HomeMy WebLinkAbout0001_JCSA staff report
JEFFERSON COUNTY
DEVELOPMENT REVIEW DIVISION
STAFF REPORT
TO
UNIFIED DEVELOPMENT CODE ADMINISTRATO0R
Re: Type I Permit for Minor Expansion ) PROPOSED FINDINGS,
of a Legal Nonconforming Use ) CONCLUSIONS, AND
) RECOMMENDATIONS
File No.: MLA10-00297 )
Proponent: Jefferson County Sportsmen’s Club )
Representative: John Ebner, Club Secretary )
Project Planner: Linda Mueller, Review Consultant )
City of Poulsbo )
Date: June 20, 2011
___________________________________________________________________________
SUMMARY APPLICATION AND RECOMMENDATION
Date of application: The application was submitted to the Department of Community
Development July 26, 2010.
Adequacy: The application was deemed substantially complete on March 3, 2011. This
application is vested under the ordinances in effect on July 26, 2010.
Proposal: The Jefferson County Sportsmen’s Club (aka Gun Club or JCSC) proposes to excavate
and berm a 200x160 ft. (32,000 s.f.) target area and construct a 1,730 s.f. covered and paved
firing line for a competition handgun range, within an existing 42.2 acre gun range.
Review under the State Environmental Policy Act (SEPA) is required per WAC 197-11-800(1)( c)
(iii). Jefferson County, acting as Lead Agency, issued a Mitigated Determination of Non-
significance.
Recommendation: Approval with conditions. (Recommended conditions are attached to this
report).
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CONTENTS:
Page 3 County Vicinity Map
Page 4 Site Vicinity Map
Page 5 Background Information
Page 8 Criteria for Approval
Page 9 JCC 18.20, Performance and Use Specific Standards
Page 14 JCC 18.20.350, Para. 4, Expansion of Existing Small Scale Recreation and
Tourist Facilities
Page 15 JCC 18.20.350, Para. 8, Outdoor Shooting Ranges
Page 17 JCC 18.20.290, Recreational Developments
Page 21 Conditions of Approval
Page 22 List of Exhibits
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ZONING MAP
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BACKGROUND INFORMATION
Property Owner:
Jefferson County
Courthouse
P.O. Box 1220
Port Townsend WA 98368 0920
Name of Applicant:
Jefferson Count Sportsmen’s Association (JCSA)
P.O. Box 1069
Port Townsend WA 98368
Applicant’s Representative:
John Ebner
P.O. Box 737
Port Townsend WA 98368
Location:
The site address is 112 Gun Club Rd., in Jefferson County WA. The north and east boundary of
the site is formed by S. Jacob Miller Rd. The access is from Gun Club Rd. at the south boundary
of the property.
Area:
The 44.2 acre site is a portion of Jefferson County closed landfill property, consisting of 154.32
acres, zoned Public Land, “Solid Waste—Essential Public Facility”. The subject site is part of Lot
1 of a two-lot short plat that was recorded September 23, 1997 to segregate 5.99 acres (Lot 2)
for Jefferson County Fire Protection District #6 for use as a training facility. Lot 1 (154.32 ac.) is
currently occupied by the County Transfer Facility, Animal Shelter, the Gun Club and the Port
Townsend Composting Facility.
Legal Description:
The Southwest ¼ of the Southeast ¼ of the Southeast ¼; and the East ½ of the Southeast ¼ of
the Southeast ¼; and the East ½ of the Southeast ¼ of the Southwest ¼ of the Southeast ¼;
except any portion thereof lying northerly of the southerly limits of South Jacob Miller Road;
together with the East 300 feet of the West ½ of the Southeast ¼ of the Southwest ¼ of the
Southeast ¼; of Section 8, Township 30 North, Range 1 West, W.M.; said described parcel being
a portion of Jefferson County Fire Protection District #6 Short Plat as per plat recorded in
Volume 4 Pages 39 and 40 of Short Plats, Auditor’s File Number 403948, records of Jefferson
County, Washington. [Parcel #001083012, Lot 1]
Situate in Jefferson County, State of Washington.
The Gun Club is operating under the “License to Use County Property by the Jefferson County
Sportsmen’s Club”, on a portion of Jefferson County Fire Protection District #6 Short Plat as per
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plat recorded in Volume 4 Pages 39 and 40 of Short Plats, Auditor’s File Number 403948,
records of Jefferson County, Washington. The current License is dated October 11, 2003 which
will terminate December 31, 2015, unless otherwise terminated or extended by the Board of
Commissioners.
Site Conditions:
The property has been utilized as a gun range since 1962. Existing facilities on the L-shaped
42.2 acre leased property (that is a portion of Lot 1, described above) include a pistol range and
rifle range, located just north of the proposed new pistol range; an office/classroom and
caretaker’s home near the entrance of the property at Gun Club Road; a cross-country archery
range extending westward from the entrance; and a trap shoot range with clubhouse extends
further westward (See Exhibit 7, Gun Club Master Plan, Swinburne, 2003). The site is
approximately 60% wooded, including the perimeter wooded buffer. The elevation ranges
from approximately 204 ft. in the existing pistol range to 249 ft. elev. in the western trap shoot
range. In 2004 an existing clubhouse was replaced with a new 1,830 s.f. clubhouse building,
and water and septic system were added, continuing the existing use within the Essential Public
Facility (EPF) designated land.
At the request of a local resident, the Washington State Department of Ecology (Ecology) and
US Environmental Protection Agency Region 10 began an initial assessment of the existing
shooting range and found soils contaminated with lead and PAHs that will require further study
to determine appropriate mitigation, if applicable, and best management practices for the
range. While this does not pertain to the subject site specifically (as it was not previously
included in the shooting areas and thus did not contribute to the contamination that exists), as
a future part of the range overall, it is expected that the BMPs that are developed will apply to
the new pistol range as well. This is discussed in more detail with the environmental analysis
attached in 3a.
