6/6/1991 CONSERVATION COMMISSION Minutes

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Conservation Commission June 6, 1991 Page 5. there, Bob was there, Dan Gilmore was there and I was there. He said there is really no need for appeal here, work this out with the commission, file a third notice of intent and work it out. We have provided to you every bit of information that you requested. All we are doing is permitting a ramp, not a float; the float has been pennitted by the harbormaster. Under the 91 regulations it is allowed. HoMEYER: Isn't the ramp also allowed under the new 91 AYES: Absolutely. We know we don't need a 91 permit we have provided you with documentation on that. We have the current mooring puts from the harbormaster, The regulations say that if you have a harbormaster permit and it is current then a seasonal float is not considered a dock and 91 sags it is perntittable and that the extension or the ramp or the gangplank that connects it to a walkover structure, or any type of a patio, is considered part of the float and.therefore, as long as you have the harbormaster's peri t this is something that is permittable. CCFEY: A couple of quid question, the notation here says CZM. recomendation on our post-hearing agenda, the one we are looking at is September +, 1990, is that it' Is there something current? HAVES: I haven't seen that. The Cal recommendations I provided to the Commission a year ago were the guidelines on the docks and the piers and new regulations. It says, if you are going to be working in an ACEC, we recommend that imtead of going with a permanent structure, a pier with anchors, with pipes that make it an actual structure, go with a bottom anchored float to mirui a the impact on the shellfish habitat. Nuke sure it is temporary, have it permitted .by the harbormaster, it doesn't meet the definition of structure under the 91 and the ACEC rogula tion ' and therefore, , it is a float and it is exempt from MEPA. COFFEY: And the harbormaster's permit, you have a current one? {Yes, I do, dated 29 Nay). SIMMONS: Norman, this report of Paul's that we just got, he has concern about the float. HAYES: It's not an issue* SIMMONS: As far as I'm concerned we still, even though the harbonnaster permits the float, if it is in an inappropri-ate area f -do feel that we- have jurisdiction. HAYE : Again, you have asked me to provide you with up-to-date information. . SONS Right, this conflicts) i have been down there on spring low tides., I have sat there and observed the float net bottom out, but even if it did bottom out for a couple of hours, that is not going to impact on the long-term effects on the shellfish. If it was going to stay there for a period of weeks or days at a time, sure, you're going to have an effect on the shellfish being able to feed, but if the Moat did bottom out during extreme low tide for a period of three or four hours, that is going to have negligible effect on the shellfish. f SSI : What about the boat that is moored there'd AYES: Fortunately, there is a channel that on the west side of the float that is f somewhat deeper from the incidence of prop wash and this is going to happen so that isn't going to bottom...out at any time.. we .have provided you with a channel that shows you exactly how Mr, Nest is going to come in to the float and I would ask you to read thecomments on that. We have made them very explicit for you so there would be no question.