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HomeMy WebLinkAboutZON2013-00010 i�J�iu�dUl�i�3G n11N(1!NV�O��0'ld3a {71,,�� N c06 JEFFERSON COUNTY '`'''�? i---- -j�f �} DEPARTMENT OF COMMUNITY DEVELOPMENT 1 W , n r}'' 47 #(y1,N i lU "' ` '4 621 Sheridan Street• Port Townsend •Washington 98368 � ;,( 360/379-4450 . 360/379-4451 Fax , 1 ;' 1 �,Q www.co.jefferson.waus/commdevelopment i S$tN i Master Permit Application MLA: f— —� Project Description(include separate sheets as necessary): g--Ea- —. rat'-'E c C(f7(ei T "R " Tax Parcel Number: pro x. 14/ DO S" Property Size: 4q.5 etC rcg (acres/square feet) Site Address and/or Directions to Property: 7&7 -/SoU.zzro►J 119br Q t�N�i Property Owner(s)of Record: 0 r ■ , �.Q II k Telephone: Fax: email: Nat, Mailing Address: 3541l) E. o it:Lceme 201,p1) Applicant/A ent(if different from owner): diA5 1A-S, 6. /9 ttS ow Telephone: 6 a) L 4 3' 31.4 3 Fax 34 D) 8S'- /5 i 1 email:seodorseoDoiymia.a.ntet Mailing Address: 2.444 ;511 4-t What kind of Permit?(Check each box that applies ❑Lot or Road Segregation ❑Building ❑Critical Areas Stewardship Plan ❑ Demolition Permit ❑Variance(Minor,Major or Reasonable Economic Use) ❑Single Family ❑Garage Attached/Detached ❑Conditional Use[C(a),C(d),or Cj** ❑ Manufactured Home -❑ Modular - ❑Discretionary"D"or Unnamed Use Classification ❑ Commercial* ❑Special Use(Essential Public Facilities)** ❑ Change of Use ❑Boundary Line Adjustment ❑ Address ❑Road Approach ❑Short Plat'""" ❑Home Business ❑Cottage industry ❑Binding Site Plan** ❑Propane ❑Long Plat** ❑Sign - ❑Planned Rurai Residential Development(PRRD)/Amenaments** ❑Allowed'Yes"Use Consistency Analysis IJ Plat Vacation/Alteration** ❑Stormwater Management ❑Shoreline Master Program Exemption/Permit Revisions** ❑Site Plan Approval Advance Determination(SPAAD)* ❑Shoreline Management Substantial Development** ❑Temporary Use ❑pfioreline Management Variance ❑Wireless Telecommunication* ErComprehensive Plan/UDC/Land Use District Map Amendment ❑Forest Practices Act/Release of Six-Year Moratorium ❑Jefferson County Shoreline Master Program Amendment *May require a Pre—Application Conference ❑Tree Vegetation Request **Requires a Pre-Application Conference Please identify any other local,state or federal permits required for this proposal, if known: None, know"), -+o app/i cavvt DESIGNATION OF AGENT I hereby designate RIP, .,,14,S 6% meson to act as my agent in matters relating to this application for permit(s). i OWNER SIGNATURErIe' ..a. -L.,.h,, Date: N.rck / i 2.0 13 . By signing this ap.�'-tion form,the owner/agent attests that the information provided herein,and in any attachments,is true and correct to the best of his,her or its knowledge. Any material falsehood or any omission of a material fact made by the owner/agent with respect to this application packet may result in this permit being null and void. I further agree to save,indemnify and hold harmless Jefferson County against all liabilities,judgments,court costs,reasonable attorney's fees and expenses which may in any way accrue against Jefferson County as a result of or in consequence of the granting of this permit. I further agree to provide access and right of entry to Jefferson County and its employees,representatives or agents for the sole purpose of application review and any required later inspections. Staffs access and right of entry will be assumed unless the applicant informs the County in writing at the time of the applica-tha j •r she - p v.Lce. Date: ^Crek / / Z"1 Signature: �.✓/./ , ._ The action Or Applicant will undertake as a result of the issuance of this permit may negatively impact upon one or more threatened or endangered species and could lead to a potential"take"of an endangered species as those terms are defined in the federal law known as the "Endangered Species Act"or"ESA."Jefferson County makes no assurances to the applicant that the actions that will be undertaken because this permit has been issued will not violate the ESA. Any individual,group or agency can file a lawsuit on behalf of an endangered species regarding your action(s)even if you are in compliance with the Jefferson County development code.The Applicant acknowledges that he,she or it holds individual and non-transfers• ,,ibility r dh to and lying with the ESA. The Applicant has read this disclaimer and signs and dates it below. Signatur a" / 6� ���„` Date: Mardi, // /.3 N ,'�� % JEFFERSON COUNTY 4 1 DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street• Port Townsend • Washington 98368 ; _ �S' NO� 360/379-4450 . 360/379-4451 Fax D i Lr . 0 [L-1-,4,` 7 [r^l www.co.jefferson.wa.us/commdevelopment Application for Formal Site-Specific ;' 1 M,,"; 4 i , I I, 9 L a iI Comprehensive Plan / UDC Amendment JEFFERSON COUNTY _ PT NFG MMuNITYDFV'F19PMENI MLA# I3— C/S PROJECT/APPLICANT NAME: gb v L-)v/V For Comprehensive Plan amendments, applications must be completed and submitted to the Department of Community Development by March 1 of the current calendar year in order to be considered during the annual amendment process. Completed applications that are received after March 1 will be placed on the docket for the following calendar year. Applications for UDC amendments may be considered on a rolling basis. Applications that are incomplete (i.e., that do not include all of the information required below) will be returned to the applicant. Submittal Requirements 1. A completed Master Land Use Application. Representative authorization is required if application is not signed by owner. 2. A completed and signed State Environmental Policy Act(SEPA)checklist. P 9 cY ( ) 3. Comprehensive Plan/UDC Amendment application fee (as applicable), as set forth in the Jefferson County Fee Ordinance,as amended. 4. Any additional information deemed necessary by the Administrator to evaluate the proposed amendment. 5. Please prepare and label as"Exhibit A,"a vicinity map showing the following: a. The location of the area proposed to be redesignated; b. The land use designation of all property within five hundred(500)feet of the site;and c. The uses of all properties located within five hundred(500)feet of the site. 6. Please prepare and label as "Exhibit B," a description of the proposed Plan/UDC amendment and any associated development proposal(s), if applicable. Applications for project-related formal site-specific redesignations must include plans, and information or studies accurately depicting existing and proposed uses and improvements. Applications for such redesignations that do not specify proposed uses and potential impacts are assumed to have maximum impact to the environment and public facilities and services. 7. Please prepare and label as "Exhibit "C," a map that depicts existing conditions on the site and within the general vicinity [i.e., within a three hundred (300)-foot radius]. The exhibit must depict topography, wetlands and buffers, easements and their purpose, and means of access to the site. The intent of the exhibit is to clearly illustrate the physical opportunities and constraints of the site. 8. Please provide an explanation of why the amendment is being proposed.(Attach additional sheets, if necessary.) I of�A (4tr 40 #. 44c sit 'elC 'See JCC Chapter 18.45. SITE SPECIFIC APP.DOC REV.7/13/2006 Page 1 9. The current land use designation/zoning of the site is: R F " t °, 'R' fAA �'a f C s 4— I-- /...k 10. The proposed land use designation/zoning of the site is: A t' " 2.0) 'R"y, e Al Lar k 11. The current use of the site is: A of 1 (14.I -t^ (� c/ 12. The proposed use of the site is: A l C 1 f IA.