SMA-210-98
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S P O K A N E
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BUILDING AND PLANNING • A DIVISION OF THE PUBLIC WORKS DEPARTMENT
]AMES L. MANSON, C.B.O., D[RECTOR DENNIS M. SCOTT, P.E., DIRECTOR
MEMORANDUM
TO: U. S. Anny Corps of Engineers
WA Department of Ecology, Mike N1ahcr
WA Department of Fish and Wildlife
WA State Parks & Recreation, Regional Park P k~ Spokane County Health District, Steve Holderby
Spokane County Conservation District
Spokane County Department of Parks and Recreation, Steve Horobiowski
Spokane County Division of Engineering (Flood Plain Mgmt), Tammi e 'A' t IiI ZI Il S
Spokane County Division of Building & Planning, Tom Davis
Spokane County Division of Engineering and Roads, Pat T-TamC:r
Spokane County Division of Utilities, Jim Recl
Spokane County Division of Long Range Planliii1g, Jolln Mercel-
Historic Preservation Office, Teresa L. Brum
FROM: John Nunnery, Spokane County Shoreline Administrator<
DATE: June 22, 1998 ~
RE: Shoreline Management Act (RCW 90.58) - SUBSTAN'I'IAL DEVELOPMENT PERNIIT
review pursuant to Section 8.06 of Spokane County Shoreline Program and WAC 173-27-110 (6)
SMA-210-98 APPLICATION: Spokane County Engineering is proposing to install an 8ft
steel statue of Antoinne Plante 5 to lOft from the SPOK:ANE RIVER. The statue is a mitigating
measure for impacts to the historic area caused by proposed improvements to Upriver Drive.
The statue is considered "in tbe public interest." The statue will be located on the north bank of
the river, about 1/8 mile south of Upriver Drive, and south of and adjacent to Spokane County
Plantes Ferry Park in the NE1/4 of Section 4, Township 25N, Range 44 EWM of Spokane
County, Washington. The tax parcel number is 45041.9003.
Enclosed is a copy of the above application and location map. We are submitting this to you for
your technical review and comments pursuant to Section 8.06 of the Spokane County Shoreline
Program and WAC 173-27-110 (6). These review comments will become part of the official
record of the public hearing before the Spokane County Hearing Examiner. If your regulations
require another permit or compliance with specific development standards, we can condition this
project to assure compliance with your regulations; provided you (1) site the needed permit, (2)
site the specific regulation requiring the permit, and (3) state when compliance is required (i.e.,
prior to construction, prior to completion of the project, or other). Please forward any
appropriate review comments and recommendations by July 219 1998.
1026 WEST BROADWAY AVENUE •$POKANE, WASHINGTON 99260
PHOrvE: (509) 456-3675 • FAx: (509) 456-4703
TDD: (509) 324-3166
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Shoreline Management Act: Substantial Development Permit, Spo. Co. Engrs / statue
June 22, 1998 Memo: Comments Requested Page 2
For your convenience, "no response" within the allotted review time will be an indication of no
comment.
Please feel free to use our FAX, (509) 456-2243, to expedite my developing the official
PLANNING ANALYSIS REPORT for the Spokane County Hearing Examiner. If you have any
questions or have urgent concerns with the proposed development, please contact me at (509)
477-3675 Ex 205 or contact the Applicant's Agent, Tammie Williams, at (509) 456-3600
Ex 262.
C: Applicant: Spokane County Engineers, Tammie Williams
Laurie Grimes, Assistant Planning Director - Spokane County Division of Building and Planning
Enclosed:
7AR.PA, Site Plan, Vicinity Map and Photograph
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Date Received.
Agency Reference;#
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JARPA FORM
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(for use in Washington State) ~
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PLEASE TYPE OR PRINT IN BLUE OR BIACK INK
Based on the preceding checklisl, I am sending copies of this application to the following: (check al1 thaf apply) 0 Local Government for shoreline: XSubstantial Development ❑ Conditional Use N Variance ❑ Exemption; or, if applicable
❑ Floodplain Management ❑ Critical Areas Ordinance
❑ Washington Department of Fish and Wildlife for HPA
❑ Washington Department of Ecology for: ❑ Approval to Allow Temporary Exceedance of Water Quality Standards
❑ 401 Water Quality Certification Nationwide Permits
❑ Washington Department of Natural Resources for: ❑ Aquatic Resources Use Authorization Notification
❑ Corps Engineers for: ❑ Section 404 ❑ Section 10 permit
❑ Coast Guard for: ❑ Section 9 Bridge Permit
SECTION A- Use for all permits covered by this applicatfon. Be sure to also complete Section C(Signaiure Block) for all permii
applications.
1. APPLICAPfT
Spokane County Engineer's Office ~
MAILING ADDRESS ~
1026 W Broadway Ave., Spokane, WA 99260 ~
WORK PHONE HOME PHONE FAX #
(509) 456-3600 N/A (509) 324-3478
If an ageni is acting for the applicant during the permlt process, complete #2.
2. AUTHORIZED AGENT
Tammie Williams or Tom Yake
MAIIING ADDRESS '
same
WORK PHONE HOME PHONE FAX #
3 RELATIONSHIP OF APPIICANT TO PROPERTY: O OWNER O PURCNASER p LESSEE Cg OTHER: LOCaI GOV@rT1Rleflt
4.
4., ;;ME. AS r%3S. ANo PHOiNRNCs A uD OiER~-~) ITHAN APPLICANT:
w ~360~ 90,7 - ~50D
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5. LOCATION (STREEf ADDRESS, INCLUDING CtTY, COUNTY ANO ZIP CODE, WHERE PROPOSED ACTIVITY EXISTS OR WILL OCCUR) ~X4)07-4S/
Plante's Ferry Park, Upriver Drive, Spokane, WA
WATERBODY TRIBUTARY OF
Spokane River Columbia River
1/4 SECTION TOWNSHIP RANGE GOVERNMEPlT LOT SHORELINE DESIGNATION
CONSERVANCY
NE 4 25 N 44 EWM ZONING DESIGNATION
UR 3.5
TAX PARCEL NO q 50,q 900 DNR STREAM NPE, IF KNOWN:
- 3 ,
Application Page 1 of 4
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6. DESCRIBE THE CURRENT USE OF THE PROP EFM, .+D STRUCTURES EXISTING ON THE PROPERTY. IF ANY PORTIO. THE PROPOSEO ACTIVfTY IS ALREADY COMPLETED ON
THIS PROPERTY, INDICATE MONTH ANO YEAR OF COMPLETIOV.
Property is state park property (Draft permit to use property issued). Adjacent property is Spokane County Plantes
Ferry Park. Structures on property include 4 park maintenance buildinys.