The County operated a municipal landfill on Lot 1 (west of the gun range) from 1973 until April
1993, when it was closed and replaced with the Jefferson County transfer station. Upon
closure, the landfill was capped with a geomembrane layer and soil, and a monitoring period
began. The Lot 1 short plat for the fire station and training facility use (between the transfer
station and the existing pistol and rifle ranges) was completed in 1997. The monitoring period is
expected to continue for 20 years (from 2000 JeffCo Comprehensive Solid Waste Management
Plan) and longer if the landfill has not stabilized by the end of this period.
Surrounding Area:
North: Undeveloped parcels across Jacob Miller Road, zoning is Rural Residential 1:5.
East: A residential neighborhood exists east of the proposed development, separated
by an existing berm and landscaping; zoning is Rural Residential 1:5.
South: Residential lots, south of the property boundary, approximately 350 ft. away
from the development site and south of the property boundary of the gun range.
Zoning is Rural Residential 1:5.
West: Jefferson County Fire District training facility, on County owned property
designated County Solid Waste—Essential Public Facility.
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PROCEDURAL INFORMATION
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The preliminary proposal was submitted in March 2010, and the UDC Administrator
determined it would be considered a minor expansion of a legal nonconforming use;
provided, under JCC 18.20.260(1)(b) a nonconforming use may be expanded up to 10%
subject to a Type 1 process. At JCC 18.20.260(1)(c) a nonconforming use may be
expanded beyond 10%, subject to a Type II C(d) discretionary conditional use permit
process (JCC 18.15.040, Table 3-1), which requires a public hearing.
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The application for stormwater management and SEPA checklist were submitted with
the building permit application to the County on July 26, 2010.
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Since the County is owner of the subject site, and will receive compensation in the form
of property maintenance and improvements, in addition to the public benefit of
providing training programs for local law enforcement and designated hunter safety
courses, it was determined that third party review by an outside consultant would be
appropriate in order to provide impartial review of the proposal. For this reason the
County contracted with the City of Poulsbo to provide planning review services,
commencing January 2011.
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Staff and consultant determined the application to be substantially completed on March
3, 2011. The application is vested under regulations in place on July 26, 2010.
Notice
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A combined Notice of Application and pending SEPA Threshold Determination was
issued utilizing the Optional DNS process (WAC 197-11-355).
The Notice was posted on
the property by the applicant/representative on March 11, 2011. The same notification
also was mailed to the owner of the subject property, to agencies and to property owners
within 300 feet on March 15, 2011.
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The notice also was published under Legal Notices in the Port Townsend-Jefferson
County Leader.
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Under JCC 18.40.200 and .220, a 14 calendar day public comment period is required.
The comment period ended March 30, 2011 and 37 public comment letters were
received. Acknowledgement of receipt of the comment letters was sent by mail or
email to the commenters.
CRITERIA FOR APPROVAL
The criteria for approval of this proposal are found in the Jefferson County Unified
Development Code (JCC) 18.40 Permit Application and Review Procedures/SEPA
Implementation; JCC 18.15.040 Categories of Land Use; JCC 18.20 Performance and Use-
Specific Standards; JCC 18.30 Development Standards; and JCC 18.40.700 State Environmental
Policy Act implementation.
Under JCC 18.15.040, Table 3-1, in the “Public-Parks Preserves and Recreation” zone, the
“outdoor shooting range” is a prohibited use. However, the subject site also is designated
County Waste Management Essential Public Facility and is subject to an existing Agreement or
“License” to use the County Property as a Gun Club. Staff, under the supervision of the UDC
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Administrator, has determined the gun club use is a legal non-conforming use, since it was
legally established prior to adoption of the current zoning and development codes.
1.18.20.260 Nonconforming uses and structures. A legal nonconforming use or structure
is defined in this section as one that conformed to all applicable codes in effect on the
date of its creation, but no longer complies due to subsequent changes in the code. At
(1)(b), a legal nonconforming use can be expanded up to 10 percent subject to a Type I
permit approval process.
2.Under JCC 18.20.260 expansion of a legal nonconforming use may be permitted through
a Type I zoning permit, if the expansion is less than 10%. However, if it does exceed the
10% threshold, then the process would be to obtain a conditional use permit through a
Type II C(d) discretionary conditional use permit process, per 18.15.040(3), unless the
administrator determines that a Type III permit review process (requiring a public
hearing) is warranted based on the project’s potential impacts, size or complexity,
according to criteria in JCC 18.40.520.
Recommended finding: The Gun Club use was established in 1962 pursuant to codes in
effect at that time. Key to this discussion is determination of the size of the current facility and
use to determine the 10% threshold. With respect to the total land area of 42.2 acres identified
in the License, the 32,000 s.f. (.74 acres) new pistol range is less than 2% of the total land area
under the License, clearly under the 10% rule.
Existing facilities on the 42.2 acres include:
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Shotgun/trap range (approx 17 acres).
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Shotgun clubhouse 1,830 s.f.
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Shooter’s shed 1,730 s.f.
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Classroom (20x40 ft., previously main clubhouse).
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Caretaker home (modular, 10x30 ft.).
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Equipment building (20x15).
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Pistol Bay 1, 100x200 ft., (0.46 ac.) with shooter’s shed (10x40 ft.) and warming shed
(12x15 ft.).
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Rifle Range, 100x330 ft. (0.76 ac.) with shooter’s shed (10x50 ft.).
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Archery Range area (in undefined wooded area, no structures, approx. 5 acres).
Infrastructure, including water supply and septic fields for clubhouse and caretaker and
classroom; parking for each structure; stormwater detention, and perimeter buffers cover
much of the balance of the land area. No increase in the licensed land area is proposed; and
the scope of the use has not changed or expanded (no accessory uses, such as retail sales or
restaurant, have been added).
