HomeMy WebLinkAboutZON2025-00011_10 SEPA AppealMAY 2 6 20 26
Jefferson C
C aunty 0mmunity D eve/opment
B E FO RE THE HE ARI N G E X AMINER FOR JEFFERSON COUN TY
In the M atter of the Appeal of:
PL CEL L T O W ER OPPO SITI ON C OMMI TTEE, )
)
Appellant, )
)
V . )
)
)
JE FFE R SON C OUN T Y , H ORI ZON TO W ER , and )
N ORMA N M ORA N , )
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Respondents. )
Project N o.: Z ON 2025-00011
N O TI C E OF
A DMI N ISTRA TI V E APPEA L
OF SEPA DE T ERM IN A TI ON OF
N ON -SIGN IFI C A N C E
TO :
AN D T O :
Adm inistra tor, Jefferson C ounty Departm ent of Com m unity Developm ent,
621 Sheridan Street, Port Tow nsend, W A 98368;
A ll other Parties of Record:
PLE A SE TA KE N O TI C E THA T: PL C ell Tow er Opposition Com m ittee, A ppellant herein, seeks
review of the fo llow ing determ ination:
I. ID EN TI FIC A TI ON OF DE T ERMI N A TION APPE A L ED
A ppellant seeks review of Jefferson C ounty D epart m ent of C om m unity Developm ent's Thr eshold
Determ ination of N on-Significance (DN S) issued on M ay 13, 2026. The DN S w as issued fo r Plan
N o. Z ON 2025-00011 , H orizon Tow erN erizon W ir eless - M ats M ats W CF.
II. ID EN TI FICA TI ON OF APPE LL A N T AN D IN T E RE ST IN T HE MA TIER
Appellant is PL C ell Tow er Opposition Com m ittee, 46 Village W ay, PMB l 18, Port L udlow , W A
98365; T el: (541-400-8955). Appellant is interested in the m atter because its m em bers are residents
of the com m un ity in which the fa cility is pro posed to be constru cted, w ho live in the vicinity
surro unding, and close to, the pro posed site. Appellant is a party ofr ecord in the m atter.
N O TI C E O F AD M IN IST R ATI VE AP PEAL , SEPA DN S - 1
III. STANDING TO APPEAL
Appellant has standing under JCC 18. 40.330 because it submitted comments on the environmental
impacts of the proposal during the designated public comment period. Because Appellant so
commented, it is a party of record. Because it is a party of record Appellant has standing to appeal
the threshold SEP A determination.
IV. STATEMENT OF ERRORS
The Department of Community Development (DCD) erred in the following particulars:
Error No. 1: The DCD erred by failing to evaluate the probable, significant, adverse, cumulative
environmental impacts of clearing and trenching the proposed ±400 linear-ft., 30-
ft.-wide utility corridor through mature tree canopy in an RR-5 zone.
Error No. 2: The threshold determination is clearly erroneous because it fails to require adequate
stormwater, erosion, and "track-out" mitigation for heavy commercial vehicles
utilizing the unpaved, gravel access route leading to Fleet Drive ..
Error No. 3: The threshold decision is procedurally and substantively erroneous because the public
notice failed to accurately describe the full geographic scope of the project footprint
across all geographic parcels, and completely failed to evaluate or mitigate the
significant adverse aesthetic and land-use impacts of routing a 30-ft. commercial
corridor through an active residential homesite within the RR-5 Rural Residential
zone.
Error No. 4: The threshold determination is procedurally and substantively deficient because it
relies on a legally invalid project description involving "proposed" easements over
adjacent lands where the applicant has not established present legal authority or
control.
Error No. 5: The threshold determination is procedurally void and issued without jurisdiction
because the applicant failed to list, and the County failed to provide public notice
for, the full geographic scope of the project. Specifically the official public notices
completely omitted the tax parcel numbers and legal descriptions for the residential
parcel to the south (utilizing the gravel access and 30-ft. utility corridor) and the
merger lot to the east, thereby depriving adjacent property owners of their
constitutional and statutory right to fair, accurate, and meaningful notice of the
project's true environmental impacts.
Error No. 6: The threshold determination is substantively erroneous because the DCD failed to
evaluate alternative, less environmenta11y damaging locations, and failed to require
the applicant to demonstrate a technical lack of feasible colocation options within
the meaning of JCC 18.42, thereby bypassing mandatory avoidance metrics for rural
zones.
