15-103672'' 3V11'" TEgmwmTY & ECONOMIC DMLOPURNT' DEPARTMENT
RES LI �.� hn 33325 e Avenue South
Federal Way, WA 98003-6325
CITY OF AUG 1 2015 253-835-2607; Fax 253-835-2609
wmv.cityoffederalway_com
Federal Way
_
CITY OF FEDERAL WAY
CD5
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT
EXEMPTION APPLICATION
File# �5 I C)7Z
TO BE COMPLETED By APPLICANT
Project Name: Tamesis Bulkhead Repair
Project Address: 31002 39th Ave SW, Federal Way, WA 98023
Applicant: Richard Tarrlesis
Mailing Address: 31002 39th Ave SW, Federal Way WA 98023
Phone Number: (909) 657-1364 E-mail: rtamesis@mac.co.
Description of Project: Replace missing and damaged timbers from existing bulkhead/
retaining wall as marked in the field with new. ACZA ammoniacal copper zinc arsenate)
pressure -treated timbers of equal size and secure them in place by installing 1/2 inch
steel rods for full height of wall.
Meets the criteria for exemption under which section of * WAC 173-27-040:
*Washington A istr '�e ade online: anps.leg.wa.ggy
Applicaist's Signature )pate
Bulletin #143 —March 25, 2013 1 of 2 k:\Handouts\Shoreline Exemption
TO BE CONTLETED-BY STAFF
1) The proposed development is consistent with Section '? � of WAC 173-27-040
and is therefore exempt from the Substantial Development Permit Process.
9 Yes ❑ No (explanatory narrative attached)
2) Proposal requires:
Yes No
❑ 9 Shoreline Variance
❑ 0 Shoreline Conditional Use
® ❑ Review, Approval or Permit by other State or Federal Agency
4e A ix re.r oHs'61.e �- Go4-1-4c_41-H
3) Proposal complies with applicable provisions of the City's Shoreline Master Program.
0 Yes ❑ No Condition(s) attached: ® Yes ❑ No
r X C, Je c-;�o k, S . 0 S. OS O . . (,. j 4-1 e: I� 't•e 1
4) In accordance with FWRC Section 15.05.130, this application is hereby:
® Approved ❑ Denied
Director, Community &-Etenomie- Development Date
Vie v-t' Grmfole �reaAd wood 1f HoGt4'6i¢e..1.
Distribution:
21
Applicant
❑
Owner
K
File
❑
Outside Agency
Bulletin #143 —March 25, 2013 2 of 2 k:\Handouts\Shoreline Exemption
Mr. Richard Tamesis
31002 39ei Avenue SW
Federal Way, WA 98023
Jim Ferrell, Mayor
FILE.
August 6, 2015
Re: Files #15-103673-00-SF & 15-103672-00-SH; CREOSOTE PRESSURE TREATED TIMBER PROHIBITED
Tamesis Bulkhead Repair, 31002 391h. Avenue SW
Dear Mr. Tamesis:
The city has reviewed the shoreline exemption and building permit application for your proposed bulkhead
repair. The plans indicate the use of creosote pressure treated timber and creosote on all cuts and bore holes.
State law and the city code prohibit the use of creosote in marine environments.
We have verified the Washington State Department -of Fish & Wildlife (WDF` /) does not allow the use of
creosote -treated timber for any use in waters of the state. Per Washington Administrative Code (WAC) 220-
660-360 7.c:
"Do not use wood treated with oil -type preservatives (creosote, pentachlorophenol) in any hydraulic project.
Wood treated with waterborne preservative chemicals (ACZA, ACQ) may be used if the western wood
preservers institute has approved the waterborne chemical for use in the aquatic environment. The
manufacturer must follow the western wood preservers guidelines anal the best management practices to
minimize the preservative migrating from treated wood into aquatic environments. To minim;re leaching,
wood treated with a preservative by someone other than a manufacturer must follow the field treating
guidelines. These guidelines are available at. warw.xvwpinstitute.4."
