IE:KRAFT PAPER,PYA PAINT ETC..) COMBUSTION AIR OPENING WTIUN 12'OF CUUNG SCE Di g{ WITH SHEATHING AE3IEAOY ATTACHED. IS TO HE INSTALLED ON THE WARM SIDE OF AL.F050LATDV. PROMOS SOUR BLOCKING BETWEEN 1HE BEARINGS OF 6- INSULATION VALUES LEGEND: w w 7. ALL RECESSED LICHT FIXTURES 1N THE'THERMAL ENVELOPE TO BE CERTIFIED EVERY RAPIER OR TRUSS ANO A 9MPSON H25 GIP AT UNDER A51A1 E-283 AND 50 LABELED,OR SEALED AROUND THE ESIESOI IN AN AP- WALLS PERM FLOOR 'WINDOWS DOORS EVERY MEMBER, ctr J co PRDvEO MANNER TO DE AIR DONT. A80TE mow RA7 YAWED CRAri W SI,B TGIIIVA. O'YERNEAA E K CAAEE Q1WE SPACE FLOOR WADE -- 1 PROVIDE A HUILT-UP OR sox WOOD COLUMN BENEATH r A-21 R-21 R-11 DR R-3a R-•30/ R-15' A-10 0,030 11_nso Uon2o I ,� THE REARWGS of ALL ORDER TRUSS AND ROOF BEAMS. N — 49 FTIS R-3a ucr v=OuzR - I --•---1-_- --_ -- lx CDR T1CTAT ALL EXPOSED SOFFIT&ROOF OVERHANGS 0 M ,I( ATNC ACCESS ND1@ To PROVIDE MIN,22R60 MIN HEAVY DUTY ALUM.PULL-ON m w III STAIR ATTIC ACCESS PROVIDE MIN.50'VERTICAL :z �z.arTrRAr-z /d ' \, .`6 CiEARhkCE(ROVE OPENING 1- o.- //7•r I � L•L• r T YS5.xl blSlri'LU�IUE Li; ' L 5.25�•�t1,QI DF I .\`AIL\\ \ / II 6I 1B]I5 K2¢3T060' I I I I II iT171. F- W Z cri CCNC RE ROCFNG 12 CMG TILL ROOELIO 12 caAa Ira-sTEe UNDERLINE/4 w/MACE SELF a GR/IDE Iitl-EEEX Lw6H1uTMOIr w7 GVArA SPY a cc z v ADI3wE0 MEMGAANE AT SOCES h YAILET$ AWNED M ERANO AT IMES&METE O is SHP 5wEAREVO / 1x SO g1T DOD [//(.9 O U S/C PLY*%EARWIG // VS`PIYND SHCARSING / V Q y'/ life AIR SPACE ® Ali �_ Q I R-JR NSEUIIOIT �' R-37 IMSAAOW Arkmar7 H2 Mi 5 ,RWGNE IR CApI MUSS Ni UCH fAANIC/NE TIE NI RRISS MNi� Q d :sr ---' .k_fittflitt , ---- B I PLI PAII 1!LI PA I/LI I P LI P .,,• „Alai yrc?cc? ,, 6-72 , To'-o' ix-rf 6,-0' ID-o' , 3'-or / 5•COPPER T(•SINE GUTTER in 5'COPPER'N 5191E MICA r rrr —, — rr rrirr rrr "f ._... "_ —. �....... r.rr��rr1 - —..— .— .— —.. ri.i(rr 4� 5/4 x 8 CDR PASSA :1.11107 '..�Sf1•'FE 11 SAID 5/4•G CDR ri,m \ \ .— -- .— � J ID MOH EMSDNC TO MATCH E 01100 Id-uw-a•OWIGIFAO ODOR tY-d19-0 DEK4EAD DOOR / Id-0•>2'-0.OVWIEAD DOOR Q 114 1NI CCOAR 1'-R.(NI = Ic4 TAO CCDAR I'-0-)110 \ \ / W Q ANGLE IM,EL - \ / \ \ / / \ / N w in n•il 24 CEDAR DOOR WRAP • BRK]C 4ENEEA 10 WrGI BEAIX VENEER.SEE 1xA Cy11AR IxN 10 ; ,DOSnH0 Itp0LNfL Llm) NI- N ITP DRS SNEE7 A2 / � \ •/ / �'N _ _ N / \ r 1/2'0.Yn0$1FATHNO II. _, \ i_� BB '-2I ion INSUL g '' z MO NOMEYIIAP w/NAP CAPS = b '� 'I' i 01i J f' L" ' 4 \ s ~sowaraNnm pwr� • E � — s~ — �' , A GARAGE — 7 /� .r a - 01 r J TEE, STEEL mow.O100I III/EPDXY SEALER ..4V 4 '' Z o 4. ,_^ N / N / -` N r \ . � N. CY � N \ i o • /• \ / \ / \ 13aAE' r \\f/ :aNc s4a N -_ ' / Id-dam'-O-o'maim DDDR\ / \ ID'-0'xB'-d owaIFAO DOOR O"�-S I LLB r R 0.00E 1 1/j•Tt) SLOPE 1 1/2.10 TL .— —. _ — .— _ I / IY-dce'-d OVFHICAD DOOR \ _..__ _ _., .._ T^ Z CD OH.00IXt - OH.DOOR ',. r r r r rII roParEDSNG J E A�NALT IXdTE = BRIM VENEER TO un1G I U ADC I 1 �rA_-�•: -, x, •...r EIS51DIc RE900110E 11➢ / Y-0' x Id-d ]•-O' :'-O' 12'-D' 1,r-D• 3'-D• Id-D• r-O• P a- 1 ) RR 1, ••L xxx Kxxxxxx>l ,,xxkxx:xxx,xa x IR'-D• 15'-D' IR'-D• W O ('1 h ry ..'— 4'CMG SAD NM" M I I ...�11N GID INS L O It �A 1KK GRATES. / 1R'"d / 0 1 1 R-10 RIGID NAl .1 I I x-m IRaD Insu J //J/(�� I,I�'^• IIII act,MIN)WAR 0101 10. �~ I e' �.I 61a.{AR)uAPOR BARRIER. Q ® J }Q LJ `I(- \SEC 610 7�A2 12'MIN /I O •','. \SEE OIL 3/AI�P 12'1!N INF 1� LL } ((( JOB: 1504 Fall a GARAGE FLOOR PLAN OWN: ALT -..--.PIPE ME ..`PRE PO DOOR NOTES NOTES: DATE: 3/18/2015 SCATS I/4'=I'-0E E PRROWE ALUu RNESHan A AF0TIIER SIRwPHG AIL G1MENSI0N5 ARE TO FACE OF STUD UNLESS ON ALL S1015 FlOE E%T.MOORS NOTEO OTHERWISE REV. ..c .G 2 ALL COMM MAN Doom 1O BE NSLRAIE5 INTERIOR OOHING3 FIBERGLASS MINIMUM OF 50%OF ALL LUMINAIRES TO BE gl R'4 I' SHEET NO, HIGH EFFICIENCY TYPE FIXTURES l Ill�'y7lk+Ll'{M.. O WALLSEC11ON O WALLSECTION WINDOW NOTES: 1 2 I.U15000'Sma m•IDlll1RNDDNS SCALE 3/4'=1'-0• SCALE 3/4'=I'-0' riOR i MPH COLOR'RHIIE' STATE OF WASHINGTOH J.N01109 INSECT SCREENS ON N.I.OPERATES 1104921IS r '4� tes Invoice/Permit#: SDP-2015-0002 S - Applied date: 04/29/2015 • 8221-0547 Issue date: i r Expire date: 04/28/2016 elicc Permit Type: Shoreline Permit • Project: _ Finance Department 015366 0004 Maryellen 08/05/2015 11 :47AM to construct a 24 foot long by 48 foot wide detached garage on the subject property. PERMITS AND INSPECTIONS Contractor: AiiI AYLOR BLG-2.AA5-0384 Address: Single Family Alteration/Repair Permit New detached garage. Phone: issued 2015 Item: BLD-2015-0384 67.51 License#: Payment Id: 72236 CLIFFORD 7FIFMAN Fees: SDP-2015- Shoreline Permit Fee 750.00 Shor t Publications 154.32 Sh 'clonal Use Total Calculated: 904.32 p0, ruct a 24 Deposits/Receipts: 0.00 fr;u.. og gy 48 foot wide det,_, L ;d garage on the Total Due: 904.32 subje_,r property. - pending 2015 Item: SDP-2015-0002 904.32 Payment Id: 72237 971.83 Subtotal 971 .83 Total 971.83 CHECK 971 .83 Check Number 02088 Change due 0.00 Paid by: Taylor Design Architects II III II I I I III IIIII'�III II II I III II I ill III OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS, OR IF Thank you for your payment IDONED FORA PERIOD OF 180 DAYS AT ANY TIME AFTER WORK IS COMMENCED. THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT.ALL PROVISIONS E OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT, THE VE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR RFORMANCE OF CONSTRUCTION. CUSTOMER COPY DUPLICATE RECEIPT ISSUED BY Cityof Anacortes Invoice/Permit#: SDP-2015-0002 904 6th Street Applied date: 04/29/2015 P.O.Box 547 Issue date: thP 1 1. Anacortes, WA 98221-0547 Expire date: 04128I2016 Job Address: 4205 FIDALGO BAY RD Permit Type: Shoreline Permit ANACORTES WA 98221-8355 Project: APN: P33202 P33042 Remarks: Shoreline Conditional Use Permit to construct a 24 foot long by 48 foot wide detached garage on the subject property. Owner: CLIFFORD ZEIFMAN Contractor: Address: 5120 STATE HIGHWAY 6 Address: RIESEL TX 76682-3792 Phone: Phone: License#: General Information: Fees: Shoreline Permit 1 Shoreline Permit Fee 750.00 Publications 154.32 Total Calculated: 904.32 Deposits/Receipts: 0.00 Total Due: 904.32 THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 180 DAYS AT ANY TIME AFTER WORK IS COMMENCED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT.ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT, THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. SIGNATURE OF OWNER OR AUTHORIZED AGENT ISSUED BY • SHORELINE MANAGEMENT ACT OF 1971 PERMIT FOR SHORELINE CONDITIONAL USE PERMIT(SCUP): TYPE OF ACTION: I Substantial Development Application #: SDP-2015-0002 ® Conditional Use Permit Administering Agency: City of Anacortes Variance Permit Date Comp. App_ Received: 5/1/2015 ❑ Special Use Approved: Yes Decision Date: 6/24/2015 Pursuant to Chapter 90.58 RCW, the permit is hereby granted to: APPLICANT& LANDOWNER: • Clifford Zeifman 5120 State highway 6 Riesel, Texas 76682 AGENT: Al Taylor Taylor Design Architects P.O. Box 312 Clear Lake, WA 98235 TO UNDERTAKE THE FOLLOWING DEVELOPMENT: The applicant has applied for a Shoreline Conditional-Use Permit (SCUP) to permit the construction of one (1) detached 24 foot long by 48 foot wide garage accessory to an existing single-family residence. UPON THE FOLLOWING PROPERTY (PLEASE LIST LEGAL DESCRIPTION, I.E., SECTION TO THE NEAREST QUARTER SECTION, TOWNSHIP, RANGE): The site address is 4205 Fidalgo Bay Road, Anacortes,Washington.The subject property(s) is located in a portion of Section 30;Township 35 North; Range 02 East; Willamette Meridian. Within Fidalgo Bay shoreline jurisdiction and/or associated wetlands. A portion of this project ®will be I I will not be within shorelines of statewide significance (RCW § 90.58.030). 1 of The project is located within the CONSERVANCY (shoreline area) environment/designation. The following master program provisions are applicable to this development (state the master program section or page number). If a conditional use or variance, also identify the portion of the master program which provides that the proposed use may be a conditional use, or that portion of the master program being varied. (See attached Planning Commission's Decision) SHORELINE PERMIT(File tt: SDP-2015-0002): Development pursuant to this permit shall be undertaken pursuant to the following terms and conditions: 1. The scope of the project shall not exceed that as set-out in the shoreline permit application (including attachments), and in accordance with the determinations made and conditions imposed. Exhibit 9 shall be the approved site plan. 2. The project shall comply with all applicable Shoreline Master Program regulations, including but not limited to, Chapter 5, Shoreline Environments & Associated Policies and Regulations, Chapter 6, Environmental Protection General Regulations, Chapter 8, Specific Use Policies and Development Regulations, and Chapter 9 Specific Shoreline Modification Policies and Development Regulations. 3. A building permit(s) with the City of Anacortes' shall be secured prior to work. 4. The applicant shall be responsible for reimbursement to the City for the cost of posting, mailing and publication of the public hearing for this proposal. Payment shall be made prior to building permit issuance. 5. Prior to building permit submittal or approval, the applicant shall submit a landscape plan to the Planning Director for review and approval prepared by a qualified professional showing in detail mitigation proposed utilizing indigenous plants native to Western Washington. All plantings shall be planted and impervious surface removed (covered deck, trailer, and shed) according to the submitted ATSI critical report and site plan (Exhibits 7 &9 respectively) prior to building permit submittal or approval is given. 6. The landowner/applicant shall contact the Samish Indian Nation and verify if a Cultural Resource Survey of the subject property is required. If a Cultural Resource Survey is required, compliance with archeological resources requires the hiring of a professional archaeologist who meet the federal standards of the Secretary of the Interior and State Law. The landowner /applicant shall contact the State of Washington's Department of Archaeology and Historic Preservation (DAHP) to initiate the survey. Once the Cultural Resource Survey Report is complete and approved by the DAHP, a copy of the report shall be provided to the City of Anacortes's Department of Planning, Community, and Economic Development. The Cultural Resource Survey Report shall be obtained, reviewed, and approved by the DAHP and Samish Indian Nation before the City of Anacortes's will issue final short plat approval, building permits, land clearing permits, and /or grade and fill permits 2 of 3 7. If any artifacts or human remains are found upon excavation, the Samish Indian Nation; the City of Anacortes' Department of Planning, Community, & Economic Development; and the State of Washington's Department of Archaeology and Historic Preservation (DAHP) shall be immediately notified and the work in the immediate area cease. Pursuant to RCW § 27.53.060 it is unlawful to destroy any historic or prehistoric archaeological resources. RCW 27.44 and § 27.53.060 require that a person obtain a permit from the Washington State Department of Archaeology and Historic Preservations before excavating, removing, or altering Native American human remains or archaeological resources in Washington. This permit is granted pursuant to the Shoreline Management Act of 1971 and nothing in this permit shall excuse the applicant, owner, lessee, agent, successor or assigns from full compliance with any other federal, state or local statutes, ordinances or regulations applicable to this project, but not inconsistent with the Shoreline Management Act (Chapter 90.58 RCW). This permit may be rescinded pursuant to RCW § 90.58.140(8) in the event the permittee fails to comply with the terms or conditions thereof. Construction pursuant to this permit will not begin or is not authorized until twenty-one days from the date of filing as defined in RCW § 90.58.140(6) and WAC § 173-27-130, or until all review proceedings initiated within twenty-one days from the date of such filing have terminated, except as provided in RCW 90.58.140(5)(a),(b) and (c). June 25, 2015 Don Measamer, Shoreline Administrator Date This section for department use only in regard to a Conditional Use or Variance Permit: Date received by the Department: Approved: Denied: This shoreline conditional use permit is approved by the Department pursuant to Chapter 90.58 RCW. Development shall be undertaken pursuant to the following additional terms and conditions: Date 3 of 3 City of Anacortes Invoice/Permit#: BLD-2015-0264 904 6th Street Applied date: 06/03/2015 P.O.Box 547 Issue date: 06/30/2015 Cris Anacortes, WA 98221-0547 Expire date: 12/26/2016 (360) 293-1901 Job Address: 4205 FIDALGO BAY RD Permit Type: Fire Sprinkler Permit ANACORTES WA 98221-8355 Project: APN: P33202 P33042 • Remarks: Extend existing 13D fire sprinkler system for addition& remodel. Min permit#is BLD-2015-0062 Owner: CLIFFORD ZEIFMAN Contractor: X-FIRE Address: 5120 STATE HIGHWAY 6 Address: 1511 KENTUCKY ST RIESEL TX 76682-3792 BELLINGHAM WA 98229-4718 Phone: Phone: (360) 715-8088 • License#: XFIRE"961PN General Information: Fees: Building Valuation 4564 Building Permit Fee 111.25 Plan Review Fee 72.31 State Building Code Fee 4.50 Total Calculated: •188.06 Deposits/Receipts: 0.00 Total Due: 188.06 • I 7 :'u I- n e- rn m Ixl r n —� I to I, :; • . . • I I Irl • =a r _n o c:i u. SL 71.It .:� , rl ;X. 111 • y Co THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 180 DA1p,S, ORS I CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 180 DAYS AT ANY TIME AFTER WORK IS COMMENCED, HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT.ALL PR`OVISIZ Nai OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR HOT, , GRANTING OF A PERMIT DOES NOT PRESUME TO.GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER TAT D' LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. c. 0 �;r, CS]SIGNATURE OF OWNER OR AUTHORIZED AGENT ISSUED BY � � 4205 FIDALGO BAY RD CRITICAL AREAS REVIEW & PROPOSED MITIGATION REPORT CITY OF ANACORTES, WA 18 March 2015 Prepared for: Clifford Zeifman 5120 State Highway 6 Riesel, TX 66682 Prepared by: Aqua-Terr Systems, Inc. 21993 Grip Road Sedro-Woolley, WA 98284 Phone: (360) 856-2139 Fax: (360) 856-5238 E-mail: atsi@ifidalgo.net Aq u aTe r rSyste m s l n c.co m ATSI Aqua-Tern Systems,Inc. Z1" 4205 FIDALGO BAY RD CRITICAL AREAS REVIEW & PROPOSED MITIGATION REPORT CITY OF ANACORTES, WA 18 March 2015 Prepared for: Clifford Zeifman 5120 State Highway 6 Riesel, TX 66682 Prepared by: Jim Wiggins, MS, PWS Janet Cray, BA, PWS President Associate Biologist Aqua-Terr Systems, Inc. 21993 Grip Road Sedro-Woolley, WA 98284 Phone: (360) 856-2139 Fax: (360) 856-5238 E-mail: atsi@fidalgo.net Aq uaTerrSystemsl nc.com Zeifman -Critical Areas&Mitigation Report, City of Anacortes ATSI - 18 March 2015 ii TABLE OF CONTENTS EXECUTIVE SUMMARY 1 I. INTRODUCTION 2 II. METHODS AND PROCEDURES 2 2.0 Regulatory Agencies 2 2.1 Preliminary Analysis 3 2.2 Personnel 3 2.3 Wetland Identification 4 III. SITE DESCRIPTION 4 3.0 General Existing Conditions 4 3.1 Critical Areas 5 3.2 City of Anacortes CAO Maps 5 3.3 NWI Map & Historic Aerial Photographs 5 3.4 Vegetation 6 3.5 Soils 6 3.6 Hydrology 6 3.7 Priority Species, Habitats, Wildlife 6 3.8 Regulatory Agencies 7 IV. PROPOSED PROJECT 9 V. PROPOSED MITIGATION 9 5.0 Mitigation Sequencing 9 5.1 Proposed Mitigation 10 5.2 Site Preparation 10 5.3 Planting Plan 10 5.4 Quality Control & As-Built 11 5.5 Goals & Performance Standards 11 5.6 Monitoring, Maintenance & Contingency Plan 12 VI. IMPACT ASSESSMENT 13 6.0 Review of Proposed Project & Mitigation 13 6.1 Impact Assessment for Existing Critical Areas 14 6.2 Assessment ESA Compliance for Priority Habitats and Species 17 VII. LIMITATIONS 18 VIII. WORKS CONSULTED 18 LIST OF FIGURES Figure 1. Vicinity Map Figure 2. Aerial Photograph Figure 3. Existing Conditions Map Figure 3a. Existing Conditions Map (Enlarged View) Figure 4. National Wetlands Inventory (NWI) Map Figure 5. Natural Resources Conservation Service (MRCS) Soil Map Figure 6. Proposed Conditions Figure 7. Proposed Mitigation LIST OF ATTACHMENTS Figures Zeifman -Critical Areas& Mitigation Report, City of Anacortes ATSI-18 March 2015 iii EXECUTIVE SUMMARY Aqua-Terr Systems Incorporated, (ATSI) was contracted to review an approximately 5-acre upland portion of parcel numbers 33200 and 33202, hereinafter referred to as the "project area", for the proposed addition of a garage at 4205 Fidalgo Bay Road, within the City of Anacortes, WA. The entire project area is within the 200-foot shoreline jurisdiction. At our 8 December 2014 site reconnaissance, ATSI observed a FEMA Flood Zone, the marine shoreline of Fidalgo Bay, a regulated 100-foot shoreline conservancy, and an estuarine pocket wetland. Habitats within the project area include the open lawn, the marine waters of Fidalgo Bay, and the estuarine waters in the pocket wetland. The marine waters provide habitat for many avian, mammal, and aquatic species, some of which are ESA listed. Existing non-native lawn does not generally provide quality habitat or shoreline functions; however, in extreme storm events it has the ability to provide refugia and food source functions for the avian, mammal, or aquatic species associated with the adjacent marine waters. The proposed development is the construction of a 24-foot by 48-foot garage with a concrete slab to connect it to an existing concrete parking pad and driveway to the east. Proposed new impervious surface within the 100-foot shoreline conservancy will be 433 square feet due to the concrete slab connection between the garage and existing concrete parking pad. This constructed entry into the garage is necessary as it is not possible to turn into the garage from the narrow asphalt road to the west. Proposed new impervious surface outside of the 100-foot shoreline conservancy but within shoreline jurisdiction will be 1,291 square feet for the remainder of the slab connection, the garage itself, and a concrete connection between the garage and asphalt drive to the west. Mitigation for the proposed impervious material and impact to habitat within the 100-foot shoreline conservancy will be mitigated for by the removal of 749 square feet of impervious surface to the north and replanting it with 749 square feet of pervious lawn habitat and by the restoration of 446 square feet of native plant dominated riparian habitat in the northern portion of the site for a total of 1,195 square feet of replaced habitat. Per the City of Anacortes Shoreline Master Plan, it is our best professional judgment that this project as proposed has achieved a no net loss of shoreline functions due to the combination of redesign, minimization of impacts within the 100-foot shoreline conservancy, and the proposed mitigation. The proposed impact of 433 square feet of new impervious surface will occur in an area that is functionally disconnected from the shoreline by an existing concrete parking pad. The proposed compensatory mitigation is for the removal of a greater amount (749 square feet) of impervious surface material, replanted with lawn, and for the restoration of (446 square feet) native riparian habitat adjacent and functionally connected to the shoreline. Additionally BMP's will reduce temporary/temporal shoreline impacts and net gains are anticipated in Fish & Wildlife Habitat (increases in vegetation species diversity, LWD, snags, etc.), Food Chain Support, and Shade from the proposed restoration of native trees and shrubs. Zeifman- Critical Areas&Mitigation Report, City of Anacortes 1 ATSI—18 March 2015 • As per FEMA guidelines, all existing structures are, and the proposed structures will occur, above the base flood elevation. Our best professional judgment is that this project cannot be determined as a "No Effects (NE)" because, although no construction will occur within marine waters or the immediate shoreline, 433 square feet of new impervious surface and work will occur within the 100-foot shoreline conservancy. However, because mitigation will occur in the form of 749 square feet of impervious surface removed, and a total of 1,195 square feet of habitat will be restored (approximately half of which will be native species closer to the shoreline), and BMP's implemented; ATSI recommends a "Not likely to Adversely Affect (NLAA)" FEMA determination for this project because potential impacts are anticipated to be insignificant and fully mitigated for. I. INTRODUCTION Aqua-Terr Systems Incorporated, (ATSI) was contracted to review an approximately 5-acre upland portion of parcel numbers 33200 and 33202, hereinafter referred to as the "project area", for the proposed addition of a garage at 4205 Fidalgo Bay Road, within the City of Anacortes, WA, within a portion of Section 30, Township 35 North, Range 2 East, W.M. (Figures 1 to 3). The purpose of this report is to assess the presence, location, and extent of wetlands, streams, shorelines and other biological critical areas including fish and wildlife habitat and their regulated buffers under the jurisdiction of the City of Anacortes, the Washington State Department of Ecology (Ecology), and the U.S. Army Corps of Engineers (Corps) that are located within or adjacent to the project area. II. METHODS AND PROCEDURES 2.0 Regulatory Agencies City, state and federal governments regulate critical areas on and adjacent to the project area. The City of Anacortes regulates all activities in and around wetlands, streams, and other critical areas such as species of local concern through Chapter 17.70 of the City of Anacortes Municipal Code (AMC) Critical Area Regulations. Marine shoreline vegetation is regulated in Section 17.70.580. Classification of critical areas and their associated buffers follow the criteria outlined within this code. Shorelines are regulated through the Chapter 18.16 of the City of Anacortes Shoreline Master Program (SMP). The Federal Emergency Management Agency (FEMA) regulates floodplain management practices and assists communities in meeting the requirements of the Endangered Species Act (ESA). The US Army Corps of Engineers (Corps), through Section 404 of the Clean Water Act, has the authority to regulate the placement of fill materials in wetlands and other waters of the United States and requires permits for such activities. The Department of Ecology (Ecology) regulates all wetlands (RCW 90.48). Specific references to these agencies and applicable code requirements are described in further detail below. Zeifman -Critical Areas& Mitigation Report,City of Anacortes 2 ATSI—18 March 2015 2.1 Preliminary Analysis ATSI uses a two-step procedure to determine the presence and extent of wetlands, streams, habitat, and other biological critical areas within and adjacent to a project area. This procedure includes preliminary data review and on-site reconnaissance in which a qualitative analysis of biota and habitats is performed. The goal of this analysis and site review is to describe the biological aspects within and adjacent to a project area in order to provide sufficient information for the client and regulating agency to make informed decisions regarding these features. The preliminary review of public resource documents is used to provide initial information on vegetation, soil, and hydrology and other critical areas within and adjacent to a project area. These resources include, but are not limited to: • USDA Natural Resource Conservation Service (NRCS) soil surveys, • NRCS hydric soil list, • National Wetland Inventory (NWI) maps, • Local jurisdiction inventory maps, • Local jurisdiction Shoreline Master Program (SMP), and • Local jurisdiction Critical Area Ordinances (CAO). During an on-site reconnaissance, the general terrain is observed, a project area is traversed, and visual observations are made on areas adjacent to a project area to identify wetlands, shorelines and other critical areas. Aerial photographs, soil data, and topographic maps are used for orientation and to assist in locating wetlands, shorelines, streams, and other unique or critical habitats. Data on topography, dominant communities of vegetation, soil, and hydrology are collected and recorded. An on-site reconnaissance was conducted on 8 December 2014. As the site is a constructed residence with a lawn and minimal native vegetation, specific sample plot data were not collected. • 2.2 Personnel The on-site reconnaissance was conducted and this report prepared by ATSI Associate Biologist, Janet Cray BA, PWS and ATSI Principal, Jim Wiggins MS, PWS. Additionally Ms. Karla Van Leaven, BS, PWS was at the on-site reconnaissance. All ATSI staff are Professional Wetland Scientists (PWS) certified through the Society of Wetland Scientists Professional Certification Program. Mr. Wiggins has a Master of Science (MS) Degree and has been practicing as a biologist since 1988. Ms. Cray has a Bachelor of Arts (BA) degree and has been practicing as a professional biologist since 2006. Ms. Van Leaven has a Bachelor of Science (BS) degree and has been practicing as a professional biologist since 2008. ATSI staff received habitat assessment training from FEMA during their workshops on 17 June 2010 and 1 and 2 March 2011. All ATSI staff have completed the training for the Department of Ecology wetland rating system, identification of the ordinary high water mark (OHWM) and other biologically pertinent courses and workshops. Zeifman-Critical Areas& Mitigation Report,City of Anacortes 3 ATSI—18 March 2015 2.3 Wetland Identification Any wetlands identified and referred to in this report follow the Corps definition: "...those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions (Environmental Laboratory 1987). All wetlands are identified based on the presence of indicators for hydrophytic vegetation, hydric soils, and wetland hydrology as described in the Corps, Wetland Delineation Manual (Environmental Laboratory 1987); and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Corps 2010). All three parameters must be present for an area to be considered a jurisdictional wetland under normal circumstances. Atypical situations and problem areas are treated per the Corps and.state manuals. III. SITE DESCRIPTION 3.0 General Existing Conditions The approximate 5-acre project area is located at 4205 Fidalgo Bay Road within the City of Anacortes, WA (Figures 1 to 3). Land use in the vicinity of the project area consists of Fidalgo Bay Road, single family residential, the Tommy Thompson Trail, and State Route 20 Spur (SR-20) to the west; Fidalgo Bay, and an RV park to the south and southeast; and Fidalgo Bay to the east (Figure 4). The entire project area lies within the 200-foot shoreline jurisdiction. Improvements on the site include existing non-conforming structures within the 100-foot shoreline conservancy, such as rip-rap shoreline armoring along the eastern boundary; an asphalt driveway, shed, and trailer with a covered deck at the north end (Figure 3), and an asphalt drive, residence, concrete pad and shed at the southern end (Figure 3a). Existing structures that occur outside of the 100-foot shoreline conservancy include the remainder of the asphalt driveway, septic tanks, a valve box, a control panel, a concrete pad, a shed, and a fence along the western boundary (Figure 3a). Vegetation within the project area is primarily non-native lawn and ornamental landscape plants; however, native plants occur within the buffer of the estuarine pocket wetland in the southern portion of the site and a few native trees were observed planted in a landscape strip adjacent to the bulkhead (Figure 2). Topography within the project area is relatively level with the shoreline armoring constructed between 11 to 15 feet in elevation and the residence constructed from 14 to 14.5 feet in elevation (Figures 3 and 3a). Zeifman- Critical Areas&Mitigation Report, City of Anacortes 4 ATSI—18 March 2015 3.1 Critical Areas At our 8 December 2014 site reconnaissance, ATSI observed a FEMA Flood Zone, the marine shoreline of Fidalgo Bay, a 100-foot shoreline conservancy, and an estuarine pocket wetland. The marine waters of Fidalgo Bay contain listed species and their habitats. FEMA Flood Zone A FEMA firmette from Panel 80 of 100, (Map Number 5303170080A) indicates that the property occurs within Zone AE with a base flood elevation of 7 (NAVD)(Figure 3). Fidalgo Bay & 200-foot Shoreline Jurisdiction Fidalgo Bay bounds the site to the north, east, and southeast. The marine waters of Fidalgo Bay contain listed species and their habitats. The project area is within the 200-foot shoreline jurisdiction of the City of Anacortes and has a 100-foot shoreline conservancy (Figures 3 and 3a). Estuarine Pocket Wetland City of Anacortes CAO maps indicate that this wetland is a Category II wetland, approximately 40,615 square feet in size. As no work was proposed in the wetland or 100-foot shoreline conservancy setback, and therefore no direct impacts are anticipated, we did not rate this wetland. 3.2 City of Anacortes CAO Maps In addition to the estuarine pocket wetland noted above, the City of Anacortes CAO maps indicate a Bald Eagle nest between SR-20 and Fidalgo Bay Road to the north at the southern boundary of the residential area, and it indicates another Bald Eagle nest to the south near the RV park and the Tommy Thompson Trail. We concur with this mapping. 