IS THE PROPERTY AGRICULTURAL LAND? O YES 0 NO (surrounding property may be) ARE YOU A USDA PROGRAM PARTICIPANT7 O YES 0 NO
7a. DESCRIBE THE PROPOSED WORK COMPLETE PIANS AND SPECIFfCAT10NS SHOULD BE PROVIDED FOR ALL WORK WATERWARD OF THE ORDINARY HIGH WATER MARK OR
Work includes the erection of a historical monument to Antoinne Plante on a rock outcropping next to the Spokane
River. Statue is approx. 8 feet tall. It will be neutral colors to fit into the landscape. Material is steel, unpainted and
will weather naturally. Statue will be anchored to rock with a steel dowel, and a rock and mortar pedestal to support
one raised foot. Statue will be 12 to 15 feet above ordinary high water and 5 to 10 feet horizontal feet from waters
edge. Statue will be seen by River and Centennial Trail users.
7b. DESCRIBE THE PURPOSE OF THE PROPOSEO WORK.
Purpose of the work is to comply with funding requirements on rebuilding of Upriver Drive. A portion of the funding
had to be-spent on the historical significance of the site. Antoinne Plante operated the first river crossing at this
site. This will be recognized with a statue of him.
7c. DESGRIBE THE POTENTIAL IMPACTS TO CHARACTERISTIC USES OF THE WATER BODY. THESE USES MAY INCLUDE FISH AND AQUATIC LIFE, WATER QUALtTY, WATER
SUPPLY, RECREATtON, and AESTHETICS. IOENTIFY PROPOSED ACTIONS TO AVOID, MINtMIZE. AND MffIGATE DETRIMENTAL IMPACTS, AND PROVIDE PROPER PROTECTION
Impacts to the site will be minimal. There could be a slight increase in foot traffic to site. However, the majority of the
viewers will access visually from Centennial Trail (across river) or boat traffic. Other impacts, such as site
disturbance, should be negligible.
PREPARATION OF DRAWINGS: SEE APPENDIX A- SAMPLE DRAWINGS ANO CNECKLIST FOR COMPLETING THE DRAWINGS. ONE SET OF ORlG1NAL OR GOOD QUALITY
REPRODUC/BLE DRAWlNGS MUST BE ATTACHEO. NOTE: APPLICANTS ARE ENCOURAGED TO SUBMR PHOTOGRAPNS OF THE PROJECT SlTE, BUT THESE DO NOT SUBSTiME
FOR DRAWINGS TNE CORPS OF ENGfNEERS AND COAST GUARD REQUIRE DRAN?N0.S ON 8-112 X 11 INCH SHEETS. LARGER DRAWINGS MAY BE REQUlRED BY OTHER
AGENC/ES
0. WiLL THE PROJECT BE CONSTRUCTED IN STAGES? No, the couniy viark witl not bo in stages. Howe.wer, who!e project includir.g property owners responsibifit:es will bc phased actording to
their needs and schedules O YES ONO
PROPOSED STARTING DATE:
ESTIMATED DURATION OF ACTIVRY:
9 CHECK IF ANY STRUCTURES WIIL BE PLACED:
O WATERWARD OF THE ORDINARY HIGH WATER MARK OR LINE FOR FRESN OR TIDAL WATERS; AND/OR
O WATERWARO OF THE MEAN HlGH WATER LINE IN TIDAI WATERS
10. WILL FILL MATERIAL (ROCK, FILL, BULKHEAO, PILINGS OR OTHER MATERIAL) 8E PLACED:
❑ WATERWARO OF THE ORDINARY HIGH WATER MARK OR UNE FOR FRESH WATERS? IF YES, VOLUME (CUBIC YAR05) 15 /AREA fACRES
O WATERWARD OF THE MEAN HIGHER HIGH WATER FOR T10AL WATERS? IF YES, VOLUME (CUBIC YARDS) lAREA (ACRES)
Applicaticn Page 2 of 4
11. WILL MATERIAL BE PLACED IN WETIANOS? O YES tg NO
IF YES.
A. IMPACTEO AREA IN ACRES:
B_ HAS A OELINEATION BEEN COMPLEfED7 IF YES, PLEASE SUBMfT WITH APPLICATION. O YES O NO
C. HAS A WETLAND REPORT BEEN PREPARED? IF YES, PLEASE SUBMfT WfTH APPLtCATION. O YES ONO
0. TYPE AND COMPOSITION OF FILL MATERIAL (E.G., SAND, ETC.):
E. MATERtAt SOURCE:
F. LIST ALL SOIL SERIES (TYPE OF SOIL) IOCATED AT THE PROJEC7 SITE, & INDICATE IF THEY ARE ON THE COUNTY'S LIST OF HYDRIC SOIIS. SOILS INFORMATION CAN BE
OBTAINEO FROM THE NATURAL RESOURCES CONSERVATION SERVECE (NRCS):
12. WILL PROPOSED ACTIV(TY CAUSE FLOOOING OR ORAINING OF WETLANDS? O YES Cg NO
IF YES, IMPACTED AREA IS ACRES
13 WILL EXCAVATION OR DREDGING BE REQUlRED IN WATER QR WE7LANOS? D YES ONO
IF YES:
A. VOLUME:_(CUBIC YARDS)/AREA (ACRES)
B. COMPOSfT10N OF MATERIAI TO 8E REMOVED:
C. DISPOSAL StTE FOR EXCAVATED MATERIAL:
0. METHOO OF DREDGWG:
14. UST OTHER APPLICAI'IONS, APPROVALS, OR CERTIFICATIONS FROM OTHER FEDERAL. STATE OR LOCAL AGENCIES FOR ANY STRUCTURES, CANSTRUCTION, DISCHARGES,
OR OTHER ACTIVIl1ES DESCRIBED IN THE APPLICATION O.E. PRELIMIt3ARY PtAT APPROVAL. HEAITH DlSTRlCT APPRQVAL, BUItDING PERMIT, SEPA REVlEW, FERC IICFNSE.
FOREST PRACT4CES APPLICATION, EfG.) ALSO ItJDICATE WHETHER WORK HAS BEEN COMPLETED ANO INDICATE ALL EXISTING WORK ON DRAWINGS.
NPE OF APPROVAL I ISSUING AGENCY ~ IDEN?1FIGATION NO. ~ DATE OF APPLICATION ~ DATE APPROVED ~ COMPLETED2
Sborclina Spokane Counry Buildings and Planning 6/4/98
SEPA LEAD AGENCY SEPA DECISION: ~ SEPA DECISION DATE.