As eve have discussed you will need to apply for a Hydraulic Project Approval (HPA) from WDFW to
perform the bulkhead repair. You will need to demonstrate compliance with the above standard as part of the
HPA process.
Federal Way Revised Code (FWRC) 15.05.050.1.a.xi also states that use of creosote treated wood is prohibited
within marine shorelines. Please revise your submitted building plans accordingly and provide three sets along
with the enclosed resubmittal form. If you have questions regarding these comments contact me at 253-835-
2634, or stacev.welsh e cityoffederalway.c.
Sincerely,
Stacey Welsh, AICP
Senior Planner
Enc: Resubmittal Form
c: Peter Lawrence, Plans Examiner
Doc I.D. 70390
33325 8th Avenue South, Federal Way, WA 98003-6325 & (253) 835-7000 www.cityoffederalway.com
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PERMIT'1
15-105673-00-SF
ADDREo,
31002 39th Ave SW
PROJECT:
Bulkhead/Retaining Wall
TAMESIS
RESUB:
8/18/15
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Washington Department of
DEC Fish & Wildlife
HYDRAULIC PROJECT
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laslaal Way Olympia, WA9851
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Issued Date: December 01, 2015
Permit Number: 2015-4-904+01*
Project End Date: December 31, 2017
FPA/Public Notice Number: N/A
Application ID: 5294
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PERMITTEE
AUTHORIZED AGENT OR CONTRACTOF
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Richard Tamesis
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31002 39th Ave SW
Federal Way, WA 98023-2179 r
Project Name: Tamesis Bulkhead Repair %¢ ? a f�
Project Description: Replace missing and damaged timbers from existing bulkhead/retaining wall as marked in the
field with new, ACZA pressure -treated timbers of equal size and secure them in place by
installing 1 /2 inch steel rods for full height of wall.
PROVISIONS
1. TIMING LIMITATION: To protect fish and shellfish habitats at the job site, work below the ordinary high water line
must occur from AUGUST 1 through December 31 and January 1 through FEBRUARY 15 of any year.
2. APPROVED PLANS: Work must be accomplished per plans and specifications submitted with the application and
approved by the Washington Department of Fish and Wildlife, entitled TAMESIS BULKHEAD REPAIR, received
OCTOBER 26, 2015, except as modified by this Hydraulic Project Approval. You must have a copy of these plans
available on site during all phases of the project proposal.
NOTIFICATION
3. PRE- AND POST -CONSTRUCTION NOTIFICATION: You, your agent, or contractor must contact the Washington
Department of Fish and Wildlife by e-mail at HPAapplications@dfw.wa.gov; mail to Post Office Box 43234, Olympia,
Washington 98504-3234; or fax to (360) 902-2946 at least three business days before starting work, and again within
seven days after completing the work. The notification must include the permittee's name, project location, starting date
for work or date the work was completed, and the permit number. The Washington Department of Fish and Wildlife
may conduct inspections during and after construction; however, the Washington Department of Fish and Wildlife will
notify you or your agent before conducting the inspection.
4. PHOTOGRAPHS: You, your agent, or contractor must take photographs of the job site before the work begins and
after the work is completed. You must upload the photographs to the post -permit requirement page in the Aquatic
Protection Permitting System (APPS) or mail them to Washington Department of Fish and Wildlife at Post Office Box
43234, Olympia, Washington 98504-3234 within 30-days after the work is completed.
5. FISH KILL/ WATER QUALITY PROBLEM NOTIFICATION: If a fish kill occurs or fish are observed in distress at the
job site, immediately stop all activities causing harm. Immediately notify the Washington Department of Fish and
Wildlife of the problem. If the likely cause of the fish kill or fish distress is related to water quality, also notify the
Washington Military Department Emergency Management Division at 1-800-258-5990. Activities related to the fish kill
or fish distress must not resume until the Washington Department of Fish and Wildlife gives approval. The Washington
Department of Fish and Wildlife may require additional measures to mitigate impacts.