3.3 NWI Map & Historic Aerial Photographs The National Wetland Inventory (NWI) map indicates that the project area is encompassed by a forested wetland (Figure 4). We do not concur with this assessment as we did not observe forested wetland characteristics on the site and we observed a pocket estuarine wetland in the southern portion of the site. ATSI assisted the former landowner during the construction of the home sometime between 1998 and 2004. At that time there were no indications of forested wetlands on the site and use of the site included a relic log dump and barge loading area. ATSI reviewed historic aerial photographs from Skagit I-Map to determine if any inundated areas were evident historically. A 1969 aerial photograph indicates that the site was cleared sometime prior to 1969, and the estuarine pocket wetland appears to be in its current location; however, no additional indications of inundation can be seen in the photograph. In 1998 the site appears as a coniferous forest and the pocket wetland is less apparent and appears disturbed (wetlands further to the south have been filled in and are now covered with the RV park). In the 2004 aerial, the site has again been Zeifman-Critical Areas& Mitigation Report, City of Anacortes 5 ATSI—18 March 2015 cleared and a house, lawn, and the pocket wetland are evident and in their current locations. No additional indications of inundation were seen in any of the photographs. 3.4 Vegetation Vegetation within the project area is primarily lawn and non-native ornamental trees and shrubs; however, there is a 10-foot, barked strip of landscaping adjacent to the bulkhead (shoreline armoring). Although this strip primarily contains non-native ground cover, it includes some red alder (Alnus rubra; FAC) and big leaf maple (Acer macrophyllum; FACU) at an approximately 60-foot spacing (Figure 2). 3.5 Soils Mapped NRCS Soils The NRCS maps one soil unit within the project area: 165-Xerorthents, 0 to 5 percent slopes (Figure 5)(Soil Survey Staff; Web Soil Survey). Xerorthents is not listed as a hydric soil (Soil Survey Staff; Soil Data Mart). Excerpts of the NRCS descriptions for each are as follows (Klungman): 165-Xerorthents, 0 to 5 percent slopes. This map unit is on hills and flood plains. Areas are irregular in shape and are 5 to 40 acres in size. The native vegetation has been removed from the soils in this unit. Elevation is 5 to 250 feet. The average annual precipitation is about 30 inches, the average annual air temperature is about 50 degrees F, and the average frost-free season is 160 to 200 days. This unit consists of areas where the surface layer and subsoil have been highly disturbed, removed, and replaced with other soil material. Texture and depth are highly variable within short distances. Included in this unit are small areas of Bow soils on glaciated remnant terraces and Xerofluvents on flood plains. Also included are small areas of soils that are covered with sawdust and other wood wastes. Permeability, available water capacity, effective rooting depth, surface runoff, and the hazard of erosion are highly variable. They are dependent on the amount of disturbance and cutting or filling of the soil. In some areas a seasonal high water table is at a depth of more than 24 inches from November to March. This unit is used mainly for log landings and unpaved parking areas. It is also used as fill sites and athletic fields. This map unit is in capability subclass Vlls. 3.6 Hydrology The dominant source of hydrology in the project area is from direct precipitation. Ditches along Fidalgo Bay Road and storm water conveyance systems disrupt surface water runoff from upslope areas. 3.7 Priority Species, Habitats, Wildlife Priority Species We did not observe endangered, threatened, or sensitive plant or animal species regulated by the City of Anacortes, Washington State, or the federal government within the project area. Zeif man -Critical Areas& Mitigation Report, City of Anacortes 6 ATSI—18 March 2015 At our 8 December 2014 reconnaissance, we identified Fidalgo Bay adjacent to the project area to the north, east, and southeast. Listed species occur within the marine waters of Fidalgo Bay. The Washington Natural Heritage Program does not document this section, township, and range as containing Natural Heritage Features (WNHP 2015). A Washington State Department of Fish and Wildlife (WDFW) report has not been requested for this project area; however, WDFW online sources map the following: • 2 Bald Eagle nests approximately 1,950 feet (0.37 miles) to the northwest and southeast of the project area. Bald Eagle (Haliaeetus leucocephalus) are a federal species of concern and state sensitive species; • Surf smelt breeding along the shoreline. Surf smelt (Hypomesus pretiosus) are not indicated as a threatened, endangered, or sensitive species. • Pacific herring breeding along the shoreline. Pacific herring (Clupea pallash) is a state candidate species. • Both surf smelt and Pacific herring are forage fish for listed salmonids. Habitats & Wildlife Habitats within the project area include the open lawn, the marine waters of Fidalgo Bay, and the estuarine waters in the pocket wetland. Wildlife that use the open lawn areas are primarily passerine birds and small mammals such as rabbits. The marine waters provide habitat for many avian, mammal, and aquatic species, some of which are ESA listed. While the existing non-native lawn does not generally provide quality habitat or shoreline functions, in extreme storm events it has the ability to provide refugia and food source functions for the avian, mammal, or aquatic species associated with the adjacent marine waters. 3.8 Regulatory Agencies City, state and federal governments regulate critical areas on and adjacent to the project area. Local Regulatory Agency& Code The City of Anacortes regulates all activities in and around wetlands, streams, and other critical areas such as species of local concern through the City of Anacortes Municipal Code (AMC) Critical Areas Regulation (AMC Chapter 17.70). Classification of critical areas and their associated buffers follow the criteria outlined within this code. Code pertaining to existing non-conforming structures states that no such structure or use shall be expanded, changed, enlarged, or altered in any way that increases its nonconforming character relative to the provisions of this chapter without securing a conditional use permit (except as specifically authorized for the State Ferry Terminal or Shannon Point Marine Center (17.70.500)). Zeifman-Critical Areas&Mitigation Report, City of Anacortes 7 ATSI—18 March 2015 Shorelines are regulated through the Shoreline Master Program which regulates all "development" (AMC Chapter 18.16). The Anacortes Shoreline Jurisdiction includes the waters within the City limits, the land underlying them, and all lands extending 200 feet in all directions as measured on a horizontal plane from the OHWM. Marine shoreline vegetation code requires landscaping for development or redevelopment projects (AMC 17.70.580). Where portions of already-developed sites are proposed to be redeveloped, planting beds for marine shoreline vegetation shall only be required for those portions of the site actually abutting the shoreline. Planting beds shall be a minimum 6-foot wide by 10-foot long strip of land (e.g. 60 square feet) lying within and along the fifteen-foot wide strip of land immediately landward of the ordinary high water (OHW) for unarmored shorelines or the landward edge of the existing shoreline armoring. For new development projects the total minimum linear footage along the shoreline shall be 50 percent of the project's shoreline length and 25 percent for redevelopment of already-developed project sites. It should specify (a) particular species of salt-tolerant riparian vegetation and a minimum of 5 years monitoring. The criteria for success shall specify a minimum 80 percent survival rate of riparian vegetation and a minimum of 50 percent cover of riparian vegetation 4 feet tall or taller. Federal& State Agencies The Federal Emergency Management Agency (FEMA) regulates floodplain management practices and assists communities in meeting the requirements of the Endangered Species Act (ESA). Section 7 of the Endangered Species Act (ESA) requires Federal agencies to insure that any action authorized, funded or carried out by them is not likely to jeopardize the continued existence of listed species or modify their critical habitat. Habitat assessments may be required and should implement the guidance outlined in the FEMA Region 10, "Regional Guidance for Floodplain Habitat Assessment and Mitigation in the Puget Sound Basin, August 2013." The Corps requires notification of all disturbances to all wetlands, streams, and other waters and it is incumbent upon the landowner to disclose such disturbances. Isolated wetlands are not under the jurisdiction of the Corps, but the Corps must confirm isolated wetland status. Ecology and the Environmental Protection Agency require a 401 water quality certification for disturbance of wetlands depending upon the type of project and for disturbance of wetlands 0.5-acre or greater. Ecology regulates all wetlands (RCW 90.48). Any disturbance of a wetland area 0.5 acre or greater, or within a 100-year floodplain requires an Individual Permit from the Corps which includes the requirement of compensatory mitigation and an alternatives analysis. The Corps also has the discretion not to allow disturbance to high quality wetlands. Both Ecology and the Corps require certification that no listed, endangered, threatened, or sensitive plant or animal species, or National Historic Places are present on the subject parcel. Zeifman-Critical Areas&Mitigation Report, City of Anacortes 8 ATSI—18 March 2015 IV. PROPOSED PROJECT The proposed development is the construction of a 24-foot by 48-foot garage with a concrete slab to connect it to an existing concrete parking pad and driveway to the east (Figure 6). Proposed new impervious surface within the 100-foot shoreline conservancy will be 433 square feet due to the concrete slab connection between the garage and existing concrete parking pad. Proposed new impervious surface outside of the 100-foot shoreline conservancy but within shoreline jurisdiction will be 1,291 square feet for the remainder of the slab connection, the garage itself, and a concrete connection between the garage and asphalt drive to the west (Figure 6). V. PROPOSED MITIGATION 5.0 Mitigation Sequencing 1. Avoidance (Figures 6 and 7): o Avoidance of Fidalgo Bay and the nearshore environment has been achieved as no inwater or nearshore work is proposed. o Avoidance of the estuarine wetland and its setback was achieved by redesigning the project to move the garage away from the initial proposed location on top of an existing concrete pad closer to the residence which was within the setback of the estuarine wetland. o Avoidance of the entire 100-foot shoreline conservancy was not practicable due to safety concerns anda wider required turning radius as it is not possible to turn into the proposed garage from the narrow asphalt drive to the west. Therefore, entry into the garage is proposed to occur from the existing concrete parking pad to the east via a 4-inch concrete slab connection (Figure 6). 2. Minimization: o Impacts to the 100-foot shoreline conservancy have been minimized to the maximum extent practicable by locating the proposed garage completely outside of the 100-foot setback. o Impacts to the 100-foot shoreline conservancy have been reduced to 433 square feet for the concrete slab connection between the existing concrete parking pad and the proposed garage (Figure 6). This location is functionally disconnected from the shoreline by the existing concrete parking pad and existing shoreline functions are already impacted (Figure 6). 3. Rectifying/restoring: The proposed compensatory mitigation is for the removal an equal or larger amount of impervious surface material and the restoration of and equal or larger amount of riparian habitat within alternative areas that are closer to the shoreline and not functionally disconnected (Figure 7). 4. Reducing/eliminating the impact over time: n/a. 5. Compensating: The proposed impervious material and impact to habitat within the 100-foot shoreline conservancy will be mitigated for by the removal of 749 square feet of impervious surface to the north and replanting it with 749 square feet of pervious lawn habitat, and by the restoration of 446 square feet of native plant dominated riparian habitat in the northern portion of the site for a total of 1,195 square feet of replaced habitat (Figure 7). 6. Our rationale for allowing for the shoreline alteration at this location is: o The proposed design holds the least impacts to the least number of critical areas, Zeifman-Critical Areas&Mitigation Report,City of Anacortes 9 ATSI—18 March 2015 • The impervious surface and impacts are proposed for a location that is functionally disconnected from the shoreline where existing functions are already negatively impacted, and, • Compensatory mitigation for impervious surface area can be provided in an alternate location that is not disconnected from the shoreline, and an additional habitat area can be created closer to the shoreline where shoreline functions may be restored via the removal of non-native lawn and landscape vegetation and replanting with native species. (A more detailed assessment of shoreline functions and impacts is provided below). 5.1 Proposed Mitigation Proposed mitigation for 433 square feet of impervious surface and resulting impacts to habitat within the 100-foot shoreline conservancy is to (Figure 7): 1. Remove 749 square feet of existing impervious material and replant 749 square feet of pervious lawn habitat in the northern portion of the site, and 2. Restore 446 square feet of riparian habitat by removing the existing lawn and non- native landscape plants and replacing them with native plant-dominated habitat closer to the shoreline at the northern property boundary. 5.2 Site Preparation The area proposed for in the removal of 749 square feet of impervious surface and replanting with lawn will not require biologic recommendations or monitoring; therefore, it is not discussed in further detail within this report. The restored riparian habitat area at the northern portion of the project area will need to be prepared prior to planting. A minimum of 12 inches of clean topsoil shall be placed prior to plant installation if topsoil does not occur in this location. If the topsoil has been compacted, the topsoil shall be rototilled prior to plant installation. If soil has not been disturbed, then no additional soil preparation is required other than as described below within the planting plan. 5.3 Planting Plan The restored riparian habitat area will be planted with the native herbaceous, shrub, and tree species listed in Table 1. Any variation from the listed species in Table 1 shall be under the direction of a qualified biologist. Only plant species native to the region will be planted within the enhancement area. All plants will be planted in topsoil. Planting should occur in February or during the wet season the following year post site preparation or as appropriate for planting success and site access. Plant stock will be from a local native plant nursery. Plants shall be free of disease and healthy to improve transplant survival. Planting holes shall be twice as wide and twice as deep as the plant root size. Planting holes may be amended with soil microbes if deemed necessary by the landscape/plant installer to ensure plant survival. All trees and shrubs will have plant protectors and staked if necessary. Mulch (4 inches of weed free chipped deciduous wood) will be placed around the plantings and on all bare soils to decrease the potential for sedimentation or erosion occurring near the shoreline and to provide cover to retain moisture and reduce weed species competition. Zeifman -Critical Areas& Mitigation Report,City of Anacortes 10 ATSI—18 March 2015 Trees shall be planted 10-feet on center in the appropriate locations (within sunlight and hydrological conditions the plants will tolerate)(Table 1). For example, the 100-foot conservancy has been primarily cleared; therefore, only sapling species that can tolerate dryer upland soils in partial to full sun conditions (e.g. shore pine and maple) should be installed within these locations. All trees shall be bare root or potted and not less than 24 inches tall (1-gallon size or equivalent). Shrubs shall be planted at 3 feet on center in the appropriate locations (e.g. sunlight and hydrological conditions the plants will tolerate) within the mitigation areas (Table 1). All shrubs shall be a minimuml8-inch (1-gallon size or equivalent). Herbs (dune grass) shall be planted as seed (preferred) or bare root along an approximate 6 foot strip directly adjacent to the shoreline. Seeds may be hand collected from local resident populations and spread approximately at 2 inches. If bare root plants are used, they may be planted at 6 inches on center. Table 1 . Recommended planting for species, quantit , and size. Vegetation Layer & Species Quantity Size Trees: 4 at 10 ft. on center spacing shore pine (Pinus contorta;FACU) 2 24" red alder (Alnus rubra; FAC) 2 24" Shrubs: 42 at 3 ft. on center spacing Douglas maple (Acer glabrum;FACU) 2 1 gp osoberry (Oemleria cerasiformis, FACU) 14 1 gp snowberry (Symphoricarpos albus, FACU) 14 1 gp spreading gooseberry(Ribes divaricatum;FAC) 10 1 gp Herbaceous: dune grass (Leymus mollis;FACU) seed mix n/a 1gp=1 gallon pot or equivalent 5.4 Quality Control & As-Built To assure success of the mitigation areas, a qualified biologist or landscaper will be on- site periodically during all phases of mitigation implementation. An as-built drawing of the mitigation areas will be provided after planting. The as-built shall be prepared by a professional biologist, landscaper, or Engineer to produce the final drawing. This drawing will indicate all appropriate features for the mitigation area, e.g., the approximate locations of the installed trees, shrubs, and herbaceous plants. The actual quantity and species of the planted material will be indicated in a table on the drawing. 5.5 Goals & Performance Standards Mitigation Goals The goal of the mitigation plan is to provide compensatory mitigation for disturbance to the 100-foot shoreline conservancy. The restored riparian habitat area will be planted with native trees, shrubs, and herbaceous plants. This will be an increase in shoreline habitat functions at the mitigation area compared to the functions currently existing in the proposed disturbance area (i.e., lawn). Zeifman-Critical Areas& Mitigation Report, City of Anacortes 11 ATSI—18 March 2015 Performance Standards Planted tree and shrub vegetation will have a 100 percent and 95 percent survival respectively after the first year of installation and a minimum 80 percent survival for all years following. The restored habitat area vegetation will have a 50 percent estimated cover after 5 years with at least 3 species. A minimum of 2 photographic points, within the mitigation area will be taken that will best illustrate conditions during the 5 years of monitoring. The possible presence of natural regeneration of native trees, shrubs, or herbaceous plants or volunteer native species may be factored into the decision for whether new plant material is required or thinning an abundance of a single species such as red alder is required. Non-native invasive species will comprise no more than 10 percent of the emergent layer and none of the shrub or tree layers for any given year. Non-native invasive species include, but are not limited to: Common Name Scientific Name reed canarygrass Phalaris arundinacea Himalayan blackberry Rubus armeniacus evergreen blackberry Rubus laciniatus Canada thistle Cirsium arvense poison hemlock Conium maculatum hedge bindweed Calystegia sepium Scot's broom Cytisus scoprius English ivy Hedera helix Japanese knotweed Polygonum convolvulus tansy ragwort Senecio jacobaea butterfly bush Buddleja davidii Percentages of non-native species that do not meet the above criteria will require strict control methods. Hand pulling is the preferred option and will be the first approach during maintenance. However, if any one area of reed canarygrass, Himalayan blackberry or other undesirable plant exceeds greater than 10 percent cover, the plants will be sprayed with glycophosate or a suitable herbicide by a licensed applicator in the spring and rechecked during the summer and fall seasons, as necessary, until the plant(s) are under control. 5.6 Monitoring, Maintenance & Contingency Plan Monitoring Monitoring shall occur during and after installation and periodically as required during the monitoring period and continue for a period of 5 years or as required by the City of Anacortes. This monitoring is required to assure the success of the mitigation areas. A single monitoring period will consist at a minimum of two on-site reviews (mid spring (April) and early fall (September), or as many site reviews as necessary to record site conditions such as presence of health of plants, estimating percent cover, live plants, and Zeifman -Critical Areas&Mitigation Report,City of Anacortes 12 ATSI—18 March 2015 presence of invasive species. One written report will be prepared per monitoring period. Monitoring reports shall be submitted no later than December 31st of each monitoring year. Monitoring shall occur for years 1, 2, 3, and 5 post-mitigation planting. The Year 1 report shall document site conditions (as discussed above) 1 year post- mitigation planting. Maintenance options and suggested recommendations to maintain the site will be given in the monitoring report. This report will include the as-built drawing of the mitigation areas (see above). Maintenance Maintenance shall occur monthly or as needed throughout the first 3 years after planting. Maintenance includes but is not limited to weeding, watering, and fertilizing if required. Maintenance may be decreased to twice yearly (spring and fall) after 3 years, if it is determined that monthly maintenance is no longer necessary (i.e., the installed plants are vigorous and the invasive and competitive plants have been reduced) by a qualified biologist. Contingency Plan If performance standards are not met, a contingency plan may be necessary in order to accomplish the project goals. A contingency plan will be developed to address the failed portions of the planting plan. Plant mortality is the most likely failure anticipated. Plant attrition can be resolved through evaluation of cause, followed by replacement of the same or more appropriate species. In the event more than 30 percent of the plantings fail by the second year, the site shall be replanted to 100 percent, with improved maintenance and plant protection to ensure plant survival. The applicant shall be responsible for the costs of replanting and plant maintenance and these costs shall be separate from any financial guarantees. Once the reason for failure is determined and corrected, replanting would take place and monitoring would follow the same schedule as the first planting. Possible reasons for failure may include poor quality of the original stock, poor soil, insufficient watering, too much water, herbivory, improper installation, or competition by weedy species. If poor soil quality is determined then the area shall be fertilized. Fertilizer application shall be discussed and determined by a qualified landscaper or biologist preferably by soil testing to determine whether or which soil amendments are necessary or desirable. In the latter case the contingency plan would simply be to continue weeding and planting with native seeds or plants until the native vegetation becomes established. VI. IMPACT ASSESSMENT 6.0 Review of Proposed Project & Mitigation The proposed development is the construction of a 24-foot by 48-foot garage with a concrete slab to connect it to an existing concrete parking pad and driveway to the east (Figure 6). Proposed new impervious surface within the 100-foot shoreline conservancy will be 433 square feet due to the concrete slab connection between the garage and existing concrete parking pad. Proposed new impervious surface outside of the 100-foot shoreline conservancy but within shoreline jurisdiction will be 1 ,291 square feet for the Zeifman-Critical Areas& Mitigation Report, City of Anacortes 13 ATSI—18 March 2015 remainder of the slab connection, the garage itself, and a concrete connection between the garage and asphalt drive to the west (Figure 6). Proposed mitigation for 433 square feet of impervious surface and resulting impacts to habitat within the 100-foot shoreline conservancy is the removal of 749 square feet of impervious surface to the north and replanting it with 749 square feet of pervious lawn habitat, and by the restoration of 446 square feet of native plant dominated riparian habitat in the northern portion of the site for a total of 1 ,195 square feet of replaced habitat. 6.1 Impact Assessment for Existing Critical Areas Existing critical areas within the project site include FEMA Flood Zone, the marine shoreline of Fidalgo Bay, a regulated 100-foot shoreline conservancy and an estuarine pocket wetland. The marine waters of Fidalgo Bay contain listed species and their habitats. Impact Assessment for FEMA Flood Zone AE A FEMA firmette from Panel 80 of 100, (Map Number 5303170080A) indicates that the property occurs within Zone AE with a base flood elevation (BFE) of 7 feet (NAVD). Due to the existing non-conforming armoring along the shoreline, all existing structures occur above the base flood elevation (BFE) and the proposed structure will be constructed above the BFE; therefore, no negative direct impacts are anticipated to occur. Impact Assessment for the Estuarine Pocket Wetland& Setback No fill is proposed for the estuarine wetland and no work is proposed within the 100-foot setback; therefore no direct or indirect impacts will occur. Impact Assessment for Fidalgo Bay Marine Shoreline Functions The City of Anacortes SMP (DR 5.8.3) requires that all impervious surfaces, structures, etc. occur outside of the 100-foot conservancy. The City of Anacortes SMP also requires that all development within shoreline jurisdiction result in a no net loss of shoreline functions. Shoreline ecological functions include, but are not limited to: Fish & Wildlife Habitat (in-water, nearshore & shoreline buffer), Food Chain Support, Water Quality Protection & Enhancement, Erosion Control, Maintenance of Littoral Drift, Flood Storage, Conveyance & Attenuation, Ground Water Recharge and Discharge, Wave Attenuation, Protection from Hazards, Historical and Archaeological and Aesthetic Value protection, Educational Opportunities, and Recreation. Zeifman-Critical Areas&Mitigation Report, City of Anacortes 14 ATSI—18 March 2015 Assessment of No Change (No Losses) in Shoreline Functions: Fish & Wildlife: In-water fish habitat: no in-water work will occur; therefore no changes will occur. Near shore habitat: no nearshore work will occur; therefore no changes will occur. No fill, loss of, or changes to the physical marine shoreline habitat for listed species will occur. Water Quality & Enhancement: No fill is proposed for the estuarine wetland and no work is proposed within the 100-foot setback; therefore no changes will occur. Septic/Sewer pre-and post-development is the same; therefore no changes will occur. Wave Attenuation: no in-water or nearshore work will occur; therefore no changes will occur. Littoral drift: no in-water or nearshore work will occur; therefore no changes will occur. Historical and Archaeological value - No change will occur. Educational & Recreation Opportunities - No changes will occur. Assessment of Potential Impacts (Losses) in Shoreline Functions: Flood Storage, Conveyance & Attenuation; Ground Water Recharge and Discharge; and Fish & Wildlife habitat: • Proposed new impervious surface within the 100-foot shoreline conservancy will be 433 square feet from the concrete connecting slab to an existing concrete parking pad to the east. • Proposed mitigation is to remove a larger amount of impervious area by removing 749 square feet of existing structures in the northern portion of the site and to replant lawn for an overall increase in pervious surface area and non-native habitat regained; • Proposed mitigation is to restore 446 square feet of riparian habitat by removing existing lawn and non-native landscape plants and replanting a native plant dominated habitat in an area not functionally disconnected from the shoreline. • Proposed mitigation will result in a total of 1,195 square feet of replaced habitat. • Due to the mitigation proposed, impacts are anticipated to be insignificant and fully mitigated for. Erosion and sedimentation due to site work and bare soils: • Increases in sediment erosion may occur during/due to vegetation disturbances as the existing structures are removed and lawn is replanted and native plants are installed within the restored riparian habitat area. • BMP's such as silt fencing between the work areas and the shoreline will be implemented and mulch is proposed to be used for all bare soils. • Due to BMP's these impacts are anticipated to be de minimis and temporary/temporal only. Erosion due to increases in stormwater due to increased impervious surfaces occurring from the proposed garage and concrete slab are de minimis as stormwater generated runoff will percolate directly into the surrounding soil. Zeifman -Critical Areas&Mitigation Report, City of Anacortes 15 ATSI—18 March 2015 Pollution due to increased impervious surfaces is not anticipated because the garage will have a roof where no pollutants are anticipated to be generated. Runoff from the new concrete slabs is not anticipated to generate pollutants and will percolate directly into the soil and therefore be filtered. Assessment of Potential Increases (Gains) in Shoreline Functions Fish & Wildlife Habitat: Vegetative species diversity: replacing existing lawn and non-native landscape plants with native vegetation as proposed within the restored riparian habitat area will increase species diversity. LWD habitat & Recruitment: replacing existing lawn and non-native landscape plants with native tree species as proposed within the restored riparian habitat area will increase the future potential for LWD. Snag habitat: replacing existing lawn and non-native landscape plants with native tree species as proposed within the restored riparian habitat area will increase the future potential for snags. Shade: replacing existing lawn and non-native landscape plants with native vegetation as proposed within the restored riparian habitat area will increase shade along the shoreline, Food Chain Support: replacing existing lawn and non-native landscape plants with native vegetation, adjacent to the bulkhead and closer to the shoreline, as proposed within the restored riparian habitat area, will increase natural plant litter and a diversity of food sources closer to the shoreline. Summary Findings Findings: It is our best professional judgment that this project as proposed has achieved a no net loss of shoreline functions due to: • Redesign and minimization of impacts within the 100-foot shoreline conservancy area to 433 square feet of new impervious surface area that will occur in an area already functionally disconnected from the shoreline, • Proposed compensatory mitigation is for the removal of 749 square feet of impervious surface area and replanting of lawn habitat area closer to the shoreline in an area that is not functionally disconnected from the shoreline, • Proposed compensatory mitigation will restore 446 square feet of riparian habitat by replacing existing lawn and non- native landscape plants with native plant dominated habitat closer to the shoreline (for a total of 1,1195 square feet of habitat replaced), • Proposed use of BMP's to reduce temporary/temporal impacts due the proposed project, • Anticipated future net gains in Fish & Wildlife Habitat (increases in vegetation species diversity, LWD, snags,), • Anticipated future net gains in Food Chain Support, and Zeifman-Cntical Areas& Mitigation Report, City of Anacortes 16 ATSI—18 March 2015 • Anticipated future net gains in Shade. 