15. HAS ANY AGENCY DENIED APPROVAL FOR THE ACTIVI7Y DESCRIBED HEREIN OR FOR ANY ACTIVITY DIRECTLY RELATED TO THE ACTIVITY
DESCRIBED HEREIN? p YES (ONO IF YES, EXPLAIN:
Appiication Page 3 of 4
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SECTION B- Use for Shoreline and Corps of Engineers permits on! .
I 16. TOTAL COST OF PROJECT. THIS MEAIIS THE FAIR MARKET VALUE OF THE PROJECT, INCLUDING MATERIALS, UBOR, MACHINE RENTAIS, ETC
$ 32,500
17. LOCALGOVEi?~;.,.-~.I7~yI-F~ ~~.P!c^1,^"
Spokane County
18. FOR CORPS, C:UAST GUARU, ANU GNR PERtv11iS, FROVIDE NAYItJ, ACJGhICSJES, APJD T'tLE:'HuNE NUtv1E~ERS OF nDJUINiNG PROPERrIi OA':NERS, LEaSEES, E-i:;. PLtASL NOTE: SHORELINE MANAGEMENT COMPUANCE MAY REQUIRE ADOITIONAL NOT1CE - CONSULT YOUR LOCAL GOVERNMENT. ~
NAME ADORESS ( PHONE NUMBER
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SECTION C- This section MUST be completed for any permit covered by this application.
I m I
19 APPLICATION IS HEREBY MADE FOR A PERMIT OR PERMITS TO AUTHORIZE THE ACTIVITIES DESCRIBED HEREIN. I CERTIFY THAT I AM FAMILIAR WITH THE
INFORMATION CONTAINED IN THIS APPLICATION, AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF, SUCH INFORMATION IS TRUE. COMPLETE, ANO
ACCURATE I FURTHER CERTIFY THAT 1 P0.SSESS THE AUTHORITY TO UNDERTAKE THE PROPOSED ACTMTIES. I HEREBY GRANT TO THE AGENCIES TO
WHICH THIS APPLICATION IS MADE. THE RIGHT TO ENTER THE ABOVE-DESCRIBED LOCATION TO INSPECT THE PROPOSED, IN-PROGRESS OR COMPLETED
WORK. I AGREE TO START WORK ONLY AFTER ALL NECESSARY PERMITS HAVE BEEN RECEIVED.
7
SIGNATURE OF APPII NT CR A A fYT OATE
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I NEREBY OESIGNATE
TO ACT AS MY AGENT IN MATTERS RELATED TO THIS APPLICATION FOR PERMfT(S). I UNOERSTAND THAT IF A FEDERAL PERMR IS ISSUED, I MUST SIGN THE PERMfT.
SIGNATURE OF APPLICANT DATE I
SIGNATURE OF LANDOWNER (DCCEPT PUBLIC ENTiTY LANDOWNERS, E.G. DNR) DATE
S~~ ,5/,~ ~9 8 I~A~A ~ ~ 'r ~,~~w~~~,AA~
THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AN THE AGENT, IF AN AUTHORIZED AGENT IS DESIGNATED.
18 U.S.C §1001 provides that Whoever, in any manner within the jurisdiction of any department or agertcy of the United States knowingly tatsfies, conceals, or covers up by any trick, stheme, or
device a material fatt or makes any false, fictitious, or fraudulent statements or representations or makes or uses any false writing ot document knowing same to contain any false, fidiUOUS. or
fraudulent statement or enUy, shall be fined not more than $10.000 or imprisoned not more than 5 years or both.
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.:<:< . . . .C~ IUi PLETED> BY: L:~CAt OFFICiAL . : :
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~1. Nat~are flf #,tie ex~sting sha~elin~ (Desciib~ t}rpe vf: shor~fine, ch ~.stYt_r r~ e, strea~='Iake, Iagoon, :marsh; boa, swam ~ ffood '
s:zr _ , .
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n; f~ d way,;tfeEt a,:typ e, o . eac as accre ior~
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;plaR t bh; s~cE~ ; t....... eosr a n , hi g h bank, 1ow;bank; or dike; rriateriai s u ~i as sa
c:nd, gravet
;mud~ clay' ~
, cock, ~iprap~ and extent and ,type ~fi bu!lcheadEng, Ef.any:) _
8. fn t.he :event tha~ ~any o~ t~te proposed buitdin~s or stfuctures wifl ~exceect a#~e~gh~ of ~kifcty-five feet above the average grade
Ee~rel, Fnciicate the app~ox[mate Eocation o.11 f and number of ~esidentiaE units; exisfing a~id pot~entia~~ that will have an obstructed
vIew _ , <
C, Ef the :applieatior~ invotves a.COndiUonat use Or variance, SeY forth fn fu11 #hat por~i~n 0€:the r~:~stec progcam which provi.des tfiat i
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: f€~e pro{>osed ~se may ~e a car~ditEO~al,use! ot~ itn:the cas@ Of ~ 1t~cE~t1Ce, from wt~ich ihe vanat~ce is beit~g sought;
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I 2J~~ These Agencles are Equal Opportunity and ~rmatlve Actron employers.
For speclal accommodatlon needs, please contact the apprapriate ager►cy Iiom Appendlx B.
Application Page 4 cf 4 1
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Legal documents should be obtained from the appropriate agency.
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DiVISF(3N C]F ENGII`•iEERING AND RDADS • fs, UIVISICIN C?F THE PUBLIC WOIiICS DEFARTMENT
Wiiliam A. johns, P.E., County Engineer Dennis M. Seatt, P.E., Directar
M+emvrandum
DATE: June 19, 1998 'Jt/*,~'
Ta: Jahn Nunnery, Spokane Caunty Shareline Administrator p~C?lc~,
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FROM: Ta~nmie VrVilliatns
RE: Justification for Antoine Piante Within Shoreline Area
The reasaa the statue of A,ritoine Piante has been proposed within the shoreline of the Spokane River is tied
ta Federal Aid Enhancement maney which is partially funding the road widening and trail improvment. The
county received this spe+cific enhancement money for the Upriver Praject because of the transportation
related historical significance ofthe project (area.). l7ne of the cvnditions on the funcling is that a portian of
the money needed ta be spent ta preserve this histoncat aspect for public benefit.
The prc►ject area includes the site of Antoine Plante's Ferry Crossing_ This site has been listed with the
Wash.ington State Register of Historic Pla.ces {listed 4117170}. It was the location where the Mullan Road
intersected the Spvkane River and Antoiw.e Plante ran his ferry across the River. Antoine was the first
"settler°' in the Spokane Valley. Conseyuently, the statue of Antvine was the most obvious choice tv
docurnent the historical transpartation significance of the area. T'he rock, onY which the statue of Antoine
Ptante is to be erected, is vne the artists have researched as being a significant view point overlook.iag fihe
histonc fer.ryy crvssing. The statue will be visible tv users of the Spakane River, Uprirrer Drive, the
Centenniai Trail and Plante's Ferry Park.