Performance and Use-Specific Standards (Chapter 18.20)
The proposed expansion of the existing “outdoor shooting range” is subject to the following
performance standards for specifically identified uses under Chapter 18.20.
1.JCC 18.20.350 small scale recreation and tourist uses. Applicable sections include (1)
Small-Scale Recreation and Tourist Uses, (3) Code requirements for all small-scale
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recreation or tourist uses; (4) Expansion of Existing Small-Scale Recreational and Tourist
Facilities and (8) Outdoor shooting Ranges.
Under paragraph (1), small scale recreational and tourist uses rely on a rural location and
setting and provide opportunities to diversify the economy of rural Jefferson County by
utilizing the county’s abundant recreational opportunities and scenic and natural amenities
in an environmental sensitive manner consistent with the rural character of the county.
Upon approval pursuant to this code, these types of uses may be conducted in the land use
districts specified in Table 3-1 in JCC 18.15.040. The list of uses under this section
specifically include;
(j) Outdoor shooting and archery ranges.
Under paragraph (3), a small-scale recreation or tourist use shall meet the requirements of
this code, including the provisions of JCC 18.20.290 Recreational developments, JCC
18.20.140, Commercial uses—Standards for site development, and the following standards:
(a) Small-scale recreation or tourist uses may include limited and commensurately scaled
commercial facilities intended to serve those small-scale recreational or tourist uses
(e.g., a gift shop, delicatessen, convenience store, or associated retail sales and
services); provided, that the applicant can demonstrate the following to the satisfaction
of the approving authority that:
(1)The principal demand for the commercial facilities is derived from the principal
recreational or tourist use and not the existing and projected rural population;
(2)The associated commercial activities shall be clearly accessory to and dependent
upon the primary recreational or tourist uses;
(3)The associated commercial activities, in addition to the principal recreational or
tourist use, will not have a measurable detrimental traffic, noise, visual or public
safety impact on adjacent properties;
(4)The use and associated structure is clearly appropriate and compatible in scale, size,
design and function with surrounding uses and environment;
(5)The use will not constitute new urban development in a rural area;
(6)The public facilities and services provided are limited to those necessary to serve the
associated commercial activities and the principal small-scale recreational or tourist
use in a manner that does not permit low-density sprawl; and
(7)All other applicable requirements and standards in this UDC are met.
Recommended finding: Outdoor shooting and archery ranges are among the
permitted Small Scale Recreation and Tourist Uses. No accessory commercial retail
activities are proposed. The facilities are for club members and their guests only and
does not provide commercial or retail uses open to the public.
(b)Unless a larger parcel size is specified, minimum lot size shall be five acres.
Recommended finding: The 42+ acre parcel exceeds the minimum lot size.
(c)Only one small-scale recreational or tourist use shall be allowed per legal lot of record,
with the exception of rural restaurants.
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Recommended finding: The existing gun club is the only small scale recreational
or tourist use on the leased subject site and all of County owned Lot 1, described above.
(d)Only those buildings or areas specifically approved by the county may be used in the
conduct of the business.
Recommended finding: Only the 42.2 acre portion of Lot 1 under License from
the County to the gun club is the subject of this review. No expansion outside the
boundary of the lease area is proposed.
(e)Parking shall be contained on-site and provided in conformance with this code, including
JCC 18.30.100 and 18.30.130.
Recommended finding:
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Under JCC 18.30.100, Table 6-2, for all small-scale recreational and tourists uses,
the number of parking spaces required shall be determined by the administrator.
Our recommendation is that 1 parking space be provided for each shooting bay.
Twelve shooting bays are proposed. According to the earlier range master plan,
there are 32 existing graveled spaces; 48 spaces are proposed in the new site
plan.
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Parking for physically handicapped shall be provided consistent with state
standards at a rate of not less than 2 percent of the total number of parking
spaces, or a minimum of one parking space, whichever is greater. Such spaces
shall comply with ANSI 117.1-2003 (502.2 and 502.4.2) and shall be not less than
12 feet, six inches wide.
Currently there are two HC spaces, and a paved sidewalk to the existing
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shooting bays. The two HC spaces exceed the 2% requirement. The new
sidewalk will connect to the existing sidewalk, providing adequate access.
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Under 18.30.130 (6) Landscaping for Parking Lots. Landscaping shall be provided
for commercial, industrial, small scale recreational and tourist uses and
multifamily residential use surface parking lots, with five or more parking stalls
as follows:
a. Screening shall be provided on each side, front and/or rear of a parking lot
where such side, front, and /or rear abuts any residential use or district, except
that no screening is required where the elevation of the parking area lot line is
four feet higher than the finished elevation of the parking area surface.
The existing berm and wooded buffer at the east boundary adjacent to
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rural residential lots, provide adequate screening for the pistol range
parking lot and existing road. Other than areas of the site consist of
forest and mowed grasses. Under the existing legal nonconforming use,
no landscaping has been provided in the gun range, other than retaining
existing buffers and mowing of grassed areas. This contributes to
maintaining high visibility through the range. As there is no water
available or required in this area, no further landscaping will be required
except as necessary for erosion control.
(f)All activities shall, at a minimum, be screened from the view of adjacent residential uses
subject to the landscaping and screening requirements of JCC 18.30.130 and set back a
sufficient distance from all rear and side property lines to protect the character of
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adjacent and surrounding properties and uses. The approving authority may authorize
variations to the setbacks established in Table 6-1 in JCC 18.30.050 in order to ensure
that any small-scale recreation or tourist use or structure, when proposed in or adjacent
to a rural residential (RR) district, shall be compatible with and not disruptive to the
character of existing and anticipated future uses in the district.
Recommended finding: The proposed pistol range will be approximately 170 ft.
from the perimeter boundary and adjacent existing rural residential properties. There is
an existing berm and dense vegetation east of the gravel road access and between the
rural residential lots and the new pistol range that provides adequate buffer. The new
range will not infringe on existing perimeter setbacks and buffers.
