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PLN20130025_WSF_programmatic_exemption.pdfCITY OF EDMONDS 121 5ch Avenue North, Edmonds WA 98020 Phone: 425.771.0220 © Fax: 425.771.0221 o Web: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT o PLANNING DIVISION April 26, 2013 Koj o Fordj our Washington State Ferries Environmental and Permitting manager 2901 3rd Avenue, Suite 500 Seattle, WA 98121-3014 Mr. David Pater WA State Department of Ecology Environmental Review Section Shorelines Program 3190 - 160th Avenue SE Bellevue, WA 98008-5452 Subject: WSF PROGRAMMATIC SHORELINE EXEMPTION PLN20130025 Dear Mr. Fordjour: The City of Edmonds Planning Division has reviewed your request for a Programmatic Shoreline Exemption as described in the April 2013 documents "Washington State Ferries Edmonds Ferry Terminal Maintenance and Repair, Programmatic Permit Exemption approval, " on file in our Division. Under this exemption, Washington State Ferries is proposing to be programmatically exempt from the requirement to obtain a Shoreline Substantial Development Permit (SDP) for the activities described in the referenced documents for a period of five years. While City previously issued a similar programmatic exemption in 2007, the City is currently in the process of updating is Shoreline Master Program (SMP) and is hesitant to issue a five year exemption at this time. Where as a shoreline exemption relieves WSF of the need for a SDP permit, all projects must still comply with the substantive requirements of the City's SMP. With an updated SMP, the substantive requirements of the City's SMP may change. A shorter time frame on the programmatic exemption this time around seems prudent. Upon review of the proposed programmatic exemption, including the other permit and Best Management Practices referenced and enclosed with the documentation, the City has concluded that the proposed work outlined in the proposal can be considered to be programmatically exempt from the need to obtain a Shoreline Substantial Development Permit for a period of two years. Furthermore, so long as WSDOT/WSF complies with the two week notification requirements contained in the documentation, the City will consider all projects consistent with the programmatic exemption to not require individual exemption decisions to be obtained from the City of Edmonds under the Shoreline Management Act. The City reserves the right to review all proposed projects submitted under this Programmatic Exemption for compliance with the exemption; the City will promptly notify WSDOT/WSF if we find that any proposed project does not appear to comply with the terms and conditions of this Programmatic Exemption. Although the issuance of this Programmatic Exemption means that a SDP is not required for all maintenance and repair projects described in the referenced documentation, all projects must still comply with the substantive requirements of the Shoreline Management Act and the City of Edmonds Shoreline Master Program. In particular, this Programmatic Exemption is issued for a period of two years with the following assumptions and conditions: 1. All projects shall be conducted according to the descriptions, conditions and stipulations — including Best Management Practices — outlined in the April 2013, documentation entitled "Washington State Ferries Edmonds Ferry Terminal Maintenance and Repair, Programmatic Permit Exemption approval. " This includes the appendices to that documentation. 2. The applicant is responsible for obtaining all other pertinent permits and approvals, including any required City of Edmonds right-of-way, grading, building, or other permits. Note that Best Management Practices for erosion control shall be utilized during all projects; any questions regarding City standards for erosion control should be addressed to the City of Edmonds Engineering Division, 425-771-0220. 3. Note that this Programmatic Shoreline Exemption does not absolve all covered projects from complying with all other applicable City of Edmonds regulations. For example, ECDC 17.60.010, requires the following: A. Noise. Noise emanating from any use shall be muffled so as to not become objectionable due to intermittent beat, frequency or shrillness, and where a use is within or adjoins a residential district, the noise loudness measured at the boundary line shall not exceed 45 decibels between the hours of 11:30 p.m. and 6:00 a.m., and 60 decibels at other hours. B. Lighting. Lighting shall not be used in such a manner that produces glare on public streets, highways and neighboring property. Arc welding, acetylene torch cutting or similar processes shall be performed so as not to be seen from any point beyond the outside of the property. Should there be a change in any of the work or assumptions covered under this programmatic exemption, the applicant is responsible for contacting the City to verify whether any changes in permitting or the exemption will be necessary. If you have any further questions regarding this matter, please do not hesitate to contact me at 425-771-0220. Sincerely, �qlopment Services Department - Planning Division men Lien Senior Planner Enclosure — Title page of referenced document cc: File No. PLN20130025 Rob Chave, Development Services Director Stephen Clifton, Community Services\Economic Development Director Rob English, City Engineer Leif Bjorback, Building Official Carrie Hite, Parks & Recreation Director t Washington State Ferries Washington State Ferries Edmonds Ferry Terminal Maintenance and Repair Programmatic Shoreline Substantial Development Permit Exemption Approval April 2013