Page 1 of 6
Washington Department of
Fish & Wildlife
HYDRAULIC PROJECT APPROVAL PO Box43234
IVwM1ingwn DepoMienl a/ Olympia, WA 98504-3234
FISH.a WTT,nr,IFF
(360)902-2200
Issued Date: December 01, 2015 Permit Number: 2015-4-904+01
Project End Date: December 31, 2017 FPA/Public Notice Number: N/A
Application ID: 5294
STAGING, JOB SITE ACCESS AND EQUIPMENT
6. Establish the staging area (used for activities such as equipment storage, vehicle storage, fueling, servicing, and
hazardous material storage) in a location and manner that will prevent contaminants like petroleum products, hydraulic
fluid, fresh concrete, sediments, sediment -laden water, chemicals, or any other toxic or harmful materials from entering
waters of the state.
7. Clearly mark boundaries to establish the limit of work associated with site access and construction.
8. Retain all natural habitat features on the beach larger than twelve inches in diameter including trees, stumps, logs,
and large rocks. These natural habitat features may be moved during construction but they must be placed near the
preproject location before leaving the job site.
9. Confine the use of equipment to specific access and work corridor shown in the approved plans.
10. Check equipment daily for leaks and complete any required repairs before using the equipment in or near the
water.
11. Lubricants composed of biodegradable base oils such as vegetable oils, synthetic esters, and polyalkylene glycols
are recommended for use in equipment operated in or near water.
12. Do not stockpile construction material waterward of the ordinary high water line.
CONSTRUCTION -RELATED SEDIMENT, EROSION AND POLLUTION CONTAINMENT
13. Do not conduct project activities when the work area is inundated by tidal waters.
14. Prevent contaminants from the project, such as petroleum products, hydraulic fluid, fresh concrete, sediments,
sediment -laden water, chemicals, or any other toxic or harmful materials, from entering or leaching into waters of the
state.
15. Use tarps or other methods to prevent treated wood, sawdust, trimmings, drill shavings and other debris from
contacting the bed or waters of the state.
CONSTRUCTION MATERIALS
16. Do not use native bed material, other than material excavated for bulkhead footings or placement of bulkhead base
rock, for project construction or fills.
17. Do not use wood treated with oil -type preservative (creosote, pentachlorophenol) in any hydraulic project. Wood
treated with waterborne preservative chemicals (ACZA, ACQ) may be used if the Western Wood Preservers Institute
has approved the waterborne chemical for use in the aquatic environment. The manufacturer must follow the Western
Wood Preservers Institute guidelines and the best management practices to minimize the preservative migrating from
treated wood into aquatic environments. To minimize leaching, wood treated with a preservative by someone other
than a manufacturer must follow the field treating guidelines. These guidelines and best management practices are
available at www.wwpinstitute.org.
BULKHEAD - TIMBER
18. Project activities include replacing 13 missing and damaged creosote treated timber with ACZA treated timbers, as
Page 2 of 6
Washington Department of
Fish & Wildlife
HYDRAULIC PROJECT APPROVAL PO Box43234
NaehiVn Department of Olympia, WA 98504-3234
F1,WR i A71,DT,IFF
(360)902-2200
Issued Date: December 01, 2015 Permit Number: 2015-4-904+01
Project End Date: December 31, 2017 FPA/Public Notice Number: N/A
Application ID: 5294
illustrated in your plans, except as modified by this Hydraulic Project Approval.
19. As shown in the approved plans, the length of the timber bulkhead will remain the same length as the existing
structure.
20. Remove the existing bulkhead timbers from the beach and deposit them in an upland area above the limits of
extreme high tide waters.
21. The waterward face of the timber bulkhead must be located no further waterward than the face of the existing
functioning bulkhead as shown in the approved plans.
22. Bury the timbers a minimum of 18 inches below the preproject natural beach grade.
23. Keep the use of equipment on the beach to a minimum, confined to a single access point, and limited to a 25-foot
work corridor waterward of the footing. Construction material must not touch the beach outside beach outside this work
corridor.
