HomeMy WebLinkAbout3171 Resolution RESOLUTION NO.,5 1 —11
A RESOLUTION URGING THE CORPS OF ENGINEERS TO REMOVE
DOCK DESIGN AND MINIMUM DEPTH ANCHORING REQUIREMENTS FROM
THE REVISED MCNARY POOL MANAGEMENT PLAN
WHEREAS, The McNary Pool Management Plan was last amended in 1983, and
since 1983 the population and land use patterns in the Tri-Cities have changed
significantly; and,
WHEREAS, The existing McNary Pool Management Plan contains regulations
that pertain to the transfer of ownership and the permitting process for docks; and,
WHEREAS, Several species of salmonids in the Columbia River have been listed
as threatened or endangered under the Endangered Species Act; and,
WHEREAS, The proposed plan revisions contain design criteria for docks that
dictate size, material, design, transparency and depth for anchoring; and,
WHEREAS, the migratory pattern of juvenile salmonids smolts appears to be in
the deeper and center sections of the Columbia River in water depths of 30 to 40 feet and
at night; and,
WHEREAS, the data describing smolt behavior determined that smolts avoid
shadow structures to avoid predation; and,
WHEREAS, deep water night migration eliminates the need for dock design
criteria that prevent shadows in shallow water during the daylight hours; and,
WHEREAS, data indicates that shoreline landscaping has an insignificant effect
on the survival ratio of smolts; and,
WHEREAS, The minimum requirements for depth and transparency of
overwater structures are the subject of true scientific debate concerning
beneficial/adverse impacts on the migration and predation of salmonid smolts; and,
WHEREAS, The minimum proposed anchoring depth for docks of 10 feet above
the minimum McNary operating pool level of 335 feet is impractical given the River
depth at or near the Pasco shoreline and such minimum anchoring depth could result in
the removal of most or all docks on said Pasco shoreline; and,
WHEREAS, Existing permitting and design criteria for docks have been
inconsistently applied and enforced since the McNary Management Plan was last
amended; and,
WHEREAS, the probable adverse effect on the human environment and the
ability to utilize the shoreline for recreational purposes resulting from the 10 foot depth
requirement will substantially exceed the very debatable and highly uncertain benefit to
certain endangered fish and associated habitat;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
Section 1. The City of Pasco urges the Corps of Engineers to remove the
following criteria from the McNary Pool Plan Revisions of 2009:
• The anchoring requirement of 10 feet above the minimum operating pool
level of 335 feet;
• The transparency requirement established through grating ratios;
• The minimum distance from the ordinary high water mark of 40 feet.
Section 2. Further, the City of Pasco urges the Corps of Engineers to establish
and convey permanent, legal and nonconforming status to existing and permitted
docks from the imposition of additional design criteria and minimum anchoring
depth requirements; and urges the Corps to establish a set fee for the real estate
license process associated with private dock permitting.
Passed by the City Council of the City of Pasco this arLaay of AV , 2009
(IL
Jo e on, Mayor
A EST: APP AS TO FORM:
Sandy L. K worthy, Deputy City Jerk Leland B. Kerr, City Attorney