(g)All small-scale recreation or tourist uses shall utilize local access or minor collector roads
for primary access whenever practicable. Access off of state routes, arterials, or major
collector roads may be allowed if access improvements or a traffic analysis assures
mobility is not degraded.
Recommended finding: No change is proposed to the existing access from Gun
Club Rd., a county owned local access road.
(h)Structures shall comply with the landscape, lighting, site coverage, and design standards
set forth in Chapter 18.30 JCC.
JCC 18.30.050 Density, dimension, and open space standards.
The following is excerpted from Table 6-1 of JCC 18.300.50 and related footnotes.
Table 6-1. Density, Dimension and Open Space Standards in “Public” zone.
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Maximum density (du/ac): NA
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Minimum Lot area: None specified. Sufficient to meet
public health and environmental
protection standards.
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Min. front or road setbacks (Gun Club Rd.- Local Access): 20 ft.
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Minimum rear and side setbacks: 20 ft.
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Maximum building height: 35 ft.
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Area of impervious surface coverage: 10%
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Area of building coverage: NA
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Maximum building size: None specified
Recommended finding: The proposal is consistent with the above requirements.
The closest distance to a boundary line is 175 ft.; no change in lot area is proposed.
JCC 18.30.130 Landscaping/screening: This is addressed in (e) above.
JCC 18.30.140 Lighting. No lighting exists and none is proposed, as the gun range is day
use only, except special night training may be permitted, which requires no lighting.
JCC 18.30.150 Signs. No signage is proposed. As a condition of approval, if any signage
is proposed, a sign permit will be required pursuant to this section.
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(i)Any small-scale recreational or tourist use development allowed under this section that
proposes to include permanent occupancy on-site residential development may only be
permitted subject to:
i.The underlying rural residential density;
ii.A master planned resort (MPR) district designation subject to a legislative
action to amend the comprehensive plan; or
iii.That necessary for on-site management (e.g., a caretaker’s residence).
Recommended finding: There is only one residence on-site, which is the caretaker’s
residence. No additional residential units are proposed.
(j)For any small-scale recreation or tourist use, the county shall impose such reasonable
conditions (e.g., location and size restrictions, design standards, landscape buffers,
setbacks, etc.) as are found necessary by the approving authority to ensure that the
activity or use, due to proximity, location or intensity:
i.Is compatible with the rural character of adjacent lands and shorelines,
including forestry, agriculture, and mineral lands of long-term commercial
significance:
Recommended finding: The shooting range and building placement from
the property line adjacent to rural residential zone exceeds the required 20
ft. setbacks and does not impact the existing berm configuration and
landscape buffers at the perimeter of the gun range property.
ii.Does not disrupt the character of any surrounding permitted uses;
Recommended finding: The gun range has been in existence at this
location since 1962 and has provided adequate buffering from adjacent rural
residential uses. Only two residences are found in county records on the
adjacent rural lots, which are mobile homes constructed subsequent to the
range opening. The remaining land is vacant.
iii.Is adequately served by public facilities and services (including roadway level
of service and minimum fire flow requirements) without the need to extend
those services in a manner that promotes low density sprawl;
Recommended finding: City of Port Townsend water line is extended to
the existing caretaker residence and the shot gun range clubhouse, and
septic facilities also exist at these locations. The new pistol range does not
require extension of public facilities or roads and is not expected to
contribute significantly to traffic.
iv.Adequately protects environmentally sensitive areas including surface and
groundwater resources; and
Recommended finding: The County GIS mapping does not show sensitive
environmental areas in the vicinity of the new pistol range, (i.e. no wetlands
or critical aquifer recharge areas). Stormwater is being directed to the
existing detention facility. However, potential environmental hazards related
to lead management have been identified by EPA, and applicant is working
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with state and local agencies to develop best management practices for the
gun range. Analysis of the soil structure is found in the county well logs in
the vicinity which indicate that dense clay material lies between the surface
and the well aquifer; therefore it is highly unlikely that lead would migrate
into the aquifer, particularly with best management practices. This is
discussed in more detail in the environmental documents appended to this
staff report in Exhibit 3a, c and e.
v.Would not cumulatively, in combination with the effects of existing
development (or given the probable development of subsequent projects
with similar effects) in the vicinity (i.e., within one mile) of the proposed use,
create a development pattern that constitutes low density sprawl; requires
the extension of public facilities or expansion of public services in a manner
that promotes low density sprawl; or be otherwise incompatible with or
injurious to the rural character of the area;
Recommended finding: The outdoor shooting range is a definitive non-
residential, rural land use and does not contribute to low density sprawl.
There is no plan for the gun range to expand beyond the boundaries of the
42.2 acres subject to the License with the County. However, rural residential
development has begun to increase in the vicinity of the existing gun range
and other County owned facilities. It could be said that residential uses are
beginning to encroach on the existing land uses.
vi.For designated agricultural lands, convert as little land with prime
agricultural soils as practicable into nonagricultural use.
Recommended finding: This property is not designated prime agricultural
land.
vii.If the preceding conditions (in subsection (3) (j) or this section) cannot be
met to the satisfaction of the approving authority, the use shall be denied.
Recommended finding: It is recommended this proposed minor
expansion of an existing legal nonconforming use, as conditioned, meets
requirements of this section and therefore should be permitted under the
License agreement with the County.
Under paragraph (4) of JCC 18.20.350: Expansion of Existing Small-Scale Recreational and
Tourist Facilities:
(a)Where alteration, modification, or expansion of existing small-scale recreation and
tourism facilities would increase the scope, scale or intensity of the use or facilities (e.g.,
adding meal service or new recreational facilities, adding new conference or lodging
facilities), the proposal shall be subject to a conditional use permit and must
demonstrate that the expansion of the existing use or location is reliant upon a rural
location and setting.