24. Do not stockpile excavated materials containing silt, clay, or fine-grained soil waterward of the ordinary high water
line.
25. You may stockpile sand, gravel, and coarse excavated material waterward of the ordinary high water line provided
the material is placed within the 25-foot work corridor waterward of the base rocks.
26. Prior to tidal inundation, backfill all trenches, depressions, or holes created during construction waterward of the
ordinary high water line.
27. Remove all stockpiled and excavated material from the beach within 72 hours of bulkhead construction.
28. Reshape beach area depressions created during project activities to preproject beach level upon project
completion.
DEMOBILIZATION/CLEANUP
29. Remove all trash and unauthorized fill in the project area, including concrete blocks or pieces, bricks, asphalt,
metal, treated wood, glass, floating debris, and paper, that is waterward of the ordinary high water line and deposit
upland.
30. Reshape beach area depressions created during project activities to preproject beach level upon project
completion.
31. Remove all debris or deleterious material resulting from construction from the beach area or bed and prevent from
entering waters of the state.
32. Do not burn wood, trash, waste, or other deleterious materials waterward of the ordinary high water line.
33. Replace damaged or destroyed riparian vegetation during the first dormant season (late fall through late winter)
after project completion. Maintain plantings for at least three years to ensure at least eighty percent of the plantings
survive. Failure to achieve the eighty percent survival in year three will require you to submit a plan with follow-up
measures to achieve requirements or reasons to modify requirements.
Page 3 of 6
Washington Department of
Fish & Wildlife
HYDRAULIC PROJECT APPROVAL PO Box43234
lVwhinglan Depailmed of Olympia, WA 98504-3234
NSH.a WILDLIFFi
(360) 902-2200
Issued Date: December 01, 2015 Permit Number: 2015-4-904+01
Project End Date: December 31, 2017
FPA/Public Notice Number: N/A
Application ID: 5294
LOCATION #1: Site Name: home
31002 39th Ave SW, Federal Way, WA 98023-2179
WORK START: December 1, 2015
WRIA Waterbody:
09 - Duwamish - Green
1/4 SEC: Sec io :
NE 1/4 11
Location #1 Driving Directions
Wria 09 Marine
Township: Range:
WORK END: December 31, 2017
Tributary to:
Puget Sound
Latitude: Longitude: County:
21 N 03 E 47.32576-122.38313 King
APPLY TO ALL HYDRAULIC PROJECT APPROVALS
This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code,
specifically Chapter 77.55 RCW. Additional authorization from other public agencies may be necessary for this project.
The person(s) to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any
additional authorization from other public agencies (local, state and/or federal) that may be necessary for this project.
This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person
(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work.
This Hydraulic Project Approval does not authorize trespass.
The person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work may be held liable
for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic
Project Approval.
Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one
hundred dollars per day and/or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment.
All Hydraulic Project Approvals issued under RCW 77.55.021 are subject to additional restrictions, conditions, or
revocation if the Department of Fish and Wildlife determines that changed conditions require such action. The person(s)
to whom this Hydraulic Project Approval is issued has the right to appeal those decisions. Procedures for filing appeals
are listed below.
Page 4 of 6
Washington Department of
Fish & Wildlife
` HYDRAULIC PROJECT APPROVAL PO Box 43234
fthiVgl DeAor(menl o/ Olympia, WA 98504-3234
FI3H.m WILDLIFE
(360)902-2200
issued Date: December 01, 2015 Permit Number: 2015-4-904+01
Project End Date: December 31, 2017 FPA/Public Notice Number: N/A
Application ID: 5294
MINOR MODIFICATIONS TO THIS HPA: You may request approval of minor modifications to the required work timing
or to the plans and specifications approved in this HPA. Any approved minor modification will require issuance of a letter
documenting the approval. A minor modification to the required work timing means any change to the work start or end
dates of the current work season to enable project or work phase completion. Minor modifications will be approved only
if spawning or incubating fish are not present within the vicinity of the project. You may request subsequent minor
modifications to the required work timing. A minor modification of the plans and specifications means any changes in the
materials, characteristics or construction of your project that does not alter the project's impact to fish life or habitat and
does not require a change in the provisions of the HPA to mitigate the impacts of the modification. Minor modifications
do not require you to pay additional application fees or be issued a new HPA. If you originally applied for your HPA
through the online Aquatic Protection Permitting System (APPS), you may request a minor modification through APPS.
