Declare a state of emergency for the Newaukum Valley Road Emergency Bank Stabilization BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 21-177
DECLARING A STATE OF EMERGENCY FOR THE
NEWAUKUM VALLEY ROAD EMERGENCY BANK
STABILIZATION PROJECT UNDER WAC
197-11-880 AND WAC 173-27-040(2)(D)
WHEREAS, WAC 197-11-880 defines an emergency action as that which must be
undertaken immediately or within a time too short to allow full compliance with
Chapter 197-11, to avoid an imminent threat to public health or safety, to prevent
an imminent threat to public health or safety, to prevent an imminent danger to
public or private property, or to prevent an imminent threat of serious
environmental degradation; and
WHEREAS, WAC 173-27-040(2)(d) defines emergency construction as actions
necessary to protect property from damage by the elements. An "emergency" is
an unanticipated and imminent threat to public health, safety, or the environment
which requires immediate action with a time too short to allow full compliance
Chapter 90-58 RCW; and
WHEREAS, the Newaukum Valley Road Emergency Bank Stabilization project
needs to be completed during the in-water work season (before August 30th)
because it is anticipated if work is not performed that additional bank and
roadway will be lost in winter high flows; and
WHEREAS, in order to process the project as quickly as possible, the Board of
County Commissioner Chair or Vice Chair, in his absence, needs to sign an
agreement with the Department of Natural Resources using Docusign.
NOW THEREFORE BE IT RESOLVED the BOCC declares the Newaukum Valley
Road Bank Stabilization project an emergency per WAC 197-11-880 and WAC
173-27-040(2)(d) and the Board of County Commissioner Chair or Vice Chair, in
his absence, is authorized to sign the agreement using Docusign.
DONE IN OPEN SESSION this 4th day of May, 2021.
Page 1 of 2 Res. 21-177
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Amber Smith Gary Stamper
By: Amber Smith, Gary Stamper, Chair
Deputy Prosecuting Attorney
ATTEST: •'�°""'y was'• Lindsey R. Pollock DVM
t odsey R. Pollock, DVM, Vice Chair
SX
1g45
Rieva Lester o.-„• Sean D. Swope
Rieva Lester, Sean D. Swope, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 2 of 2 Res. 21-177
WAC 197-11-880 Emergencies. Actions that must be undertaken im-
mediately or within a time too short to allow full compliance with
this chapter, to avoid an imminent threat to public health or safety,
to prevent an imminent danger to public or private property, or to
prevent an imminent threat of serious environmental degradation, shall
be exempt . Agencies may specify these emergency actions in their pro-
cedures .
[Statutory Authority: RCW 43.21C. 110 . WSR 84-05-020 (Order DE 83-39) ,
§ 197-11-880, filed 2/10/84, effective 4/4/84 . ]
Certified on 10/25/2019 WAC 197-11-880 Page 1
WAC 173-27-040 Developments exempt from substantial development
permit requirement. (1) Application and interpretation of exemptions .
(a) Exemptions shall be construed narrowly. Only those develop-
ments that meet the precise terms of one or more of the listed exemp-
tions may be granted exemption from the substantial development permit
process.
(b) An exemption from the substantial development permit process
is not an exemption from compliance with the act or the local master
program, nor from any other regulatory requirements . To be authorized,
all uses and developments must be consistent with the policies and
provisions of the applicable master program and the Shoreline Manage-
ment Act. A development or use that is listed as a conditional use
pursuant to the local master program or is an unlisted use, must ob-
tain a conditional use permit even though the development or use does
not require a substantial development permit. When a development or
use is proposed that does not comply with the bulk, dimensional and
performance standards of the master program, such development or use
can only be authorized by approval of a variance.
(c) The burden of proof that a development or use is exempt from
the permit process is on the applicant .
(d) If any part of a proposed development is not eligible for ex-
emption, then a substantial development permit is required for the en-
tire proposed development project.
(e) Local government may attach conditions to the approval of ex-
empted developments and/or uses as necessary to assure consistency of
the project with the act and the local master program.