Recommended finding: No ancillary uses or services are proposed. As a minor
expansion of a legal nonconforming use, dependent on a rural location and setting, a
conditional use permit is not required.
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(b)The approving authority may attach reasonable performance standards and/or
conditions to ensure that alteration and expansion of such uses have minimal adverse
impacts on surrounding areas and uses, maintains the rural character of the area; does
not constitute low density sprawl, and is in compliance with RCW 36.70A.070(5)(d).
Recommended finding: RCW 36.70A.070(5)(d) has to do with the
comprehensive plan provision in State law for limited areas of more intensive rural
development, if it does not contribute to low density sprawl. This proposal for minor
expansion of an existing gun range does not contribute to low density sprawl, does not
require additional roads or utilities, and does not expand beyond existing setbacks and
buffering.
(c)Any alteration, modification or expansion of an existing small-scale recreation or tourist
use shall require site plan approval consistent with the standards and requirements of
this code.
Recommended finding: A site plan was submitted with the building permit and
stormwater management application. The location, orientation, landscape buffers, etc.
are considered under the section discussing applicable development standards under
JCC 18.30.
Under Paragraph (8) of JCC 18.20.350, Outdoor Shooting Ranges, outdoor shooting ranges are
subject to the following standards:
(a)They shall be located, designed, constructed and operated to prevent the likelihood of
discharge of ammunition beyond the boundaries of the parcel where they occur;
Recommended finding: The target areas of the existing rifle and pistol range are
enclosed by berms, and the new pistol range proposes a 25 ft. high berm behind the
target area and 12 ft. high berms on the sides; and the shooting direction is away from
property boundaries. The design should prevent discharge of ammunition beyond the
boundaries of the Gun Club parcel.
(b)The National Rifle Association’s Range Manual shall be consulted and used in the
development and operation of ranges; Articles 1, 2, and 3 of the safety
recommendations for outdoor shooting ranges shall be used as minimum guidelines in
the design and construction of shooting ranges;
Recommended finding: The NRA Manual being utilized by the Jefferson County
Sportsmen Association for the design of the new pistol range and for safety operations
at the range is: The Range Source Book, A Guide to Planning and Construction, National
Rifle Associate Range Department, Fairfax VA 22030, Revised January 2004. Section I,
General Information, Chapters 1-7 pertain to development and management of ranges;
and Section II Outdoor Ranges provides information specific to outdoor ranges, with
sections on outdoor range operation and maintenance and developing a “Range
Operations Guide”, including a safety plan, organization records, maintenance guide,
etc. It is noted the Club is in the process of updating their range operation guidelines
for safety, which also will incorporate best management practices from the EPA manual:
Best Management Practices for Lead at Outdoor Shooting Ranges, EPA-902-B-01-001,
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January 2001. The two documents are incorporated by reference as conditions of
approval. Information from monitoring undertaken pursuant to the EPA Manual shall
be submitted to the County and may be considered at the time of lease renewal.
(c)Warning and trespass signs advising of the range operation shall be placed on the
perimeter of the property at intervals no greater than 50 feet;
Recommended finding: Signs are posted along the boundary consistent with the
approvals for the existing gun range. In addition the entire range is enclosed with dense
vegetation and/or steep berms.
(d)The shooting areas shall be surrounded by an eight-foot-high noise barrier in the form of
an earth berm or wall, or be located in a minimal eight-foot-deep depression;
Recommended finding: The proposed grading to create the berms will cut into
the existing eastward gentle slope to provide drainage westward toward the berm to a
depth of approximately 13 ft. Cut material will be placed on the berm to a height of 15
ft. behind the target area, creating a berm height of approximately 28 ft., measured
from the base of the created depression. Side berms will be 12 ft. from base of
depression area. The berm/depression creates a safe shooting environment and
contributes to noise reduction. Applicant is proposing to incorporate a wall as a sound
barrier at the rear of the covered firing line structure.
(e)The minimum lot size for an outdoor rifle, trap, skeet or pistol range used by an
organization shall be 10 acres. For an outdoor archery range used by an organization,
minimum lot size shall be five acres;
Recommended finding: The existing gun range includes rifle range, trap and
skeet range, 1 pistol range and a 5 acre outdoor archery range on the 42.2 acre site.
(f)No structure or shooting areas associated with a shooting range shall be located closer
than 100 feet to any lot line;
Recommended finding: The proposed pistol range is 175 ft. from the east
property line. The existing rifle range is approximately 100 ft. from the property line.
Both are separated from the range perimeter lot line by the existing berm and forest
within the 100 ft. buffer.
(g)A minimum location of 500 feet is required from any occupied dwelling other than the
dwelling of the owner;
Recommended finding: According to county records, adjoining properties to the
east within 500 ft. of the range include the following:
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Parcel #950700402 vacant
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Parcel #950700403, 1486 Jacob Miller Rd., mobile (no date of construction)
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Parcel #950700404, vacant
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Parcel #001093005, vacant
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Parcel #001093015, 1542 Jacob Miller Rd., a mobile home built in 1974, plus
additional 480 s.f. addition.
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Parcel #001093021, 15 Lupine St., Mobile built 2000.
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The new pistol range will be 170 ft. west of the gun club property line. Aerial photos
indicate the nearest residence (#950700403) is located approx. 550 ft. from the new
pistol range. The two mobile homes appear to have been constructed after the gun
range became operational in 1962.
(h)All shooting areas must be completely fenced; and
Recommended finding: The Licensed 42.2 acres is bordered at the west by
county landfill property, which is fenced, and from which no public access is permitted.
There is no fencing constructed along Jacob Miller Road. However, steep berms, and
dense forest vegetation, in addition to setbacks exceeding 100 ft. provide adequate
enclosure and buffering, consistent with the legal use established in 1962.
(i)In the consideration of an application for permit, the approval authority shall take into
account both safety and noise factors and may prescribe additional conditions with
respect thereto.