A link to APPS is at http://wdfw.wa.govAicensing/hpa/. If you did not use APPS you must submit a written request that
clearly indicates you are seeking a minor modification to an existing HPA. Written requests must include the name of the
applicant, the name of the authorized agent if one is acting for the applicant, the APP ID number of the HPA, the date
issued, the permitting biologist, the requested changes to the HPA, the reason for the requested change, the date of the
request, and the requestor's signature. Send by mail to: Washington Department of Fish and Wildlife, PO Box 43234,
Olympia, Washington 98504-3234, or by email to HPAapplications@dfw.wa.gov. Do not include payment with your
request. You should allow up to 45 days for the department to process your request.
MAJOR MODIFICATIONS TO THIS HPA: You may request approval of major modifications to any aspect of your HPA.
Any approved change other than a minor modification to your HPA will require issuance of a new HPA. If you paid an
application fee for your original HPA you must pay an additional $150 for the major modification. If you did not pay an
application fee for the original HPA, no fee is required for a change to it. If you originally applied for your HPA through
the online Aquatic Protection Permitting System (APPS), you may request a major modification through APPS. A link to
APPS is at http://wdfw.wa.govAicensing/hpa/. If you did not use APPS you must submit a written request that clearly
indicates you are requesting a major modification to an existing HPA. Written requests must include the name of the
applicant, the name of the authorized agent if one is acting for the applicant, the APP I number of the HPA, the date
issued, the permitting biologist, the requested changes to the HPA, the reason for the requested change, the date of the
request, payment if the original application was subject to an application fee, and the requestor's signature. Send your
written request and payment, if applicable, by mail to: Washington Department of Fish and Wildlife, PO Box 43234,
Olympia, Washington 98504-3234. You may email your request for a major modification to
HPAapplications@dfw.wa.gov, but must send a check or money order for payment by surface mail. You should allow up
to 45 days for the department to process your request.
APPEALS INFORMATION
If you wish to appeal the issuance, denial, conditioning, or modification of a Hydraulic Project Approval (HPA),
Washington Department of Fish and Wildlife (WDFW) recommends that you first contact the department employee who
issued or denied the HPA to discuss your concerns. Such a discussion may resolve your concerns without the need for
further appeal action. If you proceed with an appeal, you may request an informal or formal appeal. WDFW encourages
you to take advantage of the informal appeal process before initiating a formal appeal. The informal appeal process
includes a review by department management of the HPA or denial and often resolves issues faster and with less legal
complexity than the formal appeal process. If the informal appeal process does not resolve your concerns, you may
advance your appeal to the formal process. You may contact the HPA Appeals Coordinator at (360) 902-2534 for more
information.
Page 5 of 6
01w
Washington Department of
Fish & Wildlife
HYDRAULIC PROJECT APPROVAL PO Box43234
W.U,PW Depwt.,auf Olympia, WA 98504-3234
HSH.m KDlili'Hi'
(360)902-2200
Issued Date: December 01, 2015 Permit Number: 2015-4-904+01
Project End Date: December 31, 2017
FPA/Public Notice Number: N/A
Application ID: 5294
A. INFORMAL APPEALS: WAC 220-660-460 is the rule describing how to request an informal appeal of WDFW actions
taken under Chapter 77.55 RCW. Please refer to that rule for complete informal appeal procedures. The following
information summarizes that rule.