(2) The following developments shall not require substantial de-
velopment permits :
(a) Any development of which the total cost or fair market value,
whichever is higher, does not exceed five thousand dollars, if such
development does not materially interfere with the normal public use
of the water or shorelines of the state. The dollar threshold estab-
lished in this subsection must be adjusted for inflation by the office
of financial management every five years, beginning July 1, 2007,
based upon changes in the consumer price index during that time peri-
od. "Consumer price index" means, for any calendar year, that year' s
annual average consumer price index, Seattle, Washington area, for ur-
ban wage earners and clerical workers, all items, compiled by the Bu-
reau of Labor and Statistics, United States Department of Labor. The
office of financial management must calculate the new dollar threshold
and transmit it to the office of the code reviser for publication in
the Washington State Register at least one month before the new dollar
threshold is to take effect. For purposes of determining whether or
not a permit is required, the total cost or fair market value shall be
based on the value of development that is occurring on shorelines of
the state as defined in RCW 90 . 58 . 030 (2) (c) . The total cost or fair
market value of the development shall include the fair market value of
any donated, contributed or found labor, equipment or materials;
(b) Normal maintenance or repair of existing structures or devel-
opments, including damage by accident, fire or elements . "Normal main-
tenance" includes those usual acts to prevent a decline, lapse, or
cessation from a lawfully established condition. "Normal repair" means
to restore a development to a state comparable to its original condi-
tion, including but not limited to its size, shape, configuration, lo-
cation and external appearance, within a reasonable period after decay
or partial destruction, except where repair causes substantial adverse
effects to shoreline resource or environment. Replacement of a struc-
Certified on 10/25/2019 WAC 173-27-040 Page 1
feeding and/or grazing, nor shall it include normal livestock winter-
ing operations;
(f) Construction or modification of navigational aids such as
channel markers and anchor buoys;
(g) Construction on shorelands by an owner, lessee or contract
purchaser of a single-family residence for their own use or for the
use of their family, which residence does not exceed a height of thir-
ty-five feet above average grade level and which meets all require-
ments of the state agency or local government having jurisdiction
thereof, other than requirements imposed pursuant to chapter 90. 58
RCW. "Single-family residence" means a detached dwelling designed for
and occupied by one family including those structures and developments
within a contiguous ownership which are a normal appurtenance. An "ap-
purtenance" is necessarily connected to the use and enjoyment of a
single-family residence and is located landward of the ordinary high
water mark and the perimeter of a wetland. On a statewide basis, nor-
mal appurtenances include a garage; deck; driveway; utilities; fences;
installation of a septic tank and drainfield and grading which does
not exceed two hundred fifty cubic yards and which does not involve
placement of fill in any wetland or waterward of the ordinary high wa-
ter mark. Local circumstances may dictate additional interpretations
of normal appurtenances which shall be set forth and regulated within
the applicable master program. Construction authorized under this ex-
emption shall be located landward of the ordinary high water mark;
(h) Construction of a dock, including a community dock, designed
for pleasure craft only, for the private noncommercial use of the own-
er, lessee, or contract purchaser of single-family and multiple-family
residences . A dock is a landing and moorage facility for watercraft
and does not include recreational decks, storage facilities or other
appurtenances . This exception applies if either:
(i) In salt waters, the fair market value of the dock does not
exceed two thousand five hundred dollars; or
(ii) In fresh waters the fair market value of the dock does not
exceed:
(A) Twenty thousand dollars for docks that are constructed to re-
place existing docks, are of equal or lesser square footage than the
existing dock being replaced, and are located in a county, city, or
town that has updated its master program consistent with the master
program guidelines in chapter 173-26 WAC as adopted in 2003; or
(B) Ten thousand dollars for all other docks constructed in fresh
waters.
However, if subsequent construction occurs within five years of
completion of the prior construction, and the combined fair market
value of the subsequent and prior construction exceeds the amount
specified in either (h) (ii) (A) or (B) of this subsection, the subse-
quent construction shall be considered a substantial development for
the purpose of this chapter.
For purposes of this section salt water shall include the tidally
influenced marine and estuarine water areas of the state including the
Pacific Ocean, Strait of Juan de Fuca, Strait of Georgia and Puget
Sound and all bays and inlets associated with any of the above;
(i) Operation, maintenance, or construction of canals, waterways,
drains, reservoirs, or other facilities that now exist or are here-
after created or developed as a part of an irrigation system for the
primary purpose of making use of system waters, including return flow
and artificially stored groundwater from the irrigation of lands;
Certified on 10/25/2019 WAC 173-27-040 Page 3
state, provided that any structure, other than a bridge or culvert or
instream habitat enhancement structure associated with the project, is
less than two hundred square feet in floor area and is located above
the ordinary high water mark of the stream.