6.2 Assessment ESA Compliance for Priority Habitats and Species Section 7 of the Endangered Species Act (ESA) requires Federal agencies to insure that any action authorized, funded or carried out by them is not likely to jeopardize the continued existence of listed species or modify their critical habitat. The following assessment implements the guidance outlined in the FEMA Region 10, "Regional Guidance for Floodplain Habitat Assessment and Mitigation in the Puget Sound Basin, August 2013." ATSI staff received habitat assessment training from FEMA during their workshops on 17 June 2010 and 1 & 2 March 2011. The City of Anacortes SMP (DR 5.8.3) requires that all impervious surfaces, structures, etc. occur outside of the 100-foot conservancy. The proposed project within said conservancy is to create a connection between the proposed garage and an existing concrete slab. A Washington State Department of Fish and Wildlife (WDFW) report has not been requested for this project area; however, the WDFW maps the following: • Bald Eagle breeding indicated by 2 nests approximately 1,950 feet (0.37 miles) to the northwest and southeast of the project area. Bald Eagle (Haliaeetus leucocephalus) are a federal species of concern and state sensitive species; • Surf smelt breeding along the shoreline. Surf smelt (Hypomesus pretiosus) are not indicated as a threatened, endangered, or sensitive species. • Pacific herring breeding along the shoreline. Pacific herring (Clupea pallasit) is a state candidate species. • Listed Puget Sound Salmonid Species occur within the marine waters of Fidalgo Bay. Impact Assessment& Recommendation for Bald Eagle This project is not anticipated to have any direct or indirect impacts to Bald Eagle due to distance from the project area (-1 ,950 ft./0.33 mile) and the existing proximity of the nests to adjacent urban and commercial areas; therefore a "No Effects (NE)" determination is recommended. Impact Assessment & Recommendation for Surf Smelt & Puget Sound Salmonid Species Our best professional judgment is that this project cannot be determined as a "No Effects (NE)" because, although no construction will occur within marine waters or the immediate shoreline, 433 square feet of new impervious surface and work will occur within the 100-foot shoreline conservancy. However, because mitigation will occur in the form of 749 square feet of impervious surface removed, and a total of 1,195 square feet of habitat will be restored (approximately half of which will be native species closer to the shoreline), and BMP's implemented; ATSI recommends a "Not likely to Adversely Affect (NLAA)" FEMA Zeifman- Critical Areas&Mitigation Report, City of Anacortes 17 ATSI—18 March 2015 determination for this project because potential impacts are anticipated to be insignificant and fully mitigated for. Due to the proposed mitigation, the project will have a no net loss of shoreline functions per the City of Anacortes Shoreline Master Plan. VII. LIMITATIONS We have used the most current, established methods to make determinations as to the location, size, and types of critical areas within the project areas. All of the above statements are based on our best professional judgment. Although we follow the federal, state, and local criteria, we cannot guarantee that the state, federal, or the local jurisdiction determination will correspond to ours. VIII. WORKS CONSULTED City of Anacortes. 15 December 2008. Title 17 —Zoning, Chapter 17.70. Critical Area Regulations. [Accessed 18 September 2013] http://library.municode.com/index.aspx?clientld=16193 City of Anacortes. September 2010 Shoreline Master Program. http://www.cityofanacortes.org/PI an ni ng/Documents/S horel ineM asterPlan/S M P2010/S MP_Final.pdf Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, Miss. Klungland and McArthur. 1989. Soil Survey of Skagit City Area, Washington. U.S.D.A. Soil Conservation Service, Washington State Department of Natural Resources, and Washington State University, Agriculture Research Center. Google Earth+NWI Data. 2014. Ones/Spot Image. Data SIO, NOAA, U.S. Navy, NGA, GEBCO. Image USDA Farm Service Agency. [Accessed June 2014]. Pojar, Jim and MacKinnon, Andy. 1994. Plants of the Pacific Northwest Coast. B.C. Ministry of forests and Lone Pine Publishing. Edmonton, Alberta Canada. Reed, P.B., Jr. 1988. National List of Plant Species that Occur in Wetlands: 1988 Northwest. Biological Report 88 (26.9), U.S. Fish and Wildlife Service, St. Petersburg, Florida. Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture. Web Soil Survey. [Online WWW] Available URL: http://websoilsurvev.nres.usda.00v/ [Accessed June 2014]. Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture. Soil Data Mart. [Online WWW] Available URL: http://soildatamart.nres.usda.00v/ [Accessed June 2014]. Zeifman -Critical Areas&Mitigation Report, City of Anacortes 18 ATSI—18 March 2015 U.S. Army Corps of Engineers. 11 July 2013. North American Digital Flora:National Wetland Plant List. [Online WWW] [Accessed 16 September 2013] Available URL: http://rsgisias.crrel,usace.army.mil/NWPU U.S. Army Corps of Engineers. May 2010. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region, Version 2.0. ERDC/EL TR-10-03. Vicksburg, MS: U.S. Army Engineer Research and Development Center. U.S. Army Corps of Engineers & Cold Regions Research and Engineering Laboratory. 18 May 2012. Western Mountains, Valleys, and Coast Final Draft Ratings. Updated National Wetland Plant List. U.S. Army Corps of Engineers Regulatory Branch, Seattle, Washington. US Fish and Wildlife Service. Wetlands On-line Mapper [Online WWW]. Available URL: httpJ/wdfw.wa.gov/mapping/phs/ [Accessed June 2014]. U.S. Fish and Wildlife Service, 3 March 1997. National List of Vascular Plant Species that Occur in Wetlands: 1996 National Summary. http://www.fws.gov/nwi/bha/list96.html. U.S. Department of Homeland Security. FEMA, Region 10, Regional Guidance for the Puget Sound Basin. August 2013. Regional Guidance for Floodplain Habitat Assessment and Mitigation in the Puget Sound. Washington National Heritage Program. [Online WWW] [Accessed June 2014] www.dnr.wa.govlResearchScience/Topics/NaturalHeritaoe/Pages/amp nh.aspx Zeifman-Critical Areas& Mitigation Report, City of Anacortes 19 ATSI—18 March 2015 I _ PLANNING COMMISSION'S FINDINGS OF FACT, CONCLUSIONS OF LAW, & DECISION: Open-Record Public Hearing Date: Wednesday,June 24, 2015, @ 7:00 PM File Number: SDP-2015-0002 Project Title: Clifford Zeifman, Shoreline Conditional Use Permit(SCUP) Project Location: 4205 Fidalgo Bay Road, Anacortes, WA 98221 Applicant/Landowner: Clifford Zeifman 5120 State highway 6 Riesel,Texas 76682 Agent: Al Taylor Taylor Design Architects P.O. Box 312 Clear Lake, WA 98235 Project Planner: Kevin Cricchio, AICP Associate Planner City of Anacortes 904 6th Street Anacortes, WA 98221 Subject Proposal: The applicant has applied for a Shoreline Conditional-Use Permit (SCUP) to permit the construction of one (1) detached 24 foot long by 48 foot wide garage accessory to an existing residence. Project Location: The site address is 4205 Fidalgo Bay Road,Anacortes, Washington.The subject property(s) is located in a portion of Section 30; Township 35 North; Range 02 East; Willamette Meridian. Subject Parcels: Parcel#: P33200, P33201, & P33202 Existing Land Use: Single family residence Current Zoning&Comp. Plan Designation: Commercial Marine (CM) Zoning District Surrounding Zoning&Land Uses: Direction: oning; Present Land-Use: • North: Commercial Marine Single Family Residential & Fidalgo Bay South: Commercial Marine Fidalgo Bay Road &Tommy Thompson Trail _ East: Commercial Marine Fidalgo Bay West: Commercial Marine Fidalgo Bay Road & SR20 Shoreline Environment/ Designation: Conservancy DRAFT FINDINGS OF FACT: I. GENERAL BACKGROUND: 1.1 Within the CM Zoning District, a single family residence is only permitted by a land use type of Conditional Use Permit. 1.2 The existing single family residence was built in approximately 2004 as permitted by an approved land use Conditional Use Permit, File#: 2001-001 (Exhibit 01). 1.3 A second land use Conditional Use Permit (along with a Shoreline Substantial Development Permit, Shoreline Conditional Use Permit, and Shoreline Variance) was approved by city council to permit a caretaker residence on the subject property, File#: 2006-0001 (Exhibit 02). The caretaker residence however to date has not been constructed. 1.4 Another land use type of Conditional Use Permit for the subject proposal however is not required as the proposed garage is less than 10% of existing land area/coverage per AMC § 17.10.100(F). 1.5 On April 03, 2015, the City of Anacortes' Department of Planning, Community, & Economic Development received the subject Shoreline Conditional Use Permit application from the applicant. 1,6 The subject application was reviewed and deemed incomplete on April 14, 2015. 1.7 Revisions were subsequently submitted to the city for review on April 22, 2015 and April 28, 2015. The subject application was then deemed complete on May 1, 2015, 1,8 The project site is located in the City of Anacortes' Commercial Marine (CM) Zoning District. Planning Commission's Findings of Fact, Conclusions of Law, & Decision Shoreline CUP, (File#:SDP-2015-0002) 2 of 10 Clifford Zeifman 1.9 The applicant proposes to construct a 24 foot long by 48 foot wide detached garage accessory to the existing single-family residence, 1.10 The site plan associated with the proposed improvements is marked as Exhibit 09. 1,11 Additionally, the subject proposal is located within the "Conservancy" shoreline environment/ designation of the City of Anacortes' 2010, Shoreline Master Program. 1.12 Pursuant to AMC Chapter 17.70,the subject development was reviewed for proximity to Critical Areas. The applicant submitted a critical area report prepared by ATSI dated March 18, 2015. According to the report, the property lies within FEMA's Zone AE with a base flood elevation of 7(Panel 80 of 100). Fidalgo Bay bounds the site to the north, south, &east. Although marine waters contain listed species & habitat, the project area is outside the 100-foot shoreline setback for the Conservancy shoreline environment/ designation. To the south of the existing residence along the southern portion of the subject property is located an estuarine pocket wetland that is approximately 40,615 square feet in area.This wetland is a category II wetland. Since no work is proposed within the wetland or the 100-foot shoreline "Conservancy" setback, . no impacts to the wetland are anticipated.Therefore,ATSI did not rate this wetland. According to Washington State Department of Fish and Wildlife's website,two (2) bald eagle nests are located approximately 1,950 feet to the northwest and southeast of the project site. No endangered,threatened, or sensitive Priority Species or Habitats was observed onsite. II. NOTICE OF APPLICATION& PUBLIC HEARING: 2.1 Public notice (Notice of the Application and Public Hearing) is required to be mailed to property owners within 300-feet, posted on-site (along with city hall, at the U.S. Post Office, and at the library) and published in the newspaper pursuant to AMC § 18,16.050 and § 17.62.010, Accordingly, Notice of Application & Public Hearing was published in the Anacortes American newspaper on May 6, 2015. The subject property was posted with Public Notice Signage in three (3) areas on May 1, 2015. Notice was also posted at the library, post office, and city hall on April 30, 2015. Property owners within 300 feet of the project site were mailed Notice of Application and Public Hearing on April 30, 2015. Lastly, agencies /departments of jurisdiction were solicited for comment on April 30,2015. 2.2 Agencies and city departments of jurisdiction have reviewed the application and department recommendations, if any, are incorporated into the recommended Planning Commission's Findings of Fact, Conclusions of Law, & Decision Shoreline CUP, (File#:SDP-2015-0002) 3 of 10 Clifford Zeifman project conditions. All applicable ordinances and standards will apply when the site plan accompanies a Building Permit application. All departments will impose those standards through the Plan Review process. 2.3 The 30-day public comment period for the project's Notice of Application & Public Hearing ended on June 05, 2015. However, comment was accepted up until tonight's open-record public hearing. Any comment(s) received from either agencies & departments of jurisdiction or the public can be referenced in Exhibits 5 and 6 respectively. 2.4 According to AMC § 18.16.100(6)(2) "For each shoreline substantial development/conditional use/variance permit application an open-record public hearing shall be held before the planning commission. For project improvements valued at less than one million dollars on project sites less than three acres in size, the planning commission may approve, approve with conditions, or deny the permit unless an appeal of the planning commission's action is filed." The total cost or fair market value of the project has been estimated to be $145,000 in value and is on less than 3-acres. Therefore, the Planning Commission has decision-making authority for the subject shoreline permit application. 2.5 At the conclusion of the public hearing the Planning Commission deliberated and voted to approve the subject shoreline conditional use permit. III. STATE ENVIRONMENTAL POLICY ACT: 3.1 Single-family residences and appurtenances are exempt from SEPA environmental review pursuant to WAC § 197.11.800(1)(b)(i) and AMC § 18.04.120. IV. SHORELINE MANAGEMENT ACT: 4.1 The subject proposal lies within 200 feet of a shoreline of statewide significance and thus is subject to conformance with Washington State's Shoreline Management Act (RCW 90.58) and the City of Anacortes' 2010, Shoreline Master Program, 4.2 The subject property is located in the "Conservancy" shoreline environment /designation of the 2010, Shoreline Master Program of the City of Anacortes. The proposed garage however is outside of the 100 foot setback requirement of the Conservancy shoreline environment (DR-5.8.3). 4.3 The purpose of the "Conservancy" designation is "intended to protect and restore the public benefits and ecological functions of open space, floodplain, natural areas and other sensitive lands (e.g., valuable historic, educational, or scientific research areas, areas of high scenic value) where they exist within the City, while allowing for a variety of compatible uses. It is the most suitable designation for shoreline areas that possess a specific resource or value that can be protected without excluding or severely restricting all other uses. It should be applied to those areas that would most benefit the public if their existing character is maintained, but which are also able to tolerate limited or carefully planned development or resource use. Permitted uses may include recreational, Planning Commission's Findings of Fact, Conclusions of Law, & Decision Shoreline CUP, (File#:SOP-2015-0002) 4 of 10 Clifford Zeifman cultural, and historic uses provided these activities are in keeping with the goals of protection and restoration as stated herein." 4.4 Today, a "single-family residence" land use within the "CM" Zone and "Conservancy" shoreline environment /designation requires an approved land use type of Conditional Use Permit and Shoreline Conditional Use Permit (SCUP) per AMC § 17.21.040 and Table 5.1 of the Shoreline Master Program. City Council approved a land use type of Conditional Use Permit on October 19, 2001 to construct a residence on the subject property. 4.5 Single-family residences are exempt from obtaining a Shoreline Substantial Development Permit (SSDP) pursuant to WAC 173.27.040(2)(g). 4.6 The subject proposal was reviewed for consistency with Section 8.11 of the Shoreline Master Program regulating "residential development" in the City of Anacortes. 4.7 Maximum permitted height, impervious surface, lot coverage, and setback requirements for the Conservancy Shoreline Environment /Designation and underlying zoning district (CM) will be reviewed at time of building permit application submittal. 4.8 According to Chapter 3.1(D) of the City of Anacortes' Shoreline Master Program, the criteria for granting a Shoreline Conditional Use Permit is the following. A) That the proposed use will be consistent with the policies of RCW 90.58.020 and the policies of the Master Program. STAFF ANALYSIS: The proposed use will be consistent with ROW § 90.58.020 and the-policies of the shoreline master program as described above and conditioned below. B) That the proposed use will not interfere with the normal public use of public shorelines. STAFF ANALYSIS; The construction of a detached garage located on the subject property will not interfere with the normal public use of the shoreline or the Tommy Thompson public trail adjacent to it C) That the proposed use of the site and design of the project will be compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and the shoreline master program. STAFF ANA L YSIS: A single-family residence is located on the subject property that obtained the requisite permits from the City of Anacortes. The proposed detached garage would be accessory to the existing residence—an authorized use. D) That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located. STAFF ANALYSIS: Planning Commission's Findings of Fact, Conclusions of Law, & Decision Shoreline CUP, (File#:SDP-2015-0002) 5 of 10 Clifford Zeifman The addition of a detached garage will not cause adverse effects to the shoreline environment. The applicant proposes mitigation per the critical areas report prepared by ATSI. Any mitigation proposed and/or required will be conditioned below. E) That the public interest will suffer no substantial detrimental effect. STAFF ANALYSIS: The public interest will not suffer substantial detrimental effects by the addition of a detached garage accessory to an existing single-family residence. The proposed mitigation includes riparian habitat restoration area with native vegetation at the northern part of the subject property and removal of a covered deck,trailer, and shed/impervious surface. 4.9 The subject proposal is consistent with the Washington State's Shoreline Management Act and City of Anacortes' 2010, Shoreline Master Program and development regulations listed therein for developments within the "Conservancy" shoreline environment/designation. V. CITY OF ANACORTES COMPREHENSIVE PLAN: 5.1 The following goals from the City of Anacortes'Comprehensive Plan appear to be applicable to the subject proposal: General City Goal 1: Create and maintain a high quality of life and environment that maximizes the opportunity for all citizens to share the social, psychological, physical, and economic benefits of Anacortes /Fidalgo Island; aesthetics and health are key components of quality of life. General City Goal 2: Improve the image of Anacortes as a marine oriented City by encouraging, protecting and enhancing marine views from public places, public access, and marine habitats and resources by encouraging marine water- dependent and water-related businesses and activities. General City Goal 3: Promote compatible land uses and improve visual appearance in each and every zoning district. Tourism Goal 1: Encourage an attractive community in order to increase the City's appeal to visitors and residents alike. Tourism Goal 4: Utilize the shoreline and marine resources of Anacortes to increase tourism while maintaining the quality of the resource. Parks and Recreation Goal 4: Increase the opportunities for public access to and enjoyment of the shorelines of Anacortes. Planning Commission's Findings of Fact, Conclusions of Law, & Decision Shoreline CUP, (File#:SDP-2015-0002) 6 of 10 Clifford Zeifman Conservation Goal 4: Public access to shorelines and tidelands should be maintained, enhanced,and increased. 5.2 The subject proposal is consistent with the goals of the City's Comprehensive Plan listed above, VI. ZONING ORDINANCE/CODE: 6.1 The City's Zoning Map establishes zoning district boundaries and the City Zoning Ordinance establishes (1) the permitted use of land in the various zones, and (2) development standards. 6.2 The subject property is located in the Commercial Marine (CM)Zoning District. 6,3 Pursuant to AMC § 17.21.010, The Commercial Marine (CM) Zoning District is "established in recognition of the unique and irreplaceable nature of certain marine sites within Anacortes, and creates a special commercial district providing for the establishment of such uses as marinas, boat docking facilities, and other commercial enterprises where orientation to navigable waterways and • tourism trade is of prime importance, Uses in this district are intended to serve the needs of marine oriented and tourist activity, and not to create large scape commercial centers providing basic goods and services to the entire community." 6.4 According to AMC § 17.21.040, "single family homes" require an approved land use type of Conditional Use Permit within the Commercial Marine Zoning • District. City Council approved a land use type of Conditional Use Permit on October 19, 2001 to construct a residence on the subject property. 6,5 A second land use Conditional Use Permit (along with a Shoreline Substantial Development Permit, Shoreline Conditional Use Permit, and Shoreline Variance) was approved by City Council to permit a caretaker residence on the subject property, File#: 2006-0001 (Exhibit 021. The caretaker residence however to date has not been constructed. 6,6 Another land use type of Conditional Use Permit however is not required as the proposed garage is less than 10% of existing land area/coverage per AMC, 17.10.100(F). 6.7 The subject proposal is consistent with the above development regulations. The proposed land use is permitted in the underlying zoning district. VII. CONCLUSIONS OF LAW: 7.1 The requirements of the State Environmental Policy Act have been complied • with as the subject proposal is exempt from SEPA environmental review. 7.2 The public notice requirements of the Shoreline Management Act have been complied with. 7.3 The project is consistent with the shoreline designation and general goals, policies and development regulations of the Anacortes Shoreline Master Program, the Shoreline Management Act, the general purposes of the city Planning Commission's Findings of Fact, Conclusions of Law, & Decision Shoreline CUP, (File#;SDP-2015-0002) 7 of 10 Clifford Zeifman comprehensive plan, the city's planning standards and specifications of the zoning ordinance, and other ordinances applicable to the proposal. 7.4 The Planning Commission bases its Findings of Fact, Conclusions of Law& Decision on the entire record, including all testimony and exhibits. Any finding which would be deemed a Conclusion of Law, and any Conclusion of Law which should be deemed a finding is hereby adopted as such. VIII. STAFF RECOMMENDATION: • The Department of Planning, Community, and Economic Development recommend that the subject Shoreline Conditional Use Permit be approved by the Planning Commission subject to the suggested conditions of approval that are listed below, IX. DECISION: Based on the foregoing information and analysis, the environmental documents submitted by the applicant, and the City regulatory authority to implement the policies, standards, and the regulations of the Shoreline Master Plan, Comprehensive Plan, and the Anacortes Municipal Code (AMC), the Planning Commission approves the subject shoreline conditional-use permit subject to the conditions of approval listed below. X. CONDITIONS OF APPROVAL: 1. The scope of the project shall not exceed that as set-out in the shoreline permit application (including attachments), and in accordance with the determinations made and conditions imposed. Exhibit 9 shall be the approved site plan. 2. The project shall comply with all applicable Shoreline Master Program regulations, including but not limited to, Chapter 5, Shoreline Environments & Associated Policies and Regulations, Chapter 6, Environmental Protection General Regulations, Chapter 8, Specific Use Policies and Development Regulations, and Chapter 9 Specific Shoreline Modification Policies and Development Regulations. 3. A building permit(s) with the City of Anacortes' shall be secured prior to work. 4. The applicant shall be responsible for reimbursement to the City for the cost of posting, mailing and publication of the public hearing for this proposal. Payment shall be made prior to building permit issuance. 