The site is historicaily significant for a number of reasons, some were nated above. The reasons listed in
the Gulturat Resources Survey for Spvkane County's Upriver Drive project are:
• thc site of the first ferry across the Spokane RiVer
• the site of the first residence buiit in the Spakane Valley
• fihe 5pokane River crossing of the IVluljan TraiI
• the location where Govemor Stevens signed a peace treaty with t.he Indians and arganized the first twa
territarial militia companies
• the locativn of one of the f rst bridges built acrass the river
For these reasons the significance of this sxte as an area of histaric interest is obvious. The statue wiH
preserve this histaric aspect and enhance it fvr public benefit. This is compatible with the goals of the
Shoreline Ordinance far Spokane Counfir as outlined in Section 13 (page 3-12) and Section 13 (page 4-22).
The statue will enhance the visual quality of the surroundings while pr+eserving the historical significance of
the site.
1026 W'Bresadway Ave. • Spokane, WA 99260-0I70 '(5t79) 456-36(}0 FAX: (509) 324-3478 TDD: (509) 324-3166
V- n-. STAT;. RECEIVED •
; Al ~
J U N 0 1 1998
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a cti{0 Y <I~ 8p0iUNE COUNTY ENGINEEA
J ~ KP' ` STATE OF WASHINGTON
WASHINGTON STATE PARKS AND RECREATION COMMISSION
7150 Cleanwater lane • P.O. Box 42650 • Olympia, Washington 98504-2650 9 (360) 902-8500
FAX (360) 753-1594 • Internet Address: http://www.parks.wa.gov
TDD (Telecommunications Device for the Deat): (360) 664-3133
May 26, 1998
Ms. Tammie Williams
Spokane County Public Works
Division of Engineering & Roads
1026 W Broadway Ave
Spokane, WA 99260-1070
Re: L#98-03-140: Riverside State Park - Spokane River Centennial Trail - Plante's Ferry
Vicinity - Permit - Statue
• Dear Ms. Williams:
_ S taff has completed its review of your application for placement of a statue in the Plante's Ferry
vicinity of the Centennial Trail; enclosed is a draft permit for your review. This is State Parks'
standard "boilerplate" language which includes our Commission's requirements and Assistant
Attorney General's approval. Please review the draft and let me know if it is satisfactory. I will then
prepare final permits for signature.
Please note that on page 1 of the permit, State Parks has acknowledged that the County is lead
agency under SEPA. Please provide a copy of your determination for our files. Also, for future
proposals involving State Parks property, staff would appreciate a notification and coordination of
efforts earlier in your planning process.
If you have any questions, please call me at (360) 902-8650.
Sincerely, Sp°'`~Q~CF/
Karl Jacobs Pro'ect Coordinator 10475 ~1~9
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Lands Program '~Np p O,ce r99B
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cc: Javier Figueroa, Lands Program Manager
File: L #98-03-140
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7
d33NI0N3 JlW(1033NV)IOdS
SPOKANE COUNTY HEARING EXAMQNER 9sst t ? d3s
aEIn 303B
RE Shoreluie Substantial Development Pemut ) FINDINGS OF FACT,
Apphcant Division of Engmeeruig, Spokane ) CONCLUSIONS,
County Pubhc Works Department ) AND DECISION
File No SMA-210-98 )
1. S Y OF PROPOSAL AND DECISION
Proposal: Apphcataon for a shorehne substantial development pernut to allow the
uistallation of a histonc statue along the north bank of the Spokane River, on Washington State
Parks and Recreahon Department land lying adjacent to Plantes Ferry County Park The statue is
a nuhgatulg measure for impacts to an lustonc area caused by proposed road unprovements to
Upnver Dnve
Decision: Approved, sub}ect to conditions
U. FINDINGS OF FACT.AND CONCLUSIONS
1'he Hearuig Exanuner has reviewed the application for a shorelme substanhal
development permrt and the evidence of record, and here'by adopts the following findulgs of fact
and conclusions
A. GENERAI. INFORMATION
Applicant Divislan of Englnecnng, Spokane County Pubhc Works Department,
c% Tammie WilLams,1026 West Broadway, Spokane, WA 99260
Legal Owner: Washuigton State Parks and Recreahon Department
Address: None assigned
I.ocahono The srte is located on the north bank of the Spokaue River, about 1/8 rmle south of
Upnver Dnve, south of and adjacent to Spokane County Plantes Ferry Park, in the NE 1/4 of
SPc.1c,n 4, Tow-islup 25 North, Range 44 EWM, Spokaue County, Washington
Legal Dsseription of Site: A portlon of Spokane County Assessor's Parcel No 450419003
Zon ag: 'Uxban Residenhal-3 5 (IJR-3 5)
Ce° 7~,.-el-,ensive Plar Category: Urban
Sho: eitne Ma< <-rxA'rogram Area Designation: Conservancy
HE Findulgs, Conclusions and Decision SMA-210-98 Page 1
Environmental Review: A Deternunation of Nonsigiuficance was issued by the Spokane
County Division of Engineerulg on June 4, 1998
Site Descriptioa: The site is located on the north bank of a major bend in the Spokane River,
and is vegetated wnth shrubs, deciduous trees and evergreen trees A single large basalt rock
outcrop on the site provides a sigruficant view that overlooks an lustonc ferry crossing, operated
by Spokane Valley pioneer Antoinne Plante durmg the 1800s The shoreluie area of the Spokane
River that includes the site is designated Conservancy by the County's Shoreluie Master
Program The Spokane County Cnhcal Areas map designating pnonty wnldlife habitats shows
the site as Urban Natural Open Space, and the Spokane River as a Type 1 stream. The srte is
located wrthin the typica1250-foot vnde npanan wildhfe habitat buffer requued by the County's
Cntical Areas Ordulance adjacent to a Type I stream The site is part of a histonc place which
became listed in the Washuigton State Register of Histonc Places on Apn117,1970
Snrrounding Conditions: The site is located adjacent to the Spokane River, wluch is
designated as a shoreline of stateynde sigruficance by the County's Shoreluie Master Program,
and as a Type I stream on the County's Cntical Areas maps Upnver Dnve north of the site is
designated as a Muior Artenal by the County's Artenal Road Plan maps The land in the vicuuty
of the site is sparsely developed, except for a few homes located north of Upnver Dnve Some
Spokane County Parks, Recreation and-Fair maintenance buulduigs are found in the southeast
comer of Plantes Ferry Park, which is located north of and adjacent to the proposed statue site
Most of the vicuuty remauis undeveloped and is covered with native vegetanon See 1986 aenal
photo in file The Centeniual Trail was constructed somehme after 1986 along the south side of
the Spokane Rrver in the area. The site is visible from the trail, on the opposmg side of the
nver
Project Description: The apphcant proposes to ulstall a steel statue of Antomne Plante 5-10
feet honzontally from the ordinary lugh water mark of the Spokane River, south of and adjacent
to Plantes Ferry County Park The statue would be life-size, beuig eight (8) foot tall only
because of the raised hand of the statue figure The statue would be placed on a basalt rock
outcrop at the nver's edge, about 12-15 feet venccally above the orduiary lugh water mark,
anchored wrth a steel dowel bored into the rock A small rock and mortar pedestal to support the
razsed foot of the statue will be constructed on the rock outcrop The statue will be uapainted,
and will weather in a natural color that blends into the shoreluie The statue wnll be most visible
by users of the Spokane River and the Centennial Trail, and to a lesser degree by users of Plantes
Ferry Park and Upnver Dnve To reduce foot traffic and protect the statue, the existulg trazl
between the rock outcrop and the nver bank vnll be excavated, and shrubs vnU be planted to
create a natural bamer (see site plan) Erosion control measures will be taken dunng excavahon
to prevent silt from entenng the nver All disturbed soil will be re-seeded with mulch contammg
the seeds of nahve plants The statue is mtended as a nutigating measure for unpacts to aIustonc
azeas caused by proposed road unprovements to Upnver Dnve beuig funded by Federal
Enhancement money The road improvements mclude the widenuig of Upnver Dnve for
pedes#nan and bicycle lanes
HE Findings, Conclusions and Decision SMA-210-98 Page 2
.
