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Ordinance No._____- 2012 AN ORDINANCE ... - San Juan County

Ordinance No._____- 2012 AN ORDINANCE ... - San Juan County

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Page 41 of 56<br />

Ord. ____-<strong>2012</strong><br />

x. Other uses that will not impair the functions and values of aquatic FWHCAs, considering<br />

the Best Available Science.<br />

P/C 1 P/C 1<br />

<strong>No</strong>tes:<br />

1<br />

“P/C” means Provisional or Conditional Use Permit depending on the level of impacts (see SJCC 18.80.090.<br />

3. Field Marking of Buffers and Tree Protection Zones. Prior to building permit approval, the location<br />

of the outer extent of buffers and tree protection zoneTree Protection Zones adjacent to the area that will<br />

be developed shall be marked in the field, and the Director may require field approval prior to the<br />

commencement of permitted activities. Markings for buffers and tree protection zoneTree Protection<br />

Zones shall be maintained throughout the duration of construction activities.<br />

4. For recorded plats and binding site plans the applicant shall show the boundary of required buffers and<br />

tree protection zoneTree Protection Zones on the face of the plat or plan.<br />

5. Stream Crossings, Roads, and Trails in Buffers and Tree Protection Zones. The construction of new<br />

or expanded roads, driveways, trails and associated culverts and bridges across streams, buffers and tree<br />

protection zoneTree Protection Zones are allowed in conformance with SJCC 18.60.080 - 100 and the<br />

following:<br />

a. New roads and driveways may only be constructed across streams, or through buffers or tree<br />

protection zoneTree Protection Zones, if there is no practicable alternative.<br />

b. Bridges, culverts and crossings shall be designed according to the Washington Dept. of Fish and<br />

Wildlife “Design of Road Culverts for Fish Passage, 2003” , the National Marine Fisheries Service<br />

“Guidelines for Salmonid Passage at Stream Crossings, 2000”, and “Washington State Fish Passage and<br />

Habitat Enhancement Restoration Programmatic”, National Marine Fisheries Service Tracking <strong>No</strong>. 2008-<br />

03598, and SJCC 18.30.110.<br />

c. When practicable, new roads, driveways, trails and walkways shall be located on existing road grades,<br />

utility corridors or previously disturbed areas.<br />

d. When required, permits and approvals must be obtained from appropriate state and federal agencies,<br />

including but not limited to: Washington Department of Fish and Wildlife; Washington State Department<br />

of Ecology; Washington State Department of Natural Resources; U.S. Army Corps of Engineers; U.S.<br />

Coast Guard; NOAA Fisheries Service; and U.S. Fish and Wildlife Service.<br />

e. The road, culvert or bridge shall be located and designed for the least adverse impact possible, and<br />

shall not interfere with fish passage, the movement of water, large woody debris, gravel, or other stream<br />

processes. Roads must cross aquatic FWHCAs and buffers at, or as close as possible to, a ninety degree<br />

angle. Crossings shall not occur in salmonid spawning areas unless no other feasible crossing site exists.<br />

In streams with salmonid breeding habitat, bridges, bottomless culverts or other alternatives that will<br />

allow for fish passage are required, and bridge piers or abutments may not be placed within the stream or<br />

stream banks unless there is no feasible alternative. The length of conventional culverts shall be the<br />

minimum necessary.<br />

f. The location and design of the road or driveway crossing must be evaluated by a qualified professional<br />

to ensure that ecological processes will not be adversely affected.<br />

g. Construction must occur during work windows and time limits established by the state and federal<br />

agencies with jurisdiction.<br />

N:\L<strong>AN</strong>D USE\LONG R<strong>AN</strong>GE PROJECTS\PCODES-11-0004 CAO FWHCAs\Docs from PC and CC\FWHCAOrdCC_<strong>2012</strong>-10-26.doc

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