( 1-1,^(< 13. If changes to Comprehensive Plan or UDC text are required, please prepare and label as "Exhibit D," proposed amendatory language(i.e.,to affected text of both the Comprehensive Plan and UDC)shown in"bill"format,with text to be added indicated with underlining (e.g., underlining), and text to be deleted indicated with strikeouts (e.g., stfikeeats). 14. Please prepare and label as "Exhibit E,' a thorough explanation of how the proposed redesignation/rezone and associated development proposals, if any,meet,conflict with,or relate to the following inquiries: a. Have the circumstances related to the proposed amendment and/or the area in which it is located substantially changed since the adoption of the Jefferson County Comprehensive Plan? b. Are the assumptions that form the basis for the Jefferson County Comprehensive Plan no longer valid, or has new information become available that was not considered during the process of adoption of the Jefferson County Comprehensive Plan or any subsequent amendment? c. How does the proposed amendment reflect current widely held values of the residents of Jefferson County? d. Does the proposal meet concurrency requirements for transportation? e. Does the proposal adversely affect adopted level of service standards for public facilities and services other than transportation (e.g., sheriff, fire and emergency medical services, parks, fire flow, and general governmental services)? f. Is the proposal consistent with the goals, policies and implementation strategies of the various elements of the Jefferson County Comprehensive Plan? g. Will the proposal result in probable significant adverse impacts to the county's transportation network,capital facilities, utilities,parks,and environmental features that cannot be mitigated? h. Will the proposal place uncompensated burdens upon existing or planned service capabilities? i. How is the subject parcel(s) physically suitable for the requested land use designation and the anticipated land use development including,but not limited to the following: (i) Access; (ii) Provision of utilities;and (iii) Compatibility with existing and planned surrounding land uses? j. Will the proposal, if adopted,create a pressure to change the land use designation of other properties?If the answer is yes, how would such change of land use designation on other properties be in the long-term best interests of the county as a whole? k. Does the proposed site-specific amendment materially affect the land use and population growth projections that are the bases of the Comprehensive Plan? I. If the Proposed redesignation/rezone is located within an unincorporated urban growth area (UGA), would = 0 FE fl n/7 oposal materially affect the adequacy or availability of urban facilities and services to the immediate lJ W Area and the overall UGA? I m. I th proposed amendment consistent with the Growth Management Act(Chapter 36.70A RCW), ,' , fi, .,r LC 1 the ountvwide Planning Policy for Jefferson County, and other applicable inter jurisdictional I , I!: ' pa' ' s or agreements, and any other local, state or federal laws? L' ■ , j IEFF_KNnCOli`TY nN''T OF COMMUNITY DEVELOPMENT SITE SPECIFIC APP.DOC REV.7/13/2006 Page 2 15. The applicant hereby certifies that the statements contained in this application are true and provide an accurate representation of the proposed amendment;and the applicant(s) hereby acknowledges that any approval issued on this application may be revoked if any such statement is found to be false. LICANT'S SIGNATURE DAT PROPERTY OWNER'S SIGNATURE DATE PROPERTY OWNER'S SIGNATURE DATE PROPERTY OWNER'S SIGNATURE DATE [NOTE: For all required signatures, representative authorization is required if application is not signed by the owner.] Vll Fry-f_ LI- I L 'L_1 JEFFEPS^° CO111fTY f T.OF COMMUNITY DEVELOPMENT SITE SPECIFIC APP.DOC REV.7/13/2006 Page 3 Crocker Lake Rd - o CO flrpT(1F COMMUNITY 1 U 0 j ♦♦ • ••••j• cGir ••�• °, • • , . 1 Zoning °i0 Agricultural Conservation Easement Boundary .L AL-20 Local Agriculture ' ►••••••••∎ Area subject to proposed change AP-20 Commercial Agriculture Boulton Farm CF-80 Commercial Forest �� County Parcels RF-40 Rural Forest Roads j RR-20 Rural Residential a=H� Boulton Farm I-0 37— 5 750 1,500 � 1 1 Fee: Zoning F-)1 tA t For informational purposes only.All / 7 data represented are from varying e` sources and approximate. Proposed Change Map created in February, 2013 N EXHIBIT "B" Description of the Proposed Amendment(s) The proposal is to relocate a portion of the zoning boundary between two resource land use designations and zoning districts that are presently applied to the iconic Boulton Farm. This 207-acre farm, which is located on the west side of U.S. Highway 101 approximately 4.5 miles south of Discovery Bay and 7 miles north of Quilcene, is zoned entirely for resourced based uses—both agricultural (AP-20) and forestry (RF-40). The proposal seeks merely to expand the area designated and zoned as Prime Agricultural Lands (AP-20) by approximately 11.80 acres, and reduce the area presently designated as Rural Forest land (RF-40) by a corresponding amount. If approved, the total amount of designated resource land within Jefferson County would remain unchanged. The proposed change would require an amendment to the Land Use/Zoning Map of the Jefferson County Comprehensive Plan to expand the AP-20 designation and zone to encompass approximately 11.80 acres of currently RF-40 land on APN 802141005. Please refer to the map(s) in Exhibit "A" for additional detail. No new development is associated with, or would be enabled by, the proposed change in designation and zoning. Historic agricultural uses of the subject area would be continued. Following execution and recording of a permanent conservation easement which is currently in process, the subject area would be protected in perpetuity for agricultural use. Un 11 ?nl3 J/ Crocker Lake Rd ��— "' ' (ry r5;', 1 , 0 g) L �r(( 4 � i` .. 3 \ i.,'„,'' .,:'...,..,- tLL <POG /f. O,) l X11 c?, l 4L 0, Boulton Farm Zoning ey AL-20 Local Agriculture 1 County Parcels ,i# AP-20 Commercial Agriculture Roads CF-80 Commercial Forest RF-40 Rural Forest IMRR-20 Rural Residential 0 375 750 1,500 Boulton Farm 'Feet Current Zon i n E/ ! t I I For informational purposes only.All 9 (l6.r-f- I } data represented are from varying V J sources and approximate. Map created in February, 2013 N ),, )(c-i r, ,__.-- 4_1 1 ( 1 f if ) /12. ,.._____ iy,),,,1J ), -,1 ) r(t/ _/,,-(-1*-of-\,;, ,ii, IN I, ,„ / i r ; , , 4 s ___/;/r., ,../ /,, , -, , Jr,i / -_----) , ,.-,, ,...,_, r, .. ,, i ( A ' •.,..._, \ ft)//), ■, 1' , ■ i t / t r-' 16,,i 1 . "--. , / ' -1 1( 1 P-------",—„-- ,-- . j ' 1 , i j ) 1 ' ) .\ ,---/.2, 1,)`1', \ --.'‘'''-''s .:‘,' '1.-‘.-,L (--''-',,, 1 r--- ' r___--1 ,---J 1--- ' I 1 ; / 1 \■ I . 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M\‘`Ntdilt PIN Acres Part , W k ' I '' s1 ,-----,--- s■\ \ _,j- •'-- , ., ....) i %0 t 1))\ ' \ ' ' (' 1 ( ( LI, '- ' -'' , ,--. i 802141005 45.9 A ,A,\2c. ,i CI t\\'t 1. .t, • ') ) ,, ,,,-„ ..., '•-•N,N 1 \\ \\\ \\\ \ I 11 1 ii,7 ,1 ,,3.',\‘‘..\--\*‘' .--\'' ‘‘s'N , ,-,-, •\ ',.. 802141006 1.3 B "\ . , \ Nisi•; ),,, 802141006 23.3 B . • \•,,\ <• -.,,‘,_.,,- -------11,--,\\\ \\,_,-,-/ / 9 I , , - , „, '\ ' ‘'‘,-), 1 1 ',, f N'N\\,''' ', '-- \ -\, 10/Al.4r,A.. ‘ \‘ I 802141005 0.8 C \ \ \\', \ -\'‘,t‘tx‘,‘,',,:4Y ...,1'y'..:.--•,...N, .\\ ...____,\,,--),,_.cyA i 1 ®, -----)_, \ \ \ \\ , \\*,;,,,,,,,', 1\ ‘,.__' •."-,s,;\\•-------,,,,,\,,,,:\\ i; , s \ CEB 802144003 13.7 D , N \ . \ \ \ c k ' - -.----'•-- \ '''s\\ \\‘''\ n 4.6Ac , ,s, >,.,....„,--- .,,.;,\ . s\s,,,,.....__Th .• --..., \ 's \\ \ ` '-'-------N\\,• \'',',s,• ' \,'',,,‘'''\\ ',. '`,‘", , , '`‘...