5. Prior to building permit submittal or approval, the applicant shall submit a landscape plan to the Planning Director for review and approval prepared by a qualified professional showing in detail mitigation proposed utilizing indigenous plants native to Western Washington. All plantings shall be planted and impervious surface removed (covered deck, trailer, and shed) according to the submitted ATSI critical report and site plan (Exhibits 7 & 9 respectively) prior to building permit submittal or approval is given. Planning Commission's Findings of Fact, Conclusions of Law, & Decision Shoreline CUP, (File#: SDP-2015-0002) 8 of 10 Clifford Zeifman 6. The landowner/applicant shall contact the Samish Indian Nation and verify if a Cultural Resource Survey of the subject property is required. If a Cultural Resource Survey is required, compliance with archeological resources requires the hiring of a professional archaeologist who meet the federal standards of the Secretary of the Interior and State Law. The landowner /ap.plicant shall contact the State of Washington's Department of Archaeology and Historic Preservation (DAHP) to initiate the survey. Once the Cultural Resource Survey Report is complete and approved by the DAHP, a copy of the report shall be provided to the City of Anacortes's Department of Planning, Community, and Economic Development. The Cultural Resource Survey Report shall be obtained, reviewed, and approved by the DAHP and Samish Indian Nation before the City of Anacortes's will issue final short plat approval, building permits, land clearing permits,, and/or grade and fill permits 7. if any artifacts or human remains are found upon excavation, the Samish Indian Nation; the City of Anacortes' Department of Planning, Community, & Economic Development; and the State of Washington's Department of Archaeology and Historic Preservation (DAHP) shall be immediately notified and the work in the immediate area cease. Pursuant to RCW § 27.53.060 it is unlawful to destroy any historic or prehistoric archaeological resources. RCW 27.44 and § 27.53.060 require that a person obtain a permit from the Washington State Department of Archaeology and Historic Preservations before excavating, removing, or altering Native American human remains or archaeological resources in Washington. These Findings of Fact, Conclusions of Law, and Decision were adopted by the City of Anacortes' Planning Commission on iA 1 CITY OF ANACORTES, WASHINGTON /4, PLANNING CO IMIS iQ By r Martji Laumbattus, Planning Commission Chair APPEALS: Appeals shall be filed in accordance with AMC § 18,16.100 and/or § 18.16,110, as applicable. Planning Commission's Findings of Fact, Conclusions of Law, & Decision Shoreline CUP, (File#:SDP-2015-0002) 9 of 10 Clifford Zeifman EXHIBITS: EXHIBIT NUMBER: NAME OF EXHIBIT: Exhibit#1 Conditional Use Permit for single--fam lyresidence,File#:.2001-001 Exhibit#2 Conditional Use Permit for caretaker residence, File#: 2006-0001 _ Exh:ibit#3 , .Project Narrative &1ARPA application Exhibit#4 Notice of Application & Public Hearing Exhibit#5 Agency& Department Comments Received - _ Exhibit#6 Public Comments Received Exhibit#7 ATSI Critical Area Report - Exhibit#8 , City of Anacortes' GIS &Assessor's Info Exhibit#9 Site Plan Planning Commission's Findings of Fact, Conclusions of Law, & Decision Shoreline CUP, (File#:SDP-2015-0002) 10 of 10 Clifford Zeifman Draft -.Planning Commission Meeting Minutes for June 24, 2015 Chair Laumbattus called the June 24, 2015 meeting order at approximately 7 p.m. Roll Call Members Present: Commissioners Laumbattus, Pollard, Hanson, Oppel, McNett & Farnsworth. Absent: Pollard and Rhoades Minutes Minutes of May 27, 2015 were approved as written. Correspondence There was no correspondence. New Business Public Hearing: Shoreline Conditional Use Permit, Clifford Zeifman (Discussion/Possible Action) The Chair, Mr. Laumbattus, introduced the proposed Shoreline Conditional Use Permit to construct a 24 foot long by 48 foot long detached garage located at 4205 Fidalgo Bay Road. Mr. Kevin Cricchio, Associate Planner, presented an overhead drawing explained the proposed Shoreline Conditional use permit to construct a 24x48 detached garage. The Property is located in the Commercial Marine zoning district. To the north, south, east and west is the Commercial Marine zoning as well. The Existing land use on the subject property is single family residence, which was built in approximately 2004 and was permitted by an approved conditional use permit. A second conditional use permit was also sought, along with a shoreline substantial development permit, shoreline conditional use permit and shoreline variance, which was approved by City Council on March 9, 2006 to permit a detached caretakers residence. However, the detached caretaker's residence was never built. The proposed detached garage lies within 200 feet of the shoreline and is located outside the 100 foot setback requirements of the "Conservancy" shoreline. No impacts to the existing wetlands are anticipated. There is mitigation proposed by the applicant, which includes the removal of a covered deck, shed and trailer and replanting the area along with replanting a portion of the northern site. These plantings would include native vegetation endituous to Western Washington. Mr. Cricchio stated that this application is exempt from the SEPA environmental review. 1lPage 20150524 pc minutes Mr. Circchio stated that staff recommends to the Planning Commission approval be granted subject to the seven (7) adjusted conditions listed in the findings of fact. The Chair, opened the hearing to take public testimony. Mr. Al Taylor, the architect, explained that the removal of the RV storage covered area will be removed and the • area will be replanted to reduce impervious area as part of mitigating for the new garage space. There were no further comments from the audience so the Chair closed the public hearing. Commissioner Oppel, asked what the height of the garage will be in comparison to the height of the existing home. Mr. Don Measamer, Planning Director, clarified that maximum height of a garage cannot exceed 16 feet from the original average topography. The Planning Commission made a motion to approve Shoreline Conditional Use permit (SDP-2015-0002) as presented subject to the additional seven (7) staff conditions. Commissioner McNett made the motion, seconded by Commissioner Oppel and passed unanimously. 2014 Comprehensive Plan Amendment Cycle Request (Evergreen Islands) (Discussion) Mr. Measamer introduced the new Assistant City Attorney, Darcy Swetnam. She will be attending the Planning Commission meetings on,a regular basis, Ms. Libby Grage prepared a slide show to the Commissioners. 21Page 20150524 pc minutes f STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Bellingham Field Office o 1440 10th Street,Ste 102 Bellingham, WA 98225 June 30, 2015 (360) 715-5200 s FAX(360) 715 5125 .b Al Taylor Taylor Design Architects P,O.Box 312 Clear Lake,WA 98225 Re: City of Anacortes Permit SDP-2015-0002 Clifford Zeifxnan- Applicant Ecology Project ID Number 2876 Dear Mr. Taylor: On June 29, 2015, the Department of Ecology(Ecology)received the City of Anacortes decision on your shoreline conditional use permit for construction of a garage associated with a single family residence on Fidalgo Bay. By law,Ecology-must review conditional use permits for compliance with: • The Shoreline Management Act(Chapter 90.58 RCW) • Ecology's conditional use permit approval criteria(Chapter 173-27-160 WAC) • The Local Shoreline Master Program After reviewing conditional use permits for compliance, Ecology must decide whether to approve, approve with conditions,or disapprove them. Our Decision: Ecology approves your conditional use permit provided your project complies with the conditions required by the City of Anacortes. What Happens Next? Before you begin activities authorized by this permit,the law requires you to wait at least 21 days from the date this letter was mailed, the"date of filing." This waiting period allows anyone (including you)who disagrees with any aspect of this permit, to appeal the decision to the state Shorelines Hearings Board. If no appeal is submitted, the shoreline permit will be effective on July 22, 2015, Please note,however,that other federal, state, and local permits may be required in addition to this shoreline permit. Zeifman Garage June 30,2015 Page 2 of 2 The Shorelines Hearings Board will notify you by letter if they receive an appeal. We recommend you contact the Shorelines Hearings Board before you begin permit activities to ensure no appeal has been received. They can be reached at(360) 664-9160 or http://www.eho.wa,gov, If you want to appeal this decision,you can find appeal instructions (Chapter 461-08 WAC) at the Shorelines Hearings Board website above, They are also posted on the website of the Washington State Legislature at http://apps.leg.wa.gov/wac/default.aspx?cite-461-08. If y u have any questions, please contact Bob Fritzen at(360) 715-5207 or b .pritzen@ecy.wa.gov. 4 Dou 1A I1en Man ger cc: Kevin Cricchio, City of Anacortes C Cityof Anacortes Invoice/Permit#: BLD-2015-0384 904 6th Street Applied date: 08/04/2015 P.O.Box 547 Issue date: 08/04/2015 '001 Anacortes, WA 98221-0547 -7r Expire date: 01/30/2017 (360) 293-1901 COIL Job Address: 4205 FIDALGO BAY RD Permit Type: Single Family Alteration/Repair Permit ANACORTES WA 98221-8355 Project: _ APN: P33202 P33042 Remarks: New detached garage. Owner: CLIFFORD ZEIFMAN Contractor: Address: 5120 STATE HIGHWAY 6 Address: RIESEL TX 76682-3792 Phone: Phone: License#: General Information: Fees: Building Valuation 50000 Building Permit Fee 644.25 Garage Square Footage 1152 Plan Review Fee 418.76 State Building Code Fee 4.50 Total Calculated: 1,067.51 Deposits/Receipts: 0.00 Total Due: 1,067.51 THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 180 DAYS AT ANY TIME AFTER WORK IS COMMENCED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT.ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT, THE GRANT G OF A PEWIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL Vy REGULF V NG CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. I MLA SIGNA1LJRE\OF OWNER OR AUTHORIZED AGENT ISSUED BY 4205 FIDALGO BAY RD CRITICAL AREAS REVIEW & PROPOSED MITIGATION REPORT CITY OF ANACORTES, WA 18 March 2015 MAR 1 9 2015 :. L I LJ Prepared for: Clifford Zeifman 5120 State Highway 6 Riesel, TX 66682 Prepared by: Aqua-Terr Systems, Inc. 21993 Grip Road Sedro-Woolley, WA 98284 Phone: (360) 856-21 Fax: (36Q) 856-5238 E-mail: atsi@fidalgo.net AquaTerrSystemslnc.com ATSI Ayala-Terr Systems, Inc. 4205 FIDALGO BAY RD CRITICAL AREAS REVIEW & PROPOSED MITIGATION REPORT CITY OF ANACORTES, WA 18 March 2015 Prepared for: Clifford Zeifman 5120 State Highway 6 Riesel, TX 66682 Prepared by: Jim Wiggins, MS, PWS Janet Cray, BA, PWS President Associate Biologist Aqua-Terr Systems, Inc. 21993 Grip Road Sedro-Woolley, WA 98284 Phone: ( ) 8 2l39 Fax: (360) 856 52. E-mail: atsi@fidalgo.net AquaTerrSystemslnc.com TABLE OF CONTENTS LXICL TyE L1MMARI_ 1 �. IN'n ODUC I1ON 2 ll.METHODSAND PROCEDURES 2 2.0 RewulkItnrv, yge lgies 2 I Preliminacy Anv 3 2.2 Pei scrin..if 3 2.3 Wetland ldeittifi .aLion 4 JTI. MTV DF CRIvrION 4 3.0 General Existing f:onctitionS 4 1.1 Critical Are 5 3.2 City of A m c o r€ s CAO a i% 5 3.3 NWI t1fiap. Hixt[iric Aerial PhotorEraohs 5 3.4 Yracia i 6 SQL 6 3,6 I-lydrol }. 6 3,7 I rioriW Species,Finbitgts, Wildlife 6 1,8 Wulato aligordu 7 IV, PRC) QSED PROJEC1 9 V.PROPOSED MEnGATlON 9 5-0 Mitivaiion Denting 9 5,1 Proposed 11+1itiptien 10 5.2 Site Prcparatioli 10 5_3 Plant pa I12r1 10 .4 Quality(onlrol&Ass-Built 11 PerfurntamOjgridada 11 5.6 Moniloritl . Majnivaancg &.Contin 12 VJ, IMPACT ASSESSMENT 13 6.0 Review crf t}r 13 6,1 Impact Asses5lrmerj for l istiilg Critical Areas 14 l ggsslnent ESA Coma r Priority HAbitats and Sissias 17 Iz a illy I, TION S 18 V III, WORKS CONSULTED 18 LIST OF FIGURES Figure 1. Vicinity Map Figure 2. Aerial Photograph Figure 3. Existing Conditions Map Figure 3a. Existing Conditions Map (Enlarged View) Figure 4. National Wetlands Inventory (NWI) Map Figure 5. Natural Resources Conservation Service (NRCS) Soil Map Figure 6. Proposed Conditions Figure 7. Proposed Mitigation LIST OF ATTACHMENTS Figures Zeifman-Critical Areas&Mitigation Report, City of Anacortes ATSI-18 March 2015 EXECUTIVE SUMMARY Aqua-Teri Systems Incorporated, (ATSI) was contracted to review an approximately 5acre upland portion of parcel numbers 33200 and 33202, hereinafter referred to as the "project area", for the proposed addition of a garage at 4205 Fidalgo Bay Road, within the City of Anacortes, WA. The entire project area is within the 200-foot shoreline jurisdiction. At our 8 December 2014 site reconnaissance, ATSI observed a FEMA Flood Zone, the marine shoreline of Fidalgo Bay, a regulated 100-foot shoreline conservancy, and an estuarine pocket wetland. Habitats within the project area include the open lawn, the marine waters of Fidalgo Bay, and the estuarine waters in the pocket wetland. The marine waters provide habitat for many avian, mammal, and aquatic species, some of which are ESA listed. Existing non-native lawn does not generally provide quality habitat or shoreline functions; however, in extreme storm events it has the ability to provide refugia and food source functions for the avian, mammal, or aquatic species associated with the adjacent marine waters. The proposed development is the construction of a 24-foot by 48-foot garage with a concrete slab to connect it to an existing concrete parking pad and driveway to the east. Proposed new impervious surface within the 100foot shoreline conservancy will be 433 square feet due to the concrete slab connection between the garage and existing concrete parking pad. This constructed entry into the garage is necessary as it is not possible to turn into the garage from the narrow asphalt road to the west. Proposed new impervious surface outside of the 100-foot shoreline conservancy but within shoreline jurisdiction will be 1,291 square feet for the remainder of the slab connection, the garage itself, and a concrete connection between the garage and asphalt drive to the west. Mitigation for the proposed impervious material and impact to habitat within the 100-foot shoreline conservancy will be mitigated for by the removal of 749 square feet of impervious surface to the north and replanting it with 749 square feet of pervious lawn habitat and by the restoration of 446 square feet of native plant dominated riparian habitat in the northern portion of the site for a total of 1,195 square feet of replaced habitat. Per the City of Anacortes Shoreline Master Plan, it is our best professional judgment that this project as proposed has achieved a no net loss of shoreline functions due to the combination of redesign, minimization of impacts within the 100foot shoreline conservancy, and the proposed mitigation. The proposed impact of 433 square feet of new impervious surface will occur in an area that is functionally disconnected from the shoreline by an existing concrete parking pad. The proposed compensatory mitigation is for the removal of a greater amount (749 square feet) of impervious surface material, replanted with lawn, and for the restoration of (446 square feet) native riparian habitat adjacent and functionally connected to the shoreline. Additionally BMP's will reduce temporary/temporal shoreline impacts and net gains are anticipated in Fish & Wildlife Habitat (increases in vegetation species diversity, LWD, snags, etc.), Food Chain Support, and Shade from the proposed restoration of native trees and shrubs. As per FEMA guidelines, all existing structures are, and the proposed structures will occur, above the base flood elevation. Our best professional judgment is that this project cannot be determined as a "No Effects (NE)" because, although no construction will occur within marine waters or the immediate shoreline, 433 square feet of new impervious surface and work will occur within the 100foot shoreline conservancy. However, because mitigation will occur in the form of 749 square feet of impervious surface removed, and a total of 1,195 square feet of habitat will be restored (approximately half of which will be native species closer to the shoreline), and BMP's implemented; ATSI recommends a "Not likely to Adversely Affect (NLAA)" FEMA determination for this project because potential impacts are anticipated to be insignificant and fully mitigated for. I. INTRODUCTION Aqua-Terr Systems Incorporated, (ATSI) was contracted to review an approximately 5acre upland portion of parcel numbers 33200 and 33202, hereinafter referred to as the "project area", for the proposed addition of a garage at 4205 Fidalgo Bay Road, within the City of Anacortes, WA, within a portion of Section 30, Township 35 North, Range 2 East, W.M. (Figures 1 to 3). The purpose of this report is to assess the presence, location, and extent of wetlands, streams, shorelines and other biological critical areas including fish and wildlife habitat and their regulated buffers under the jurisdiction of the City of Anacortes, the Washington State Department of Ecology (Ecology), and the U.S. Army Corps of Engineers (Corps) that are located within or adjacent to the project area. II. METHODS AND PROCEDURES 2.0 Regulatory Agencies City, state and federal governments regulate critical areas on and adjacent to the project area. The City of Anacortes regulates all activities in and around wetlands, streams, and other critical areas such as species of local concern through Chapter 17.70 of the City of Anacortes Municipal Code (AMC) Critical Area Regulations. Marine shoreline vegetation is regulated in Section 17.70.580. Classification of critical areas and their associated buffers follow the criteria outlined within this code. Shorelines are regulated through the Chapter 18.16 of the City of Anacortes Shoreline Master Program (SMP). The Federal Emergency Management Agency (FEMA) regulates floodplain management practices and assists communities in meeting the requirements of the Endangered Species Act (ESA). The US Army Corps of Engineers (Corps), through Section 404 of the Clean Water Act, has the authority to regulate the placement of fill materials in wetlands and other waters of the United States and requires permits for such activities. The Department of Ecology (Ecology) regulates all wetlands (RCW 90.48). Specific references to these agencies and applicable code requirements are described in further detail below. 2.1 Preliminary Analysis ATSI uses a two-step procedure to determine the presence and extent of wetlands, streams, habitat, and other biological critical areas within and adjacent to a project area. This procedure includes preliminary data review and on-site reconnaissance in which a qualitative analysis of biota and habitats is performed. The goal of this analysis and site review is to describe the biological aspects within and adjacent to a project area in order to provide sufficient information for the client and regulating agency to make informed decisions regarding these features. The preliminary review of public resource documents is used to provide initial information on vegetation, soil, and hydrology and other critical areas within and adjacent to a project area. These resources include, but are not limited to: • USDA Natural Resource Conservation Service (NRCS) soil surveys, • NRCS hydric soil list, • National Wetland Inventory (NWI) maps, • Local jurisdiction inventory maps, • Local jurisdiction Shoreline Master Program (SMP), and • Local jurisdiction Critical Area Ordinances (CAO). During an on-site reconnaissance, the general terrain is observed, a project area is traversed, and visual observations are made on areas adjacent to a project area to identify wetlands, shorelines and other critical areas. Aerial photographs, soil data, and topographic maps are used for orientation and to assist in locating wetlands, shorelines, streams, and other unique or critical habitats. Data on topography, dominant communities of vegetation, soil, and hydrology are collected and recorded. An on-site reconnaissance was conducted on 8 December 2014. As the site is a constructed residence with a lawn and minimal native vegetation, specific sample plot data were not collected. 2.2 Personnel The on-site reconnaissance was conducted and this report prepared by ATSI Associate Biologist, Janet Cray BA, PWS and ATSI Principal, Jim Wiggins MS, PWS. Additionally Ms. Karla Van Leaven, BS, PWS was at the on-site reconnaissance. All ATSI staff are Professional Wetland Scientists (PWS) certified through the Society of Wetland Scientists Professional Certification Program. Mr. Wiggins has a Master of Science (MS) Degree and has been practicing as a biologist since 1988. Ms. Cray has a Bachelor of Arts (BA) degree and has been practicing as a professional biologist since 2006. Ms. Van Leaven has a Bachelor of Science (BS) degree and has been practicing as a professional biologist since 2008. ATSI staff received habitat assessment training from FEMA during their workshops on 17 June 2010 and 1 and 2 March 2011. All ATSI staff have completed the training for the Department of Ecology wetland rating system, identification of the ordinary high water mark (OHWM) and other biologically pertinent courses and workshops. 2.3 Wetland Identification Any wetlands identified and referred to in this report follow the Corps definition: "...those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions (Environmental Laboratory 1987). All wetlands are identified based on the presence of indicators for hydrophytic vegetation, hydric soils, and wetland hydrology as described in the Corps, Wetland Delineation Manual (Environmental Laboratory 1987); and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Corps 2010). All three parameters must be present for an area to be considered a jurisdictional wetland under normal circumstances. Atypical situations and problem areas are treated per the Corps and state manuals. III. SITE DESCRIPTION 3.0 General Existing Conditions The approximate 5-acre project area is located at 4205 Fidalgo Bay Road within the City of Anacortes, WA (Figures 1 to 3). Land use in the vicinity of the project area consists of Fidalgo Bay Road, single family residential, the Tommy Thompson Trail, and State Route 20 Spur (SR-20) to the west; Fidalgo Bay, and an RV park to the south and southeast; and Fidalgo Bay to the east (Figure 4). The entire project area lies within the 200-foot shoreline jurisdiction. Improvements on the site include existing non-conforming structures within the 100-foot shoreline conservancy, such as rip-rap shoreline armoring along the eastern boundary; an asphalt driveway, shed, and trailer with a covered deck at the north end (Figure 3), and an asphalt drive, residence, concrete pad and shed at the southern end (Figure 3a). Existing structures that occur outside of the 100-foot shoreline conservancy include the remainder of the asphalt driveway, septic tanks, a valve box, a control panel, a concrete pad, a shed, and a fence along the western boundary (Figure 3a). Vegetation within the project area is primarily non-native lawn and ornamental landscape plants; however, native plants occur within the buffer of the estuarine pocket wetland in the southern portion of the site and a few native trees were observed planted in a landscape strip adjacent to the bulkhead (Figure 2). Topography within the project area is relatively level with the shoreline armoring constructed between 11 to 15 feet in elevation and the residence constructed from 14 to 14.5 feet in elevation (Figures 3 and 3a). 3.1 Critical Areas At our 8 December 2014 site reconnaissance, ATSI observed a FEMA Flood Zone, the marine shoreline of Fidalgo Bay, a 100-foot shoreline conservancy, and an estuarine pocket wetland. The marine waters of Fidalgo Bay contain listed species and their habitats. FEMA Flood Zone AFEMA firmette from Panel 80 of 100, (Map Number 5303 I70080A)indicates that the property occurs within Zone AE with a base flood elevation of 7 (NAVD)(Figure 3). Fidalgo Bay& 200-foot Shoreline Jurisdiction Fidalgo Bay bounds the site to the north, east, and southeast. The marine waters of Fidalgo Bay contain listed species and their habitats. The project area is within the 200foot shoreline jurisdiction of the City of Anacortes and has a 100-foot shoreline conservancy (Figures 3 and 3 a). Estuarine Pocket Wetland City of Anacortes CAO maps indicate that this wetland is a Category II wetland, approximately 40,615 square feet in size. As no work was proposed in the wetland or 100-foot shoreline conservancy setback, and therefore no direct impacts are anticipated, we did not rate this wetland. 3.2 City of Anacortes CAO Maps In addition to the estuarine pocket wetland noted above, the City of Anacortes CAO maps indicate a Bald Eagle nest between SR-20 and Fidalgo Bay Road to the north at the southern boundary of the residential area, and it indicates another Bald Eagle nest to the south near the RV park and the Tommy Thompson Trail. We concur with this mapping. 3.3 NWI Map & Historic Aerial Photographs The National Wetland Inventory (NWI) map indicates that the project area is encompassed by a forested wetland (Figure 4). We do not concur with this assessment as we did not observe forested wetland characteristics on the site and we observed a pocket estuarine wetland in the southern portion of the site. ATSI assisted the former landowner during the construction of the home sometime between 1998 and 2004. At that time there were no indications of forested wetlands on the site and use of the site included a relic log dump and barge loading area. ATSI reviewed historic aerial photographs from Skagit I-Map to determine if any inundated areas were evident historically. A 1969 aerial photograph indicates that the site was cleared sometime prior to 1969, and the estuarine pocket wetland appears to be in its current location; however, no additional indications of inundation can be seen in the photograph. In 1998 the site appears as a coniferous forest and the pocket wetland is less apparent and appears disturbed (wetlands further to the south have been filled in and are now covered with the RV park). In the 2004 aerial, the site has again been • cleared and a house, lawn, and the pocket wetland are evident and in their current locations. No additional indications of inundation were seen in any of the photographs. • 3.4 Vegetation Vegetation within the project area is primarily lawn and non-native ornamental trees and shrubs; however, there is a 10-foot, barked strip of landscaping adjacent to the bulkhead (shoreline armoring). Although this strip primarily contains non-native ground cover, it includes some red alder (Alnus rubra; FAC) and big leaf maple (Acer macrophyllum; FACU) at an approximately 60-foot spacing (Figure 2). 3.5 Soils Mapped NRCS Soils The NRCS maps one soil unit within the project area: 165-Xerorthents, 0 to 5 percent slopes (Figure 5)(Soil Survey Staff; Web Soil Survey), Xerorthents is not listed as a hydric soil (Soil Survey Staff; Soil Data Mart). Excerpts of the NRCS descriptions for each are as follows (Klungrnan): 165-Xerorthents, 0 to 5 percent slopes. This map unit is on hills and flood plains. Areas are irregular in shape and are 5 to 40 acres in size. The native vegetation has been removed from the soils in this unit. Elevation is 5 to 250 feet, The average annual precipitation is about 30 inches, the average annual air temperature is about 50 degrees F, and the average frost-free season is 160 to 200 days. This unit consists of areas where the surface layer and subsoil have been highly disturbed, removed, and replaced with other soil material. Texture and depth are highly variable within short distances. included in this unit are small areas of Bow soils on glaciated remnant terraces and Xerofluvents on flood plains. Also included are small areas of soils that are covered with sawdust and other wood wastes. Permeability, available water capacity, effective rooting depth, surface runoff, and the hazard of erosion are highly variable. They are dependent on the amount of disturbance and cutting or filling of the soil, In some areas a seasonal high water table is at a depth of more than 24 inches from November to March. This unit is used mainly for log landings and unpaved parking areas. It is also used as fill sites and athletic fields. This map unit is in capability subclass VIIs. 3.6 Hydrology The dominant source of hydrology in the project area is from direct precipitation. Ditches along Fidalgo Bay Road and storm water conveyance systems disrupt surface water runoff from upslope areas. 3.7 Priority Species, Habitats, Wildlife Priority Species We did not observe endangered, threatened, or sensitive plant or animal species regulated by the City of Anacortes, Washington State, or the federal government within the project area. At our 8 December 2014 reconnaissance, we identified Fidalgo Bay adjacent to the project area to the north, east, and southeast. Listed species occur within the marine waters of Fidalgo Bay. The Washington Natural Heritage Program does not document this section, township, and range as containing Natural Heritage Features (WNHP 2015). A Washington State Department of Fish and Wildlife (WDFW) report has not been requested for this project area; however, WDFW online sources map the following: • 2 Bald Eagle nests approximately 1,950 feet (0.37 miles) to the northwest and southeast of the project area. Bald Eagle (Haliaeetus leucocephalus) are a federal species of concern and state sensitive species; • Surf smelt breeding along the shoreline. Surf smelt (Hypomesus pretiosus) are not indicated as a threatened, endangered, or sensitive species. • Pacific herring breeding along the shoreline. Pacific herring (Clupea pallasii) is a state candidate species. • Both surf smelt and Pacific herring are forage fish for listed salmonids. Habitats & Wildlife Habitats within the project area include the open lawn, the marine waters of Fidalgo Bay, and the estuarine waters in the pocket wetland. Wildlife that use the open lawn areas are primarily passerine birds and small mammals such as rabbits. The marine waters provide habitat for many avian, mammal, and aquatic species, some of which are ESA listed. While the existing non-native lawn does not generally provide quality habitat or shoreline functions, in extreme storm events it has the ability to provide refugia and food source functions for the avian, mammal, or aquatic species associated with the adjacent marine waters. 