Exemption Form WC Shoreline Management Program 2009



5280 Northwest Drive, Suite B

Bellingham, WA  98226


David Stalheim


J.E. “Sam” Ryan

Assistant Director








Applicant: Lummi Island Community Land Trust

c/o Ms. Wanda Cucinotta

2303 Tuttle Lane

Lummi Island, Washington 98262


Project Description: Marine shoreline buffer and stormwater enhancement activities

including the following:

o Native plant installation along the perimeter of the existing

Lummi Island Ferry Terminal and adjacent County-owned

beach to the north of the terminal.

o Installation of stormwater filters within existing catch basins

located at the ferry terminal and the associated parking

area across Nugent Road.

o Placement of up to five (5) large rootwads within the

marine shore buffer on the adjacent property north of the

County-owned beach.


Project Location: Lummi Island Ferry Terminal

Section 04, Township 37 North, Range 03 East.

Assessors Parcel Number 370104547077/37010562141


2178 South Nugent Road

Section 04, Township 37 North, Range 03 East

Assessors Parcel Number 370104530110


Water Body: Hale Pass / Strait of Georgia


Shoreline Designation: Rural / Aquatic

SEPA Determination: Categorically Exempt per WAC 197-11-800(3) – Repair,

Remodeling and Maintenance Activities.

Whatcom County Shoreline Management Program (SMP), Title 23, Section states that a public or private project of which the primary purpose is to improve fish or wildlife habitat is exempt from the requirement to obtain a Shoreline Substantial Development permit when the project has been approved in writing by the Washington State Department of Fish and Wildlife (WDFW) as necessary from the improvement of the habitat and appropriately designed to accomplish the intended purpose.  A Hydraulics Project Approval (HPA) is also required from WDFW.  It has been determined that the enhancement activities are consistent with the above referenced exemption and applicable policies and regulations of the SMP.


The requested Shoreline statement of exemption is approved subject to the attached conditions.  Note that pursuant to Section 23.60.15 the applicant or any opponent of this determination may appeal this administrative permit decision to the office of the Hearing Examiner.  The application for appeal from the Shoreline Administrator’s decision may be obtained at the Planning and Development Services Office.  Such an appeal shall be filed within twenty (20) calendar days of this determination.


Note that obtaining a shoreline statement of exemption for a development or use does not excuse the applicant from complying with any other State, regional, or Federal statutes or regulations applicable to such development or use.


Official:  Chad Yunge Title: Shoreline Program Administrator

Dated: 30 April 2009








1. The proposed project shall be consistent with the site plans and scope of work approved by this Statement of Exemption.  Any alteration of the approved project proposal shall require additional review by the Whatcom County Shorelines Administrator.

2. All work shall be conducted consistent with the Revocable Encroachment Permit (ENC2009- 00157) issued by Whatcom County Public Works – Engineering Services Division.

3. The applicant shall contact the Washington State Department of Fish and Wildlife (WDFW) to obtain a Hydraulics Project Approval (HPA) or any other approvals as determined by WDFW.  A copy of the HPA shall be submitted to the Shoreline Administrator prior to starting work.

4. The root wads shall be placed a minimum distance of ten (10) feet from the ordinary high water mark(OHWM) of Hale Pass and be done without impacting existing buffer vegetation between Nugent Road and the OHWM.

5. If archaeological materials (bone, shell midden, cobble tools, etc.) are observed during site work, work in the area of discovery shall cease and the Whatcom County Shoreline Administrator (676-6907) LNTHPO (384-2298) and Washington State Office of Archaeology and Historic Preservation (360-586-3065) shall be contacted immediately to determine the significance of the discovery.  If human remains are observed, the Whatcom County Sheriff (911) and LHTHPO Department (384-2298) shall be contacted immediately.  Compliance with all other applicable laws pertaining to archaeological resources is required.

6. Development shall commence within two years of the effective date of this Shoreline Statement of Exemption.