*-':1"::::.----. ,\k,,, „:\ \,.\,,,,,,,,‹ v\'-----. 802144003 15.1 D \ N \\\ \\ ■ I f ,/"-- -\\\ '\,. ' ,, , , ' " , ---_•_:_-.- "":- \:- --,..„\N'',,',,,,\--__-"■:__..„,- __---::-.; 'L'i 802144009 0.3 E ,. ', . , ,i \ --- .---- ,■‘• \ 1 1 '' '' '' 'N\\.' ,\, 802141002 7.0 F ..") 1 .-.•,' — -----.•,,, .,--,,___, r' \ --'2.,..---,„---..-----'------.-_---=:::H„ -..,_------:----_-___. •.1-7 ------,-,,,,,- 802141002 214 F , t,,, \-, c ) i1\ ,‘ , 1 .7Ac .4L --- ) \ ‘ s ) 1 \_ --- ‘) ' i ` '••-_-_,-----?) it 's,V',-)/,/, ,-.,. i ,----Th \ [ ) ')1), ,.. ' \, II,yt,-; -•::,:•,.. ---, \ 0.,,z ,, . . . t, , E:. '..,_.", \ ( c c , / „---. ...-„,_ cg , c `\ ----, /1 -- .. \ i il, ,-, N_----,----.--_:_ _ _ , \ ? 1 ( \( ‘ - ‘, ‘ 802133003 1.1 H 1. } ,\ ! .11,1\\i\ _,--0\\ L\ L)) ,t,i, \,\,\ ,...,- \ , , t ,1\ \ ■ / \\ f ( A.a ----/ 802231003 3.8 I . \ \I 802242001 6.4 ...._---- _,- -„, ,.________ _ 6, '-, \.-0. 11 , , c- -. , r i. \ I), I; ' ——,,, \, i''------\-, "—_ \-`-:s"----------.,-, .''''' ,■',''`-'\. .`,`.-.'. Land Type Map- Boulton Parcels N Sec 14,13, 23, 24 T28N, R2W., WM. 375 187 5 0 375 Feet a Jefferson County Conservation Di stricT ■.... L........._.,---L-L.......- 1 (1)e.i-r-f- Z.-) , lohi, , . < (..„..., ff.. en .--, 0 ,--, m cs1 0 & 31 ; ii flz L. CNI ec") bl) as o • 111 8 : glo ..,--'------d 0 411111111111.% = W i 8 $3. 0? g 8 grillftowill‘ 4 Hi ei. T c1 4-1 = 0 ri= i H ;$$ $.) = 0 0 $/$ I 22 a) , § . a . ? 19 .,.• - - C...) c3 rz- a, g . m .E. o,a.. ,,:, o f >, t, i r4 v E i n - ,,, ct CD c ca o C/) C"--, - , m § § i t 7 .'. ._ ........, i. 2 $... cg) 7.- 2 co 3 al E cf$ i t 1 0 cn i i = = g ET. n o 1 I , -- 1 , o .72 4E• i 8 Q cn --___ (g) 4 = = g 15 mi 3 1 g _, 0 g 7 t 0 w CA $..1 V iii 2 4-1 g I PE g CA Z w II 0€ -I 1 '5 - n MAR 4 2^1: t9- I E , '5 4:////40F111_11.(i A 0 0 -....1 , 0 ; .' ' 1 zi'L 8 --.. $ =e 0. 4 c,a, sa. E\A H ( 1 IT C 8. Please provide an explanation of why the amendment is being proposed. (Attach additional sheets, if necessary.) The land use designation and zoning map amendment is proposed in order to better align the land use and zoning boundary with the historic use pattern of the Boulton Farm, and to ensure its continued agricultural use by future owners subject to the terms and conditions of a conservation easement. The proposed expansion of the AP-20 zone better reflects the actual agricultural(rather than forestry) activities and uses that have occurred within the subject area since at least the mid-1940s. Additionally, the amendment is being sought to ensure consistency between the land use/zoning boundary and the area proposed for inclusion within a conservation easement that is presently being negotiated between John G. Boulton and Jefferson Land Trust(JLT). Mr. Boulton (land owner/grantor)is proposing to grant a permanent agricultural conservation easement to JLT (grantee/easement holder). The conservation easement, purchase of which is being funded by the National Resource Conservation Service (NRCS)of the USDA, is intended to preserve the agricultural soils on-site to the greatest extent feasible. Once executed, this conservation easement would serve as an additional and perpetual protection of the agricultural character of the property,forever prohibiting fragmentation of the agricultural land and activities and uses inconsistent with the preservation of the agricultural soils. A draft of the easement is currently under review by the funding agency(NRCS), with approval and formal execution anticipated sometime during the early summer of 2013. The conservation easement will contain an absolute and strict limit on total impervious surfaces within the easement area (not to exceed 2%), with impervious surfaces located within defined building envelopes surrounding the existing residences and other structures on the farm. In sum, the proposed amendment to the land use designation/zoning boundary between the RF-40 and AP-20 zones will help to keep the Boulton Farm intact and available for agricultural use into the future. [--- -1/ E r \-- fp:, �va ; 2013 \ LZ -' JEFFERSON COUNTY DEFT.OF COMINIUNIVC UCTI OPMENT EXHIBIT "D" Proposed Changes to Comprehensive Plan or UDC Text No Plan text amendments are necessary or proposed. Only a map amendment is required. Accordingly, it is proposed that the trapezoidal portion of APN 802141005 depicted in Exhibit "A", which consists of approximately 11.80 acres currently designated and zoned as Rural Forest Land (RF-40), be redesignated and rezoned as Prime Agricultural Land (AP-20), consistent with historic agricultural use of the subject land, and consistent also with the current designation and zoning applied to the APN 802141006 and APN 802144003 which lie immediately adjacent and to the east of the subject area. T 2013 i I li j JEFFERSON COUNTY 4 D, ,s14 - 4404_,,7 or• lc ...A.,..1.-, -, , ,, / 1 i . 412.1AC . ::,,, 41;4 4..,„... . 0 0 , ,r, ., ■ - . ■ / . I 1 , I ,t 11.4Ac,..4„44.,1„, , I 1 ,t , 1 I • 4 , i , , it4 i 4- t A .1,„.1;0 . ....,,,, -,; itt.,tr:,- -,p,', B • 1-1=,l'' \ \ , - . ,.. = 15.8Ac C3 C) 1 " ,.: -----\ I , 3.5Ac _---- _ - 417/7 i ---------7--------------- 101Ac - v tot V ,., , / - I ,, 18.7Ac ,\\‘‘\lio;4;*: 1*,* / / ., IZI) CBt / A ''?:'' .' '• ,:. -- CLD BF ttiKn3 g' PIN Acres Part 802141005 45.9 A . 802141006 1.3 B . 11* . 802141006 23.3 B 802141005 0.8 C 4tIM3 - Vi, 7 ... 802141005 22.8 C . L ,,. :s. s., L - 802144003 13.7 D CEB 4.6Ac , . 802144003 15.1 D . -. \ 802144009 0.3 E . . , ....... _ -.4-__ 802141002 7.0 F 1.8Ac 1 %, 802141002 23.4 F , 0 4.7Ac 802144009 40.1 G , 802133003 1.1 H 3 an3 802231003 3.8 I 802242001 6.4 J 1 Land Type Map- Boulton Parcels N Sec 14,13, 23, 24 T28N, R2W., W.M. aJefferson MIC=.1.=.111111111 County Conservation District 375 187 5 0 375 It ‘.41■ ■ [7-- 1 i I I 1C3 "9"■ --....-'' C I 1 ___ ■c c" iTir 7 C3 1- 7- I'' 2, - -`. CJ..) 1 AIL k. Crocker` Lake Rd . . �b ,<., 1 I 1 1 y t��' 1 Gil, 07 -2o, • 1 , .._ +m.n.+.v.n a.-..nw wvx.e"- .+i:«m�mnn,.u..-9..„.:... ,:. a d Zoning \I-0-z, Agricultural Conservation Easement Boundary .. T I - L AL-20 Local Agriculture •` (< Area proposed to change \ \ AP-20 Commercial Agriculture Boulton Farm ® !- CF-80 Commercial Forest ` County Parcels \ RF-40 Rural Forest Roads RR-20 Rural Residential Boulton Farm �0 37- 5 750 1,500 � 1 Feet Zoning For informational purposes only.All data represented are from varying Proposed Change Result Map c eaed in February,, Map created in February, 2013 N 1pr ... . , .. .... , . . .... ...„ „. ,..... 1 I Crocker Lake Rd ., , °� 1 4 _a., , ,.. , , „:_" ,, , 0 . , , : . . - ', ''''."- ,.... ..,..• . , .. , , , ....... ..,„, ., ,,, . .. , . ., ,\. , ..„, „ ,• : :, - , 'p,_,:. .,„ „,„. .,,,„.. ..... ,-, „.,,,,,.,, . , r , . .4., \s , 0 ,, , , : ,, _ oTp BoultonCE_Boundaries_Nov2012 S Additional Boulton Forestland(not part of CE) �� /d ,a Approximate Building Envelope 1 d/ (� Approximate Building Envelope 2 \\ Approximate Building Envelope 3 -,"_° Streams 7 Roads County Parcels (re*, 0 375 750 1,500 Boulton Farm, Proposed Fee 2011 Aerial Image(NAIP) Conservation Easement For informational purposes only All data represented are from varyi.ng / fl�lA. L) sources and approximate. � T RI Boundaries Map created in Novemberl, 2012 N 1 lIL � 1r Boulton Farm Conservation Easement,Survey a located in Sections 13, 14, 23 &Sc 24, Township 28 North, Range 21 Went, W.M., Jefferson County, Washington j i j JEFFE .a COij. TY DEPT.OF COMiv UNITY DEVELOPMENT NORTH OuARIER CORNER SIC7/0N 14 111,R OF 07/21/72 POND 1972 3-NO!NR �tm•�� N 319202 BRASS GP N C0111:WE 2021 21/30 WIN 34� PR III APPRON60E 214P96 152661 11 12 NOIIINE15T CORNER 56.704 14 SWIM SEE�2,1� 11 13 01/07/13,111 CO w72 J111ON OlA 11 0125 71 N 1240002 MJN APPROPRIATE STAil M g g 0 `�PARCEL A f AOU.mN,ssw PARCEL A 1R 193 Q Pe 500'5'17'5 778087 B •-25357,.4 -.257 101 ��O��^ y R-78606 80/'75'13'8 7 L-7645 II➢8.77 S ti +_:L� ter. S57'4235T 755525 i 6 g„ MILTON 2331 01514 _ 0 0OI7JOI 13010 5204]'5971 571.65 Y PARCEL C A-22/506' SSg L=�� /f PARCEL C 0717066 DRNOPE 1 2 /I YQ.4 OF SEE SHEET ���� d VOL 24 12' F 1 •-JYSI'.52 176 t4OF Pc III mom or SEC101 74 , ' R-40000 RRiE1R. EASE 0117117EIP 5217204 SWOON 74 LOWS PER VOL 78 OF 1: 46213'41 1522375 L-2/Ra/ f°C to9 COPS i;P4N44 1/7-5Of/ERIK moan 4977EY5 PO 73 •- 761,:. /�� 7�73'4/ti 1S�57S 2I FSWPI 'OPR as t.ALSO PER D `,; - . 