NOTICE OF ADMINISTRATIVE AP PEAL , SEPA DNS - 2
Error No. 7: The threshold determination is substantively deficient under WAC 197-ll-444(l)(c)
because it fails to evaluate or mitigate cumulative hydrological impacts, surface
water runoff, and physical encroachment on unmapped streams and critical wetland
buffers within the Ludlow Creek Watershed corridor, in direct violation of the
protective baseline metrics established by the recently enacted Jefferson County
Critical Areas Ordinance (CAO), JCC 18.22.
Error No. 8: The threshold determination is substantively deficient because it fails to evaluate or
mitigate the significant adverse environmental impacts of light and glare,
specifically the introduction of commercial aviation obstruction lighting into a low-
density, dark-sky, rural residential zone, and further fails to analyze the structural
hazard risks to local low-altitude aviation corridors.
Error No. 9: The DCD erred by failing to analyze or mitigate the significant environmental health
and safety risks inherent to the facilities commercial backup power systems,
including the fire, explosion and toxic thermal runaway hazards associated with
industrial battery storage arrays or fuel storage tanks sited within a heavily wooded,
high-risk fire zone.
Error No. 10: The threshold determination is legally deficient because the lead agency failed to
analyze or require mitigation for the disproportionate extraction, consumption and
transmission of energy and utility resources necessitated by routing a sprawling
±400 linear ft. high-voltage industrial connection across multiple rural parcels.
Error No. 11: The threshold determination is substantively flawed because it completely fails to
evaluate or mitigate adverse impacts to Earth elements under WAC 197-ll-
444(l)(a), specifically the increased risks of soil erosion, compaction, and slope
instability caused by removing mature tree root matrices along the winding ±400
linear ft utility corridor.
Error No. 12: The DCD erred by failing to evaluate or require mitigation for probable significant
adverse impacts to wildlife and migratory birds under WAC 197-ll-444(l)(d),
specifically ignoring the collisions and habitat disruptions that a 150-ft. commercial
monopole imposes on avian species within a watershed corridor.
Error No. 13: The threshold decision is substantively deficient under WAC 197-11-444(2)(c)
because it fails to evaluate or require mitigation for acute traffic safety hazards and
local roadway degradation along Fleet Drive caused by the maneuvering, turning
radii limits, and high-tonnage staging requirements of heavy industrial construction
apparatus traversing a narrow, winding residential corridor.
Error No. 14: The DCD erred by issuing a DNS without requiring a comprehensive, multi-parcel
cultural resources audit or archaeological assessment under WAC 197-ll-(2)(b)(vi),
failing to analyze potential significant adverse impacts to unrecorded historical,
cultural or archaeological resources across the expansive ±400 linear ft. subsurface
utility trenching and staging area.
NOTICE OF ADMINISTRATIVE AP PEAL , SEPA DNS - 3
Error No. 15: The threshold determination is substantively and procedurally deficient under WAC
197-11-444(2)(b)(iv) because the DCD failed to evaluate or mitigate the significant
adverse visual and aesthetic impacts to the imm ediately adjacent National Register-
! isted cemetery (Parcel 821081011 ), completely ignoring the permanent degradation
of the landmark's historic setting and failing to consult with the Department of
Archaeology and Historic Preservation (DAHP).
Error No. 16: The DCD erred by issuing the DNS without analyzing the physical and structural
hazards posed to adjacent historical resources under WAC 197-11-444(l)(a) and
(2)( c ), specifically failing to require a geotechnical vibration analysis or a
Subsurface Ground Penetrating Radar (GPR) buffer survey to prevent structural
damage to fragile historic grave markers and the unlawful disruption of unmapped
historic burials.
V. RELIEF REQUESTED
Appellant respectfully requests the Examiner grant the following relief:
1. Find that the DCD's issuance of a DNS for Project ZON2025-00011 was clearly erroneous
based on the extensive, unmitigated and unanalyzed environmental impacts to the natural
and built environment detailed in Errors 1-16 above; and
2. Reverse the threshold determination; and
3. Substitute the Examiner's judgment for that of the DCD, sustain this appeal, and issue a
Determination of Significance requiring the Applicant to prepare a full Environmental
Impact Statement pursuant to RCW 43.21C.030(2)(c).