B. PROCEDURAL INFORMATION
Applicable Regalations: Chapter 90 58 RCW, chapter 173-14 WAC, and Spokane County
Shorelule Master Program
Hearing Date and Location: July 22, 1998, Spokane County Pubhc Works Builduig,
Lower Level, Commissioners Assembly Room,1026 West Broadway, Spokane, WA
Notices: Mailed June 25, 1998
Posted July 7, 1998
Pubushed July 3,1998
Hearing Procedure: Pursuant to Resoluhon No 96-0171 (Hearuig Exammer Ordinance),
Resoluhon No 96-0294 (Heanng Exammer Rules of Procedure), RCW 90 58 140 (4), and
Spokane County Shoreline Master Program Sections VII and VIII
Site Visit: July 21, 1998
Testimony:
John Nunnery Tammie Williams "
Division of Bwlduig and Planrung Spokane County Engineers
1026 West Broadway 1026 West Broadway
-
Spokane, WA 99260 Spokane, WA 99260
David Govedare Keith Powell
Box 3397 3191Vhdway Avenue
Chewelah, WA 99109 Grand Coulee, WA 99133
Items Noticed: Spokane County Comprehensive Plan, Spokane County Zonuig Code,
Spokane County Code, Spokane County Shoreluie Master Program, Spokane County Cntical
Areas Ordinance and County Resoluhon Nos 96-0171 and 96-0294
Procednral Matter: The Heanng Exammer has authonty to hear applications for shoreluie
permrts, pursuant to Sechon 7 of the Heanng Exammer Ordinance (Resolution No 96-0171) and
RCW 36 70 970 (2) Section 13 of such ordinance erroneoiisly mdicates that appeals of the
Heanrig Examiner's decision on a shoreline pernnt may be appealed by land use petition to
supenor court RCW 90 58180 (1) states that any person aggneved by the granhng or denyuig
of a shoreluie pernut by a local junsdichon may seek review from the Washuigton State
Shoreluies Heanng Board by filuig a petihon for review vnth such agency wrthin 21 days of the
date of filing of the pernut decision
C. SUBSTANTIAL DEVELOPMENT PERNIIT ANAI.Y'SIS
The project constrtutes "development" wnthin the meamng of RCW 90 58 030 (3)(d), smce
rt mvolves the construcrion of a structure The pro1ect also meets the defuution of a"substantial
development" under RCW 90 58 030 (e), since its total cost exceeds $2,500 and the development
does not fall within any of the exemptions listed m such statute A substantial development
HE F2ndings, Conclusions and Decision SMA-210-98 Page 3
pernut from Spokane County is therefore required See RCW 90 58 140, Master Program,
Secnon N, paragraph 2 1
To be approved, the project must be consistent with the pohcy of the Washuigton State
Shoreluie Management Act, chapter 90 58 RCW See RCW 90 58 020 The development must
also be consistent wnth the applicable goals and policies contained in the Spokane County
Shoreluie Master Program, and must confonn to the use regulahons of the Master Program See
Master Program, p ii, and paragraph 5 1 and 5 12 on p 47 and 48 Comphance wnth the State
Envuonmental Policy Act (SEPA) and other apphcable land use regulations must also be
demonstrated
1 The ioroioosal. as condihoned, comDhes vnth the goals and policies contamed in RCW
90 58 020. and wnth the toals. nolicies and use regulahons of the Spokane Countv Shoreline
Master ProQram
RCW 90 58 020 contauis the following general pohcy gwduig development in shoreline
areas of the state
It is the policy of the state to provtde for the management of the shorelines
of the state by plannrng for and fostering all reasonable and appropnate
uses Thts poltcy ts destgned to insure the development of these shorelrnes "
in a manner which, while allowing for limited reducnon of nght of the
public in the navigable waters, wtll promote and enhance the public _
rnterest Thrs polrcy contemplates protecting against adverse effects to the
public health, the land and its vegetanon and wildl fe, and the waters of
the state and their aquahc life, whtle protecnng generally public nghts of
navigatton and corollary nghts incidental thereto
In the tmplementanon of thrs policy the public's opporturaty to enjoy the
physical and aesthehc qualities of natural shorehnes of the state shall be
preserved to the greatest extent feasrble conststent with the overall best
tnterest of the state and people generatly To this end, uses shall be
preferred whtch are consi.stent with control of pollunon and preventron of
damage to natural envrronment, or are unique to or dependent upon use of
the state's shoreline Alterations ofthe naturul condihon of the shorelines
of the state. in those limited instances when authorized shall be given
priort or srngle family residences, ports, shorelrne recreational uses
includinq but not limtted to narks, mannvs, piers, and other rr-r~provements
facrlttating publtc access to shoreltnes of the state, industrial and
commerctal developments whrch are partacularly dependent on their
location on or use of the shorelrnes of the state and other develonment that
will arovide an onnortunitv for suhstantial numbers of the people to en#ov
the shorelines of the state
Permitted uses in the shorelines of the staae shal' be designed and
conducted in a manner to minimtze, insofar as practRcal, any resultant
damage to the ecology and envtronment of the shoreline area and any
rnterference with the public's use of the water
[Emphasis added]
HE Findings, Conclusions and Decision SMA-210-98 Page 4
In addinon to bemg a"shoreline of the state", the Spokane River is designated as a
"shorehne of statewide sigruficance" by the Spokane County Shorelule Master Program ("Master
Program') RCW 90 58 020 sets forth an order of preference for uses which may be developed
wnthin such shoreluies, wluch order local governments are reqwred to follow in developmg
master programs for shorelines of statevrnde sigmficance In descend.uig order of preference,
these are 1) recoguze and protect the state-wide interest over local interest, 2) preserve the
natural character of the shorelule, 3) result m long-term over shortterm benefit, 4) protect the
resources and ecology of the shoreluie, 5) increase pubhc access to pubhcly owned azeas of the
shorelines, 6) increase recreahonal opporturuties for the pubhc in the shorelme, and 7) other
shoreline elements deemed appropnate or necessary
The Master Program contains goals for shorelmes of statewide sigiuficance, wtuch are to
take precedence over any conflicting use regulahons of the master program Master Program, p
iv , and 1-3 and 1-4 These goals generally paraphrase and further dehneate the use preferences
hsted m RCW 90 58 020 for shoreluies of statewide sigruficance
The site is desigaated m the Conservancy Area by the Master Program The Conservancy
Area is designated for the purpose of maurtaining the exisUng character of shoreline resources,
wlule provi(hng for non-intensive uses Uses wtuch may ublize the natural resources of the
shoreline on a sustained-}neld basis are preferred, inclu(ing passive agncultural activihes, timber