13 OF SUI4EY5.PG 111..Alm EQID / IRON PIPE MTh aN PEI.to.1 OF ,.�,. MUM 1 t Nn Mf SEAMS Pa 92 4202.152?N FEET ':� SEE 4ELT J R-2MORO �; 1 87454 ,q s OF z a. 'a'�������__�����__�����4`ao aon g I) 00,3 VOL II OF SCALE IN FEET O S PARCEL ////////���1ic. \,°{...,.. s• INO:3 , O ,., ...,..t.' tNNW 101 CIO H7d57 t 6Outom Rae $$ • 037 0.4YE,727349 �� a. ""° \,� �7/737E VIV 504707381 1467- ,\ V.VOL 1Q' g smarm t. PO 1411 s PARCEL E 7.. ,f y' t Mr 101 A-720041' R-261010 L-77547 REST SNIEDDA CORNER SECINI.1 74 SONIP.301 CORNER=n0/74 01/31/1.3 1 76 1160 CZ 3-12Y.'11 01147/1;70176 1972 J-NON DAR MISS CAP NMI APPROPRIATE STARRC 61bLSS dP N 001R7El7 R1M 9004 MINIM COWER MOWN 74 PER 1052 I 1F MAIM PO 31 'AIL R OF APPROPRR/E STA1F56 11O/S OF A CZ 3-1801 MISS CAP RIN 1451.92 MNOPR.lE STA MM PER IOC R 0r 745392 P6 31 8019104 PO 87 N6677'45TP 1 14 13 —'---..5 3 34'4a'1E 290384 23 s2r27.4e0 196L5✓.". PARCEL F VOL it OF 8004.E15. 5044546"5 107.44�� PC 47 58218355 196.74 VOL It OF LEGEND PARCEL 0 rPS 56/0'46'C 316114 PO 21 CONEERVADON EMM RT 1317uN11RT 9802830 415'410101090940 580.40161.Mt, m1EnNE PARCEL A Roca 054041207 PER au.n.4a �N041Y3T5 gum A OF PRST AMERICAN 1171£5240437 521897902 NO.52392 Mini .4951%'ffi 2011 I w%V 1 Shoe 1 of 4\ MRN 401074.4401074.459999 A SURVEY IN SECTIONS 13,14,23&24,TOWNSHIP 28 NORTl 1,RANGE 2 WEST,W.M.,J EFFERSON COUNTY, j OI 457' . 540 Ir..2 tk Street,Port A7geks,52.023362 W:15HINGTON 0 105450 Land Surveying 360.385.2506 or 360.4520237,360.432.0238 fax O Off, www.joknstonlandsulvcyinga7m 241E 0/114073 21.0 0€1134'S 874780 AIE SCAM 7•-400' 1itI0AQ14S 0072729647E 795 NAP COAREC77 R9�NS A 9ARE.7 RADE 740 4E or 14�A 44011RS�1 _ M1 7910 70R RECORD 1195_DAY 04 .7073 AT ORNN ay law N CONi2ANMCf RAN AE N@717RBEN6 OF AE 4AISY'ROABN6 Ter AT loo `!`41 N N SOCK OF 22001s AT PAGE Molar OF.EnElsor7 140 AMT N AWARE 7011 �,P4, 611714 S AT M AEOCEST O'JOHNSTON 1040 29304NYF PLAT OEO@O 0e 1805 rttT 141 917 71(25-27 SNEET 7 Cr 4 ROO.224*703 775 37531 .ESTERSQIr mRl7r 8001305 wlOm►S FAX ARAIRIR J �1 j� r � I1 t WAC 197-11-960 Environmental checklist. ENVIRONMENTAL CHECKLIST Purpose of checklist: Err FT Y I DEPT.OF COMM iNITY V''OPMF[T The State Environmental Policy Act(SEPA),chapter 4121C RCW,requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal(and to reduce or avoid impacts from the proposal,if it can be done)and to help the agency decide whether an EIS is required. Instructions for applicants: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly,with the most precise information known,or give the best description you can. You must answer each question accurately and carefully,to the best of your knowledge. In most cases,you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply." Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems,the governmental agencies can assist you. The checklist questions apply to all parts of your proposal,even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact Use of checklist for nonproject proposals: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION,complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS(part D). For nonproject actions, the references in the checklist to the words "project," "applicant," and "property or site" should be read as"proposal,""proposer,"and"affected geographic area,"respectively. A. BACKGROUND 1. Name of proposed project,if applicable: 2. Name of applicant:JOHN G. BOULTON(herein "Applicant") 3. Address and phone number of Applicant and contact person: 3590 East Quilcene Road,Quilcene WA 98376 Telephone:(360)301-3015 4. Date checklist prepared: 5. Agency requesting checklist:Jefferson County Department of Community Development 6. Proposed timing or schedule(including phasing,if applicable): There is no development or change in existing land uses associated with this non-project proposal. 7. Do you have any plans for future additions,expansion, or further activity related to or connected with this proposal? If yes,explain. Other than normal agricultural activity in accordance with the terms and conditions of the Conservation Easement,Applicant has no plans for any site activity related to or connected with this non-project proposal at this time. 8. List any environmental information you know about that has been prepared,or will be prepared, directly related to this proposal. This is a non-project proposal. No environmental information has been prepared, or will be prepared, directly related to this proposal to relocate a zoning boundary to conform existing and historic land uses to the underlying zoning. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes,explain. There are no applications pending for any governmental approvals of other proposals directly affecting the proposal area. 10. List any government approvals or permits that will be needed for your proposal,if known. The only known governmental approval or permit needed is the approval of the proposed comprehensive plan amendment following: (a) Planning Commission review and consideration at a properly noticed public hearing, followed by formulation of a recommendation for the Board of County Commissioners (the "BoCC"); and BoCC approval of the proposed Code and map amendments at a regularly scheduled public meeting, all in a manner consistent with Chapter 18.45 of the Jefferson County Code(the"Code"). 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) Proposed is a relocation of the zone boundary between the Rural Forest(RF 1:40)zone and the Prime Agricultural Land (AP 1:20)zone within one existing tax parcel in order to advance the protection of all of Applicant's agricultural land under the terms and conditions of an agricultural conservation easement granted by Applicant to Jefferson Land Trust, a Washington nonprofit nature conservancy organization (the "Conservation Easement"). The proposal is to remove approximately 11.8 acres of land historically used for agriculture from the Forest Resource zone and add all of that acreage to the Prime Agricultural Land zone. This will conform the zoning to historic land uses dating back at least to the 1940s era. The approval of this proposal will also conform the zoning to the boundaries of the agricultural land that is subject to the Conservation Easement 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known_ If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency,you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The proposal area is located at 780 Boulton Road,North of Quilcene and Westerly of Highway 101, within tax parcel 802-141-005,in the Southwest quarter of the Northeast quarter an of the Northwest quarter of the Southeast quarter of Section 14, Township ry s W.M. p d =� Jr TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY B. ENVIRONMENTAL ELEMENTS 1. Earth a General description of the site(circle or highlight one): ir..,,, rolling,hilly,steep slopes,mountainous, other b. What is the steepest slope on the site(approximate percent slope)? The site that is the subject of this proposal is approximately 11.8 acres in area and has no steep slopes. c. What general types of soils are found on the site(for example,clay,sand,gravel,peat, muck)? If you know the classification of agricultural soils,specify them and note any prime farmland. Within the 11.8 acre site, the soils are generally classified as Belfast silt loam, wet variant (Bk) and Belfast fine sandy loam (Bf), with indication of some Wapato sandy loam (Wa)in the Prime Agricultural Land zone and some Cathcart gravelly silt loam in the adjacent Rural Forest zone. The agricultural soils would generally be classified as sandy clay loam. