Recently a member sent a letter to the Board expressing concern about vegetation changes in the riparian and buffer zones along the shoreline on Mikayla Lane. A question was raised about whether or not there is restriction or permission regarding the Cove and residential lots adjacent to the shoreline. In recognition that many members may appreciate a better understanding about Shoreline issues here is some information you might find interesting.
Recent on-site visit by Douglas County staff
In late March a Douglas County employee responded to a HOA member’s inquiry about activity in the riparian area at Aspen Shores. During a visit to an owner’s lot, Douglas County affirmed that the homeowner’s work on the shoreline was permitted.
The Douglas County Staff member also visited the area in the Cove, and he offered an informal warning that HOA members must stop pruning and cutting vegetation in the area of the cove or the County may take action to require mitigation for ongoing disturbance. The County and the PUD have made it clear in the past that they hold the entire HOA responsible for the disturbance as well as possible corrective measures.
Activity in the Cove:
- The cove area was identified as a priority habitat and designated as a wildlife viewing area by government agencies in early evaluations reports when approval of the Aspen Shores was being considered for permit.
- The developer was required to plant riparian vegetation as mitigation along the entire shoreline and in the Cove as a condition of plat approval to start development.
- The HOA does not own the Cove or the area referred to as the beach. This area is PUD property. (A statement in 2014 covenants including the Cove as part of Aspen Shores is not accurate. HOA common property ends at about 630 foot elevation.)
- In 2009 the PUD warned the HOA that disturbance of vegetation must be curtailed and that use of the Cove was subject to PUD oversight and policies.
- The HOA (as authorized by vote of the members) may choose to apply for a shoreline use permit.
Activity for shoreline lot owners:
- PUD policy and Douglas County practice is that lots adjacent to the shoreline have the right to apply for a Shoreline use permit for waterfront use in the PUD and Ripariarn zone. There is no guarantee that a permit will be granted, and there are several conditions that must be satisfied before approval.
- If an application for an overwater structure is submitted to the Corps of Engineers, there are considerable costs to the upland owner for reviews and reports by Douglas County, the Corps of Engineers, PUD, state DNR, federal and state Fish and Wildlife, and Native American Agencies. The upland owner must contract with private consultants for required biological, environmental, design or engineering reports. All agencies must give approval before permission to proceed is granted. There is no guarantee that approval will be given.
- If a permit is granted, the owner is required to agree to the following:
- A mitigation plan prescribed for replacement and enhancement of the disturbed area.
- Planting at the owner’s expense of native plants according to a biologist’s prescribed plan for predetermined area and plant species.
- Protection of the mitigation area to control invasive species and ensure survival of required plants for at least 5 years after initial planting.
- A surety deposit provided to the county to cover cost of the mitigation in case the applicant defaults on completing required conditions.
- Initial report and photographs provided to the Corps of Engineers and Douglas County showing completion of the plantings.
- Annual reports and photos showing survival rate of plants are required by the Corps of Engineers for each of 5 years after initial completion of the plantings.
- Permit holders may also obtain authorization subject to County oversight to make gradual alterations to riparian vegetation for the purpose of preventing invasive species and establishment of native species.
- Agreement to maintain and accept liability for the permitted structure