harvesting on a sustauied yield basis, and diffuse outdoor recreation Non-permanent structures
and uses wluch will not reduce the quantity or quahty of the physical and biological resources of
the area are to be gtven pnonty Intensive use of areas havmg severe biophysical limitabons
mappropnate for rural or urban uses, are to be prolubrted Master Program, p 2-2
The project mvolves both the protechon and unprovement of a cultural and lustoncal srte,
but will also provide passive recreanonal opportuiuties for the pubhc along the shorelme The
relevant goals, pohcies and use regulations of the Master Program and the State Shoreluie Act
apphcable to such use acrivines m the Conservancy Area, the shoreluies of the state, and
shorelines of statewide sigruficance are set forth in the StaffReport The Examuner agree.s vrnth
and adopts by reference the analysis contauied m the Staff Report regarding the pmject's
consistency wrth such rtems, subject to the exceptions and additions set forth below
The srte is located on land owned by the Washington State Parks and Recreahon
Department, is adjacent to a County park and hes wiithin one of the most lustonc places in the
Spokane Valley .Aenal photos indicate that a foot trad was developed from the adjacent County
park to the top of the rock uutcrop sometime before 1950, which foot trail appears to rest on
man-made fill The srte also hes across the nver from the Spokane Centennial Trail, from w}uch
the statue would be rEadily visible The statue would also be visible to users of the nver No
narive vegetarion but some noxious weeds wnll lre removed for the project The exisring path
between the nver bank and the statue will be excavated, and native shrubs wnU be planted to
create a natural barner to foot traffic that is currently causing the bank to erode
The site and area have been designated a lustonc place on the State Register because rt is the
place of 1) the first ferry across the Spokane River, 2) the first residence built in the Spokane
Valley, 3) the Spokane River crossing of the histonc Mullan Trail, and 4) the place where
HE Findings, Conclusions and Decision SMA-210-98 Page 5
Governor Stevens signed a peace treaty wrth Native Amencans and orgaruzed the first two
temtonal mihtia compaiues, and 5) the first bndges bwlt across the Spokane River Antoulne
Plante played a key role in the designation of the area as a Iustonc place, smce he buiIt and
operated the ferry, the first residence in the Valley was Plante's home, and Plante played a key
role in the other achvities which make the place lustonc
The record indicates that Antoulne Plante was a larger than life figure who bndged the gap
and moved freely between the Native Amencan and European settler commutuhes in the early
hfe of the Spokane Valley and area The statue of Antoine Plante, designed by sculptors retazned
by the County, shows Plante realisrically garbed in both pioneer and Nahve Amencan dress,
haling visitors to the srte as he nught have greeted customers of the ferry, government offic2als,
tnbal members, and others passing through the area or stopping at lus home for provisions and
rest The two designers of the statue teshfied at the pubhc heanng, indicatuig that they had
internewed relatives of Antoine Plante to assure the authenticity of the statue's dress and pose
One or both of the arhsts also designed the well-known and admired "runners in the park" steel
statues located along Spokane Falls Boulevard in the City of Spokane's River&ont Park The
current statue vnll be constructed of unpauited lugh-tech steel, which is bulletproof and will
weather naturally to blend in wnth the natural envuonment See testunony of David Govedare
and Keith Powell
The Waslungton Sta#e Department of Ecology (WDOE) commented that the project would
require a shorelule vanance pernut and shoreluze condihonal use pernut, m addihon to a
substanhal development pernut See letter dated 6-25-98 from WDOE to John Nunnery 1'he
WDOE letter cited WAC 173-27-160 (3) as authonty that the project involved an `unspecified
use" and therefore reqwred a condihonal use permit Under such WAC paragraph, uses wiuch
aze not classified or set forth ui the applicable master program may be authonzed as conditional
uses
Since WDOE is an agency of expertise wnth regard to shoreline matters, the WDOE
uiterpretation is enhtled to some deference However, the County Shoreline Master Program
does classify and set forth the proposed use of the site Under the Regulations for
Archaeological Areas and Histonc Sites, regulahon 13 12, apphcable to all shorehne areas,
addresses "developments or unprovements in archaeological, cultural, or lustoncal srtes or
buildmgs" Under the Regulahons for Recreahon, regulahons 14 1 1 and 14 12 apphcable to all
shoreline areas, address "recreaUonal achvihes dependent on or enhanced by the shoreluie
environment", including recreahonal trails, and "the design and development of recreahonal
areas" The pohcies in the Master Program for Recreation, in the Conservancy Area, reference
"passive recrearional uses", and "the design aiid development of recreational areas" Recreahon
is defined broadly to include " the pursuix of play, amusement, or relaxanon for the refreshment
of body and muid, in erther passive oi acti ve forms " See Master Program, p 3-13 The pohcies
in the Master Program for Archaeolagical Areas and Histonc Srtes, apphcable to all Shoreline
Areas, discuss the development and unprovement (for pubhc use and education) of
archaeological, cultural sites gr lustori: a1 sites or buildings Master Program, p 3-12
T'he statue clearly represents a form of passive recreation, and the development or
unprovement of an lustoncal or cultural sit€ fdr public use and educanon It cannot be forgotten
that the site is located on state parkland and adjacent to a general County park The
HE Findings, Conclusions and Decision SMA-210-98 Page 6
interpretahon by WDOE would reqwre every park unprovement vmthui the shorehne area,
whether it be a picmc table, fence, barbecue prt or histoncal signpost to requue the issuance of a
shorelme condibonal use pernut This is an urreasonable mterpretarion of the Master Program
and WAC 173-27-160 (3)
Whether a shorelme vanance is reqwred for the project as contended by WDOE represents a
much closer issue A shorelme vanance is needed to grant rehef from the specific bulk,
dimensional or performance standards set forth m the apphcable master program See WAC
173-27-170 General use regulahon 5 10 states as follows•
No structure in the shorelrne area shall be erected wtthin SO feet of the
ordinary htgh-water mark except f or brrdge approaches and bridges,
mannas, piers or docks, or butldings related to recreation developments