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. There are indications that the channel(s) of Andrews Creek at some time in the past had an associated alluvial fan. This is based on the depositions of gravel and sand found in the vicinity of the current deeply incised channel for the creek. No other known surface indications of unstable soils in the immediate vicinity. e. Describe the purpose,type,and approximate quantifies of any filling or grading proposed. Indicate source of fill. There is no filling or grading associated with this non-project proposal. f. Could erosion occur as a result of clearing,construction,or use? If so,generally describe. There is no clearing or construction associated with this non-project proposal. g.About what percent of the site will be covered with impervious surfaces after project construction(for example,asphalt or buildings)? There is no construction associated with this non-project proposal. No impervious surfaces will be added as a result of the approval of the proposal. The Conservation Easement permanently limits impervious surfaces to no more than two percent(Z% of total land area subject to the easement.. ��.` (t ( _' i u 3 i t G 11,k1 lip �D 7���T_�__ h. Proposed measures to reduce or control erosion,or other impacts to the earth,if any: There are no known highly erodible soils and there will be no activities associated with this non-project proposal that would result in any erosion or other impacts to the earth. a. Air a. What types of emissions to the air would result from the proposal(i.e.,dust,automobile, odors,industrial wood smoke)during construction and when the project is completed? If any,generally describe and give approximate quantities if known. No emissions to the air will result from the approval of this non-project proposal. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. No. c. Proposed measures to reduce or control emissions or other impacts to air,if any: Does not apply to this non-project proposal. 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site(including year-round and seasonal streams,saltwater,lakes,ponds,wetlands)? If yes,describe type and provide names. If appropriate,state what stream or river it flows into. Andrews Creek flows through the 11.8 acre site and there are two tributaries to Andrews Creek in the immediate vicinity of the site. Andrews Creek flows into Crocker Lake and,from there,into Discovery Bay. 2)Will the project require any work over,in,or adjacent to(within 200 feet)the described •zratcrc? tire,nlnacp Acccrihp and attach available mane No. 3)Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. `Does not apply; approval of this non-project proposal will not result in any filling or dredging. 4)Will the proposal require surface water withdrawals or diversions? Give general description,purpose,and approximate quantities if known. Does not apply; approval of this non-project proposal will not require any surface water withdrawals or diversions 5)Does the proposal lie within a 100-year floodplain? If so,note location on the site plan. The FEMA FIRMS mapping available from Jefferson County indicates a floodplain associated with Andrews Creek. There is no floodplain within the 11.8 acre site that is the subject of this non-project proposal. _ 1-cf.4 n �� r {1 6)Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. ii 4 No;this non-project proposal does not involve any discharges of waste materials. b. Ground: 1) Will ground water be withdrawn,or will water be discharged to ground water? Give general description,purpose,and appro ximate quantities if known. No. 2)Describe waste material that will be discharged into the ground from septic tanks or other sources,if any(for example: Domestic sewage;industrial,containing the following chemicals. . . ;agricultural;etc.). Describe the general size of the system,the number of such systems,the number of houses to be served(if applicable),or the number of animals or humans the system(s)are expected to serve. Does not apply;the approval of this proposal will not result in any change in land uses or agricultural practices. c. Water runoff(including stormwater): 1) Describe th e source of runoff(including storm water)and method of collection and disposal,if any(include quantities,if known). Where will this water flow? Will this water flow into other waters? If so,descnbe. Within the 11.8 acre site, stormwater runoff' associated with the existing single family residence is controlled in accordance with applicable Jefferson County ordinances and permitting for its recent construction. No additional stormwater or other runoff will result from the approval of this non-project proposal. 2)Could waste materials enter ground or surface waters? If so,generally describe. Does not apply;no waste materials will result from the approval of this proposal. d. Proposed measures to reduce or control surface,ground,and runoff water impacts,if any: Does not apply; no known impacts of this nature will result from approval of this proposal. 4. Plants a. Check or circle(or highli ht) of ve etatton found on the site: deciduous tree: other , evergreen tree: �, 4 .pine,other. Shrubs:blackberry;salal;Oregon grape;huckleberry grass Pasture " P grain: rte py wet soil p ..}.. T .. . other:wild carrot water plants: water lily, }fi P y, grass,milfoil,other > � 1 other types of vegetation �,, try b. What kind and amount of vegetation will be removed or altered? Does not apply;no vegetation will be disturbed as a result of the approval of this,non-project proposal. i / Jri 5 comf AJI ITY D:V !nP IF, c. List threatened or endangered species known to be on or near the site. There are no threatened or endangered plant species known to be on or near the site. d. Proposed landscaping,use of native plants,or other measures to preserve or enhance vegetation on the site,if any: Does not apply to this non-project proposal. 5. Animals a. Circle(or highlight)any birds and animals which have been observed on or near the site or are known to be on or near the site: birds: g othe mammals bear,elk, `s",other: fish: bass, herring,shellfish,other: b. List any threatened or endangered species known to be on or near the site. There are no known threatened or endangered animal species known to be on or near the site. c. Is the site part of a migration route? if so,explain. As is the case with nearly all of Western Washington, the site lies within the Pacific Flyway, a documented migration route. However, this non-project proposal, if approved,would not have any impact on migratory species. d. Proposed measures to preserve or enhance wildlife,if any: This proposal to relocate a zoning boundary will not have any impact on wildlife. The Conservation Easement prohibits the disturbance of nesting or breeding activities of wildlife and generally contains environmental protections to preserve and enhance wildlife habitat within the Prime Agricultural Land zone. 6. Energy and natural resources a. What kinds of energy(electric,natural gas,oil,wood stove,solar)will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing,etc. Does not apply;energy needs will not change as a result of the approval of this non-project proposal. b. Would your project affect the potential use of solar energy by adjacent properties? E r (;�' (j W/ r If so,generally describe. r 3 I No The Conservation Easement allows solar and other alternative energy infrastructure within designated Building Envelope& f I L 6 • 'T QF l� �;d.ii�fh 91VEL nor,J�EIvT c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts,if any: Does not apply;the approval of this proposal will neither increase nor reduce energy needs. 