3.8 Regulatory Agencies City, state and federal governments regulate critical areas on and adjacent to the project area. Local Regulatory Agency & Code The City of Anacortes regulates all activities in and around wetlands, streams, and other critical areas such as species of local concern through the City of Anacortes Municipal Code (AMC) Critical Areas Regulation (AMC Chapter 17.70). Classification of critical areas and their associated buffers follow the criteria outlined within this code. Code pertaining to existing non-conforming structures states that no such structure or use shall be expanded, changed, enlarged, or altered in any way that increases its nonconforming character relative to the provisions of this chapter without securing a conditional use permit (except as specifically authorized for the State Ferry Terminal or ; Shannon Point Marine Center (17.70.500)). Shorelines are regulated through the Shoreline Master Program which regulates all "development" (AMC Chapter 18.16). The Anacortes Shoreline Jurisdiction includes the waters within the City limits, the land underlying them, and all lands extending 200 feet in all directions as measured on a horizontal plane from the OHWM. Marine shoreline vegetation code requires landscaping for development or redevelopment projects (AMC 17.70.580). Where portions of already-developed sites are proposed to be redeveloped, planting beds for marine shoreline vegetation shall only be required for those portions of the site actually abutting the shoreline. Planting beds shall be a minimum 6-foot wide by 10-foot long strip of land (e.g. 60 square feet) lying within and along the fifteen-foot wide strip of land immediately landward of the ordinary high water (OHW) for unarmored shorelines or the landward edge of the existing shoreline armoring. For new development projects the total minimum linear footage along the shoreline shall be 50 percent of the project's shoreline length and 25 percent for redevelopment of already-developed project sites. It should specify (a) particular species of salt-tolerant riparian vegetation and a minimum of 5 years monitoring. The criteria for success shall specify a minimum 80 percent survival rate of riparian vegetation and a minimum of 50 percent cover of riparian vegetation 4 feet tall or taller. Federal& State Agencies The Federal Emergency Management Agency (FEMA) regulates floodplain management practices and assists communities in meeting the requirements of the Endangered Species Act (ESA). Section 7 of the Endangered Species Act (ESA) requires Federal agencies to insure that any action authorized, funded or carried out by them is not likely to jeopardize the continued existence of listed species or modify their critical habitat. Habitat assessments may be required and should implement the guidance outlined in the FEMA Region 10, "Regional Guidance for Floodplain Habitat Assessment and Mitigation in the Puget Sound Basin, August 2013." The Corps requires notification of all disturbances to all wetlands, streams, and other waters and it is incumbent upon the landowner to disclose such disturbances. Isolated wetlands are not under the jurisdiction of the Corps, but the Corps must confirm isolated wetland status. Ecology and the Environmental Protection Agency require a 401 water quality certification for disturbance of wetlands depending upon the type of project and for disturbance of wetlands 0.5-acre or greater. Ecology regulates all wetlands (RCW 90.48). Any disturbance of a wetland area 0.5 acre or greater, or within a 100-year floodplain requires an Individual Permit from the Corps which includes the requirement of compensatory mitigation and an alternatives analysis. The Corps also has the discretion not to allow disturbance to high quality wetlands. Both Ecology and the Corps require certification that no listed, endangered, threatened, or sensitive plant or animal species, or National Historic Places are present on the subject parcel. IV. PROPOSED PROJECT The proposed development is the construction of a 24-foot by 48-foot garage with a concrete slab to connect it to an existing concrete parking pad and driveway to the east (Figure 6). Proposed new impervious surface within the 100foot shoreline conservancy will be 433 square feet due to the concrete slab connection between the garage and existing concrete parking pad. Proposed new impervious surface outside of the 100-foot shoreline conservancy but within shoreline jurisdiction will be 1,291 square feet for the remainder of the slab connection, the garage itself, and a concrete connection between the garage and asphalt drive to the west (Figure 6). V. PROPOSED MITIGATION 5.0 Mitigation Sequencing 1, Avoidance (Figures 6 and 7): o Avoidance of Fidalgo Bay and the nearshore environment has been achieved as no inwater or nearshore work is proposed. a Avoidance of the estuarine wetland and its setback was achieved by redesigning the project to move the garage away from the initial proposed location on top of an existing concrete pad closer to the residence which was within the setback of the estuarine wetland. o Avoidance of the entire 100-foot shoreline conservancy was not practicable due to safety concerns and a wider required turning radius as it is not possible to turn into the proposed garage from the narrow asphalt drive to the west. Therefore, entry into the garage is proposed to occur from the existing concrete parking pad to the east via a 4-inch concrete slab connection (Figure 6). 2. Minimization: o Impacts to the 100-foot shoreline conservancy have been minimized to the maximum extent practicable by locating the proposed garage completely outside of the 100foot setback. o Impacts to the 100-foot shoreline conservancy have been reduced to 433 square feet for the concrete slab connection between the existing concrete parking pad and the proposed garage (Figure 6). This location is functionally disconnected from the shoreline by the existing concrete parking pad and existing shoreline functions are already impacted (Figure 6). 3. Rectifying/restoring: The proposed compensatory mitigation is for the removal an equal or larger amount of impervious surface material and the restoration of and equal or larger amount of riparian habitat within alternative areas that are closer to the shoreline and not functionally disconnected (Figure 7). 4. Reducing/eliminating the impact over time: n/a. 5. Compensating: The proposed impervious material and impact to habitat within the 100-foot shoreline conservancy will be mitigated for by the removal of 749 square feet of impervious surface to the north and replanting it with 749 square feet of pervious lawn habitat, and by the restoration of 446 square feet of native plant dominated riparian habitat in the northern portion of the site for a total of 1,195 square feet of replaced habitat (Figure 7). 6. Our rationale for allowing for the shoreline alteration at this location is: • The proposed design holds the least impacts to the least number of critical areas, • The impervious surface and impacts are proposed for a location that is functionally disconnected from the shoreline where existing functions are already negatively impacted, and, • Compensatory mitigation for impervious surface area can be provided in an alternate location that is not disconnected from the shoreline, and an additional habitat area can be created closer to the shoreline where shoreline functions may be restored via the removal of non-native lawn and landscape vegetation and replanting with native species. (A more detailed assessment of shoreline functions and impacts is provided below). 5.1 Proposed Mitigation Proposed mitigation for 433 square feet of impervious surface and resulting impacts to habitat within the 100-foot shoreline conservancy is to (Figure 7): 1. Remove 749 square feet of existing impervious material and replant 749 square feet of pervious lawn habitat in the northern portion of the site, and 2. Restore 446 square feet of riparian habitat by removing the existing lawn and non-native landscape plants and replacing them with native plant- dominated habitat closer to the shoreline at the northern property boundary. 5.2 Site Preparation The area proposed for in the removal of 749 square feet of impervious surface and replanting with lawn will not require biologic recommendations or monitoring; therefore, it is not discussed in further detail within this report. The restored riparian habitat area at the northern portion of the project area will need to be prepared prior to planting. A minimum of 12 inches of clean topsoil shall be placed prior to plant installation if topsoil does not occur in this location. If the topsoil has been compacted, the topsoil shall be rototilled prior to plant installation. If soil has not been disturbed, then no additional soil preparation is required other than as described below within the planting plan. 5.3 Planting Plan The restored riparian habitat area will be planted with the native herbaceous, shrub, and tree species listed in Table 1. Any variation from the listed species in Table 1 shall be under the direction of a qualified biologist. Only plant species native to the region will be planted within the enhancement area. All plants will be planted in topsoil. Planting should occur in February or during the wet season the following year post site preparation or as appropriate for planting success and site access. Plant stock will be from a local native plant nursery. Plants shall be free of disease and healthy to improve transplant survival. Planting holes shall be twice as wide and twice as deep as the plant root size. Planting holes may be amended with soil microbes if deemed necessary by the landscape/plant installer to ensure plant survival. All trees and shrubs will have plant protectors and staked if necessary. Mulch (4 inches of weed free chipped deciduous wood) will be placed around the plantings and on all bare soils to decrease the potential for sedimentation or erosion occurring near the shoreline and to provide cover to retain moisture and reduce weed species competition. Trees shall be planted 10-feet on center in the appropriate locations (within sunlight and hydrological conditions the plants will tolerate)(Table 1). For example, the 100-foot conservancy has been primarily cleared; therefore, only sapling species that can tolerate dryer upland soils in partial to full sun conditions (e.g. shore pine and maple) should be installed within these locations. All trees shall be bare root or potted and not less than 24 inches tall (1-gallon size or equivalent). Shrubs shall be planted at 3 feet on center in the appropriate locations (e.g. sunlight and hydrological conditions the plants will tolerate) within the mitigation areas (Table 1). All shrubs shall be a minimum18-inch (1-gallon size or equivalent). Herbs (dune grass) shall be planted as seed (preferred) or bare root along an approximate 6 foot strip directly adjacent to the shoreline. Seeds may be hand collected from local resident populations and spread approximately at 2 inches. If bare root plants are used, they may be planted at 6 inches on center. Table 1. Recommended planting for species, quantity, and size. Vegetation Layer&Species Quantity Size Trees: 4 at 10 ft. on center spacing shore pine (Pinus contorta; FACU) 2 24" red alder(Alnus rubra; FAC) 2 24" Shrubs: 42 at 3 ft. on center spacing Douglas maple (Acer glabrum;FACU) 2 1 gp osoberry(Oemleria cerasiformis, FACU) 14 1 gp snowberry(Symphoricarpos albus, FACU) 14 1 gp spreading gooseberry(Ribes divaricatum; FAC) 10 1 gp Herbaceous: dune grass (Leymus motifs; FACU) seed mix n/a 1 gp=1 gallon pot or equivalent 5.4 Quality Control &As-Built To assure success of the mitigation areas, a qualified biologist or landscaper will be on- site periodically during all phases of mitigation implementation. An as-built drawing of the mitigation areas will be provided after planting. The as-built shall be prepared by a professional biologist, landscaper, or Engineer to produce the final drawing. This drawing will indicate all appropriate features for the mitigation area, e.g., the approximate locations of the installed trees, shrubs, and herbaceous plants. The actual quantity and species of the planted material will be indicated in a table on the drawing. 5.5 Goals & Performance Standards Mitigation Goals The goal of the mitigation plan is to provide compensatory mitigation for disturbance to the 100-foot shoreline conservancy. The restored riparian habitat area will be planted with native trees, shrubs, and herbaceous plants. This will be an increase in shoreline habitat functions at the mitigation area compared to the functions currently existing in the proposed disturbance area (i.e., lawn). Performance Standards Planted tree and shrub vegetation will have a 100 percent and 95 percent survival respectively after the first year of installation and a minimum 80 percent survival for all years following. The restored habitat area vegetation will have a 50 percent estimated cover after 5 years with at least 3 species. A minimum of 2 photographic points, within the mitigation area will be taken that will best illustrate conditions during the 5 years of monitoring. The possible presence of natural regeneration of native trees, shrubs, or herbaceous plants or volunteer native species may be factored into the decision for whether new plant material is required or thinning an abundance of a single species such as red alder is required. Non-native invasive species will comprise no more than 10 percent of the emergent layer and none of the shrub or tree layers for any given year. Non-native invasive species include, but are not limited to: Common Name Scientific Name reed canarygrass Phalaris arundinacea Himalayan blackberry Rubus armeniacus evergreen blackberry Rubus laciniatus Canada thistle Cirsium arvense poison hemlock Conium maculaturn hedge bindweed Calystegia sepium Scot's broom Cytisus scoprius English ivy Hedera helix Japanese knotweed Polygonum convolvulus tansy ragwort Senecio jacobaea butterfly bush Buddleja davidii Percentages of non-native species that do not meet the above criteria will require strict control methods. Hand pulling is the preferred option and will be the first approach during maintenance. However, if any one area of reed canarygrass, Himalayan blackberry or other undesirable plant exceeds greater than 10 percent cover, the plants will be sprayed with glycophosate or a suitable herbicide by a licensed applicator in the spring and rechecked during the summer and fall seasons, as necessary, until the plant(s) are under control. 5.6 Monitoring, Maintenance & Contingency Plan Monitoring Monitoring shall occur during and after installation and periodically as required during the monitoring period and continue for a period of 5 years or as required by the City of Anacortes. This monitoring is required to assure the success of the mitigation areas. A single monitoring period will consist at a minimum of two on-site reviews (mid spring (April) and early fall (September), or as many site reviews as necessary to record site conditions such as presence of health of plants, estimating percent cover, live plants, and presence of invasive species. One written report will be prepared per monitoring period. Monitoring reports shall be submitted no later than December 31st of each monitoring year. Monitoring shall occur for years 1, 2, 3, and 5 post-mitigation planting. The Year 1 report shall document site conditions (as discussed above) 1 year post- mitigation planting. Maintenance options and suggested recommendations to maintain the site will be given in the monitoring report. This report will include the as-built drawing of the mitigation areas (see above). Maintenance Maintenance shall occur monthly or as needed throughout the first 3 years after planting. Maintenance includes but is not limited to weeding, watering, and fertilizing if required. Maintenance may be decreased to twice yearly (spring and fall) after 3 years, if it is determined that monthly maintenance is no longer necessary (i.e., the installed plants are vigorous and the invasive and competitive plants have been reduced) by a qualified biologist. Contingency Plan If performance standards are not met, a contingency plan may be necessary in order to accomplish the project goals. A contingency plan will be developed to address the failed portions of the planting plan. Plant mortality is the most likely failure anticipated. Plant attrition can be resolved through evaluation of cause, followed by replacement of the same or more appropriate species. In the event more than 30 percent of the plantings fail by the second year, the site shall be replanted to 100 percent, with improved maintenance and plant protection to ensure plant survival. The applicant shall be responsible for the costs of replanting and plant maintenance and these costs shall be separate from any financial guarantees. Once the reason for failure is determined and corrected, replanting would take place and monitoring would follow the same schedule as the first planting. Possible reasons for failure may include poor quality of the original stock, poor soil, insufficient watering, too much water, herbivory, improper installation, or competition by weedy species. If poor soil quality is determined then the area shall be fertilized. Fertilizer application shall be discussed and determined by a qualified landscaper or biologist preferably by soil testing to determine whether or which soil amendments are necessary or desirable. In the latter case the contingency plan would simply be to continue weeding and planting with native seeds or plants until the native vegetation becomes established. VI. IMPACT ASSESSMENT 6.0 Review of Proposed Project & Mitigation The proposed development is the construction of a 24-foot by 48-foot garage with a concrete slab to connect it to an existing concrete parking pad and driveway to the east (Figure 6). Proposed new impervious surface within the 100foot shoreline conservancy will be 433 square feet due to the concrete slab connection between the garage and existing concrete parking pad. Proposed new impervious surface outside of the 100-foot shoreline conservancy but within shoreline jurisdiction will be 1,291 square feet for the remainder of the slab connection, the garage itself, and a concrete connection between the garage and asphalt drive to the west (Figure 6). Proposed mitigation for 433 square feet of impervious surface and resulting impacts to habitat within the 100-foot shoreline conservancy is the removal of 749 square feet of impervious surface to the north and replanting it with 749 square feet of pervious lawn habitat, and by the restoration of 446 square feet of native plant dominated riparian habitat in the northern portion of the site for a total of 1,195 square feet of replaced habitat. 6.1 Impact Assessment for Existing Critical Areas Existing critical areas within the project site include FEMA Flood Zone, the marine shoreline of Fidalgo Bay, a regulated 100-foot shoreline conservancy and an estuarine pocket wetland. The marine waters of Fidalgo Bay contain listed species and their habitats. Impact Assessment for FEMA Flood Zone AE A FEMA firmette from Panel 80 of 100, (Map Number 5303170080A)indicates that the property occurs within Zone AE with a base flood elevation(BFE) of 7 feet (NAVD). Due to the existing non-conforming armoring along the shoreline, all existing structures occur above the base flood elevation (BFE) and the proposed structure will be constructed above the BFE; therefore, no negative direct impacts are anticipated to occur. Impact Assessment for the Estuarine Pocket Wetland & Setback No fill is proposed for the estuarine wetland and no work is proposed within the 100-foot setback; therefore no direct or indirect impacts will occur. Impact Assessment for Fidalgo Bay Marine Shoreline Functions The City of Anacortes SMP (DR 5.8.3) requires that all impervious surfaces, structures, etc. occur outside of the 100-foot conservancy, The City of Anacortes SMP also requires that all development within shoreline jurisdiction result in a no net loss of shoreline functions. Shoreline ecological functions include, but are not limited to: Fish & Wildlife Habitat (in-water, nearshore & shoreline buffer), Food Chain Support, Water Quality Protection & Enhancement, Erosion Control, Maintenance of Littoral Drift, Flood Storage, Conveyance &Attenuation, Ground Water Recharge and Discharge, Wave Attenuation, Protection from Hazards, Historical and Archaeological and Aesthetic Value protection, Educational Opportunities, and Recreation. Assessment of No ChangejNo Losses) in Shoreline Functions: Fish & Wildlife: In-water fish habitat: no in-water work will occur; therefore no changes will occur. Near shore habitat: no nearshore work will occur; therefore no changes will occur. No fill, loss of, or changes to the physical marine shoreline habitat for listed species will occur. Water Quality & Enhancement: No fill is proposed for the estuarine wetland and no work is proposed within the 100foot setback; therefore no changes will occur. Septic/Sewer pre-and post-development is the same; therefore no changes will occur. Wave Attenuation: no in-water or nearshore work will occur; therefore no changes will occur. Littoral drift: no in-water or nearshore work will occur; therefore no changes will occur. Historical and Archaeological value - No change will occur. Educational & Recreation Opportunities - No changes will occur. Assessment of Potential Impacts (Losses) in Shoreline Functions: Flood Storage, Conveyance &Attenuation; Ground Water Recharge and Discharge; and Fish & Wildlife habitat • Proposed new impervious surface within the 100foot shoreline conservancy will be 433 square feet from the concrete connecting slab to an existing concrete parking pad to the east. • Proposed mitigation is to remove a larger amount of impervious area by removing 749 square feet of existing structures in the northern portion of the site and to replant lawn for an overall increase in pervious surface area and non-native habitat regained; • Proposed mitigation is to restore 446 square feet of riparian habitat by removing existing lawn and non-native landscape plants and replanting a native plant dominated habitat in an area not functionally disconnected from the shoreline. • Proposed mitigation will result in a total of 1,195 square feet of replaced habitat. • Due to the mitigation proposed, impacts are anticipated to be insignificant and fully mitigated for. Erosion and sedimentation due to site work and bare soils: • Increases in sediment erosion may occur during/due to vegetation disturbances as the existing structures are removed and lawn is replanted and native plants are installed within the restored riparian habitat area. • BMP's such as silt fencing between the work areas and the shoreline will be implemented and mulch is proposed to be used for all bare soils. • Due to BMP's these impacts are anticipated to be de minimis and temporary/temporal only. Erosion due to increases in stormwater due to increased impervious surfaces occurring from the proposed garage and concrete slab are de minimis as stormwater generated runoff will percolate directly into the surrounding soil. Pollution due to increased impervious surfaces is not anticipated because the garage will have a roof where no pollutants are anticipated to be generated. Runoff from the new concrete slabs is not anticipated to generate pollutants and will percolate directly into the soil and therefore be filtered. Assessment of Potential Increases (Gains) in Shoreline Functions Fish &Wildlife Habitat: Vegetative species diversity: replacing existing lawn and non-native landscape plants with native vegetation as proposed within the restored riparian habitat area will increase species diversity. LWD habitat & Recruitment: replacing existing lawn and non-native landscape plants with native tree species as proposed within the restored riparian habitat area will increase the future potential for LWD. Snag habitat: replacing existing fawn and non-native landscape plants with native tree species as proposed within the restored riparian habitat area will increase the future potential for snags. Shade: replacing existing lawn and non-native landscape plants with native vegetation as proposed within the restored riparian habitat area will increase shade along the shoreline. Food Chain Support: replacing existing lawn and non-native landscape plants with native vegetation, adjacent to the bulkhead and closer to the shoreline, as proposed within the restored riparian habitat area, will increase natural plant litter and a diversity of food sources closer to the shoreline. Summary Findings Findings: It is our best professional judgment that this project as proposed has achieved a no net loss of shoreline functions due to: • Redesign and minimization of impacts within the 100-foot shoreline conservancy area to 433 square feet of new impervious surface area that will occur in an area already functionally disconnected from the shoreline, • Proposed compensatory mitigation is for the removal of 749 square feet of impervious surface area and replanting of lawn habitat area closer to the shoreline in an area that is not functionally disconnected from the shoreline, • Proposed compensatory mitigation will restore 446 square feet of riparian habitat by replacing existing lawn and non-native landscape plants with native plant dominated habitat closer to the shoreline (for a total of 1,1195 square feet of habitat replaced), • Proposed use of BMP's to reduce temporary/temporal impacts due the proposed project, • Anticipated future net gains in Fish & Wildlife Habitat (increases in vegetation species diversity, LWD, snags,), • Anticipated future net gains in Food Chain Support, and • Anticipated future net gains in Shade. 6.2 Assessment ESA Compliance for Priority Habitats and Species Section 7 of the Endangered Species Act (ESA) requires Federal agencies to insure that any action authorized, funded or carried out by them is not likely to jeopardize the continued existence of listed species or modify their critical habitat. The following assessment implements the guidance outlined in the FEMA Region 10, "Regional Guidance for Floodplain Habitat Assessment and Mitigation in the Puget Sound Basin, August 2013. "ATSI staff received habitat assessment training from FEMA during their workshops on 17 June 2010 and 1 & 2 March 2011. The City of Anacortes SMP (DR 5.8.3) requires that all impervious surfaces, structures, etc. occur outside of the 100-foot conservancy. The proposed project within said conservancy is to create a connection between the proposed garage and an existing concrete slab. A Washington State Department of Fish and Wildlife (WDFW) report has not been requested for this project area; however, the WDFW maps the following: • Bald Eagle breeding indicated by 2 nests approximately 1,950 feet (0.37 miles) to the northwest and southeast of the project area. Bald Eagle (Haliaeetus leucocephalus) are a federal species of concern and state sensitive species; • Surf smelt breeding along the shoreline. Surf smelt (Hypomesus pretiosus) are not indicated as a threatened, endangered, or sensitive species. • Pacific herring breeding along the shoreline. Pacific herring (Clupea pallasii) is a state candidate species. • Listed Puget Sound Salmonid Species occur within the marine waters of Fidalgo Bay. Impact Assessment & Recommendation for Bald Eagle This project is not anticipated to have any direct or indirect impacts to Bald Eagle due to distance from the project area (-1,950 ft./0.33 mile) and the existing proximity of the nests to adjacent urban and commercial areas; therefore a "No Effects (NE)" determination is recommended. Impact Assessment & Recommendation for Surf Smelt & Puget Sound Salmonid Species Our best professional judgment is that this project cannot be determined as a "No Effects (NE)" because, although no construction will occur within marine waters or the immediate shoreline, 433 square feet of new impervious surface and work will occur within the 100foot shoreline conservancy. However, because mitigation will occur in the form of 749 square feet of impervious surface removed, and a total of 1,195 square feet of habitat will be restored (approximately half of which will be native species closer to the shoreline), and BMP's implemented; ATSI recommends a "Not likely to Adversely Affect (NLAA)" FEMA determination for this project because potential impacts are anticipated to be insignificant and fully mitigated for. Due to the proposed mitigation, the project will have a no net loss of shoreline functions per the City of Anacortes Shoreline Master Plan. VII. LIMITATIONS We have used the most current, established methods to make determinations as to the location, size, and types of critical areas within the project areas. All of the above statements are based on our best professional judgment. Although we follow the federal, state, and local criteria, we cannot guarantee that the state, federal, or the local jurisdiction determination will correspond to ours. VIII. WORKS CONSULTED City of Anacortes. 15 December 2008. Title 17—Zoning, Chapter 17.70. Critical Area Regulations. [Accessed 18 September 2013] http://library.municode.com/index.aspx? clientld=16193 City of Anacortes. September 2010 Shoreline Master Program. http://www.cityofanacortes.org/Planning/Documents/ShorelineMasterPlan/SM P2010/SM P_Final.pdf Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, Miss. Klungland and McArthur. 