A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request an informal
appeal of that action. You must send your request to WDFW by mail to the HPA Appeals Coordinator, Department of
Fish and Wildlife, Habitat Program, 600 Capitol Way North, Olympia, Washington 98501-1091; e-mail to
HPAapplications@dfw.wa.gov; fax to (360) 902-2946; or hand -delivery to the Natural Resources Building, 1111
Washington St SE, Habitat Program, Fifth floor. WDFW must receive your request within 30 days from the date you
receive notice of the decision. If you agree, and you applied for the HPA, resolution of the appeal may be facilitated
through an informal conference with the WDFW employee responsible for the decision and a supervisor. If a resolution
is not reached through the informal conference, or you are not the person who applied for the HPA, the HPA Appeals
Coordinator or designee will conduct an informal hearing and recommend a decision to the Director or designee. If you
are not satisfied with the results of the informal appeal, you may file a request for a formal appeal.
B. FORMAL APPEALS: WAC 220-660-470 is the rule describing how to request a formal appeal of WDFW actions
taken under Chapter 77.55 RCW. Please refer to that rule for complete formal appeal procedures. The following
information summarizes that rule.
A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request a formal appeal
of that action. You must send your request for a formal appeal to the clerk of the Pollution Control Hearings Boards and
serve a copy on WDFW within 30 days from the date you receive notice of the decision. You may serve WDFW by mail
to the HPA Appeals Coordinator, Department of Fish and Wildlife, Habitat Program, 600 Capitol Way North, Olympia,
Washington 98501-1091; e-mail to HPAapplications@dfw.wa.gov; fax to (360) 902-2946; or hand -delivery to the Natural
Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. The time period for requesting a formal
appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, you may
request a formal appeal within 30 days from the date you receive the Director's or designee's written decision in
response to the informal appeal.
C. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS: If there is no timely request for an appeal, the
WDFW action shall be final and unappealable.
Habitat Biologist
Laura Arber
Laura.Arber@dfw.wa.gov
425-379-2306
for Director
WDFW
Page 6 of 6
1
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1 .
COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT
JUL 2 7 2015 33325 81h Avenue South
Federal Way, WA 98003-6325
cirr IF C FEDERAL WAY 253-835-2607; Fax 253-835-2609
Federal Way CDs www.cityoffederalway_cpm
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT
EXEMPTION APPLICATION
File # —�r 1.-3 6 "7� , S 14
TO BE COMPLETED By APPLICANT
Project Name: Repair existing bulkhead/retaining wall
Project Address: 31002 39th Ave SW, Federal Way, WA
Applicant: Richard Tamesis
Mailing Address:
31002 39th Ave SW, Federal Way, WA 98023
Phone Number: (909) 657-1364 E-mail: rtamesis@mac.com
Description of Project: Replace missing and damaged timbers from existing bulkhead/retaining
wall as marked in the field with new, pressure treated timbers of equal size and secure
them in place by installing 1/2 inch steel rods for full height of wall.
Meets the criteria for exemption under which section of * WAC 173-27-040:
*Washington Administratiye Code online: a1212s.leg.wa.gov
s Signature
July 27, 2015
Date
Bulletin # 143 —March 25, 2013 1 of 2 k:\Handouts\Shoreline Exemption
TO BE CONTLETED'BY'STAFF
1) The proposed development is consistent with Section of WAC 173-27-040
and is therefore exempt from the Substantial Development Permit Process.
❑ Yes ❑ No (explanatory narrative attached)
2) Proposal requires:
Yes No
❑ ❑ Shoreline Variance
❑ ❑ Shoreline Conditional Use
❑ ❑ Review, Approval or Permit by other State or Federal Agency
3) Proposal complies with applicable provisions of the City's Shoreline Master Program.
❑ Yes ❑ No Condition(s) attached: ❑ Yes ❑ No
4) In accordance with FWRC Section 15.05.130, this application is hereby:
❑ Approved ❑ Denied
Director, Community & Economic Development
Distribution:
❑
Applicant
❑
Owner
❑
File
❑
Outside Agency
Date
Bulletin #143 —March 25, 2013 2 of 2 k:\Handouts\Shoreline Exemption
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