7. Environmental health a. Are there any environmental health hazards,including exposure to toxic chemicals,risk of fire and explosion,spill,or hazardous waste,that could occur as a result of this proposal? If so,describe. No;this is a non-project proposal. 1)Describe special emergency services that might be required. No special emergency services will be required as a result of the approval of this non- project proposal. The Conservation Easement precludes any further development of the agricultural land,as described in the Conservation Easement,thereby lessening the likelihood that such special services would be required in the future. 2)Proposed measures to reduce or control environmental health hazards,if any: Environmental health hazards will not be affected by the approval of this proposal. b. Noise 1)What types of noise exist in the area which may affect your project(for example: traffic,equipment,operation,other)? Does not apply. 2)What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis(for example: traffic,construction,operation,other)?Indi- cate what hours noise would come from the site. No additional noise of any type on a short or long-term basis will be created by or associated with the approval of this proposal 3)Proposed measures to reduce or control noise impacts,if any: Does not apply. 8. Land and shoreline use a. What is the current use of the site and adjacent properties? The proposal area has historically and is currently used for agriculture and forestry, in accordance with the existing zoning. Adjacent properties are currently used for commercial forestry with some low-density single-family residential uses. b. Has the site been used for agriculture? If so,describe. �1 Yes,the land has historically been used for agriculture dating back to at t,'the 1940s. II JEwL L c. Describe any structures on the site. There is one single-family residence on the 11.8 acre site, currently located within the Forest Resource(RF 40)zone. The proposal would relocate the land use zone boundary to include the single-family residence in the Prime Agricultural Land(AG 20)zone. d. Will any structures be demolished? If so,what? No. e. What is the current zoning classification of the site? The 11.8 acre site that is the subject of this proposal is currently within the Rural Forest (RF-40) zone. The proposal is to relocate the zoning classification boundary so the site will become part of the Prime Agricultural Land(AP 1:20)zone. f. What is the current comprehensive plan designation of the site? The current comprehensive plan designation of the 11.8 acre site is resource land/Rural Forest(RF-40). g. If applicable,what is the current shoreline master program designation of the site? Does not apply. h. Has any part of the site been classified as an"environmentally sensitive"area? If so, specify. No. i. Approximately how many people would reside or work in the completed project? Does not apply to this non-project proposal. j. Approximately how many people would the completed project displace? No people will be displaced by this non-project proposal. k. Proposed measures to avoid or reduce displacement impacts,if any: Does not apply. 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans,if any: The Conservation Easement assures that the agricultural soils will be permanently preserved and available for future agricultural uses,consistent with the resource land designation under the comprehensive plan. 9. Housing a. Approximately how many units would be provided,if any? Indicate whether high,mid- dle,or low-income housing. This is a non-project proposal,no additional housing units would be provided. L 8 ryiy r_DT OF C ,t'", \7 tOPMENT ... b. Approximately how many units,if any,would be eliminated?Indicate whether high, middle,or low-income housing. No housing units would be eliminated. c. Proposed measures to reduce or control housing impacts,if any: Does not apply. 10. Aesthetics a. What is the tallest height of any proposed structure(s),not including antennas;what is the principal exterior building material(s)proposed? Does not apply; no structures are proposed. b. What views in the immediate vicinity would be altered or obstructed? Does not apply; no views in the immediate vicinity would be altered or obstructed by this non-project proposal. c. Proposed measures to reduce or control aesthetic impacts,if any: Does not apply; no impacts to aesthetic values from this non-project proposal. 11. Light and glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Does not apply to this non-project proposal. b. Could light or glare from the finished project be a safety hazard or interfere with views? Does not apply to this non-project proposal. c. What existing off-site sources of light or glare may affect your proposal? Does not apply. d. Proposed measures to reduce or control light and glare impacts,if any: Does not apply to this non-project proposal. 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? The nearest designated recreational sites are Lake Leland and Crocker Lake; neither of these sites is accessed either directly or indirectly via the site. b. Would the proposed project displace any existing recreational uses? If so,describe. No 9 JEt-?EFS,ON COUIT1 Pr-7-1 O CO iMUNI1N DE�IEIOPMENT c. Proposed measures to reduce or control impacts on recreation,including recreation op- portunities to be provided by the project or Applicant,if any: Does not apply to this non-project proposal. 13. Historic and cultural preservation a. Are there any places or objects listed on,or proposed for,national,state,or local preser- vation registers known to be on or next to the site? If so,generally describe. None known to Applicant. b. Generally describe any landmarks or evidence of historic,archaeological,scientific,or cultural importance known to be on or next to the site. None known to Applicant. c. Proposed measures to reduce or control impacts,if any: Does not apply. 14. Transportation a. Identify public streets and highways serving the site,and describe proposed access to the existing street system. Show on site plans,if any. The 11.8 acre site is accessed via Boulton Road, a Jefferson County road, and by US Highway 101. Access will not be affected by approval of this non-project proposal. o. Is site currently serves by public transit! It not,what is the approximate disiaiice to the nearest transit stop? The site is not currently served by public transit. c. How many parking spaces would the completed project have? How many would the project eliminate? Does not apply to this non-project proposal. d. Will the proposal require any new roads or streets,or improvements to existing roads or streets,not including driveways? If so,generally describe(indicate whether public or private). Approval of this non-project proposal will not require any new roads or streets. Will the project use(or occur in the immediate vicinity of)water,rail,or air transporta- tion? If so,generally describe. Does not apply to this non-project proposal. f. How many vehicular trips per day would be generated by the completed project?If known,indicate when peak volumes would occur. No additional vehicular trips will result from the approval of this non-pre, ct _ proposal. /.