or proven to be otherwise necessary rn the publtc interest and authorized
by and con.srstent with thi.s Program
The public mterest jushfication for the project to be located wntlun the 50-foot shoreluie
setback is the need to mitigate the unpact on the lustoric area by the County's road vndening
project along Upnver Dnve A key word here is "necessary", a word Ieft out in the recitanon of
use regulation 5 10 in the Staff Report, on page 20 Comments from the Waslungton State
Department of Fish and Wildhfe (WDFVV) dated June 25,1998 suggest that the lustoncal
significance of the srte could be preserved wnthui the shoreluie by a less invasive method,
suggesting the use of uiformahonal signage, perhaps placed adlacent to the Centenrual Trail
However, it is unclear whether this would be sufficient to satisfy the State Histonc Preservahon
Office or the federal funding for the road widerung proJect. Further, the statue and its proposed
location overlookmg the old feny crossing wuquely, visually and powerfully capture the
unportant role played by Antouine Plante and the nver crossmg m the early history of the
Spokane Valley The condihons of approval do reqwre the apphcant to make efforts to locate a
histoncal marker across from the srte, adjacent to the Centenrual Trail
The Examiner also finds that the project is authonzed by and Ls consistent vvith the Shoreluie
Master Program The WDFW expressed concern that the statue would negatively unpact the
natural character of the shoreline, and that excavahon for the project would remove nahve
vegeta.hon See letter dated 6-25-98 firom WDFW Use regulation 13 12 for all shorelme areas,
reqwres that developments or unprovements in lustoncal or cultural sltes be designed to preserve
the natural environment and visual quality of its suiroundings Use regulahon 1414, regarding
Recreahon in all shorelme areas, requues that scemc views and the scetuc quality of the shorelme
area must be preserved or enhanced The Examiner does not read this regularion to exclude any
change to the natural character of the shorelme The design of the project does preserve the
natural environment and its visual quahty, as well as sceiuc views and sceruc quality o.f the
shorelme azea Some enhancement is provided through the plantang of native shrubs in an area
where erosion is occumng along the shorelme bank
HE Fmdings, Conclusions and Decision SMA-210-98 Page 7
2 The pronosal. as condihoned, complies with the provisions of the State Environmental
Policv Act (SEPA). the Countv's Local Environmental Ordinancel the County's Cntical Areas
Orduiance. and other auulicable regulahons and pohcies
No pubuc agencies requested that the Determinahon of Nonsigruficance (DNS) for the
project be wnthdrawn or modified, or alleged that the project would have sigruficant, probable
adverse unpacts on the envuonment No substanhal envuonmental issue was raised dunng the
hearing process As condihoned, the proposal will not have more than a moderate effect on the
quahty of the environment, and issuance of the DNS was appropnate The procedural
requirements of chapter 43 21 C RCW (SEPA) and chapter 11 10 of the Spokane County Code
have been met
The Staff Report contauis an analysis of the consistency of the proposal with the County
Zoning Code, County Comprehensive Plan and County Cntical Areas Ordmance (codified in
Chapter 1120 of the County Code) The Exanuner generally finds such analysis to be accurate
and adopts the same as findings and conclusions herem, except as supplemented below
The County's Cntical Areas Ordinance generally reqwres the establishment of a 200-foot
wide Ripanan buffer landward of the ordinary lugh water mark adjacent to the Spokane River in
- the azea, since the nver is designated as a Type 1 stream by the County's Cnhcal Areas maps
See County Resoluhon No 96-0302, paragraph 1120 060 The site and surrounduigs are also
designated by the Cnhcal Areas maps as Urban Natural Open Space
Ripanan habrtat is defined under the Cntical Areas Ordinance as an area adjacent to
flowing water that contauis elements of both aquahc and terrestnal ecosystems which mutually
ulfluence each other Such azeas have high valdhfe densifiy and species diversrty, serve as
unportant wildlife breeding and seasonal ranges, are important movement comdors, and are
lughly vulnerable to habrtat alterahon Urban Natural Open Space is a habrtat where a pnonty
wildhfe species resides vvithun or ad~acent to, and uses it for breeding and/or feeding, or as a
movement comdor between other pnonty habitats Such areas are considered to have
comparatively high vvildhfe density and diversity, lunrted availabihty, and a lugh vulnerabilrty to
alteration
The Cntical Areas Ordinance generally requires the preparation of a management plan for
land development located within a pnonty habitat, unless waived by the Division of Builduig
and Planrung after consultahon with the WDFW The Cntical Areas Orduiance requires npanan
buffer areas to be raaintained ul their natural state, anth some exceptions for roads and trails
Ripanan areas are to be retauied m their natural condihon, unless otherwise specified County
Resolution No 96-0302, paragraph 11 20 060 (C) Ripanan vegetahon in buffer areas cannot be
removed except in the case of fire or disease, unless there is no other altermative Equestnan,
pedestnan or bilce trmls must be set back at least SO feet from the orduiary high water mark, if
possible, and cannot exceed a width of 14 feet
"Conservation achvrties" are among those achvines allowed without regulation under the
Cntical Areas Ordmance, which could arguably include the project, due to its replacement of the
trail between the nver bank and the rock outcrop where the statute is located with nanve bushes,
and conservation and enhancement of a histonc area County Resolution No 96-0302, paragraph
HE Findings, Conclusions and Decision SMA-210-98 Page 8
w
11 20 030 (A) WDFW, in commenting on the project, did not request preparahon of a habitat
management plan. The project is, nevertheless, condirioned for compl2ance with the Cntical
Areas Ordinance
M. DECISION
Based on the above finduigs of fact and conclusions, the above application for a shorelme
substantial development pemut is hereby approved, subject to the conditions of public agencies
stated below
The Division of Buildng and Planrung is duected to prepare a Substanhal Development
Penrut for the project, subject to such conditions of approval The Division shall also promptly
forward the pernut to the Washuigton State Department of Ecology for approval Such permrts
may be rescindai if the pernuttee does not comply with the conditions of approval of the pernut,
pursuant to RCW 90 58 140 (8)
