35.20.350 Application requirements

35.20.350 Application requirements.

(1) Applications for shoreline stabilization shall provide all of the information required in CCC 35.50.150 plus any additional information that may be required pursuant to the critical areas regulations in Chapter 35.35 CCC.

(2) Proposals for new or expanded structural or nonstructural shoreline stabilization must provide documentation that demonstrates all of the following:

(a) The erosion is not being caused by upland conditions, such as the loss of vegetation or poor drainage; and

(b) The erosion is not due to landslides, sloughing or other forms of shoreline erosion unrelated to water action at the toe of the slope; and

(d) The structural shoreline stabilization design is the least environmentally damaging alternative; and

(e) Unavoidable adverse impacts are mitigated according to the prescribed mitigation sequence such that there is no net loss of shoreline ecological functions or processes.

(3) Geotechnical reports pursuant to this section shall demonstrate the need for shoreline stabilization by estimating time frames and rates of erosion and describing the urgency associated with the specific situation. As a general matter, hard armoring solutions shall not be authorized except when a report confirms that there is a significant possibility that such a structure will be damaged within three years as a result of shoreline erosion in the absence of such hard armoring measures, or where waiting until the need is that immediate, would foreclose the opportunity to use measures that avoid impacts on ecological functions. Thus, where the geotechnical report confirms a need to prevent potential damage to a primary structure, but the need is not as immediate as the three years, the report may still be used to justify more immediate authorization to protect against erosion using soft measures.

(4) To verify that the provisions of this section are fully addressed, the Administrator may require information to support a permit application for any type of shoreline stabilization. The Administrator shall consult with the appropriate State and federal natural resources agencies to determine the type and level of information that should be provided. Application information required pursuant to this section shall address the urgency and risks associated with the specific site characteristics and shall include:

(a) A scaled site plan showing: (i) existing site topography, and (ii) the location of existing and proposed shoreline stabilization structures, and any fill including dimensions indicating distances to the ordinary high water mark; and

(b) A description of the processes affecting the site and surrounding areas, including but not limited to tidal action and/or waves; slope instability or mass wasting; littoral drift; channel migration; and soil erosion, deposition, or accretion; and

(c) A description of alternatives to structural approaches, and a thorough discussion of the environmental impacts of each alternative; and

(d) A description of any proposed vegetation removal and a plan to revegetate the site following construction; and

(e) A hydraulic analysis prepared by a qualified hydrologist, professional engineer, geotechnical engineer or engineering geologist that describes anticipated effects of the project on water and wave elevations and velocities; and

(f) A biological resource inventory and analysis prepared by a qualified professional biologist that describes the anticipated effects of the project on fish and wildlife resources; and

(g) A cultural resources assessment if there are known or suspected cultural, archaeological or historic resources in the vicinity of the site; and

(h) A description of opportunities for providing public access to and along the affected shoreline, as well as any proposed on-site recreational features, if applicable; and

(i) A description of any waste and debris disposal sites for materials generated during construction; and

(j) Any other information that may be required by the Administrator to demonstrate compliance with the review criteria referenced in this section.