� I`-'' �; l i 10 I' n7,7 OF CJ 4 1"n,E141 OPMFN'T g. Proposed measures to reduce or control transportation impacts,if any: Does not apply. 15. Public services a. Would the project result in an increased need for public services(for example:fire pro- tection,police protection,health care,schools,other)? If so,generally describe. No. The Conservation Easement extinguishes development rights, so there should be no increased need for public services in the future. b. Proposed measures to reduce or control direct impacts on public services,if any. Does not apply to this non-project proposal. 16. Utilities a Circle(or highlight)utilities currently available at the site *Weft natural gas,water,refuse serv- ice, lii*li+ ,sanitary sewer ,other. b. Describe the utilities that are proposed for the project,the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Does not apply to this non-project proposal. [SIGNATURE PAGE FOLLOWS] IJ II JEf r EZ`,:'; TV 11 n'-PT.Or CO, I UNITY Dr 'U!OPMINT C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature- l" Date S . Ited: Plarch 4 , 21)13 F 7171 1 `0 - \ IT ni:ortnD1,FT;1- ' - - 12 TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (do not use this sheet for project actions) Because these questions are very general,it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions,be aware of the extent the proposal,or the types of activities likely to result from the proposal,would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented Respond briefly and in general 1. How would the proposal be likely to increase discharge to water;emissions to air;pro- duction,storage,or release of toxic or hazardous substances;or production of noise? This proposal will not increase discharge to water,emissions to air, or the production of noise. The Conservation Easement prohibits the production,storage,or release of toxic or hazardous substances. Proposed measures to avoid or reduce such increases are: Does not apply. 2. How would the proposal be likely to affect plants,animals,fish,or marine life? The non-project proposal will not have any adverse impacts on plants, animals, or wildlife. The Conservation Easement extinguishes development rights and enhances environmental protection for the agricultural land. Proposed measures to protect or conserve plants,animals,fish,or marine life arc: Does not apply. 3. How would the proposal be likely to deplete energy or natural resources? This is a non-project proposal and its approval will not deplete energy or natural resources. Proposed measures to protect or conserve energy and natural resources are: 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated(or eligible or under study)for governmental protection;such as parks, wilderness,wild and scenic rivers,threatened or endangered species habitat,historic or cultural sites,wetlands,floodplains,or prime farmlands? This non-project proposal would not use and would not be likely to affect any environmentally sensitive areas designated, eligible, or under study for governmental protection Proposed measures to protect such resources or to avoid or reduce impacts 11 Does not apply �: .__ , 11 13 5. How would the proposal be likely to affect land and shoreline use,including whether it would allow or encourage land or shoreline uses incompatible with existing plans? This non-project proposal is unlikely to affect land uses (there is no shoreline). The Conservation Easement prohibits land uses incompatible with the preservation of agricultural soils. Proposed measures to avoid or reduce shoreline and land use impacts are: The approval of this non-project proposal will not result in any impact to historic land uses and the Conservation Easement will permanently protect the agricultural soils. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? This non-project proposal will have no impact on transportation,public services,or utilities. Proposed measures to reduce or respond to such demand(s)are: Does not apply to this non-project proposal. 7. Identify,if possible,whether the proposal may conflict with local,state,or federal laws or requirements for the protection of the environment. Approval of this non-project proposal will not result in any conflict with local, state, or federal laws or requirements for the protection of the environment. n1G7f 11 • CASE SUMMARY FOR ZON13-00010 Printed June 11, 2014 Applicant: JOHN G BOULTON Status: F 3590 E QUILCENE RD QUILCENE WA 983769598 Project Description: COMP PLAN AMENDMENT Per Ord 01-1104-13, MLA13-00045 [John Boulton; Doug Mason, agent], located at 780 Boulton Rd, Quilcene, WA 98376, approximately 0.7 miles south west of the northern Boulton Rd/US 101 intersection and 0.4 miles northwest of the southern Boulton Rd/US 101 intersection, an approximately 12.7 acres portion of a parcel identified as APN 802-141-005 that portion being consistent with the portion depicted on the corresponding map in "Attachment A" shall be designated as Prime Agricultural 1:20 (AP 1:20). Parcel Number: 802141005 S-T-R: 14-28N-02W Site 780 BOULTON RD Address: QUILCENE WA, 98376 ACTIVITIES: Description Activity Notes Sianed Off Case Entered 3/4/2013 App Substantially Complete-U 3/4/2013 Env. Sensitive Area Review-U 9/4/2013 Consistency Review-U 9/4/2013 DCD Review Time 10/3/2013 Approve Permit-UF Per Ord 01-1104-13, MLA13-00045 [John Boulton; Doug Mason, 11/4/2013 agent], located at 780 Boulton Rd, Quilcene, WA 98376, approximately 0.7 miles south west of the northern Boulton Rd/US 101 intersection and 0.4 miles northwest of the southern Boulton Rd/US 101 intersection, an approximately 12.7 acres portion of a parcel identified as APN 802-141-005 that portion being consistent with the portion depicted on the corresponding map in "Attachment A" shall be designated as Prime Agricultural 1:20 (AP 1:20). Close Case: Project Complete No appeals received. 1/6/2014 SLH 1/6/2014 CONDITIONS: No conditions found for this case. CASE NOTES: No notes found for this case. PARCEL TAGS: Title Notes Updated 1.) WSRC Coaching - 2013-02-01 5/30/13 Other ASSOCIATED CASES: Cases in Proiect# Cases for Parcel#802141005 Cases with Master# MLA13-00045 and Review Type ZON13-00010 BLD00-00730 ZON13-00010 V ZON13-00010 BLD10-00376 FPA2605509 PRJ 10-00283 RAP03-00174 SEP10-00112 SOM10-00112 ZON13-00010 \\tidemark\data\forms\F_MLT_Case_Summary.rpt June 11,2014 II Case Review Time Tracking: DCD Review from 10/1/2012 to 10/30/2013 for ZON13-00010. (Hourly Rate = $76.00) ZON13-00010 BOULTON 10/03/2013 15 Review 2013-10-03 Talked to representative, sent email regarding BOCC Stacie Hoskins consideration on Mon 10/7. SLH 10/30/2013 45 Review 2013-10-07 2013 CPA recommendation to BOCC SLH Stacie Hoskins 10/30/2013 60 Review 2013-09-24 Coordinated PC signature, prepped docs SLH Stacie Hoskins 10/30/2013 60 Review 2013-10-28 Finish adopting ordinance and route to CH SLH Stacie Hoskins 10/30/2013 45 Review 2013-10-25 2013 CPA-Agenda Request SLH Stacie Hoskins 10/30/2013 75 Review 2013-10-23 Draft adopting ordinance and agenda request SLH Stacie Hoskins 10/30/2013 .30 Review 2013-10-21 Draft 2013 CPA ordinance SLH Stacie Hoskins 10/30/2013 45 Review 2013-10-18 Prep 2013 CPA ordinance SLH Stacie Hoskins 375 minutes (6.25 hours) $475.00 Total 375 minutes (6.25 hours) $475.00 1 10/30/201: \\tidemark\data\forms\r DCD Stacie Hoskins From: Stacie Hoskins Sent: Tuesday, October 29, 2013 4:26 PM To: seahorse @olympus.net; Bill Subject: FW: 11/4/2013 Consent