1989. Soil Survey of Skagit City Area, Washington, U.S.D.A. Soil Conservation Service, Washington State Department of Natural Resources, and Washington State University, Agriculture Research Center. Google Earth+NWI Data. 2014. Ones/Spot Image. Data SIO, NOAA, U.S. Navy, NGA, GEBCO. Image USDA Farm Service Agency. [Accessed June 2014]. Pojar, Jim and MacKinnon, Andy. 1994. Plants of the Pacific Northwest Coast. B.C. Ministry of forests and Lone Pine Publishing. Edmonton, Alberta Canada. Reed, P.B., Jr. 1988. National List of Plant Species that Occur in Wetlands: 1988 Northwest. Biological Report 88 (26.9), U.S. Ash and Wildlife Service, St. Petersburg, Florida. Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture. Web Soil Survey. [Online WWW]Available URL: Iittp:llwcbsoilaurvey.iires.k.i*da.cloy][Accessed June 2014]. Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture. Soil Data Mart. [Online WWW]Available URL: tip;llsotldata mart.nres.u;.ada.govl [Accessed June 2014]. U.S. Army Corps of Engineers. 11 July 2013. North American Digital Flora: National Wetland Plant List. [Online WWW] [Accessed 16 September 2013]Available URL: http://rsgisias.crrel.usace.army.mil/NWPL/ U.S. Army Corps of Engineers. May 2010. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region, Version 2.0. ERDC/EL TR-10-03. Vicksburg, MS: U.S. Army Engineer Research and Development Center. U.S. Army Corps of Engineers & Cold Regions Research and Engineering Laboratory. 18 May 2012. Western Mountains, Valleys, and Coast Final Draft Ratings. Updated National Wetland Plant List. U.S. Army Corps of Engineers Regulatory Branch, Seattle, Washington. US Fish and Wildlife Service. Wetlands On-line Mapper[Online WWW]. Available URL: http://wdfw.wa.gov/mapping/phs/[Accessed June 2014]. U.S. Fish and Wildlife Service. 3 March 1997. National List of Vascular Plant Species that Occur in Wetlands: 1996 National Summary. OW.iiwww.iws_+Jo +inwilbhallist96 htrnl. U.S. Department of Homeland Security. FEMA, Region 10, Regional Guidance for the Puget Sound Basin. August 2013. Regional Guidance for Floodplain Habitat Assessment and Mitigation in the Puget Sound. Washington National Heritage Program. [Online VWWV] [Accessed June 2014] W M-d r.va.g_ CridiResarchSciencellbpicslNat31!alIIeritagelPaUes?aGr)p nh.asp 19 Zeifman-Critical Areas&Mitigation Report,City of Anacortes ATSI—18 March 2015 f:,r g5Tiiii-ST- • ,%.I.-.,:i•:::.=•• IZ:5 '1_, • .T...:?':' ' ' Crandall �;' a . DR. I , 1 ,.' ' ''b Approximate h r �,.I. I . . ,} +T' '' • t` Site Location ;, 2 . • _ ,l F_ y *• ice ' s.�. � • � i rrx� i �pL'' F, + • . tik V -F • Jf �ttix0. ` I. i r i I \it--:;.': . I\ . ::: h .1 —76,A51-..--:,.:__)L, 1 ars rf r • rlr ,yi lk y lir,"). , 3' jL *ti I _ _ . ....r--)\ i:.. toi, 1.., ,.........., ..,,,,, , , . .„:,. ii ,qi tliii , s _.T.,'' i, - \-6\ iv ..‘• . . ,.• ( -,... `j.:777,;h.- - y * 1 4::ie; 1,11 t- � , 3• ..-y ,4) i 4y _ S 1'' �•, i5 tly ` S LI ki l� -.' . Y+ r t 1 1'•_ ___"T1 \i4\ • - * 9I M ] I " fit- Il.i!'•• \•1'.. '..,. ... . . •••:.• '1 " 1 ' 1i‘ 1J i41 �•iiS I L., ,. '. ••II 51I\� a '' ' ' � ' I - Ft `. :- 1 4 I f .I - ' N'ti F\ I lx1 KV,, Pc/ I L 1.ti`l • - '`'ei', '! I , It! I,,ilyT �{i�, ' { r I ` ` .� ! . !i _ ..) Sewa -k ! 4I • • I� � ) i � ' F;aTs ,e A I1 `- , I r\L ... . s 01 • r ; r ,! f r i 0• . ,'',1`•' 7 - f f/ 1"f;{,rif', . ; 1. --- ` —'- Vicinity Map - Zeifman Property P Approximate 4205 Fidalgo Bay Rd. - City of Anacortes VP 0 Site Location S30 T35N R2E - P33200 & P33202 Latitude: 48°29'12" N Longitude: 122°35'49" W 1'6004 , :i.„414 i. ATSI ALSu,L-'Pert Syatems,Inc. NOTE: 6asemap provided by National 18 March 2015 $ . Geographic TOPOt ce The property boundaries and locations shown on this Figure 1 of 7 drawing are approximate only and are not , intended to constitute a legal land survey. 1 1 N, • AIt ,w Approximate - . '_•, Site Location 1 ir\ . iiki _ , • \ \ / . r 4 r.°1V' '31 tItIA:?4;:*i. \ II, 4-ii . .. irei .„7,...i... tb, \ ' ‘ik-- liele. lit;,.?.s. .,4+.4 ift —, - I. PI!"'Pi :1/04 d' ti a r VellteF` NJ'41,.. , . - . r t �.. e.. ,,,. . - *1/4. I?, ist,,,_ , .. ,. ., iftfr. ..4. ,..... ,......., it ... . . - ' fes . ....., . , . .. .8 •,:4, h4/ , . %,. ev . . :.,.' .. . . - 44 1 le°4°.111:7 ' 444°' . . . C Approximate Project Aerial Photograph - Zelfman Property f-N Area (-5 ac.) 4205 Fldalgo Bay Rd. - City of Anacortes Q S30 T35N R2E - P33200 & P33202 Latitude: 48°29'12" N o. 150' Longitude: 122°35'49" W ` ATSI Aqun err Systems,Inc. NOTE: This figure contains information 18 March 2015 f" obtained from Skagit I-Map.Imagery Date: ' 2013.It is not intended to constitute alegal Figure 2 of 7 survey. 7r' . -,,.Y `� Proposed © j Mitigation Areas 0 as 0' N ‘ "PS A c, ' r • Vr9 1/47‘OsJ\ pf J 1s ���1FEMA ZONE AE \\ 0,� (EL7) ivt.,_ A \ \y .11 .9\-P 8J -, r \„.8k:el oa ifProposed 0, .} s Adddition Area �r\` 1. -,.,,,,';$1 'f- -1.'-:i IP /3 N-:ti*- 1( *43 � rid Q S, `fir, %. / ' �` e• S Existing Conditions - Zeifman Property 4205 Fidalgo Bay Rd. - City of Anacortes S30 T35N R2E - P33200 & P33202 Latitude: 48°29'12" N Longitude: 122°35'49" W •. ATSI Mint-Tact Svstrcnr,,Inc, 18 March 2015 NOTE: BASEMAP PROVIDED BY Figure 3 of 7 TAYLOR DESIGN ARCHITECTS, . SEDRO-WOOLLEY,WA ' `1)yO �o .o -Pe. \\ * � s 704 n ����J yy 0� 0 ZO' 40' \ Q--"I` \fp \I \ -51- °i34 z ��O e L r r � 1 o °_gyp 2 LEGE \ D S‘L-°P 'va 2).,s FENCE X X `So_ 4 E�Bpcs- ‹LO?p ~ 1/42 V\tiQa S °�l o �� COOCRCS F 1) l / \ \10.'' / � �<\/ 10 \ I � ce7t11:INNN, Existing Conditions (Enlarged View) -Zeifman Property 4205 Fidalgo Bay Rd. - City of Anacortes S30 T35N R2E - P33200 & P33202 Latitude: 48°29'12" N Longitude: 122°35'49" W ATSI Avv-Tarr Systems,{uu. 18 March 2015 w' NOTE: BASEMAP PROVIDED BY Figure 3a of 7 TAYLOR DESIGN ARCHITECTS, SEDRO-WOOLLEY, WA ,:i.=414241.. -. i+ ,' .i kM1 -.f, _ -..-- - .. Approximate ee \ ---) I ;1�, • I .. it. .. I 1 'i, \ (...,,,...c..:... I•Ord ; I .k ,. „ s , 0`ad1nir N. k - -1:1 it . -- t'r `' Y '-am + r -- - - ? _ ..'3i ,', . .. r ► ;if.b• r • p c ' •y^# _r t _R • r i + .' f .-rf�. Vh I • s ¢ a •s v 0.. 41 Oy • + n —_ , - ; � i. f, -; ' ¢,6 y — • x _Wedand Types ' ' r , I. Estuarine and Marine Deepwrstor r,': y'' 'X'' MI Estuarine and Marine Wetland ;x , , 1 . x, ' -'' Freshwater EmergentWetIond �•' .x-R k• MI f roshti�azer Fnreat tl/6nrlauWVet9al�d '' '{f �Os'Y, w ,f' •.. a rreshwater Pond r - ' _ - ' , '' �. I 111 OM Lake 'l•. 2'i[rOo.oalr Other ''Zi rC i - r ' It�IIII d ,......• . i _ _., . • A99B• r • - - - hnnr..-......el -7J16 PM 1-A-:I -_..2.1 i-J:. : 1 .., — r... e ` NWI Map - Zeifman Property Approximate 4205 Fidalgo Bay Rd. - City of Anacortes ifir 0 Site Location S30 T35N R2E - P33200 & P33202 MY Latitude: 48°29'12" N Scale as Shown Longitude: 122°35'49"W t 41t • ATSI Aqua-Tcrr Systems, Inc. NOTE: Information obtained from NWI Wetlands Data with Google Earth. Google Earth aerial photograph: 13 February 2015 0 July 2014. The wetlands and property .1 - boundaries shown on this drawing are Figure 4 of 7 approximate only and are not Intended to constitute a legal land survey. ik , •; - r am" ;ilil ... " • yt -s.. i r l 1 -• xM1 J..-' ' i y4 N4 x • Y 'r.ft ` + + 1. 1•5 yY • ..y ' ,-.5'1'01 , ' k\ .,s, ,r,siiiiik.4.; \9i if' '', \\ is µ -t , Nit ....-. \it, ''1.41:'4% \' \ /./ i !..• .r- .'a: - ..'ll'.1I 0.' ' Iit' It:" ' .:.4 '. 'L'i:w l'A. \ I '',.. \ \ elit,� y•, w .I7 i... 45 .� ', F , _rT •i y � '-''NI —}S.J • • 4.6.i.ac.01•Loi,,.. • • 1 'S ' . , \,l'',011k, 4\ ! • ti[.1- � j y- 4, r �. J`, 1. - , ram . -'� 4 NRCS Map - Zeifman Property PN 4205 Fidalgo Bay Rd. - City of Anacortes Q , S30 T35N R2E - P33200 & P33202 Imml Latitude: 48°29'12" N 0 250' Longitude: 122°35'49" W NRCS Mapped Soil Units, Soils Key: 79-Keystone loamy sand, 8-39%slopes (listed non-hydric) 165-Xerorthents, 0-5%slopes (listed non-hydric) : • 4— ATSI Aqua-Ten'Systems,Inc. NOTE: Soil Locations and descriptions are from NRCS 13 February 2015 '• soils maps and are approximate only- NRCS Aerial 1 photograph dale: 21 July 2006. The property boundaries Figure 5 of 7 - shown on this drawing are approximate only and are not . Intended la constitute a regal land survey. tip \oVj V�� ° Quo \ - '0'-'\,.."' t•-'".5 0 Ak -5 14 /:- ' ' : R. QC\ ley a', A �N� ��� �9� —\ �— G !o a - 7O %.,„.6)=-) 020' 4a � oclU � �O� 'r` y f,9\i 'L c\,. - r . `SO 1111$ Cc) p\ ‹< �� J p< p �`1 LEGEI\IJ 11 ‘_. vo_ is FENCE X X -__, PR❑P❑SED NEW IMPERVI❑US & SD_ E VEGETATIVE HABITAT LOSS WITHIN 100' SETBACK) 433 SF ." PPR❑P❑SED NEW IMPERVIOUS S • ,a �/ ❑UTSIDE 100' SETBACK! 1,291 SF 10 ,c, '''-- (GARAGE & ADDITIONAL INFILL) / X- .< / ‘d1.0<<\/ / , / \\ 1 � I Wetland Proposed Conditions - Zeifman Property 4205 Fidalgo Bay Rd. - City of Anacortes S30 T35N R2E - P33200 & P33202 Latitude: 48°29'12" N Longitude: 122°35'49" W ATSI 9quit-Tcir Syatnms,Inc. 18 March 2015 NOTE: BASEMAP PROVIDED BY Figure 6 of 7 TAYLOR DESIGN ARCHITECTS, SEDRO-WOOLLEY, WA \.� RIPARIAN HABITAT REST❑RATI❑N AREA 22 r ., PLANTED WITH NATIVE VEGETATION 446 SF, \\\ 1°.yeti Proposed �Ni .o irsrA � � Mitigation \ \ Areas 0 40' 80' \ IMPERVI❑US SURFACE REMOVAL Total' 749 SF lk\ U* * +3.P.4 ���SpEs5 �S`p`��` 9°f J y,a� g 0.01€ 9 0.54 re a��5' fle? \�J FEMA ZONE AE 111 °f3. (EL7) p A It LEGEND \ . : 35 TA FENCE — X PROPOSED NEW IMPERVI❑US & f 9 VEGETATIVE HABITAT LOSS (S ,�� WITHIN 100' SETBACK' 433 SF 4P- PPROPOSED NEW IMPERVI❑US <'\ (IF j� OUTSIDE 100' SETBACK' 1,291 SF 6,T uJ (GARAGE & ADDITI❑NAL INFILL) PPR❑P❑SED IMPERVIOUS REMOVAL (& LAWN REPLANTING) WITHIN 100' SETBACK" 749 SF .. .. PPROP❑SEA RIPARIAN HABITAT REST❑RATI❑N WITHIN 100' SETBACK' 446 SF 1 y ra ��'- � �� a. .6n 7 9C2ydr Proposed . �' ' o� ��. rs Adddition Area �f `Yv f* °�2 , 4#4?"- — # -6,>_)-q4-::\cito Proposed Mitigation - Zeifman Property 4205 Fidalgo Bay Rd. - City of Anacortes S30 T35N R2E - P33200 & P33202 Latitude: 48°29'12" N Longitude: 122°35'49" W ATSI Aqun Terr Systems,Inc. 18 March 2015 NOFE: BASEMAP PROVIDED BY Figure 7 of 7 TAYLOR DESIGN ARCHITECTS, SEDRO-WOOLLEY WA Prescriptive Energy Code Compliance for Single Family and Duplex Housing: Zone 1 Project Information Contact Information Clifford Zeifman Al Taylor 4205 FideIgo Bay Rd _po box 312 Anacortes, WA Clearlake, WA 98235 • This set of forms has been developed to assist permit applicants documenting compliance with the Washington State Energy Code, (2009 edition). This set is for structures built under the IRC and located in Climate Zone 1. The following forms provide much of the required documentation for plan review. The details noted here must also be shown on the drawings (WSEC 104.2). This form is not a substitute for the energy code itself. To obtain a copy of the energy code, go to the following web address. http://www.energy.wsu.edu/code Glazing 12 4 46 1() Glazing U-Factor Door 9 2 3 Vaulted Wall Wall int Wall ext4 Option Area ; Ceiling Above Below Below Floors on • %of Floor Vertical Overhead" U-Factor Ceiling' • Grade Grade Grade Grade R-49 or R-21 R-21 R-10 0 I 13% 0.34 0.50 0.20 R-38 R-38 Int. TB R-10 R-30 2 Adv. R 49 or R-21 R-21 R-10 0II 25% 0,32 0.50 0.20 . R-38 R-38 t • R-10 R-30• 2' Adv. R-49 or R-21 • R-21 R-10 OO III Unlimited 0.30 0.50 0.20 R-38 R-38 Int' TB R-10 R-30 2 • Adv. See WSEC table 6-9 for footnotes — Glazing Schedule Attached to Document Does not apply. (SEE INSTRUCTIONS) Using Prescriptive Option Ill. All glazing and doors 0 meet maximum U4actor.Alternate heating size method submitted. • ❑ Option I or II,Glazing to floor area limit(WSEC 602.7.2) • ❑ Area weighted window, skylight or door U-factor (WSEC 602.7.2) ❑ As part of the heating system sizing calculation (IRC M1401.3 &WSEC 503.2.2) Radiant slab: . IF2.0211?"-N 0 R-10 foam insulation, continuous with thermal break (WSEC 502.1.4.9) Chapter 9 Options Total of 1 Credit Required MAR 1 9 2015 Opt. Opt. Descrption la High Efficiency HVAC Equipment I 1 b High Efficiency HVAC Equipment 2 El 1 c High Efficiency HVAC Equipment 3 • ❑ • 2 High Efficiency HVAC Distribution System 1.0 0 3a Efficient Building Envelope 1 0.5 0 3b Efficient Building Envelope 2 El 3c Super-Efficient Building Envelope 3 ❑ • 4a Air Leakage Control and Efficient Ventilation • ❑ 4b Additional Air Leakage Control and Efficient Ventilation El 5a Efficient Water Heating El 5b High Effieciency Water Heating ❑ 6 Small Dwelling Unit ❑ 7 Large Dwelling Unit El 8 Renewable Electric Energy *1200 kwh El Total Credits 1.50 INSFC Presrrintive Worksheet(2010 edition)Zone 1 WSUEEP10-010 Coovriaht 2010 • Anacortes Planning, Corntrninity& Economic Development Dept, — _ Permit Center - _ P.O.Box 547,Anacortes,WA 98221-0547 1n1-1-{360)293-1901 +5� Don Measamet,Director of Planning,Cor'rnn nitj d ErnnamirDem/opn¢Jtte FAX(360)293-1938 • June 25,2015 • Clifford Zeifman 4205 Fidalgo Bay Road Anacortes,W.A98221 • RE: Shoreline Conditional Use Permit (SCUP) fot detached garage Dear_Mr. Zeifman; - • Attached hereto is a copy of the Planning Co,lnrnission's Findings of Fact, Conclusions of Law, and • Decision for the subject shoreline permit. Please note however that pursuant to Anacortes Municipal Code §.17.62.010(A)(2) and condition of approval#4 of SDP-2015-0002,the expense for posting, mailing and publication of notice of public hearings shall be borne by the applicant. Below is a summary of posting, mailing and publication costs for the above-referenced project: • - - FOR: YPEs COST • Notice of Hearing—PC Mall to 300' propertyowners (23 x$0.48) $11.04 Notice of Hearing -.PC Anacortes American publication $14328 • T TAI 154.3,2 Prior to building permit issuance, please remit payment in the amount of$154.32 to the City of Anacortes for reimbursement of the costs associated with providing notice for the above-referenced • project If you have any questions please feel free to call me at (360) 299-1969 or by email at kevinc@cityofanacortes.org.Thank you. • Sincerely, {W?1 (L4;) • Kevin Cricchio,AICP Associate Planner Enclosures: Planning Commission's Findings of Fact, Decision, Conclusions of Law, &Decision AnaeortesAmeriican Newspaper,Affidavit of Publication CC: Marcia Htrrt, Finance.Department Clifford Zeifman, 5120 State Highway 6,-Riesel,Texas 76682 ANACORTES PUBLIC WORKS DEPARTMENT IrrT Steven Lange, Project Manager P.O.BOX 547,ANACORTES,WA 98221 PH(360)293-1920 $ E-MAIL:stevel@cityofanacortes.org FAX(360)293-1938 4e,y..y{S- Memo . Z2-- Date:April 23, 2015 ti� t � To: Paul Ingalls, Plans Examiner 4p._ • From: Steven Lange • Subject: Site Plan review-4205 Fidalgo Bay Road—Building Permit Application for new garage cc: Jim Baldwin, Eric Shjarback • The submitted site plan, dated March 19, 2015, for the building permit application for a new garage at 4205 Fidalgo Bay Road was completed by the Public Works Engineering Department on April 23, 2015. Below are the comments and recommendations for this application. • DrainagelErosion: • ■ There is more than 1,000 SF of new impervious area being generated. This triggers the need for the Small Parcel Storm Water Plan. See attached. • � u t143 ar.alk_041---Ou F r • Water • Wastewater • Streets • Storm Drainage • Engineering • Solid Waste • Transportation •Equipment • Capital Projects • Development Services a.Awa . -1 Y 0 4 Cityof Anacortes Invoice/Permit#: CUP-2015-0001 904 6th Street Applied date: 04/03/2015 P.O.Box 547 Anacortes, WA 98221-0547 Issue date: Expire date: 04/02/2016 Job Address: 4205 FIDALGO BAY RD Permit Type: Conditional Use Permit ANACORTES WA 98221-8355 Project: APN: P33202 P33042 Remarks: Owner: CLIFFORD ZIEFMAN Contractor: Address: 5120 STATE HIGHWAY 6 Address: RIESEL TX 76682-3792 Phone: (254) 896-1240 Phone: License#: General Information: Fees: Conditional Use Application 1,000.00 Total Calculated: 1,000.00 Deposits/Receipts: 1,000.00 Total Due: 0.00 THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 180 DAYS AT ANY TIME AFTER WORK IS COMMENCED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT.ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT, THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. SIGNATURE OF OWNER OR AUTHORIZED AGENT ISSUED BY y:= Anacortes Planning, Community &Economic Development Dept. Permit Center • ? P.O.Box547,.Anacortes,WA 98221-0547 PH(366)293-1901 L ? Don Measamer,Director of Planning, Community and Economic Development FAX(360)293-1938 - k MEMORANDUM: TO: Don M_easamer, Planning Director FROM: Kevin Cricchio,AICP, Associate Planner RE: 4205 Fidalgo Bay Road, Conditional Use Permit (CUP-2015-0001) Refund DATE: April 29, 2015 i I The landowner's agent, Al Taylor, recently submitted for a land use type of Conditional Use Permit .(CUP-2015-0001) to construct a 24 foot long by 48 foot wide detached garage that is accessory to an existing single-family residence located at 4205 Fidalgo Bay Road,Anacortes,WA. Both the proposed garage and existing residence are located in the Conservancy Shoreline Environment/Designation and CM Zoning District: Previously, the landowner obtained a both a land use Conditional Use Permit and shoreline permits)to permit the construction of a residence within the Conservancy Environment. The existing residence and attached garage appear to be within the one hundred (100) foot setback as measured from the ordinary high water mark. After discussing the subject proposal with Al Taylor, it has been determined that the existing residence's footprint including the attached garage and covered porches is 6,773 square feet in area. The proposed detached garage (1,152 square feet) is less than 10% of the existing • residence's lot coverage since the applicant is going to be removing the existing RV cover and deck that is 749 square feet (6,773 + 749 =7,522 square feet). The new total building area upon construction completion Will be 7,925 square feet (5,773+.1,152)which is total building increase of 403 square feet or five: (5) percent. Therefore, the applicant is not required to obtain a.new land use type of Conditional Use Permit as-they are under the ten (10)percentthr.eshold per AMC 17.10.100(F'). Al Taylor paid $1,000 on behalf of the applicant When submitting their Conditional Use Permit application., This payment needs to be applied to the required Shoreline Conditional Use Permit (SOP-2015-p002) which costs .$750.00 (cost is based on the projected cost of the detached garage). The remaining two hundred and fifty (250) dollars also needs to be refunded to the agent/applicant, Thanks. Page 1 of 1 u) I— 3 ZEIFMAN GARAGE ADDITION U E wf U AACORTES a WASH] IGON z6.1 \ W ❑ gm s<E ATS MITGATI O N TEP T T This AREA N J`/ ao x M Q g 0= ,�EXISifHG LAWN--....„, --� as ~ - ORDINARY or.p ENISTING FFNICE (E)COTRED DECK&TRAIIER TO DE °CF RC,r' ATER}dAR REMGyED.ozcaNNECT ALL 011UliES AND K ARy• c ir .. ••MINATE As REGGIRED.REMOVE Au OEBWs,is I,4 _ IAF .„ :•EA 1�/NAnyE'EcATAnCN an -•TnsAno' •z•A•T 1 PARKING AREA GING T ` Z E = W RA 03 -� \ ORDINARY RICH t ER HARK ❑ H (0 0,'--..... ' -EASTNG LA}�FI TOP 0•i• •i HIT.,` _ �� �Nc _ _ _ _ Co < o �_ OflONARY H1CH WATFA MAR cV r E H ORVNG W 6 (L�N=VHi,�T-' - '� CIC 05 Q li o J a ' _ 1�ENksTING LA IJ� Q W \ nMc4`"Ncr \\\ ° k 41 .,::: ey �' LL O o SE \ 4•Mc SLAB - .r7'd,=1 )YkYe e0x ri:- Fr•Pe.0"..1.10i i:.:•'...treA.;1i;SA:.:0.. irl X,7, } W W 8 nn7 JIiIii o f O' • (EI 3 } .1 PRpp,7Y _ 7' -U�'-- 5 FUVIP YNAs ��. 7. 7 ; ._ ' f�1 ♦ " gnk0 r ROS A£ �LN4L7 DRT lJ _ ENISTNG SUB--, / - FENCE II `c�RAIER Y HIGH f~ '--- --- ra. WATER MARK SITE PLAN �e �cANT1� C �Cy s„ �; — 1NoTE; L� 0 19' 30' be 7d UTILITIES PRIM COIISSDRUCISO 11 a RE-ROOTE As REQUIRED l i' ,.... inon ..., ,,D_ II I I+ cn PARCEL fNFORiAT10N PROJECT DESCRIPTION: DRAINAGE: DRAWING INDEX JOB: 1504 au ADDRESS 4205 FIDALGO BAY RO,ANACORTES ossiNG RESIDENCE TO WWI=R77773�G.F. ROY FOE ORAINs 11 4 PVC TIGITIINE&TIE To D(N ALT (}AsKINGTON 95221 055TIN0 RY&DECI(COVER TO BE ROAMED a 749 S.F. STOAT ORAiN,TIE FOOTING OMITS TO TIGHRINE DATE; 3/18/2015 (�P�A1S���p � Doti GRADE&5-0'VIN PROD BULSINO, ARCHITECTURAL PARCEL lo/P33202 tOTAL RE OREPNE =749 SF, EROSION CONTROL: REy, .Y in Na YA 350230-o-219-000B CONSTRUCT NA DETACHED GARAGE CONTRACTOR To INS tl.SILT rtieNO ON 0001 Al 51TE PLAN 91 SHEET NO, GARAGE AREA=1,162 SF. SLOPE SIDE OF TIRE ESTT?f1S OF 9 A2 FOUNDATION PLAN,DETAILS & SHEAR�'ALL PLAN Ta);P4c-R3 UC11014,SILT ApLEl G TO REGAIN ONTL s I A3 FLOOR PLAN•ROOF FRAMING PLAN AlAI I cECDONS 1-2 PCOMRDOROD LACE I DMELVAMAuN Ls IN PAlO SOIL Am STRAP STaE Cc/l+NCI A 1 gG,sn-le.so-RNG O2 A4 suRoING SECTIONS A-A,B-B&WERIOR ELEy'ATIORS '`LOR LOT EVE-1as ACRES A5 GENERAL SPECIFICATION ��`l H ZEIFMAN GARAGE ADDITION ...) E H I C 2 b U AflACORTES o WASHOftBGTON Q .1 ZW D r, � m k � d //�\ w PROPOSED MITIGATION AREA ` �� r 0 m RIPARIAN HABITAT RESTORATION - �, .f (SEE�AREA PLANTED W17H NATIVE /.N /_ /. a VEGETATION 4-46 SF. ATSI MITGpRCN REPORT) }, P1017: ,� Y: ., O H1MPERWauS N GARAGE ,1:4 - SURFACE REMOVAL yam"' - -.,.Total:7d9 SF \- J \ j `�- - r '� 0 / ,;.. ! • * m W LAWN 7 - i�I� -E ,. � � _ : _ v H d aPROPOSED MITIO1111CN Nis ''�'— - - '.. ] t.- °'4/////////////////// /////////000'''"---B9s1mC REEMOVED.DSE)COVERED o.GK Ac ECT ALLInUTIESTO E •AND TOP rk -_NrG`T H'A MAIN LEVEL FLOOR P EAST ELEVATIONSOUTH ELEVATION S EXISTING FENCE OF R TE"R �N TETMINAIE AS REQUIRED,REMOVE ALL DEBRIS. ARMp NG RE-PLANT AREA W/NATIVE VEGATATION. - Z (J, PERS(US SURFACE REMOVAL=749 SF - p %D CLI ., (SE ATST14111G:.ON REPORT) \ 4,4'AC \ Z 44°H'N<T E%1511NG ASPHALT \ `/ U7 �aq� PARKING AREA \\ < 3 -- - ,- a o ORDINARY HIG#f WATER IAARK ` p TOP OF SHORE ROCK ARMCRE 1 � ` __-/ p `G44' c ,`EXISTING LAMP-......„ r ORDINARY RICH WATER MMK ` Ay,S'� — — OILING Q MEM ��pRLVE - ,fg Z Q Q' .II„ I�EXISTING� i Q O LEGAL DESCRIPRON; f TRACT 13,PLATE 11,LESS TRACT TO BU UNGTON NORTHERN RAILWAY,LESS PORTIONILL C7 LYING SOUTH Of AN EAST-WEST UNE Y NCII{5 62D FEET NORTH OF SOUTH BOUNDARY C - •\\ B6 L7£ �} Q UNE OF SECTION 30.EXCEPT ALL ORIGINAL BURLINGTON NORTHERN RAILWAY RIGHT OF A°TIIC Rat AI --- / a T \_ 4'GONG S-A8 M WAY SHOWN ON RAILROAD RIGHT OF WAY PLAN"ANACORIES NO.1"DATED DECEMBER 1B, -'U1 - ~EXIST —� 1g33 S•,) ,,.., ;,,.�,,. �pTI 1952 IN OR ADJACENT TO TIDE AND SHORAN-ANDS OF SECTION 30,TOWNSHIP T 36 NORTH, CITY OF ANACORTES '4 .'� =,„E;s..;>, EJ�IS I IN,G;RESIDENCE'-. ; RANGE 2 EAST,W.M„DATED MAY I,1893,PLATE 11,TRACTS 11,12,AND THAT PORTION ""' ; O OF TRACT 13 LUNG NORTH OF AN EAST-WEST WHICH IS 520 FEET NORTHERLY AND �}]p,Dnh '1. • vuvE BOX /,, CA PARALLEL TO THE SOUTH BOUNDARY OF SAID SECTION 30.ALSO TOGETHER WITH THAT pqopx, - q;5�I F2�USii. ,'N - PORTION ADJACENT TO SAD PROPERTY OF FOLLOWING DESCRIBED PROPERTY A STRIP OF G 7y >•i# /�r LAND LYING SOUTHEASTERLY OF THE NORTHEASTERLY RIGHT OF WAY UNE OF THE �9',F ■ qp >b7 OpU'I`f,T.7' _1- ,,, I ��?G 0. (E)GAS AITR /� /-- f �_ OrGINAL DURUNGTON WAY PLAN DATED DEOCEMBER 18,952THERN 2,,'RIGHT OF WAY AS SHOWN ON ANACORTES NO.I'DESCRIBED AS RAILROAD OLLOWS:RIGHT � 5 N 5;1 � z097 8Ch"pE?1 S _- _ �,^O" PtirP ivafs L�I ..- �� COMMENCING AT THEOR SOUTHEAST CORNER OF SECTION 30,TOWNSHIP 35 NORTH,RANGE 2 ••■••41C• 1 [ r ` ,. EAST,NA;THENCE NORTH 89 DEGREES 50'i4"WEST A DISTANCE OF 308,05 FEET `�-••E•••• ri �' _ ALONE THE SOUTH UNE Of SAID SECTION TO THE NORTHEASTERLY UNE OF SAD RIGHT OF li:���i:iR (E H' T&R - fNfSnNG / 9 WAY; THENCE ALONG SAD RIGHT OF WAY UNE NORTH 48 DEGREES 48'02"WEST A �•NI•••••••ISIM ` • �COY 61E ASPftA - DISTANCE OF 530.06 FEET;THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A d•=:IMf•4Iltin.aii.F:FNL'11 OURB -- _ LT p�41 ----- _ RADIUS OF 1859,38 FEET AND AN ARC LENGTH OF 548.95 FEET TO THE TRUE POINT OF Il!U' EMIENIrlrrrAl2 11 - y ((E)CONCRETE _ -- BEGINNING;THENCE ALONG SAID RIGHT OF WAY UNE ON A CURVE TO THE RIGHT HAVING I! .�.."' r� --- EIOSTING / SLAB-1, r A RADIUS OF 1859.38 FEET AND AN ARC LE+IGTH OF 134.75 FEET;THENCE ALONG SAID NM MN - FENCE RIGHT OF WAY ON A CURVE TO THE RIGHT HAVING A RADIUS OF 5608.87 FEET AND AN �A•••� '^ --- - __ ,A•••R6 ARC LENGTH OF 254,35 FEET;THENCE ALONG SAID RIGHT OF WAY UNE ON A CURVE TO I •••111A . _ /� THE RIGHT HAVING A RADIUS OF 1859.35 FEET AND AN ARC LENGTH OF 232.41 FEET TO p Mr ILEA` ‘•-....._____ f10SpNG `ORDINARY RICH THE SOUTH UNE OF GOVERNMENT LOT 7:THENCE SOUTH 69 DEGREES 33'59'WEST A O...gig!, $ SITE PLAN 1IS'IIACT>R�L� I I-•.,__,....... WATER MARK DISTANCE OF 22.32 FEET ALONG THE SOUTH UNE OF SAID LOT 7 TO A POINT WHICH VS �r 33.00 FEET NORTHEASTERLY OF AND MEASURED PERPENDICULAR TO THE CENTEERUNE OF ■ui®i 1,i•. 'c THE FASTING RAILS THENCE SOUTHEASTERLY ALONG A LINE THAT IS 33.00 FEET ■I•�1l iJ}' Rp1E: NORTHEASTERLY OF THE CENTERUNE OF THE EXISTING RAILS TO A POINT WIUICH BEARS =rsr N i�i,F ll•;lh Ili CONITRACTOR lb FlEHD VERIFY ALL SOUTH 57 DEGREES 12'35'WEST FROM THE TRUE POINT OF BECHHNING THENCE NORTH rci1�� 0 10 50 6U o7 UTILITIES PRIOR TO CONSTRUCTION 57 DEGREES IC 35'EAST A DISTANCE OF 28.46 FEET To THE TRUE POINT OF REGINNNG, lao•I• &RE-ROUTE AS REQUIRED 1 TRACT 13,PLATE 11,LESS TRACT TO BURLNGTON NORTHERN RAILWAY,LESS PORTION !•11 LOT COVERAGE CALCULATION: 1 LYING SOUTH OF AN EAST-WEST UNE W,iION k5 520 FEET NORTH OF SOUTH BOUNDARY r UNE OF SECTION 30.EXCEPT ALL ORIGINAL BURLINGTON NORTHERN RAILWAY RIGHT OF 0.1 PM ac �� 6,773 SF (E)RESNOENCE WAY 6E ■� Lu11 SHOWN ON RAILROAD RIGHT OF WAY PLAN"ANACORIES NO.1"DATED DECENBER IA 1952 ■• +749 SF.(E)RE ODVER IN OR ADJACENT TO TIDE AND SHORITANDS OF SECTION 30,TOWNSHIP 35 NORTH,RANGE r ..mwmcri =7,522 SF.TOTAL(E)PRE-COHST 2 EAST,W.M.,DATED MAY 1,1893,PLATE 11,TRACTS 11,12.AND THAT PORTION Of TRACT 13 LYING NORTH Of AN EAST-WESTNLIICH IS 520 FEET NORTHERLY ANO PARALLEL MO -- . Q TO THE SOUTH BOUNDARY OF SAID SECTION 3D.ALSO TOGETHER WIN THAT PORTION PROJECT - 749 S.F. (E)RV COVER TO BE REMOVED ADJACENT TO SAID PROPERTY OF FOLLOWING DESCRIBED PROPERTY:A STRIP OF LAND NI S I TE =403 S.F. TOTAL POST COAST INCREASE \ J LUNG SOUTHEASTERLY OF THE NORTHEASTERLY RIGHT OF WAY UNE OF THE ORIGINAL Ii " •!„ 7522 s.O53 OR \\ d BURUNGTON NORTHERN RAILROAD RIGHT OF WAY AS SHOWN ON RAILROAD RIGHT OF WAY 957 PLAN BATED OECQIBER 1B,1952,'ANACORTES N0.1'DESCIABED AS FOLLOWS —O 5%BLDG FOQTPRINT INCREASE COMMENCING AT THE SOUTHEAST CORNER OF SECTION 30,TOWNSHIP 35 NORTH,RANGE 2 gait \ � EAST,W,M,;THRICE NORTH 89 DEGREES SM le WEST A DISTANCE OF 30u5.05 FEET 7926 S.F.TOTAL POST COST BLDG FOOTPRINT -- — ALONG THE SOUTH UNE OF SAID SECTION TO THE NORTHEASTERLY UNE OF 5A10 RIGHT OF (n WAY;THENCE ALONG SAID RIGHT OF WAY UNE NORTH 48 DEGREES 48'02'WEST A DISTANCE OF 530.08 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A VICINITY MAP 1 DRAINAGE RADIUS OF 1859.38 FEET AND AN ARO LENGTH OF 546.95 FEET TO THE TRUE POINT OF PARCEL INFORMATION PROJECT DESCRIPTION: DRAWING INDEX JOB: 1504 BEGINNINQ THENCE ALONG SAID RIGHT OF WAY LINE ON A CURVE 10 THE RIGHT HATING OWN: ACT A RADIUS OF 1859.38 FEET AND AN ARC LENGTH OF 134.75 FEET;THENCE ALONG SAID SE ADORES;4205 FIDALGO DAY RD,ANACORTES EXSTNG RESIDENCE TO REMAIN=6,773 5.F. RUN ROOF DRAINS IN 4'PVC TCHTUNE&TE TO RIGHT OF WAY ON A CURVE TO THE RIGHT HAVING A RADIUS OF 5608.87 FEET AND AN WASHINGTON 99221 LASTING RV&DECK COVER TO BE P3000ED=749 SF. STORM DRAIN,TIE FOOTING DRAINS TO TIOHTLINE DATE: 3/18/2015 ARC LENGTH OF 254.35 FEET;THENCE ALONG SAID RIGHT OF WAY UNE ON A CURVE TO D01W'R GRADE&5'-0'MIN FROM BUILDING. ARCHITECTURAL THE RIGHT HAVING A RADIOS Of 1859.35 FEET AND AN ARC LENGTH OF 232.41 FEET TO {PER AM REPORT) PARCEL ICJ P33202 TOTAL REMHCVED=749 S.F, EROSION CONTROL: REV. THE 5gU1H UNE OF GOVERNMENT LOT 7; THENCE SOUTH 89 DEGREES 33'59'WEST AA7 511E PLAN 91 3 DISTANCE OF 2232 FEET ALONG THE SOUTH LINE OF SAD LOT 7 TO A POINT WHICH IS TAX ID Nv.350230-0-219-0008 CONS1RUCT NEW 1,152 S.F.DETACHED WOOD CONTRACTOR TO INSTALL TILT FENCING ON DOWN R " SHEET NO, 33.00 FEET NORTHEASTERLY OF AND MEASURED PERPENDICULAR TO THE CENTERLINE OF FRAMED GARAGE ON PILES SLOPE SIDE OF ENTIRE EXTENTS OF 511E A2 FOUNDATION PLAN,DETAILS & SHEARWAII PLAN THE CASTING RAILS;THENCE SOUTHEASTERLY ALONG A UNE THAT IS 33,00 FEET ZONING-CM CONSTRUCTION,SILT FENCING TO REMAIN UNTIL ALL A3 FLOOR PLAN,ROOF FRAMING PLAN k WALLSECTICNS 1-2 NORTHEASTERLY OF THE CENTERLINE OF THE EISTING RAILS TO A POINT WHICH BEARS CONSTRUCTION IS COMPLETED AN0 LANDSCAPE IS INA 1 SOUTH 57 DEGREES 12'35'WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH SEC.30-TAP.35-MG 02 PLACE COVER ALL EX B EXCAVATED AREAS AND STOCK A4 BUILDING SECTIONS A-A,B- do EXTERIOR ELEVARONS YLOR 57 DEGREES 12'35'EAST A DISTANCE CF 28.46 FEET TO THE TRUE POINT OF BEGINNING PILED SOIL WITH STRAW') A5 GENERAL SPECIFICATION STAIR OF MA$RICTTH LOT SIZE-48.9 ACRES(023,264 S.F,) CO• ENERGY CODE NOTES; Am 10005ES-2.1,/c H I. CONTRACTOR TO AOD AD0111CNAL FRAMING CR BLOCKING AS REWIRED 8. ALL WATER PIPES IN UNHEATED SPACES TO BE INSULATED TO A MIN OF R-3, tE TO MEET CURRENT ENERGY CODE REQUIREMENTS 1 1 1 LLI s. EXTERIORR KN0 70 ROPE ADJUSTED 50 WEATHER-STRIPPING,THRESHOLD,&DOOR I II I I I I I I I I I I I I 1 I II I ROOF FRAMING NOTES: 2 MR LEAKAGE SOU PLATE IS N BE CAULKED OR GLUED TO BOOR. RIM SWEEP ARE WORKING PROPERLY&SEAL Y1E11. 215 6 _JOIST BETWEEN STORIES TO BE CAULKED/SEALED. ALL HOLES IN BUILDING ENVE- 5I25Y11.625 VI:20 3100 DF 5. d1.B75.VE 20 TOG OF 5,05x1}E75 VL 0.0 3I00 DF - \ c LOPE ARE TO BE CADUCEI) /SEALED INCLUDING 607 NOT UNTIED TO ELECTRICAL, To. BLOWN-IN ATTIC INSULATION TO BE INSTALLED 1N STRICT CONFORMANCE NTH " 1 Ih T '""- I ROOF PITCH=B/t2 T rn ON EXTERIOR WALLS ORE CEILINGS ARE TO OE TRATIONS OUTLETS.SWITCH BOXES /5£AL.E0 WIT-1 APPROVED AS AS REQUIRED ATANDFACTURE&S RINSULAT:&WEATHER-STRIP ATTIC ECOMMENOAHONS FOR DENSITY&COVERAGE. p001, VENT BAFFLES I T II TRUSS SPACING=2'-C o/c + a SEALANT,OR HAVE FOAM FACE GASKETS INSTALLED. ALL RECESSED U1R75 ARE TO I `5 BE IC RATED,AIR nu'&SEALED TO SURROUNDING G118. ROUGH OPENING AROUND II, PROVIDE MAKEUP MR NTH FRESH AIR OUCIEO DIRECTLY INTO THE RETURN AIR \`�� I'-6'TTPICAL 04ERHANC 0 o ALL WINDOWS Ac DOORS TO HE SEALED/CAULKED. PLENUM OF THE FURNACE SMELT. INSULATE THE DUCT Willi R-4 IN UNHEATED /1/ •' SPACES, PROVIDE A DAMPER TO REGULATE INCOMING FRESH AIR ROOF SHEATHINTk �J� J. ALL CEILING EXHAUST FAN OUCn1G TO BE INSULATED AS PER CODE&TO HAVE 5/8'PLYWD SHEATHING NAILED MN ad'S AT 6"o%AT G AS FEW BENDS AS POSSIBLE&TO TERMINATE AT THE EXTERIOR OF THE BUILDING. 