In the alternative, if the Examiner determines that the current administrative record contains
insufficient data to conclusively establish the full scope of environmental significance, Appellant
requests the Examiner:
1. Vacate the DNS and remand the matter to the DCD with instructions to withdraw the
threshold determination under WAC 197-11-340 and order the Applicant to submit the
following necessary, non-speculative information prior to the issuance of any subsequent
threshold determination:
a. A formal Visual Impact Assessment (VIS) regarding the National Register-listed
historic cemetery;
b. A subterranean GPR buffer survey and geotechnical vibration analysis to protect
historic grave markers;
c. A multi-parcel Critical Areas and Hydrology Assessment under the 2026 Jefferson
County CAO; and
NOTICE OF ADMINISTRATIVE AP PEAL , SEPA DNS - 4
d. A finalized FAA Determination of No Hazard utilizing the OE/AAA Notice Criteria
Tool; and
2. Order that all further county administrative processing, permitting, or site-clearing
approvals for Project ZON2025-0001 l be strictly stayed pending the completion of the
relief ordered herein; and
3. Grant such other and further relief as the Examiner deems just and equitable under the
circumstances.
VI. ATTACHMENTS
A true and accurate copy of the contested determination is attached hereto and incorporated by
reference.
VII. VERIFICATION
My name is Noura S. Yunker, and I am a member of the PL Cell Tower Opposition Committee,
Appellant herein, and a party of record. I have read the above Notice of Administrative SEPA
Appeal of Determination of Non-Significance, and I believe it to be true.
DATED this 26th day ofMay 2026, at Port Ludlow, WA.
Noura S. Yunker, Member,
PL Cell Tower Opposition Committee
PL Cell Tower Opposition Committee
46 Village Way, PMB 118
Port Ludlow, WA 98365
( 541) 400-895 5
plcelltoweropposition@gmail.com
NOTICE OF AD MINISTRATIVE APPEAL , SEPA DNS - 5
BEFORE THE HE ARING EXAMI NER FOR JEFFERSON COUN TY
In the Matter of the Appeal of:
PL CELL TOWER OPPOSITION COMMITTEE, )
)
Appellant, )
)
V. )
)
)
JEFFERSON COUN TY, HORIZON TOWER, and )
NORMA N MORA N, )
)
Respondents. )
Project No.: ZON2025-00011
CERTIFICATION OF SERVICE
NOTICE ADMI NISTRA TIVE APPEAL
OF SEPADETERM INATION OF
NON-SIGNIFICANCE
CERTIFICATION
I certify under penalty of perjury under the laws of the State of Washington that, on the 26th day
of May 2026, I caused to be delivered the foregoing "Notice of Administrative Appeal of SEP A
DNS" and "Final SEP A Determination on Non-Significance (DNS) for Zoning Conditional Use
Permit (ZON2025-000J 1)" to the following agency and individuals, by the method(s) indicated
below:
To:
Administrator,
Jefferson County Department of Community Development
621 Sheridan Street
Port Townsend, WA 98368
Tel:(360) 379-4458
Tel:(360) 279-4454
Email: planning@co.jefferson.wa.us
Agency
__ Via First Class Mail
___ Via Federal Express
Via Facsimile ---
XX Via Hand Delivery
___ Via Email
NOTICE OF ADMINISTRATIVE AP PEAL , SEPA DNS - 6
To:
Bill North, XX Via First Class Mail
The North Group, Inc., on behalf of
Horizon Tower and Verizon Wireless Via Federal Express
P. 0. Box 2449
Snohomish, WA 98291-2449 Via Facsimile
Tel: (425) 876-2909
Email: billnorth@northgroup.net
Via Hand Delivery
Applicant Representative
xx Via Email
To: xx Via First Class Mail
Norman Moran
41 Fleet Dr. Via Federal Express
Port Ludlow, WA 98365
Tel: (360) 343-4003 Via Facsimile
Email: poppymoranl 7@gmail.com
Property Owner Via Hand Delivery
xx Via Email
Print Name
CERTIFICATION OF SERVICE
NOTICE OF ADMINI STRATIVE AP PEAL , SEPA DNS - 7