SPOh:ANE COUrTTY DIVISION OF BUII.DING AND PLA►NNING
1 The Shoreline Adnumstrator of the Division of Bwlduig and Planning sha11 prepare and
issue a Substanhal Development Pennrt for the project, pursuant to the provisions of the local
and state shoreline regulahons and as specified in tlus dectmon
2 The apphcant Ls responsible for comphance vvith the below condihons of approval The
apphcant shall ensure that all employees, contractors and subcontractors are aware of the
conditions of approval It is recommended that the condihons be made part of all construction
contracts to ensure comphance and clanfy any potential hability for non-comphance
3 During construction, if histoncal or archaeological arhfacts are discovered (unearthed), the
apphcant shall ensure (such as provision in a construction contiact) that construction is
immediately halted and the Crty/County Histonc Preservation Office and the Washuigton State
Office of Archaeology and Histonc Preservation is notified Construchon work is not to proceed
m the near vicnuty of the artifact(s) location, until authonzed by such agencies
4 Reasonable cauhon shall be exercised to ensure that construchon-related equipment,
maclune fluids and fueis are not operated, stored, located, and/or transferred m any part of the
shoreline area (200 feet from the ordinary lugh-water mark of the Spokane River) in a manner
where such flwds or fuels can drain into or later make theu way to the Spokane River,
contaminate the water quality of Spokane River or hazm the related water habrtatlwildlife
5 Dunrig construchon, measures shall be taken to prevent erosion of the shoreline area (i e
t.he area vvith2n 200 feet of the ordinary lugh-water mark of Spokane River) and prevent pro,ect
related silt-laden runoff from entenng the Spokane River Settling ponds, straw bail filtering
dams and/or other erosion control techruques shall be used to ensure that the water qualrty of the
Spokane River is not degraded
HE Findings, Conclusions and Decision SMA-210-98 Page 9
~
6 After construction work has been completed, the areas with disturbed soil shall be re-
seeded in a manner that prevents erosion and ensures seed germination (Note The Washuigton
State Department of Ecology has a hst of nahve grasses for the area) The re-seeding and erosion
control apphcanon shall take place as soon as possible after final grading/work, but no later than
30 days after final grading/work (note dunng tlus hme, condirion #S above sha11 conhnue to
aPP1Y)
7 All other regulation or other permrt condrtions of approval, whether menhoned in tlus
pernut or not, shall be the apphcant's compliance responsibility This includes, without
lumtation, compliance vvith the Spokane County Cntical Areas Ordinance
8 This Substantial Development Peimit, SMA-210-98, is approved vinth condthons, with two
(2) permrt expu aUon deadluies
a Two (2)-year penod to commence work on the project from the "effechve date" of the
pernut WAC 173-27-090 (3) defines the "effecbve date" (i e date of last action required
to approve the permrt, such as DOE signature, appeals complete, other related pernuts
issued)
_ If a"commence work" extension has been filed (wrth applicahon subnutted and fees paid)
before the 2-year expuation date, a one (1)-year extension to commence the project may be
granted, provided it is based on reasonable factors See WAC 173-27-090 (2)(a)
b Five (5)-year penod to complete the project from the "effechve date" of the pernut
WAC 173-27-090 (3) defines the "effecfave date "
If a"complete the project" extension has been filed (wrth apphcarion subnutted and fees
paid) before the 5-year expuahon date, a one (1)-year extension to complete the project
may be granted, provided it is based on reasonable factors See WAC 173 27-090 (2)(b)
9 Pursuant to WAC 173-27-090 (4), all conditions of approval must be sahsfied before the
structures or unpmvements are allowed to be used
10 Any revisions to tlus Substantial Development Pernut must be approved by Spokane
County and the Washuigton State Department of Ecology
11 Pnor to starhng construcbon, (1) if applicable, an approved Hydraulic Pernmt must be
acqtured from the Waslungton State Department of Fish and Wildhfe and (2) an approved 100-
year flood plaui perrrut must be acquued from the Spokane County Division of Engineenrig
12 The project shall reduce or etuninate foot traffic to the top of the rock outcrop, by
removing a portion of the fill between the rock outcrop and the nver bank, and planting nanve
shrubs that vvill create a dense vegetanve bamer and discourage people from walking onto the
top of the rock outcrop The bamer shrubs shall be uispected after a year and replanted if any
shrubs are not established or died The shrub bamer shall be mauitamed to provide necessary
habitat, prevent erosion, and ensure that foot traffic is reduced or eliminated to the top of the rock
outcrop
HE Findmgs, Conclusions and Decision SMA-210-98 Page 10
,
13 The disturbed soil at the excavation shall be re-seeded with mulch to prevent erosion and
prevent silt from enteruig the nver If allowed by the property owner, it is recommended that the
remauung foot path adjacent the rock outcrop be re-seeded with mulch to control any existing
erosion
14 The applicant shall make a reasonable effort to have a histonc marker placed along the
Spokane Centenrual Trail to notify the public of the statue across the nver on the rock outcrop,
vnth a bnef statement of the history of this registered histonc site
DATED this 24th day of September, 1998
- SPOK;ANE COijNTY HEARING EXAMINER
Mchael C Dempsey, WSBA #8235
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
The above decision is a final decision by the Heanng Examiner on the above-referenced
apphcations Pursuant to RCW 90 58 180 (1), any person aggneved by the granting of the above-
descnbed permits may seek review from the Washuigton State Sborelines Heanngs Board by filuig
a pehtion for review vnthin 21 calendar days of the date of filuig of the above decision as defined in
RCW 90 58 140 (6)
This Decision was mailed by Certified Mail to the A,pphcant, the Waslungton State
Department of Ecology and the Waslvngton State Attorney General on September 24, 1998
The complete record in this matter, tncluduig this dec2sion, is currently on file with the Office
of the Heanng Examuier, Third Floor, Pubhc Works Bwlduig, 1026 West Broadway Avenue,
Spokane, Washington, 99260-0245, (509) 3243490 The file may be mspected dunng normal
workuig hours, listed as Monday - Fnday of each week, except hohdays,between the hours of 8 00
a m and 4 30 p m Copies of the documents in the record will be made available at the cost set by
Spokane County ordinance
HE Findings, Conclusions and Decision SMA 210-98 Page 11