12. PROVIDE ow-DOOR INTAKE DUCT WITH DAMPER TO LIMIT NO FLOW 12 145 CFlA UNDER NORMAL OPERATING CONDITIONS. EDGES AND Bd'S AT 12-o/c AT INTERMEDIATE 4. INSULATION TO ALL AU.EXTERIOR WALL CANnES.DO NOT COMPRESS. IFi I I FRAMING MEMBERS(UNBLOCKED).FACE GRAIN CUT 10 FIT AROUND 1WHE5,PIPES,&OUHET BORES RECESSED 13. ALL GAS COMBUSTION APPLIANCES EXCEPT STOVES&CLOTHS DRYERS.TO HAVE 1 I� , I PFRPENOICULAR TO SUPPORTS. FIXTURES IN EXTERIOR WALLS TO HAVE MIN.R-5 INSULATION 00810D THEM, COMBUSTION AIR DUCTED DIRECTLY TO mEM. 11 PROVIDE DIAPHRAGM EDGE NAILING ABOVE ALL EXTERIOR t•A 2 5. ALL HVAC DUCTS INSTALLED WTSODE THE HEATED HABITABLE SPACE TO HAVE 14. ALL COMBUSTION EXHAUSTS TO BE SEPARATED BY A MIN.3'VERT,&10'HDR12. 1. a i/U_ WALLS HIP AND VALLEY LOCATIONS. y N SEALED A:ANTS,CORNERS,AND BOOTS,AND 1NSULATFD TO A MIN,R-5. TO 75, COMBUSTION AIR UNDERCUT UTILITY ROOM DOOR I'ANO PROMOS(11 4'iur yki OVERLAY FRAMED AREAS SNAU.BE BUILT I1PO!FRAMING �' 5. A ONE PERM OR LESS VAPOR RETARDER(IE:KRAFT PAPER,PYA PAINT ETC..) COMBUSTION AIR OPENING WTIUN 12'OF CUUNG SCE Di g{ WITH SHEATHING AE3IEAOY ATTACHED. IS TO HE INSTALLED ON THE WARM SIDE OF AL.F050LATDV. PROMOS SOUR BLOCKING BETWEEN 1HE BEARINGS OF 6- INSULATION VALUES LEGEND: w w 7. ALL RECESSED LICHT FIXTURES 1N THE'THERMAL ENVELOPE TO BE CERTIFIED EVERY RAPIER OR TRUSS ANO A 9MPSON H25 GIP AT UNDER A51A1 E-283 AND 50 LABELED,OR SEALED AROUND THE ESIESOI IN AN AP- WALLS PERM FLOOR 'WINDOWS DOORS EVERY MEMBER, ctr J co PRDvEO MANNER TO DE AIR DONT. A80TE mow RA7 YAWED CRAri W SI,B TGIIIVA. O'YERNEAA E K CAAEE Q1WE SPACE FLOOR WADE -- 1 PROVIDE A HUILT-UP OR sox WOOD COLUMN BENEATH r A-21 R-21 R-11 DR R-3a R-•30/ R-15' A-10 0,030 11_nso Uon2o I ,� THE REARWGS of ALL ORDER TRUSS AND ROOF BEAMS. 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Q ® J }Q LJ `I(- \SEC 610 7�A2 12'MIN /I O •','. \SEE OIL 3/AI�P 12'1!N INF 1� LL } ((( JOB: 1504 Fall a GARAGE FLOOR PLAN OWN: ALT -..--.PIPE ME ..`PRE PO DOOR NOTES NOTES: DATE: 3/18/2015 SCATS I/4'=I'-0E E PRROWE ALUu RNESHan A AF0TIIER SIRwPHG AIL G1MENSI0N5 ARE TO FACE OF STUD UNLESS ON ALL S1015 FlOE E%T.MOORS NOTEO OTHERWISE REV. ..c .G 2 ALL COMM MAN Doom 1O BE NSLRAIE5 INTERIOR OOHING3 FIBERGLASS MINIMUM OF 50%OF ALL LUMINAIRES TO BE gl R'4 I' SHEET NO, HIGH EFFICIENCY TYPE FIXTURES l Ill�'y7lk+Ll'{M.. O WALLSEC11ON O WALLSECTION WINDOW NOTES: 1 2 I.U15000'Sma m•IDlll1RNDDNS SCALE 3/4'=1'-0• SCALE 3/4'=I'-0' riOR i MPH COLOR'RHIIE' STATE OF WASHINGTOH J.N01109 INSECT SCREENS ON N.I.OPERATES 1104921IS r '4� tes Invoice/Permit#: SDP-2015-0002 S - Applied date: 04/29/2015 • 8221-0547 Issue date: i r Expire date: 04/28/2016 elicc Permit Type: Shoreline Permit • Project: _ Finance Department 015366 0004 Maryellen 08/05/2015 11 :47AM to construct a 24 foot long by 48 foot wide detached garage on the subject property. PERMITS AND INSPECTIONS Contractor: AiiI AYLOR BLG-2.AA5-0384 Address: Single Family Alteration/Repair Permit New detached garage. Phone: issued 2015 Item: BLD-2015-0384 67.51 License#: Payment Id: 72236 CLIFFORD 7FIFMAN Fees: SDP-2015- Shoreline Permit Fee 750.00 Shor t Publications 154.32 Sh 'clonal Use Total Calculated: 904.32 p0, ruct a 24 Deposits/Receipts: 0.00 fr;u.. og gy 48 foot wide det,_, L ;d garage on the Total Due: 904.32 subje_,r property. - pending 2015 Item: SDP-2015-0002 904.32 Payment Id: 72237 971.83 Subtotal 971 .83 Total 971.83 CHECK 971 .83 Check Number 02088 Change due 0.00 Paid by: Taylor Design Architects II III II I I I III IIIII'�III II II I III II I ill III OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS, OR IF Thank you for your payment IDONED FORA PERIOD OF 180 DAYS AT ANY TIME AFTER WORK IS COMMENCED. THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT.ALL PROVISIONS E OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT, THE VE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR RFORMANCE OF CONSTRUCTION. CUSTOMER COPY DUPLICATE RECEIPT ISSUED BY Cityof Anacortes Invoice/Permit#: SDP-2015-0002 904 6th Street Applied date: 04/29/2015 P.O.Box 547 Issue date: thP 1 1. Anacortes, WA 98221-0547 Expire date: 04128I2016 Job Address: 4205 FIDALGO BAY RD Permit Type: Shoreline Permit ANACORTES WA 98221-8355 Project: APN: P33202 P33042 Remarks: Shoreline Conditional Use Permit to construct a 24 foot long by 48 foot wide detached garage on the subject property. Owner: CLIFFORD ZEIFMAN Contractor: Address: 5120 STATE HIGHWAY 6 Address: RIESEL TX 76682-3792 Phone: Phone: License#: General Information: Fees: Shoreline Permit 1 Shoreline Permit Fee 750.00 Publications 154.32 Total Calculated: 904.32 Deposits/Receipts: 0.00 Total Due: 904.32 THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 180 DAYS AT ANY TIME AFTER WORK IS COMMENCED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT.ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT, THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. SIGNATURE OF OWNER OR AUTHORIZED AGENT ISSUED BY • SHORELINE MANAGEMENT ACT OF 1971 PERMIT FOR SHORELINE CONDITIONAL USE PERMIT(SCUP): TYPE OF ACTION: I Substantial Development Application #: SDP-2015-0002 ® Conditional Use Permit Administering Agency: City of Anacortes Variance Permit Date Comp. App_ Received: 5/1/2015 ❑ Special Use Approved: Yes Decision Date: 6/24/2015 Pursuant to Chapter 90.58 RCW, the permit is hereby granted to: APPLICANT& LANDOWNER: • Clifford Zeifman 5120 State highway 6 Riesel, Texas 76682 AGENT: Al Taylor Taylor Design Architects P.O. Box 312 Clear Lake, WA 98235 TO UNDERTAKE THE FOLLOWING DEVELOPMENT: The applicant has applied for a Shoreline Conditional-Use Permit (SCUP) to permit the construction of one (1) detached 24 foot long by 48 foot wide garage accessory to an existing single-family residence. UPON THE FOLLOWING PROPERTY (PLEASE LIST LEGAL DESCRIPTION, I.E., SECTION TO THE NEAREST QUARTER SECTION, TOWNSHIP, RANGE): The site address is 4205 Fidalgo Bay Road, Anacortes,Washington.The subject property(s) is located in a portion of Section 30;Township 35 North; Range 02 East; Willamette Meridian. Within Fidalgo Bay shoreline jurisdiction and/or associated wetlands. A portion of this project ®will be I I will not be within shorelines of statewide significance (RCW § 90.58.030). 1 of The project is located within the CONSERVANCY (shoreline area) environment/designation. The following master program provisions are applicable to this development (state the master program section or page number). If a conditional use or variance, also identify the portion of the master program which provides that the proposed use may be a conditional use, or that portion of the master program being varied. (See attached Planning Commission's Decision) SHORELINE PERMIT(File tt: SDP-2015-0002): Development pursuant to this permit shall be undertaken pursuant to the following terms and conditions: 1. The scope of the project shall not exceed that as set-out in the shoreline permit application (including attachments), and in accordance with the determinations made and conditions imposed. Exhibit 9 shall be the approved site plan. 2. The project shall comply with all applicable Shoreline Master Program regulations, including but not limited to, Chapter 5, Shoreline Environments & Associated Policies and Regulations, Chapter 6, Environmental Protection General Regulations, Chapter 8, Specific Use Policies and Development Regulations, and Chapter 9 Specific Shoreline Modification Policies and Development Regulations. 3. A building permit(s) with the City of Anacortes' shall be secured prior to work. 4. The applicant shall be responsible for reimbursement to the City for the cost of posting, mailing and publication of the public hearing for this proposal. Payment shall be made prior to building permit issuance. 5. Prior to building permit submittal or approval, the applicant shall submit a landscape plan to the Planning Director for review and approval prepared by a qualified professional showing in detail mitigation proposed utilizing indigenous plants native to Western Washington. All plantings shall be planted and impervious surface removed (covered deck, trailer, and shed) according to the submitted ATSI critical report and site plan (Exhibits 7 &9 respectively) prior to building permit submittal or approval is given. 6. The landowner/applicant shall contact the Samish Indian Nation and verify if a Cultural Resource Survey of the subject property is required. If a Cultural Resource Survey is required, compliance with archeological resources requires the hiring of a professional archaeologist who meet the federal standards of the Secretary of the Interior and State Law. The landowner /applicant shall contact the State of Washington's Department of Archaeology and Historic Preservation (DAHP) to initiate the survey. Once the Cultural Resource Survey Report is complete and approved by the DAHP, a copy of the report shall be provided to the City of Anacortes's Department of Planning, Community, and Economic Development. The Cultural Resource Survey Report shall be obtained, reviewed, and approved by the DAHP and Samish Indian Nation before the City of Anacortes's will issue final short plat approval, building permits, land clearing permits, and /or grade and fill permits 2 of 3 7. If any artifacts or human remains are found upon excavation, the Samish Indian Nation; the City of Anacortes' Department of Planning, Community, & Economic Development; and the State of Washington's Department of Archaeology and Historic Preservation (DAHP) shall be immediately notified and the work in the immediate area cease. Pursuant to RCW § 27.53.060 it is unlawful to destroy any historic or prehistoric archaeological resources. RCW 27.44 and § 27.53.060 require that a person obtain a permit from the Washington State Department of Archaeology and Historic Preservations before excavating, removing, or altering Native American human remains or archaeological resources in Washington. This permit is granted pursuant to the Shoreline Management Act of 1971 and nothing in this permit shall excuse the applicant, owner, lessee, agent, successor or assigns from full compliance with any other federal, state or local statutes, ordinances or regulations applicable to this project, but not inconsistent with the Shoreline Management Act (Chapter 90.58 RCW). This permit may be rescinded pursuant to RCW § 90.58.140(8) in the event the permittee fails to comply with the terms or conditions thereof. Construction pursuant to this permit will not begin or is not authorized until twenty-one days from the date of filing as defined in RCW § 90.58.140(6) and WAC § 173-27-130, or until all review proceedings initiated within twenty-one days from the date of such filing have terminated, except as provided in RCW 90.58.140(5)(a),(b) and (c). June 25, 2015 Don Measamer, Shoreline Administrator Date This section for department use only in regard to a Conditional Use or Variance Permit: Date received by the Department: Approved: Denied: This shoreline conditional use permit is approved by the Department pursuant to Chapter 90.58 RCW. Development shall be undertaken pursuant to the following additional terms and conditions: Date 3 of 3 City of Anacortes Invoice/Permit#: BLD-2015-0264 904 6th Street Applied date: 06/03/2015 P.O.Box 547 Issue date: 06/30/2015 Cris Anacortes, WA 98221-0547 Expire date: 12/26/2016 (360) 293-1901 Job Address: 4205 FIDALGO BAY RD Permit Type: Fire Sprinkler Permit ANACORTES WA 98221-8355 Project: APN: P33202 P33042 • Remarks: Extend existing 13D fire sprinkler system for addition& remodel. Min permit#is BLD-2015-0062 Owner: CLIFFORD ZEIFMAN Contractor: X-FIRE Address: 5120 STATE HIGHWAY 6 Address: 1511 KENTUCKY ST RIESEL TX 76682-3792 BELLINGHAM WA 98229-4718 Phone: Phone: (360) 715-8088 • License#: XFIRE"961PN General Information: Fees: Building Valuation 4564 Building Permit Fee 111.25 Plan Review Fee 72.31 State Building Code Fee 4.50 Total Calculated: •188.06 Deposits/Receipts: 0.00 Total Due: 188.06 • I 7 :'u I- n e- rn m Ixl r n —� I to I, :; • . . • I I Irl • =a r _n o c:i u. SL 71.It .:� , rl ;X. 111 • y Co THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 180 DA1p,S, ORS I CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 180 DAYS AT ANY TIME AFTER WORK IS COMMENCED, HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT.ALL PR`OVISIZ Nai OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR HOT, , GRANTING OF A PERMIT DOES NOT PRESUME TO.GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER TAT D' LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. c. 0 �;r, CS]SIGNATURE OF OWNER OR AUTHORIZED AGENT ISSUED BY � � ' 6 City of Anacortes Invoice/Permit#: BLD-2015-0062 904 6th Street Applied date: 02/18/2015 'r P.O.Box 547 Issue date: 02/18/2015 1C Anacortes, WA 98221-0547 r ,'! ev. s.= (360) 293-1901 Expire date: 08/16/2016 Jve, Job Address: 4205 FIDALGO BAY RD Permit Type: Single Family Alteration/Repair Permit ANACORTES WA 98221-8355 Project: APN: P33202 P33042 Remarks: Remodel residence. Part of existing RV garage converted to living space. Owner: CLIFFORD ZEIFMAN Contractor: Address: 5120 HIGHWAY 6 Address: RIESEL TX 76682 Phone: Phone: License#: General Information: Fees: Building Valuation 185000 Building Permit Fee 1,469.75 #of Heat Pumps 1 Plan Review Fee 955.34 #of Bathtubs 3 State Building Code Fee 4.50 #of Lavatories 3 Mechanical Permit Fees 55.90 #of Water Closets 3 Plumbing Permit Fee 83.00 #of Ventilation Fans 3 Total Calculated: 2,568.49 Deposits/Receipts: 0.00 Total Due: 2,568.49 ;Z -II r- ram, rm7 51+ '"^ it' Ir.:. %.45 UJ •-% v t Cfl ,-t » ?x' �t -'. r t --J v't- t t .-r t:31 0 Cif 0 re 9--i Ct y;,, -11 1.0 Ifi w rD :—P• t,,:e NJ it, -TI CO rn r" THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS IMF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 180 DAYS AT ANY TIME AFTER WORK IS COMMV4ICEW Cta HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT.ALL Pk-oVIS YNj OF LAWS Alit ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR1NOT, HtFe GRANTING */';A PER IT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHEReTAT =O i LOCAL LA GULA NG CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. i:, rr! i - i..�e {.TI rP• N t co co 0 SIGNATU et' • `OW ER OR AUTHORIZED AGENT ISSUED BY ,_re U.S.DEPARTMENT OF HOMELAND SECURITY ELEVATION CERTIFICATE FEDERAL EMERGENCY MANAGEMENT AGENCY OMB No. 1660-0008 National Flood Insurance Program Important: Read the instructions on pages 1-9. Expiration Date: July 31, 2015 SECTION A—PROPERTY INFORMATION FOR INSURANCE COMPANY USE Al Building Owner's Name Grim Living Trust Policy Number: A2. Building Street Address(including Apt.,Unit,Suite,and/or Bldg. No.)or P.O.Route and Box No. Company NAIC Number 4205 Fidalgo Bay Road City Anacortes State WA ZIP Code 98221 A3. Property Description(Lot and Block Numbers,Tax Parcel Number,Legal Description,etc.) A portion on the SW 1/4 of the SW 1/4 of Section 30,Township 35,Range 2. Parcel 33202 A4. Building Use(e.g.,Residential,Non-Residential,Addition,Accessory,etc.)Residential A5. Latitude/Longitude:Lat.48d29'12.26" Long.122d35'48.46 Horizontal Datum: ❑ NAD 1927 ® NAD 1983 A6. Attach at least 2 photographs of the building if the Certificate is being used to obtain flood insurance. A7 Building Diagram Number 8 A8, For a building with a crawlspace or enclosure(s): A9. For a building with an attached garage: a) Square footage of crawlspace or enclosure(s) 3,500 sq ft a) Square footage of attached garage 2100 sq ft b) Number of permanent flood openings in the crawlspace b) Number of permanent flood openings in the attached garage or enclosure(s)within 1.0 foot above adjacent grade 0 within 1.0 foot above adjacent grade 0 c) Total net area of flood openings in A8,b 0 sq in c) Total net area of flood openings in A9,b 0 sq in d) Engineered flood openings? 0 Yes ® No d) Engineered flood openings? 0 Yes ® No SECTION B—FLOOD INSURANCE RATE MAP(FIRM)INFORMATION B1,NFIP Community Name&Community Number B2.County Name 83.State City of Anacortes Skagit County Washington 64.Map/Panel Number B5. Suffix B6.FIRM Index Date B7.FIRM Panel B8.Flood B9. Base Flood Elevation(s)(Zone 530170080A C Effective/Revised Date Zone(s) AO,use base flood depth) September 17,2003 AE 7' B10. Indicate the source of the Base Flood Elevation(BFE)data or base flood depth entered in Item B9. ❑ FIS Profile ® FIRM ❑ Community Determined 0 Other/Source: B11 Indicate elevation datum used for BFE in Item B9: ® NGVD 1929 ❑ NAVD 1988 0 Other/Source: B12. Is the building located in a Coastal Barrier Resources System(CBRS)area or Otherwise Protected Area(OPA)? 0 Yes ® No Designation Date: ❑ CBRS ❑ OPA SECTION C—BUILDING ELEVATION INFORMATION(SURVEY REQUIRED) Cl. Building elevations are based on: 0 Construction Drawings` 0 Building Under Construction" ® Finished Construction 'A new Elevation Certificate will be required when construction of the building is complete. C2. Elevations—Zones Al—A30,AE,AH,A(with BFE),VE,V1—V30,V(with BFE),AR,AR/A,AR/AE,AR/A1—A30,AR/AH,AR/AO.Complete Items C2.a—h below according to the building diagram specified in Item A7.In Puerto Rico only,enter meters. Benchmark Utilized:GPS SmartNet North Americ Vertical Datum: NAVD88 Indicate elevation datum used for the elevations in items a)through h)below. ® NGVD 1929 ❑NAVD 1988 ❑Other/Source: Datum used for building elevations must be the same as that used for the BFE. Check the measurement used. a) Top of bottom floor(including basement,crawlspace,or enclosure floor) 11.4 ®feet ❑meters b) Top of the next higher floor 14.4 ®feet 0 meters c) Bottom of the lowest horizontal structural member(V Zones only) 0 feet ❑meters d)Attached garage(top of slab) 13.0 ®feet 0 meters e) Lowest elevation of machinery or equipment servicing the building 0 feet 0 meters (Describe type of equipment and location in Comments) f) Lowest adjacent(finished)grade next to building(LAG) 12,4 ®feet 0 meters g) Highest adjacent(finished)grade next to building(HAG) 12.7 ®feet 0 meters h) Lowest adjacent grade at lowest elevation of deck or stairs,including structural support 0 feet 0 meters SECTION D—SURVEYOR,ENGINEER,OR ARCHITECT CERTIFICATION :' This certification is to be signed and sealed by a land surveyor,engineer,or architect authorized by law to certify elevation ~n 3r:�z information.I certify that the information on this Certificate represents my best efforts to interpret the data available. per WAS �'• I understand that any false statement may be punishable by fine or imprisonment under 18 U.S.Code,Section 1001. • Ad ® Check here if comments are provided on back of form. Were latitude and longitude in Section A provided by AO, t w 0 Check here if attachments, licensed land surveyor? ® Yes ❑ No • Certifier's Name Dale Herrigstad PLS License Number 27807 ; grA . Title President Company Name Herrigstad Engineering S Address 4230 Whistle Lake•Road City Anacortes State WA ZIP Code 98221 51,` ONAC IAKS ` Signature Date August 14,2014 Telephone 360-299-8804 FEMA Form 086-0-33(7/12) See reverse side for continuation. Replaces all previous editions. 4. ELEVATION CERI IFICATE, page Z IMPORTANT: In these spaces,copy the corresponding information from Section A. FOR INSURANCE COMPANY USE Building Street Address(including Apt.,Unit,Suite,and/or Bldg.No.)or P.O.Route and Box No. Policy Number: . 6356 West Shore Road City Anacortes State WA ZIP Code 98221 Company NAIC Number: SECTION D-SURVEYOR,ENGINEER,OR ARCHITECT CERTIFICATION(CONTINUED) Copy both sides of this Elevation Certificate for(1)community official,(2)insurance agent/company,and(3)building owner. Comments The conversion from NAVD 88 to NGVD 29 is minus 3.77 Signature Date August 14,2014 SECTION E-BUILDING ELEVATION INFORMATION(SURVEY NOT REQUIRED) FOR ZONE AO AND ZONE A(WITHOUT BFE) For Zones AO and A(without BFE),complete Items El-E5.If the Certificate is intended to support a LOMA or LOMR-F request,complete Sections A,B, and C.For Items El-E4,use natural grade,if available,Check the measurement used.In Puerto Rico only,enter meters. El Provide elevation information for the following and check the appropriate boxes to show whether the elevation is above or below the highest adjacent grade(HAG)and the lowest adjacent grade(LAG). a)Top of bottom floor(including basement,crawlspace,or enclosure)is 0 feet 0 meters 0 above or 0 below the HAG. b)Top of bottom floor(including basement,crawlspace,or enclosure)is 0 feet 0 meters 0 above or 0 below the LAG. E2. For Building Diagrams 6-9 with permanent flood openings provided in Section A Items 8 and/or 9(see pages 8-9 of Instructions),the next higher floor (elevation C2.b in the diagrams)of the building is ❑feet 0 meters 0 above or 0 below the HAG. E3. Attached garage(top of slab)is 0 feet 0 meters 0 above or 0 below the HAG. E4. Top of platform of machinery and/or equipment servicing the building is ❑feet ❑meters 0 above or❑below the HAG. E5. Zone AO only: If no flood depth number is available,is the top of the bottom floor elevated in accordance with the community's floodplain management ordinance? 0 Yes 0 No 0 Unknown.The local official must certify this information in Section G. SECTION F-PROPERTY OWNER(OR OWNER'S REPRESENTATIVE)CERTIFICATION The property owner or owner's authorized representative who completes Sections A,B,and E for Zone A(without a FEMA-issued or community-issued BFE) or Zone AO must sign here.The statements in Sections A,B,and E are correct to the best of my knowledge. Property Owner's or Owner's Authorized Representative's Name Address City State ZIP Code Signature Date Telephone Comments ❑Check here if attachments. SECTION G-COMMUNITY INFORMATION(OPTIONAL) The local official who is authorized by law or ordinance to administer the community's floodplain management ordinance can complete Sections A,B,C(or E),and G of this Elevation Certificate.Complete the applicable item(s)and sign below.Check the measurement used in Items G8-G10.In Puerto Rico only,enter meters. G1.❑ The information in Section C was taken from other documentation that has been signed and sealed by a licensed surveyor,engineer,or architect who is authorized by law to certify elevation information. (Indicate the source and date of the elevation data in the Comments area below.) G2. 0 A community official completed Section E for a building located in Zone A(without a FEMA-issued or community-issued BFE)or Zone AO. G3. 0 The following information(Items G4-G10)is provided for community floodplain management purposes. G4.Permit Number G5. Date Permit Issued G6. Date Certificate Of Compliance/Occupancy Issued G7 This permit has been issued for ❑New Construction 0 Substantial Improvement GB. Elevation of as-built lowest floor(including basement)of the building: ❑feet 0 meters Datum G9. BFE or(in Zone AO)depth of flooding at the building site: 0 feet 0 meters Datum G10.Community's design flood elevation: __ 0 feet ❑meters Datum Local Official's Name Title Community Name Telephone Signature Date Comments ❑Check here if attachments. FEMA Form 086-0-33(7/12) Replaces all previous editions, ELEVATION CERTIFICATE, page 3 Building Photographs See Instructions for Item A6. IMPORTANT: In these spaces,copy the corresponding information from Section A. FOR INSURANCE COMPANY USE Building Street Address(including Apt.,Unit,Suite,and/or Bldg.No.)or P.O.Route and Box No. Policy Number: 4205 Fidalgo Bay Road City Anacortes State WA ZIP Code 98221 Company NAIC Number: If using the Elevation Certificate to obtain NFIP flood insurance, affix at least 2 building photographs below according to the instructions for Item A6. Identify all photographs with date taken; "Front View" and "Rear View"; and, if required, "Right Side View" and "Left Side View." When applicable, photographs must show the foundation with representative examples of the flood openings or vents, as indicated in Section A8. If submitting more photographs than will fit on this page, use the Continuation Page. • North and west view taken 8-14-2014 FEMA Form 086-0-33(7/12) Replaces all previous editions. ELEVATION CERTIFICATE, page 4 Building Photographs Continuation Page IMPORTANT: In these spaces,copy the corresponding information from Section A. FOR INSURANCE COMPANY USE Building Street Address(including Apt.,Unit,Suite,and/or Bldg.No.)or P.O.Route and Box No. Policy Number: 4205 Fidalgo Bay Road City Anacortes State WA ZIP Code 98221 Company NAIC Number: If submitting more photographs than will fit on the preceding page, affix the additional photographs below. Identify all photographs with: date taken; "Front View" and "Rear View"; and, if required, "Right Side View" and "Left Side View." When applicable, photographs must show the foundation with representative examples of the flood openings or vents, as indicated in Section A8. • • • a ` 1 , L M a • • South and east view taken 8-14-2014 FEMA Form 086-0-33(7/12) Replaces all previous editions. 1011604-1 0001 04/26/2010 002 4 Permit Fees 008666 $97.73 �j%t Off, City of Anacortes Permit#: BLD-2010-0143 • 904 6th Street Issue date: 04/26/2010 `: P.O.Box 547 Expire date: 10/23/2011 to: Anacortes, WA 98221-0547 1q ' •` (360) 293-1901 ,tea tt,d Job Address: 4205 FIDALGO BAY RD Permit Type: Single Family Alteration/Repair Permit ANACORTES WA 98221-8355 Project: APN: P33042 P33202 Remarks: Temporary deck cover, Owner: GRIMM JOSEPH D Contractor: BAKER CONSTRUCTION Address: 6315 NE 63RD ST Address: . 3204 0 AVE VANCOUVER WA 9 8661-1 909 ANACORTES WA 98221-2640 Phone: Phone: (360)588-9559 License#: BAKERC*999B9 General Information: Fees: Building Valuation 6000 Building Permit Fee 56.50 Plan Review Fee 36.73 State Building Code Fee 4.50 Total Calculated: 97.73 Deposits/Receipts: 0.00 Total Due: 97.73 THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 180 DAYS AT ANY TIME AFTER WORK IS COMMENCED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT, THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOC>L LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. SIGNATURE OF OWNER OR AUTHORIZED AGENT ISSUED BY r� l �._ . . x PP. 7 . .7 . " • . . . . . . . . • u - . • . • a - . . .T i - . . . . 0 - • • , . 1R X+.6. - . -•• - - - . . _ . _ .... _,,,, ?to, 4-4(011- ' • --. - ' " Z I a �- - = ithty � s url xi- or i-\Clit\le`` Miff • ` �(�cb • - -.,...4K11 __ ®.__ 1 ,. . & : .. $1 62_ fin do cLeft, 5 t , tu14-4 0, cv- + ,,torztv t t / I./elk/ ac-Ker.5- -14-k-w41A 5 f de' Op/ . MI . 6 . ---;'• . . . ------- at . . ' ____---:----' , . • , U . . _ . 12 'T __ -- _ • 0- ° .4------ .! Milk Nit,aosta. , , ‘.. . . . . , , • • .i• . 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Sin&Unit alikoft:• Ones . .. • • • . 34041111A10:• 'Sett Semite Aiwartesi,Wit MIMI . . . . . 1010404-1 0003 04/15/2010 002 4 Permit Fees 008666 $34.15 Z`r O�y:, City of Anacortes Permit#: BLD-2010-0131 904 6th Street Issue date: 04/08/2010 P.O.Box 547 co• Oi Anacortes, WA 98221-0547 Expire date: 10/05/2011 cr ', (360) 293-1901 Job Address: 4205 FIDALGO BAY RD Permit Type: Mechanical Permit ANACORTES WA 98221-8355 Project: APN: P33042 P33202 Remarks: Install gas fireplace Owner: GRIMM JOSEPH D Contractor: CRAFT STOVES INSTALLATIONS, IN Address: 6315 NE 63RD ST Address: 900 W DIVISION ST VANCOUVER WA 98661-1909 MOUNT VERNON WA 98273-3226 Phone: Phone: (360)336-2532 License#: CRAFTSI97OBT General Information: Fees: #of Gas Fireplace 1 Mechanical Permit Fees 34.15 Total Calculated: 34.15 Deposits/Receipts: 0.00 Total Due: 34.15 THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 180 DAYS AT ANY TIME AFTER WORK IS COMMENCED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT, THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. SIGNATURE OF OWNER OR AUTHORIZED AGENT ISSUED BY • ■ y o CITY OF ANACORTES v y WASHINGTON .. / K BUILDING DEPARTMENT CERTIFICATE OF OCCUPANCY This is to certify that the(Description of Building or Structure): New Single Family Residence 'i. Located At: 4205 Fidalgo Bay Road �-: STREET&NUMBER •. Owner: Don Grimm Constructed By: Strandberg Construction OWNER OR CONTRACTOR Bldg. Permit#: BLD--2003-8247 Date Issued: 4a21 04 Occ.Group: R3 Use Zone: R2 (i Has Been InspectedAnd Occupancy Is Hereby Authorized. • This 20th Day of October 20 04 AUTHORIZING OFFICIAL SEE REVERSE SIDE FOR SPECIAL REQUIREMENTS. 6, ;S 1: ^P Y 0 ., City of Anacortes Permit#: BLD-2003-9159 904 6th Street Issue date: 12/24/2003 " P.O.Box 547 Expire date: 12/23/2004 ' Anacortes, WA 98221-0547 �0� w. (360) 293-1901 Job Address: 4205 FIDALGO BAY RD Permit Type: Fire Alarm Permit ANACORTES WA 98221 Project: APN: Remarks: Install fire sprinkler system in single family residence. Owner: DON GRIMM Contractor: HYDRO TECH FIRE PROTECTION INC Address: 6315 NE 63RD ST Address: PO BOX 40 VANCOUVER WA 98661 BRUSH PRAIRIE WA 98606 Phone: (360)693-8888 Phone: License#: General Information: Fees: Building Valuation 12000 Plan Review Fee 109.69 State Building Code Fee 4.50 Building Permit Fee 168.75 Total Calculated: 282.94 Deposits/Receipts: 0.00 Total Due: 282.94 II THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 180 DAYS AT ANY TIME AFTER WORK IS COMMENCED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT, THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. 