Recommended finding: The gun range has been in operation since 1962.
Adequate gun safety measures are provided by the existing gun range operations and in
fact are promoted in its training programs. The design and orientation of the range(s)
consider safety of adjoining uses. Noise issues are discussed in more detail under
environmental review as a result of public comment. While under WAC 173-60-040 and
RCW 70.107.080 the State provides exemptions for permissible noise levels for
recreational shooting during specific hours, the NRA Range Manual recommends
addressing noise reduction where the range is close (i.e. within ¼ mile) to residential
uses. Section I, Chapter 6 of the NRA Range Source Book discusses sound abatement on
outdoor shooting ranges. In addition to the existing and proposed berms and buffers
surrounding the pistol range, the applicant is proposing a back wall for the shooters’
shed to block sound, which is consistent with NRA Source Book, Section 3.04.3 (p. I-6-
14). However, “sound will still propagate to the neighboring community due to
diffraction and reflections from downrange obstacles, e.g., the hillside, berms, and
trees”, unless sound absorption material inside the shed is attached, as recommended
in NRA Source Book, Section 3.04.4. For this reason we recommend the applicant
research reasonable, low cost sound absorption materials which can be secured inside
the shooting shed, after it is constructed. An acoustical engineer may be helpful in
providing appropriate sound mitigation measures.
JCC 18.20.290 Recreational developments. Recreational developments are campgrounds,
parks, playing fields, and facilities for indoor and outdoor sports and recreational facilities, and
similar developments, including small-scale recreational tourist uses (JCC 18.20.350). All
Recreational developments:
a.Recreational areas shall be located so as to protect adjacent properties from adverse
impacts. Where the proposed recreational use can reasonably be expected to have
adverse impacts on adjacent properties, and where existing ground cover, such as
trees or shrubs, will not provide an adequate buffer between the recreational area
and adjoining properties, screening or fencing will be required.
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Recommended finding: The proposed pistol range is inside and part of an
existing gun range that provides a minimum buffer area of 100 ft., containing dense
wooded vegetation and earthen berms. No additional screening is required.
b.Parks and campgrounds in which individual lots or spaces are to be sold in fee simple
are prohibited.
Recommended finding: No park or campground lots or spaces for sale are
proposed.
c.Parking areas associated with recreational areas shall be located inland away from
the water and beaches and shall be designed to control surface runoff and prevent
the pollution of nearby water bodies. Safe access from parking areas to recreation
areas shall be provided by means of walkways or other suitable facilities.
Recommended finding: The existing gun range is not located near any water
body or beach area. Runoff will drain to the existing stormwater detention facility
and is contained on-site except for extreme storm events. Stormwater issues are
addressed by Public Works’ comments in a later section discussing JCC 18.60.030,
grading and drainage standards. The expanded parking lot will connect to existing
and proposed paved walkways.
d.Playing fields must meet the following standards:
i.Any lighting must be of direct cutoff design and not extend beyond the
property boundaries.
ii.Any trash or garbage receptacles must be screened from view from
surrounding properties.
iii.Any restroom facilities must be screened from view from surrounding
properties and the entrance must be fully visible from public areas.
Recommended finding: No playing field is proposed.
e.No use shall be made of equipment or material which produces unreasonable
vibration, noise, dust, smoke, odor, or electrical interference to the detriment of the
quiet use and enjoyment of adjoining property.
Recommended finding: Under WAC 173-60-050(1)(b), sounds created by the
discharge of firearms on authorized shooting ranges are specifically exempt from
state noise regulations found under WAC 173-60-040, Maximum permissible
environmental noise levels, between the hours of 7:00 a.m. and 10:00 p.m. While
we received comments from some neighbors in the vicinity regarding existing and
increasing noise, the gun range has been in existence at this location since 1962,
prior to most neighbors moving in. The range may be increasing in popularity but is
closed outside of these hours.
f.Commercial Recreational Development. Recreational uses which are also
commercial enterprises are subject to the site standards for commercial uses, JCC
18.20.140, in addition to the regulations in subsection (1) of this section.
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Recommended finding: This is not a commercial recreational development as it
is private membership, not open to the general public and does not include ancillary
commercial or retail enterprises.
Additional Applicable Sections of JCC 18.30
JCC 18.30.030 Water supplies. Potable water is provided to the gun range property to the
clubhouse and the caretaker residence, but not directly to the new pistol range. The building
occupancy or use does not require potable water supply.
JCC18.30.040 Sewage disposal. Sewage facilities are available for the clubhouse and for the
caretaker’s home, but it is not available to the existing or proposed pistol and rifle ranges. The
firing line shooter’s sheds do not require sewer and water.
JCC 18.30.060 Grading and excavation standards. The Jefferson County Public Works
Department has reviewed the proposal and provided the following comments:
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The Jefferson County Unified Development Code, Section 18.30.070 Stormwater
Management Standards adopts the standards and minimum requirements of the
Washington Department of Ecology Stormwater Management Manual for Western
Washington.
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The proposal would require approximately 35,000 square feet of land disturbing activity to
construct a pistol range at an existing shooting range. The development would include
excavation and filling to construct a berm around three sides of the range. A covered
shooters’ shed and parking spaces would also be constructed. The project would create
approximately 2,540 square feet of new impervious surface. The proposal site is a portion
of a +/-40 acre site that is leased from Jefferson County by the Sportsmen’s Association.
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Existing site drainage and stormwater runoff from the access road and rifle and pistol
ranges is conveyed to a +/-100 ft. x 200 ft. impoundment on the northerly area of the rifle
range. Impounded water infiltrates and does not flow off of the site, except in extreme
storm events; and the new pistol range should not exceed the functional capacity of the
system. Runoff from the project site would also be conveyed to this area.
