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w vsox c L2 JEFFERSON COUNTY <br />DEPARTMENT OF COMMUNITY DEVELOPMENT <br />K <br />621 Sheridan Street I Port Townsend, WA 98368 1 Web: www w ieffewn.wa.us/communitydevelopment <br />Tel: 360.379.44501 Fax: 360.379.4451 1 Email: dcd(a.m efferson.wa.us <br />Building Pemrds & Inspections I Development Consistency Review I Long Range Planning I Watershed Stewardship Resource Center <br />Unified Development Code Interpretation <br />Date: November 14, 2013 <br />Issued bv: Jefferson County Department of Community Development Planning Manger/Unified <br />Development Code Administrator <br />Affected: All properties located within the Hood Canal Coordinating Council In -lieu Fee Service Area of <br />eastern Jefferson County, Washington are able to use the in -lieu fee program for mitigation; those <br />properties outside of the Service Area are not as likely to use the in -lieu fee program (some <br />exceptions may be made in limited circumstances). <br />Subject: Hood Canal Coordinating Council In -Lieu Fee Program <br />Summary of Issue: <br />Jefferson County has been participating as an Interagency Review Team (IRT) member for the Hood Canal <br />Coordinating Council (HCCC) In -lieu Fee (ILF) Program. The ILF Program is co-chaired by the U.S. Army <br />Corps of Engineers and the Washington State Department of Ecology (Ecology), with HCCC serving as the <br />sponsor of the program. 'the IRT consists of representatives from federal and state agencies as well as <br />representatives from HCCC member counties and tribes. The IRT has completed work on an Instrument, which is <br />a document specifying the. responsibilities of the HCCC ILF Program and how the program will be used, operated <br />and managed. The Instrument states: <br />The HCCC ILF Program will provide compensatory mitigation for unavoidable adverse impacts <br />to waters of the United States and/or waters of the State of Washington and/or waters of tribal <br />reservations, including wetlands, aquatic areas, and their buffers as defined in Appendix B that <br />result from activities authorized by Federal, State, tribal and local authorities. <br />Jefferson County needs to clarify that the HCCC ILF Program is available as a potential mitigation option for <br />applicants. This clarification will be included in the next periodic update of the Jefferson County Comprehensive <br />Plan and the Jefferson County Code (Title 18 Unified Development Code). Work on the periodic update is <br />currently stated begin in 2014 and is expected to becompleted by January 2016. Until such time, this Code <br />Interpretation documents that the ILF Program is available as a mitigation option in Jefferson County. <br />This program maybe used for parcels located within the HCCC ILF Service Area (see attached Exhibit 1 — Part <br />2a). Under some limited circumstances, an applicant with a parcel located outside of the Service Area may be <br />able to use the HCCC ILF Program, but this would be considered on a case-by-case basis for compliance with <br />Instrument requirements. <br />Background and Analysis: <br />In accordance with Article VI, Chapter 18.40 of the Unified Development Code (UDC), Jefferson County Code <br />(JCC 18.40.350), this interpretation of the UDC is intended to clarify conflicting or ambiguous wording, interpret <br />