(ii) "Watershed restoration plan" means a plan, developed or
sponsored by the department of fish and wildlife, the department of
ecology, the department of natural resources, the department of trans-
portation, a federally recognized Indian tribe acting within and pur-
suant to its authority, a city, a county, or a conservation district
that provides a general program and implementation measures or actions
for the preservation, restoration, re-creation, or enhancement of the
natural resources, character, and ecology of a stream, stream segment,
drainage area, or watershed for which agency and public review has
been conducted pursuant to chapter 43 .21C RCW, the State Environmental
Policy Act;
(p) A public or private project that is designed to improve fish
or wildlife habitat or fish passage, when all of the following apply:
(i) The project has been approved in writing by the department of
fish and wildlife;
(ii) The project has received hydraulic project approval by the
department of fish and wildlife pursuant to chapter 77 . 55 RCW; and
(iii) The local government has determined that the project is
substantially consistent with the local shoreline master program. The
local government shall make such determination in a timely manner and
provide it by letter to the project proponent.
Fish habitat enhancement projects that conform to the provisions
of RCW 77 . 55 . 181 are determined to be consistent with local shoreline
master programs, as follows:
(A) In order to receive the permit review and approval process
created in this section, a fish habitat enhancement project must meet
the criteria under (p) (iii) (A) (I) and (II) of this subsection:
(I) A fish habitat enhancement project must be a project to ac-
complish one or more of the following tasks :
• Elimination of human-made fish passage barriers, including cul-
vert repair and replacement;
• Restoration of an eroded or unstable streambank employing the
principle of bioengineering, including limited use of rock as a stabi-
lization only at the toe of the bank, and with primary emphasis on us-
ing native vegetation to control the erosive forces of flowing water;
or
• Placement of woody debris or other instream structures that
benefit naturally reproducing fish stocks .
The department of fish and wildlife shall develop size or scale
threshold tests to determine if projects accomplishing any of these
tasks should be evaluated under the process created in this section or
under other project review and approval processes . A project proposal
shall not be reviewed under the process created in this section if the
department determines that the scale of the project raises concerns
regarding public health and safety; and
(II) A fish habitat enhancement project must be approved in one
of the following ways :
• By the department of fish and wildlife pursuant to chapter
77 . 95 or 77 . 100 RCW;
• By the sponsor of a watershed restoration plan as provided in
chapter 89. 08 RCW;
• By the department as a department of fish and wildlife-spon-
sored fish habitat enhancement or restoration project;
Certified on 10/25/2019 WAC 173-27-040 Page 5
90. 58 . 030 (3) (e) , 90 . 58 . 045, 90. 58 . 065, 90 . 58 . 140 (9) , 90 . 58 . 143,
90 . 58 . 147, 90 . 58 . 200, 90. 58 . 355, 90 . 58 . 390, 90. 58 . 515, 43 . 21K. 080,
71 . 09.250, 71 . 09. 342, 77 . 55 . 181, 89. 08 . 460, chapters 70 . 105D, 80. 50
RCW. WSR 07-Q2-086 (Order 05-12) , § 173-27-040, filed 1/2/07, effec-
tive 2/2/07 . Statutory Authority: RCW 90. 58 . 140 (3) and [90 . 58] . 200.
WSR 96-20-075 (Order 95-17) , § 173-27-040, filed 9/30/96, effective
10/31/96 . ]
Certified on 10/25/2019 WAC 173-27-040 Page 7
BOCC AGENDA ITEM SUMMARY
Resolution: 21-177 BOCC Meeting Date: May 4, 2021
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Declaring a state of emergency for the Newaukum Valley Road Emergency Bank Stabilization
Project under WAC 197-11-880 and WAC 173-27-040(2)(d)
Contact: Josh Metcalf Phone: 360-740-2762
Department: PW - Public Works
Description:
This Resolution is to approve the declaration of emergency for the Newaukum Valley Road Bank
Stabilization project per WAC 197-11-880 and WAC 173-27-040(2)(d)
Approvals: Publication Requirements:
Publications:
User Status
PA's Office Pending
Additional Copies: Cover Letter To:
Tim Fife, PW; Geoff Soderquist, PW; Ann
Weckback, PW; Tina Hemphill, PW, Kim
Amrine, PW