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

Page 45 of 56
Ord. ____-2012
(2) non-structural stabilization methods and/or soft stabilization measures will not be
feasible or adequate; and
(3) installation of the measures will not result in adverse impacts to adjacent, nearby or
downdrift properties, or the ecological functions and values of adjacent, nearby or down drift
aquatic FWHCAs.
For purposes of this regulation, imminently threatened means the geotechnical analysis
demonstrates that without hard shoreline stabilization, structures may be damaged by erosion
within three (3) years (WAC 173-26-231(3)(a)(iii)(D). In assessing normal erosion rates, a time
frame of 30-40 years should be used, and in addition the potential for a landslide that would
exceed normal erosion rates should be considered.
(F) Replacement of hard shoreline stabilization measures existing on the effective date of this
regulation will be permitted provided the applicant can show that soft shoreline stabilization
measures are not sufficient.
For the purposes of this regulation ‘replacement’ means the reconstruction of up to 75% of the
structure within 36 consecutive months. Projects that exceed this threshold will be subject to
permitting as new structures.
(G) When replacing an existing structure, where a net loss of the function and values of shoreline
FWHCAs would result from leaving the old structure, the obsolete structure shall be removed as
part of the replacement project.
(H) Soft shoreline stabilization measures that restore shoreline ecological functions without the
purpose of creating additional uplands, may be permitted water-ward of the ordinary high water
mark.
iii. Application Requirements. In addition to applicable requirements of SJCC 18.50, applications for
approval of shoreline stabilization measures regulated by this section shall include the following:
(A) The applicable items listed in SJCC Section 18.80.020.C (Project Permit Applications-
Forms) along with photos of the site and a map showing the approximate location of critical
areas and critical salt water habitats within 300 feet of the project area (existing maps may be
used).
(B) Any related project documents such as applications to other agencies or environmental
documents prepared pursuant to the State Environmental Policy Act.
(C) A narrative explaining how the proposal meets the requirements of this subsection
(E.87) and SJCC 18.50.
(D) Best available science documents supporting the proposal.
(E) A copy of proposed storm water and erosion control plans for the project as required by
SJCC 18.60.
(F) A report, appropriate for the scale and scope of the project, and prepared by a qualified
biological professional, identifying any aquatic FWHCAs located within 50 feet of the proposed
project, evaluating conformance of the proposal with the requirements of this subsection (E.87),
and describing any potential adverse impacts to the ecological function of aquatic FWHCAs that
may result from the proposal. If the proposed structure may result in changes to longshore
sediment transport, the report must include an evaluation of potential adverse impacts to aquatic
FWHCAs located downdrift of the proposal.
(G) A geotechnical analysis, prepared by a qualified coastal geologic professional in
accordance with SJCC 18.30.120, that includes the following:
(1) A description of the causes for the erosion;
N:\LAND USE\LONG RANGE PROJECTS\PCODES-11-0004 CAO FWHCAs\Docs from PC and CC\FWHCAOrdCC_2012-10-26.doc