41 M(a . Q Mttint IJ.Q t-)eQ.( % SIGNATURE OF OWNER OR AUTHORIZED AGENT I SUaD BY F 4 ACDGunthiy Date; Well, Dec 14, 2u03 Date/Time: Wed, Dec 24, 2003 9:18 AM *4********************t****t*c*******, '100/PERMIT FEES _4:4205 FIDALGO BAY ROAD Fee Amount: $282 ------------------- Receipt Total = $282 4*********4**********4************4* Payment Data: :# :1 Payer: HYDRO TECH Method: CK Ref4: 5194 Mount = $282,9 Receipt Summary Total Tendered = '282 ReCelpt Tn*Dl ' '82, 2Y Del A �f SHORELINE MANAGEMENT ACT PERMIT DATA SHEET AND TRANSMITTAL LETTER PERMIT NO: 290 FROM: PLANNING DEPARTMENT TO: BOB FRITZEN CITY OF ANACORTES DEPARTMENT OF ECOLOGY P.O. Box 547 1204 RAILROAD AVE., STE 200 ANACORTES, WA 98221 BELLINGHAM, WA 98225 DATE OF TRANSMITTAL: FEBRUARY 13, 2006 DATE OF RECEIPT: TYPE OF PERMIT: SUBSTANTIAL DEVELOPMENT ® CONDITIONAL USE VARIANCE I I REVISION SPECIAL I I LOCAL GOVERNMENT DECISION: APPROVAL® CONDITIONAL APPROVAL DENIAL APPLICANT INFORMATION APPLICANT'S REPRESENTATIVE: NAME: MR. DON GRIMM NAME: NELS STRANDBERG 4205 FIDALGO BAY ROAD ADDRESS: STRANDBERG CONSTRUCTION ANACORTES, WA 98221 P.O. Box 319 PHONE(s) (360)293-1815 ANACORTES, WA 98221 PHONE: (360)293-7431 IS THE APPLICANT THE PROPERTY OWNER?YES ® No ❑ LOCATION OF THE PROPERTY: (SECTION, TOWNSHIP AND RANGE TO THE NEAREST 1/4, 1/4 SECTION OR LATITUDE AND LONGITUDE,AND A STREET ADDRESS WHERE AVAILABLE) GENERALLY, 4205 FIDALGO BAY ROAD, APPROXIMATELY .3 MILES NORTH OF FIDALGO BAY RESORT, EAST OF HIGHWAY 20, TRACTS 11, 12, AND 13, ANACORTES TIDES AND SHORELANDS, SECTION 30, TOWNSHIP 35 NORTH, RANGE 2 EAST,ANACORTES, SKAGIT COUNTY, WASHINGTON WATER BODY NAME: FIDALGO BAY SHORELINE OF STATEWIDE SIGNIFICANCE: YES® No ENVIRONMENT DESIGNATION: URBAN II DESCRIPTION OF PROJECT: (SUMMARY OF THE INTENDED USE OR PROJECT PURPOSE) Add a caretaker's house to an existing single family residence NOTICE OF APPLICATION DATE: OCTOBER, 2005 FINAL DECISION DATE: FEBRUARY 8, 2006 BY: IAN S. MUNCE, PLANNING DIRECTOR (360)299-1942 9/30/96(CH.173-27 WAC--r.15) • Girt Y.-0 Shoreline Management Act of 1971 Permit for Shoreline Management Substantial Development Conditional Use or Variance Type of Action X Substantial Development Application No: 290 Conditional Use Permit Administering Agency: City of Anacortes Variance Permit Date Received: October, 2005 Special Use Approved: yes Date: February 8, 2006 Pursuant to Chapter 90.58 RCW, a permit is hereby granted to: Name and Address of Applicant: Mr. Don Grimm 4205 Fidalgo Bay Road Anacortes, WA 98221 to undertake the following development (please be specific) Add a caretaker's house to an existing single family residence upon the following property (please list the legal description, i.e., section to the nearest quarter section, township, range) Generally, 4205 Fidalgo Bay Road, approximately .3 miles north of Fidalgo Bay Resort, east of Highway 20, Tracts 11, 12, and 13, Anacortes Tides and Shorelands, Section 30, Township 35 North, Range 2 East, Anacortes, Skagit County, Washington. within Fidalgo Bay and/or their associated wetlands. A portion of this project will be/not—be within shorelines of statewide significance (RCW 90.58.030). The project will be located within an Urban II (shoreline area) designation. The following master program provisions are applicable to this development (state the master program section or page number.) If a conditional use or variance, also identify the portion of the master program which provides that the proposed use may be a conditional use, or that portion of the master program being varied. (See Shoreline Administrator's "Findings of Fact") - Development pursuant to this permit shall be undertaken pursuant to the following terms and conditions: • Shoreline Permit#290 1. The scope of this project shall not exceed that set-out in the shoreline application (including attachments), and the accompanying SEPA checklist (including attachments). 2. Any necessary approvals from the State Fish and Wildlife Department, the State Department of Natural Resources, and the U.S. Army Corps of Engineers shall be secured prior to any City building permits being issued for this project. 3. Building permits shall be secured for this project prior to any construction activities occurring on-site. 4. This project is subject to applicable water, sewer, and stormwater general facility and hookup fees and transportation, fire, school, and park impact fees. These fees are payable at levels in effect at the time of building permit issuance and may differ from those fee levels currently in effect; sewer and water latecomer charges may be payable. 5. The project shall comply with the City of Anacortes construction standards as required by the Director of Public Works for water, sewer, and street access, and storm drainage. All work performed within public rights-of-way shall comply with City construction standards and all utilities shall be constructed to City standards. 6. Engineering and Inspection fees in the amount of $500 plus 2% of the total construction cost shall be due at or before the mandatory pre-construction conference. No construction activity is allowed until construction plans are approved, fees have been paid and the pre-construction conference completed. 7. Prior to clearing or fill and grade beginning, both a small parcel stormwater plan and a water quality control plan, as spelled out in the City's Storm Drainage Ordinance # 2441, shall be prepared by the applicant, approved by the City Department of Public Works, approved by the Planning Commission (after an opportunity for public comment), and implemented. The water quality control plan shall address permanent best management practices to be incorporated in the project to control pollution of stormwater runoff after construction and/or land clearing activities are completed. All off-site stormwater improvements shall be made before construction or vegetation removal begins. 8. A minimum 25 foot vegetated buffer shall be restored landward of the Ordinary High Water Mark along the entire parcel frontage as separately approved by the Planning Commission as part of a detailed landscaping plan. Restoration of beach shading vegetation shall include an appropriate degree of shade cover over the upper beach. This cover should include deciduous native trees selected from big leaf maple, red alder, or salt tolerant willow species. 9. The buffer restoration plan shall be provided for Planning Commission review and approval prior to building permit issuance, clearing, or grading taking place. 10. The caretaker's quarters shall be setback at least 20 feet from the City-owned Tommy Thompson Parkway property. 11. Public access shall be provided along the parcel's entire beach frontage 2 Shoreline Permit#290 12. An approved fire apparatus access turnaround shall be provided within 150 feet of the proposed guest house. 13. An approved fire hydrant shall be provided within 200 feet of the proposed caretaker's quarters; said caretaker's quarters shall not be leased or rented. 14. Project grading shall not encroach onto adjacent parcels. 15. Any violation of this permit and its conditions shall constitute a violation of the State Shoreline Management Act and its regulations and be subject to its penalties. This permit is granted pursuant to the Shoreline Management Act of 1971 and nothing in this permit shall excuse the applicant from compliance with any other federal, state, or local statutes, ordinances, or regulations applicable to this project, but not inconsistent with the Shoreline Management Act (Chapter 90.58 RCW). This permit may be rescinded pursuant to RCW 90.58.140(8) in the event the permittee fails to comply with the terms or conditions hereof. Construction pursuant to this permit will not begin or is not authorized until thirty days from the date of filing as defined in RCW 90.58.140(6) and WAC 173-14-090, or until all review proceedings initiated within thirty days from the date of such filing have terminated: Except as provided in RCW 90.58.140(5)(a)(b)(c). V/ 4( Ian S. Munce, Shorelines Administrator / Date ********«******»<..<*:**************************:*********.»*********************** **********...»...<.«, This section for department use only in regard to a Conditional Use or Variance Permit Date received by the Department Approved Denied This conditional use/variance permit is approved by the Department pursuant to Chapter 90.58 RCW. Development shall be undertaken pursuant to the following additional terms and conditions: Date 3 313°4 \''\ . . a -\\ . 3803 L., \ FIDALGO N.T.S. 809 \ ;.:'\ • 39I) 2 1 I \ `� O\i0 D 1 ' , I�p`\ 1 ao A cola LJ � ._____H„ . .,/, \ . \ i0 y a \\\ IIII I Vj [ 2\ 4 \ / \\ \ IIIIIIithrb \ \ \\ \ \ fll`\� \ \4:.3.2, \aZ035/ \ \ �`9118 \d 92 1 \ /' �\ \ � Vy �/�L/l°�\\ \\fib \ \` O tom►. \ �'' \ \ \ ` , 1U 0 ; ., \ ` ,, \� \ \ J BAY \ lts a / \ \ \\ j7 }�/\ �\ \. / o �� \ \ \, O 930p \ � 9Z2-0 \' \� m \ 8 1 \\\\ 7-e - l o6 309... 303 lontan -_769-:: .�. p C\.\ t • \ v ^ � i 2t1 \ sD \ o, Q t<\ ,nisi I a \ \ �� A \ \/> REVISED: DATE: 01 -19-05 csr op 4205 FIDALGO BAY ROAD 00-00-00 COMPUTER NAME: 4205FBR.dwq CONDITIONAL USE CREATED BY: CITY OF ANACORTES GIS VICINITY MAC 904 6TH STREET a, ANACORTES, WA 98221 aCpR RNH J Gl "._•Oic." 1 , Ai q: cOggef. Before the Planning Commission, City of Anacortes Shoreline Management Substantial Development/Special Use Permit Application by Mr. Don Grimm I Single Family Residence—4205 Fidalqo Bay Road Shoreline Permit# 290 Findings of Fact and Conclusions of Law and Decision Thereon FINDINGS OF FACT i 1. General Background 1.1 The City of Anacortes Planning Director has been designated the Shorelines "Administrator" and "Environmental Officer" for the City of Anacortes Shoreline Management Master Plan. 1.2 Under Section 11: Permit Procedure: 1.2.1. Upon determination that:a substantial,deuelopment permit.is required,,the:applicant shall obtain a Shoreline Management Substantial Development Permit Application Form from the-Shoreline Adrninistrator- 1.2.2. Upon receipt of the application,"the ShorelineAdininistrator Shall publish notices of the application once ;"a: week for two.;consecutive;-weeks in a newspaper of.gene0l I circulation in the City:of Anacortes.. in addition, the Shoreline Administrator shall::post at least:four copies of thecOpieS'of tt notice on the;subject property or in conspicuous public places 'within.73QQ feet thereof'. `Within thirty:days fol.thethe final publication:of notice, any interested"person may sutmit-hislher views upon the:application,in writing: to,the Shoreline Administrator. All persons' "submitting written' views or, in writing, requesting notice-.shall be entitled .to- receive a copy of the action taken`.On the i application. 1.2.3. As' a 'part of, the !substantial,"development-:permit_,reyiew process, the Planning Commission will.bold a Public.hearing:on the application. 1.2.4. After the hearing, the Shoreline Administrator shall recommend approval-or denial of the permit to the Planning Commission. 1.2.5. Following a final decisiononthe:permit by the;City,the"application shall be forwarded to the-Department'of:Ecolbgy:forstate review and filing. 1.2.6. Construction pursuantto"the°permit"may commence_following the State ur1less:anappeal h:been'filed,.and all applicable perrnits-have been secured: 1.3 In October, 2005 Mr. Don Grimm applied for a Shoreline Substantial Development/Conditional UseNariance/Special use Permit to develop a caretaker residence located at 4205 Fidalgo Bay Road, approximately .3 miles north of Fidalgo Bay Resort, east of Highway 20, Tracts 11, 12, and 13, Anacortes Tides and Shorelands, Section 30, Township 35 North, Range 2 East, Anacortes, Skagit County, Washington. The application is Exhibit 1 . 1.3.1 The vicinity maps and site plan are shown as Attachment A to Exhibit 1. 1.3.2 With this application the owners propose a caretaker's home with new trees and landscaping; once this project is complete the existing caretaker's trailer will be removed from the site. I 1.4 The proposed project is located on Fidalgo Bay. 1.5 The City previously issued Conditional Use Permit # 01-001 to Mr. Don Grimm for the development of a single family residence at 4205 Fidalgo Bay Road. A second Conditional Use and Shoreline Permit are necessary to construct the proposed caretaker's residence. 1.6 Applicant: Representative: Mr. Don Grimm Mr. Nels Strandberg 4205 Fidalgo Bay Road Strandberg Construction Anacortes, WA 98221 360.293.1815 P.O. Box 319 Anacortes, WA 98221 360.293.7431 2. State Environmental Policy Act 2.1 The Planning Director has been designated the responsible official for those proposals for which the City is the lead Agency. A Mitigated Determination of Nonsignificance (hereinafter "MDNS") was issued for this project November 30, 2005 by the City of Anacortes, the SEPA lead agency. (Exhibit 2 - includes Environmental Checklist and attachments.' 2.2 This lead agency determined that the Grimm proposal does not have a probable significant adverse impact on the environment provided that the conditions set-out below are satisfied. Accordingly, an environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. 1. A minimum 25' vegetated buffer shall be restored landward of the Ordinary High Water Mark along the project frontage. Restoration of beach shading vegetation shall include an appropriate degree of shade cover over the upper beach. This cover should include deciduous native trees selected from big leaf maple, red alder, or salt tolerant willow species. 2.3 The MDNS was made available for public comment on November 30, 2005, and mailed to the following agencies with a deadline for public comment of December .23, ,2005: State Department of Ecology—Olympia 4.3.1 No letters of comment were received in response to this MDNS. 2.4 The MDNS was published in the Anacortes American on December 7, 2005, again with a deadline for public comment of December 23, 2005. 2.5 The MDNS was posted on the project site. 2 • 3.0 Notice 3.1 Section 11: "Permit Procedure", (2.) states, in part: tJpara! receipt::of :the_ a..pplicatfon ttO Shoreline. Ackeinistrator shall publish notices of;the of,:colon,once,a Week for tyjJ c Isaotile weeks in a 'newspaper.of:generat Circulation in tfio;,G,itl:o„f.Anacortes,:::Ir '-edditiOttillnSiiciltlirjeAdMirilStrator shall post at,least four.copies",of the€!notice;proinieently'o n the:141 cf`pr�pertyyor in.conspicuous public places within 300`feet ttjgreof Within thirty day0Yof ttt'gf ot5licgtion of notice, any interested person ma y submit EllI 'tet,Views upon;theuapp IE 't`;.`iiv ebfi t rhino, :to the:Sh Admi nistrator. All.persons' sutlmitting,writterY'.jrieuars;or,:44ititip,tegfieating notice.e- alt,be entitled to receive a copy;of the ectiibri taken on the.application: 3.2 Notice of Shoreline Substantial Development/Conditional UseNariance/Special Use Application, Notice of Public Hearing, and Notice of Completeness, were published in the Anacortes American on December 7, 2005 and December 14, 2005 (See Exhibit 3) and four copies of the Notice were posted on the site and copies were also posted at the Municipal Building, Library and Post Office on December 7, 2005(Exhibit 4 ). 3.3 Because the public hearing involved a Shoreline Substantial Development Permit, copies of the Notices were mailed to property owners within 300 feet of the exterior boundaries of the subject property on December 5, 2005. 3.3.1 Two letters of comment were received in response to this Notice. Exhibit 5: December 20, 2005 letter from Patrick E. Pressentin Exhibit 6: January 13, 2006 letter from People for Puget Sound 3.4 Written staff comments were received and incorporated into these Findings as follows: The application was received on October 25, 2005 and distributed to City staff on October 25, 2005 requesting that the Planning Department be notified of any additional information needed to evaluate the application. The Development Review Group (DRG) met on November 8, 2005 to submit recommendations on merits of the application and conditions regarding vegetated buffer, fire apparatus, grading, and a landscaping plan (Exhibit 7). No additional information was requested and the application was determined to be complete and the applicant notified. Conditions 9 through 15 reflect staff and Planning Commission recommendations. All applicable ordinances and standards will apply when the site plan accompanies a Building Permit application. All departments will impose those standards through the Plan Review process. Proposed conditions 1-8 are standard conditions. It is noted that additional issues will be addressed in City staff's review of the Building Permit Application that will follow on from approval, if granted, of this application. 3.5 The 30-day application review period for this project ended on January 13, 2006 and the SEPA review period also ended on December 23, 2005. The Environmental Officer forwarded Findings of Fact and Conclusions of Law to the Planning Commission on February 8, 2006. The Planning Commission reviewed this permit on January 25, 2006 and February 8, 2006 and held a site visit on the afternoon of February 8, 2006. 3.5.1 The following documents were presented at the January 25, 2006 Public Hearing. Exhibit 6: January 23, 2006 Memorandum from Nels Strandberg in response to DRG conditions together with a Landscaping Plan 3 Exhibit 7: Photographs from Patrick Pressentin 3.5.2 The following documents were presented prior to the February 8, 2006 continued Public Hearing. Exhibit 8: Planning Commission Minutes and Findings of Fact for the Grimm 2001 Conditional Use Permit Exhibit 9: February 2, 2006 memorandum and utility maps from Don Measamer Exhibit 10: Additional information submitted by applicant: parcel areas; 2002 report on condition of property; photographs; parcel map and aerial photos; overall site plan Exhibit 11: February 3, 2006 letter from Nels Strandberg referencing material submitted in Exhibit 10 Exhibit 12: Biological Site Assessment, June 2, 2003, Advanced Environmental Solutions 3.6 On February 8, 2006 the Planning Commission took action on this matter as follows: The Planning Commission voted to approve the Shoreline Substantial Development Permit application based on the Findings and Conclusions as set-out in this Report and subject to the conditions set-out on pages 9-12. 4.0 Shoreline Master Plan 4.1 The subject property is in a shoreline area designated Urban II by the Shoreline Master Plan for the City of Anacortes. This designation is primarily for those areas which contain a mixture of water-oriented commercial, light manufacturing, and high density residential uses (and non-water oriented development, provided that a substantial amount of public access is provided) ( emphasis added). 4.1.1 Uses include, but are not limited to: (1) ferry terminals (2) urban parks and water- oriented commercial recreation facilities (3) restaurants (4) resorts, convention centers, and hotels (5) marinas (6) shops and markets. 4.1.2 The proposal constitutes a non-water orientated development that is located in the appropriate shoreline designation provided that a substantial amount of public access is included in the project design. 4.2 The applicable goats and policies of the Shoreline Master Plan have been addressed by this application as described below. 4.2.1 GOALS AND OBJECTIVES SHOREINE USE ELEMENT GOAL (B) Achieve uses and development which increase and preserve public physical and visual shoreline access. Objective: - Develop existing public view and access easements to facilitate public access to the water and to the shoreline and pursue additional public and private access opportunities. 4 III PUBLIC ACCESS ELEMENT GOAL Increase uses and activities which attract public to shorelines. Objective: Encourage development of facilities (restaurants, shops, markets) which attract the public to appropriate shoreline areas. 4.2.1.1 As designed and conditioned below, the proposed project will implement these goals and objectives. 4.2.2. SECTION 20: Use-Activity Policies and Regulations 8) RESIDENTIAL DEVELOPMENT: Buildings, earth modifications, subdivision and use of land primarily for human residence. Policies b. Over-water construction is prohibited. c. Construction which obstructs existing shoreline view, is discouraged. Regulations c. Single family subdivisions and multi-family residences on waterfront property shall provide for regulated public access to the water or to water view sites. 4.2.2.1 As designed and conditioned below, these policy and public access objectives, and regulations will be met. 5.0 Zoning Ordinance 1 5.1 The City Zoning Map establishes zone boundaries and the City Zoning Ordinance establishes (1) the permitted use of land in the various zones and (2) development standards. 5.2 The subject property is in a Commercial Marine (CM) use District - Chapter 17.21 of the Anacortes Municipal Code, Title 17, Zoning. 5.2.1 Section 17.21.010 - "Purpose" states: The Commercial Marine use District (CM) is established in recognition of the unique and irreplaceable nature of certain marine sites within Anacortes, and creates a special commercial district providing for the establishment of such uses as marinas, boat docking facilities, and other commercial enterprises were orientation to navigable waterways and tourism trade is of prime importance. Use in this district are intended to serve the needs of marine oriented and tourist activity, and not to create large scale commercial centers providing basic goods and services to the entire community 5.2.2 Section 17.22.020 - "Permitted Uses": Boat moorage, ship building, private and public F1 marinas, repair facilities for repair of small craft, boat and marine equipment sales and services. Small scale retail sales and specialty shops, eating and drinking establishments, offices, boatels, hotels, motels, indoor and outdoor public and private recreation facilities. Movie theaters. Parks 5.2.3 Section 17.22.040 — "Conditional Uses" Conditional Uses in a CM district shall be as follows: C). Single family homes (See Findings of Fact and Conclusions of Law for the Grimm Conditional Use Permit. 5 6.0 Findings of Fact 6.1 The requirements of the State Environmental Policy Act have been complied with. 6.2 The Public Notice and Public Hearing requirements of the Shoreline Management Act have, been complied with. 6.3 The project as conditioned below is consistent with the shoreline designation, general goals and objectives of the Anacortes Shoreline Master Plan. 6.4 The proposed use will not have a significant adverse effect on the environment or adjacent or nearby uses, and in fact will bring additional benefits in line with the shoreline designation of the site. 7.0 Conclusions Shoreline Substantial Development Permit # 290 should be issued to Mr. Don Grimm for the construction of a caretaker's residence at 4205 Fidalgo Bay Road subject to the conditions that: 1. The scope of this project shall not exceed that set-out in the shoreline application (including attachments), and the accompanying SEPA checklist (including attachments). 2. Any necessary approvals from the State Fish and Wildlife Department, the State Department of Natural Resources, and the U.S. Army Corps of Engineers shall be secured prior to any City building permits being issued for this project. 3. Building permits shall be secured for this project prior to any construction activities occurring on-site. 4. This project is subject to applicable water, sewer, and stormwater general facility and hookup fees and transportation, fire, school, and park impact fees. These fees are payable at levels in effect at the time of building permit issuance and may differ from those fee levels currently in effect; sewer and water latecomer charges may be payable. 5. The project shall comply with the City of Anacortes construction standards as required by the Director of Public Works for water, sewer, and street access, and storm drainage. All work performed within public rights-of-way shall comply with City construction standards and all utilities shall be constructed to City standards. 6. Engineering and Inspection fees in the amount of $500 plus 2% of the total construction cost shall be due at or before the mandatory pre-construction conference. No construction activity is allowed until construction plans are approved, fees have been paid and the pre-construction conference completed. 7. Prior to clearing or fill and grade beginning, both a small parcel stormwater plan and a water quality control plan, as spelled out in the City's Storm Drainage Ordinance # 2441, shall be prepared by the applicant, approved by the City Department of Public Works, approved by the Planning Commission (after an opportunity for public comment), and implemented. The water quality control plan shall address permanent 6 best management practices to be incorporated in the project to control pollution of stormwater runoff after construction and/or land clearing activities are completed. All off-site stormwater improvements shall be made before construction or vegetation removal begins. 8. A minimum 25 foot vegetated buffer shall be restored landward of the Ordinary High Water Mark along the entire parcel frontage as separately approved by the Planning Commission as part of a detailed landscaping plan. Restoration of beach shading vegetation shall include an appropriate degree of shade cover over the upper beach. This cover should include deciduous native trees selected from big leaf maple, red alder, or salt tolerant willow species. 9. The buffer restoration plan shall be provided for Planning Commission review and approval prior to building permit issuance, clearing, or grading taking place. 10. The caretaker's quarters shall be setback at least 20 feet from the City-owned Tommy Thompson Parkway property. 11. Public access shall be provided along the parcel's entire beach frontage 12. An approved fire apparatus access turnaround shall be provided within 150 feet of the proposed guest house. 13. An approved fire hydrant shall be provided within 200 feet of the proposed caretaker's quarters; said caretaker's quarters shall not be leased or rented. 14. Project grading shall not encroach onto adjacent parcels. 15. Any violation of this permit and its conditions shall constitute a violation of the State Shoreline Management Act and its regulations and be subject to its penalties. Ian S. Munce, Shorelines Administrator ate I 7 ANACORTES PLANNING & COMMUNITY DEVELOPMENT DEPT. PERMIT CENTER PH (360)293-1901 P.O.BOX 547, ANACORTES, WA 98221-0547 FAX (360)293-1938 j 1891 MUNCE,DIRECTOR • EDWIN FRANK, BUILDING OFFICIAL • Email:ed@atyofanacortes.org r�'q COtt October 9,2003 LA nu COPY Joseph&Carolyn Grimm 6315 NE 63'd Street Vancouver,WA 98661 Dear Mr. &Mrs.Grimm, I am researching records that concern a sewer line latecomer's agreement,dated October 20, 1997, between the City of Anacortes and Richard Stockwell. This agreement is for construction of a sanitary sewer,by Mr. Stockwell, from Fidalgo Bay Resort along Fidalgo Bay road to approximately 35`h Street and"V" Avenue. The agreement is for recovering the cost of construction of the sewer where it abuts properties that benefit from installation of the utility. The property on which your new home is being constructed as shown on the latecomer agreement (Parcel No.P33042) is assessed $3,980.23. The latecomer agreement filed with the county auditor(AF#9711100107) requires that the City recover the assessed latecomer fee at the time of a new construction to the sewer. Be advised that this fee is due and payable to the City prior to final approval of the construction now under permit. Once the assesment is paid to the City of Anacortes,the funds will transferred to the current owner of Fidalgo Bay Resort. If you have any questions about this matter,please contact me at 293-1901. Sincerely, CITY OF ANACORTES Edwin A. Frank ,.�L Building Official EAF:md Attachment: Latecomers Agreement t,, RV H'YESTERN tt \ REDcEonR \o \ ° \(\ Strandberq B Nyeste O ` Design Group,LLC. q.yam, z` no�, �\ , 616 Cameron!Avenue SE�PT°'u_.K PINE Anacor[es,Washington �`1- �fit. ° e822 1 g ` •� Telephone:360-293-743: edert: q AS' \ ;P'te O O Nome 360.299-t1660 a :1, E ct \ tee' \ AV VS" *N. EXI51IN67REE5 It O 1\ Foil OUTLINE OF ° BUILDING 140 f' t t 2 0 t ROOF ° CC `' \ OVERHANG p t t o ° Q„ IA Ii BUIL,ING� It \ ° �� 1 0 Al t \ ° WCC �w t 7 Q qrc EXISTING ELECT MtItKs t ) \ \ , / 0 , \ r U Qg TO BE t ' aQ � ) \ O ~ Z all 7d f , PROPERTY LINE ` ° C Z 011111111 \ 0 O I \� N .` \ ° RUMORS: t \` \ 1` EXISTING DATELINE \ `` /{ ON PROPH2TY LINE 1 ' �Y/// ` 1 3 ro=�„ a mu wnn \ SITE PLAN o \ \ ' f NOi \ EXISTING \ �/� AREA SUPAPAARY f,-i� 4 DRIVEYJAY \ EW.DNGAIWA MANLML NTCeLEV15- mrx f \ I . LIVING AREA 535 SF 415 SF I,253 5F ; �ry`\ TOTAL-LMIb�. tab x 40 x 1,33 x ��i�i� q \ GARS 937 SF 33i 5F f tail DEGKS/DALCONIES 936 SF 336 5F ,ila \ \ 'M Tx EIAIDRb AREA 1?M BP 1 VA OP {•ij} ` EOSTlNs MAN HCI 5.61 5P TM 5P 41045 Sr I7t V•h \ \ LOT co.m¢AGE Cr1LaLATIONS 14 SITE PLAN m \ _ TOTAL BUILDING AREA(SF) ISR SF . 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