Conditions of Approval provided from the Jefferson County Public Works Department include
the following:
1.The proponent has submitted a Jefferson County Stormwater Site Plan Template dated
7/26/2010 that analyzes stormwater management issues related to the proposed
development. The Template includes the elements of a Construction Stormwater
Pollution Prevention Plan. The proponent shall implement the best management
practices from the Template while constructing the pistol range.
2.Prior to commencing land disturbing activity, the proponent shall notify Public Works by
calling 385-9162.
3.Prior to final project approval, the proponent shall request an inspection of the facility
by Public Works, by calling 385-9262.
4.Prior to final project approval, the proponent shall pay all costs related to Public Works’
review and inspection. Public Works’ development review fee is currently $65 per hour.
In the event that approval for the proposal is denied by Jefferson County or the proposal
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is not completed, the proponent shall still be responsible for paying the Department’s
fees.
Recommended finding: As conditioned, the proposal meets the requirements of JCC
18.30.060.
JCC 18.30.080 Roads. No roads are proposed or required for this project.
Recommended finding: The existing gravel driveway accessing from Gun club Road is found
to be adequate.
ENVIRONMENTAL REVIEW
Critical Areas Ordinance, JCC 18.22
The County’s critical areas ordinance is intended to identify and protect critical areas as
required by the Growth Management Act of 1990. These areas include wetlands, fish and
wildlife habitat conservation areas, areas subject to frequent flooding, geologically hazardous
areas and critical aquifer recharge areas.
Recommended finding: No critical areas are noted in the county GIS mapping for the
subject area. No critical areas were observed during site visits.
State Environmental Policy Act (SEPA)
Substantive authority, mitigation and process requirements for SEPA review are found under
WAC 197.11. SEPA is required with the grading permit, because more than 500 cy earth will be
moved with the grading permit. A SEPA checklist was submitted with the application (Exhibit
1c) and reviewed by staff, prior to forwarding the combined Notice of Application and Pending
Threshold Determination to State agencies for comment.
WA State Department of Ecology (Ecology) provided comments regarding environmental
hazardous materials having been identified on site. This, however, is being addressed through
a separate action, as discussed in the detailed Analysis of SEPA of Mitigated Determination of
Non-Significance and SEPA mitigations, attached in Exhibit 3a.
The EPA’s Best Management Practices for Lead Management in a Shooting Range EPA-902-B-
01-001, January 2001, is being incorporated by reference, and specific mitigation measures are
linked to findings by County Health Department and State Ecology.
The SEPA Responsible Official issued a Final Threshold Determination (MDNS) on or about June
13, 2011 (Exhibit 3b).
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STAFF COMMENTS AND RECOMMENDATIONS
Comments: This project, as proposed in conjunction with the Conditions of Approval and SEPA
Mitigation measures , is consistent with the Jefferson County Comprehensive Plan, Unified
Development Regulations and all other County regulations.
Recommendations: Staff respectfully recommends approval Jefferson County Sportsman’s
Association proposed pistol range, MLA10-00297, subject to the Conditions of Approval and the
SEPA Mitigations contained herein.
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CONDITIONS OF APPROVAL AND SEPA MITIGATION
Conditions of Approval
1.The proposed pistol range shall be developed consistent with the site plan, building permit
and stormwater management plan submitted on July 29, 2010, subject to the following
conditions of approval and SEPA mitigations, and as approved by the County Zoning
Administrator.
2.The NRA Manual being utilized by the Jefferson County Sportsmen Association for the
design of the new pistol range and for safety operations at the range is: The Range Source
Book, A Guide to Planning and Construction, National Rifle Associate Range Department,
Fairfax VA 22030, Revised January 2004. Section I, General Information, Chapters 1-7
pertain to development and management of ranges; and Section II Outdoor Ranges
provides information specific to outdoor ranges, and also includes sections on outdoor
range operation and maintenance and developing a “Range Operations Guide”, including a
safety plan, organization records, maintenance guide, etc. Applicable sections of this
Guide, as may be amended, are incorporated by reference as a condition of approval.
3.If any new signage is proposed, a sign permit will be required pursuant to JCC 18.30.150
Signs.
4.The proponent has submitted a Jefferson County Stormwater Site Plan Template dated
7/26/2010 that analyzes stormwater management issues related to the proposed
development. The Template includes the elements of a Construction Stormwater Pollution
Prevention Plan. The proponent shall implement the best management practices from the
Template while constructing the pistol range.
5.Prior to commencing land disturbing activity, the proponent shall notify Public Works by
calling 385-9162.
6.Prior to final project approval, the proponent shall request an inspection of the facility by
Public Works, by calling 385-9262.
7.Prior to final project approval, the proponent shall pay all costs related to Public Works’
review and inspection. Public Works’ development review fee is currently $65 per hour. In
the event that approval for the proposal is denied by Jefferson County or the proposal is not
completed, the proponent shall still be responsible for paying the Department’s fees.
SEPA Mitigation Measures
8.The Jefferson County Unified Development Code, Section 18.30,070 Stormwater
Management Standards adopts the standards and minimum requirements of the
Washington Department of Ecology Stormwater Management Manual for Western
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Washington. These requirements are adequately addressed in the site plan review for the
project and resulting standard conditions of approval.
9.If it is determined by the ongoing EPA site assessments that the presence of lead is
significant enough to warrant site cleanup or other mitigation, their requirements will
extend to the subject new pistol range as may be appropriate.
10.Applicable sections of Best Management Practices for Lead at Outdoor Shooting Ranges,
EPA-902-B-01-001, January 2001, as may be amended, are incorporated by reference as
SEPA mitigation for the pistol range. This EPA/BMP manual is available at:
http://www.epa.gov/region2/waste/leadshot/. The manual describes methods to prevent
lead migration in its four-step process outlined in Chapter 3. These include monitoring and
adjusting soil pH, immobilizing lead and controlling runoff. A lead mitigation
implementation plan specific to the pistol range is required, at minimum incorporating the
following four steps. Forms and methodology for documentation shall be developed and
submitted to the County prior to Certificate of Occupancy for the building permit (and this
plan also may be incorporated into the future management plan for the entire range). This
is not intended to delay construction of the project.
Step 1 - Control and contain lead bullets and bullet fragments.
The upper 1-2 feet of the constructed earthen berm shall be free of large rocks and
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other debris, to reduce ricochet potential. This is typically accomplished by sifting of
soil prior to berm construction, as described in the BMP manual.
Lead and larger rock or debris particles should be regularly removed from the impact
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area to prevent ricochet bullets. Inspection and scheduling shall be documented in
the range management manual retained on site.
Step 2 - Prevent migration of lead to the subsurface and surrounding surface water
bodies.
Analysis for initial baseline pH and soil chemistry in the berm area and drainage
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ways by an approved method (or by Ecology), is required prior to construction
permit approval to determine appropriate soil amendments. [Applicant has
provided this baseline information].
A range management plan shall be developed which shall incorporate, at minimum,
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methodology based on EPA/BMPs to
a.Adjust soil pH (e.g., assess soil pH and spread lime) on an annual basis as
described in the EPA/BMPs.
b.Immobilize lead (e.g. phosphate spreading) on a regular and documented
basis.
c.Add lime and phosphate during the periodic earthen berm rebuilding
process, based on soil testing for pH and concurrence with EPA or qualified
range design consultant.
d.In the detention area and drainage ditches subject to lead accumulation,
periodically remove the upper 1-2 feet of soil, sift to remove lead particles,
incorporate prescribed soil amendments, and replace the soil with
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reconstruction of the pond and ditches, pursuant to the EPA/BMP manual
guidelines and soil characteristics.
Additional erosion control shall be provided on the berm surface, utilizing planted
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vegetation and organic ground cover that will not interfere with lead removal
practices.
Step 3 - Remove the lead from the range and recycle.
An active lead management program to recover lead shall be developed by the club
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which, at the minimum, includes annual inspection and maintenance of the berm
and impact areas; periodic removal of upper 1-2 feet of the earth berm area, and
hand raking and sifting, screening, or other measure to remove lead bullets as
discussed under Sec. 3.3 of the EPA/BMP.
The NRA recommends a frequency of one to five years for lead cleanup. After lead
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removal the soils may be reused -- replaced and re-compacted into place. The
frequency of reclamation is based on lead quantity estimated by the number of
rounds fired, use frequency, type of bullet containment, etc. A lead reclamation
company may be employed.
On-site storage and recycling of sorted lead shall be managed pursuant to RCRA
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requirements (discussed in Appendix D of EPA/BMP) and shall not be exposed to the
elements; shall be managed so as to prevent releases to the environment; shall be
stored in containers in good condition, with regular inspections of the container
condition; and records of inspections shall be maintained and readily available.
Step 4 - Documenting activities and keeping records
At a minimum, annual documentation shall be provided citing when reclamation was
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last conducted; use frequency of range; estimated number of rounds shot; results of
soil pH testing and soil characteristics. The documentation will enable
determination of timing and effectiveness of mitigation measures implemented
through range management.
In addition documentation of the type of BMPs implemented to control lead
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migration, the date of service, and who did the services is required. The forms for
tracking these activities shall be retained on site with the site’s range management
plan. Such records shall be retained for the life of the range.
Information from annual monitoring and maintenance undertaken pursuant to the
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EPA Manual shall be submitted to the County and may be considered at the time of
lease renewal.
11.Under 173-60-050 RCW, sounds created by the discharge of firearms on authorized
shooting ranges shall be exempt from the provisions of WAC 173-60-040 between the hours
of 7:00 a.m. and 10:00 p.m. Shooting shall be restricted to these hours and may be further
limited by club membership.
12.Signage shall be provided at the site entrance, at each building and firing line, and posted
on the website clearly indicating hours of operation. Special events also shall be similarly
posted and published in the local paper.
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LIST OF EXHIBITS AND REFERENCES
1.Applications: MLA10-00297
a.Master Permit application
b.Stormwater Site Plan submittal
c.SEPA Checklist
d.Building Permit Application
2.Public Notice and Comment Letters
a.Optional Combined Notice of Application and SEPA Threshold Determination.
b.Public Comment Letters
c.Agency Comment Letters
d.Response to Public Comment by Staff Consultant
e.Response to Public Comment by Applicant
3.Environmental Review
a.Analyses of Threshold Determination under the Rules of the State
Environmental Policy Act (WAC 197-11).
b.Final Mitigated Determination of Non-significance and Lead Agency Status
c.LIDAR Topography, County GIS data.
d.County GIS Aquifer Recharge Areas
e.Soil Survey Information from Natural Resources Conservation Service, United
States Department of Agriculture, Official Soil Series Descriptions (attached),
available at http://soils.usda.gov/technical/classification/osd/index.html.
f.Well Logs for residential properties, obtained from County data base May
2011 (attached).
g.WAC 173-60-040 Maximum permissible environmental noise levels.
4.EPA’s Best Management Practices for Lead at Outdoor Shooting Ranges, EPA-902-B-
01-001, January 2001, available at: http://www.epa.gov/region2/waste/leadshot/.
5.The Range Source Book, A Guide to Planning and Construction, National Rifle
Association Range Department, Fairfax VA 22030, Revised January 2004; Section I
General Information, Chapters 1-7 pertaining to development and management of
ranges; and Section II Outdoor Ranges, which includes sections on outdoor range
operation and maintenance.
6.Aerial photo, Image U.S. Geological Survey, 2010 Google.
7.Master Plan Jefferson County Sportsman’s Association, by Stephen Swinburne,
Architect, August 1, 2003.
8.License to Use County Property by the Jefferson County Sportsmen’s Club, dated
October 11, 2003; including map of licensed area.
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