Agenda Request-2013 CPA ordinance Attachments: 2013CPA AdoptingOrd_Full.pdf;2013CPA_BOCC AR AdoptOrd.docx Hi, Doug& Bill, Attached is the 2013 CPA adopting ordinance that the Board will consider Monday. I expect it to be on the consent agenda, so no need to attend unless you really want to. I'll keep you posted! s qadead Planning Manager,Jefferson County Department of Community Development 621 Sheridan Street * Port Townsend,WA 98368 Phone 360-379-4463 * Fax 360-379-4451 shoski ns p co.jefferson.wa.us Jefferson County DCD Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. All e-mail sent to this address will be received by the Jefferson County e-mail system and may be subject to Public Disclosure under Chapter 42.56 RCW SAVE PAPER - Please do not print this e-mail unless absolutely necessary 1 Stacie Hoskins From: Stacie Hoskins Sent: Tuesday,April 30, 2013 3:10 PM To: seahorse @olympus.net Subject: RE: Boulton CE County response Attachments: PC: agenda& materials for 5/1 mtg; 1:30 pm -RESEND It's tomorrow! Thanks for checking in, Doug. We're meeting at 1:30 pm at the Commissioner's Chambers—where we met last month. See attached for the meeting agenda. Will you be able to attend? Stacie qoaleha Planning Manager,Jefferson County Department of Community Development 621 Sheridan Street * Port Townsend,WA 98368 Phone 360-379-4463 * Fax 360-379-4451 shoskinspco.jefferson.wa.us Jefferson County DCD Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. All e-mail sent to this address will be received by the Jefferson County e-mail system and may be subject to Public Disclosure under Chapter 42.56 RCW SAVE PAPER - Please do not print this e-mail unless absolutely necessary From: Douglas G. Mason, Attorney at Law [mailto:seahorse @olympus.net] Sent:Tuesday, April 30, 2013 3:07 PM To: Stacie Hoskins Cc: Owen Fairbank; Erik Kingfisher Subject: Re: Boulton CE County response Stacie, When is the JeffCo Planning Commission meeting that will include the introduction to the Boulton Comp Plan Amendment application? Douglas G. Mason,Attorney at Law 2404 35th Street Port Townsend WA 98368 360.643.3163 This information is intended only for the person or entity to which it is addressed and may contain confidential or privileged material. Any review,retransmission, dissemination, or other use of this information by any person or entity other than the intended recipient is prohibited. If you received this in error,please contact the sender and delete the material from any computer. Please consider the environment before printing this e-mail... On Thu, Feb 14, 2013 at 1:12 PM, Sarah Spaeth<sspaeth@saveland.org>wrote: i i FYI regarding the CE on Boulton—good news! From: Stacie Hoskins [mailto:shoskins@co.jefferson.wa.us] Sent:Thursday, February 14, 2013 12:59 PM To: Sarah Spaeth Cc: Doug Mason (E-mail); Owen Fairbank; ekingfisher©saveland.orq; Tami Pokorny Subject: RE: Boulton Map Hi, Sarah, Thank you for your follow up email to our phone conversation. Conservation easement: The County does not object to the conservation easement being placed on land zoned for agriculture and forest uses. Agriculture and forestry uses are allowed in all zoning designations. Conservation easements have been placed on property zoned for agriculture and forestry. Comprehensive Plan Amendment(CPA): The reason for the CPA would be for John to potentially sell the parcels separately in the configuration he desires. Since the configuration he seeks requires a Boundary Line Adjustment (BLA)that crosses zoning districts, that is the initiator for a requirement for a CPA. Should Mr. Boulton decide not pursue a BLA and sell the parcels as is, the county would have no objections. Please note CPA applications are due no later than March 1 of each year. This year,that day falls on a Friday when our office is closed. You may make an appointment to submit the application no later than Thursday,February 28 or make sure you mail a complete application with fees with a postmark of March 1, 2013.. Please contact us should you need anything else. Best regards, Stade qadate Planning Manager, Jefferson County Department of Community Development 621 Sheridan Street * Port Townsend,WA 98368 Phone 360-379-4463 * Fax 360-379-4451 shoskins(a?co.iefferson.wa.us 2 Jefferson County DCD Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. All e-mail sent to this address will be received by the Jefferson County e-mail system and may be subject to Public Disclosure under Chapter 42.56 RCW SAVE PAPER - Please do not print this e-mail unless absolutely necessary From: Sarah Spaeth [mailto:sspaethOsaveland.orq] Sent: Monday, February 04, 2013 4:41 PM To: Stacie Hoskins Cc: Doug Mason (E-mail); 'Owen Fairbank'; ekingfisher©asaveland.orq Subject: FW: Boulton Map Hi Stacie— Thank you for the conversation a few moments ago. I am following up to request clarification on a matter relevant to Jefferson Land Trust's efforts to work with John Boulton on protection of his property near Quilcene. JLT has grant funding from the Federal Faim and Ranchland Protection Program as well as the Jefferson County Conservation Futures Program for purchase of a conservation easement on the agricultural portion of the Boulton Farm. From your attached letter, we understand that John would need to apply for a comp plan amendment to the County for segregation of the ag portion from the forestland portion since the lay of the land does not follow zoning boundaries and that this process will take up to a year to complete. In the meantime, JLT and John are eager to move forward with purchase of the conservation easement on the ag portion as indicated in red on the attached map which is currently being surveyed. This area corresponds with the area that John may seek to segregate if the comp plan amendment process is successful. We are seeking confirmation from the County that JLT `s purchase of the conservation easement in the next few months will not be a conflict for the County. We would appreciate your feedback—thank you in advance! Sarah Spaeth, Executive Director Jefferson Land Trust 1033 Lawrence Street Port Townsend, WA 98368 Phone: (360) 379-9501 ext.101 FAX: (360) 379-9897 www.saveland.org 3 • Jefferson Land Trust Helping the community preserve open space, working lands and habitat forever From: Stacie Hoskins [mailto:shoskins@ico.jefferson.wa.us] Sent: Monday, October 08, 2012 4:52 PM To: Sarah Spaeth Subject: RE: Boulton Map Hi, Sarah, See attached for the letter you requested. I'll look at the map this week and consider your proposal. Best, Staue 4. qa¢l¢iee Planning Manager, Jefferson County Department of Community Development 621 Sheridan Street * Port Townsend,WA 98368 Phone 360-379-4463 * Fax 360-379-4451 shoskins p co.jefferson.wa.us Jefferson County DCD Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. All e-mail sent to this address will be received by the Jefferson County e-mail system and may be subject to Public Disclosure under Chapter 42.56 RCW `-A SAVE PAPER - Please do not print this e-mail unless absolutely necessary 4 • From: Sarah Spaeth imailto:sspaethOsaveland.orq] Sent: Monday, October 08, 2012 11:45 AM To: Stacie Hoskins Subject: Boulton Map Hi Stacy— Here you go. Sarah Spaeth, Executive Director Jefferson Land Trust 1033 Lawrence Street Port Townsend,WA 98368 Phone: (360) 379-9501 ext.101 FAX: (360) 379-9897 www.saveland.org Jefferson Land Trust Helping the community preserve open space, working lands and habitat forever 5 Stacie Hoskins From: Stacie Hoskins Sent: Wednesday, September 04,2013 5:01 PM To: reviewteam @commerce.wa.gov Cc: Carl Smith; Michelle McConnell Subject: 60-Day Notice Attachments: GMS-Plan-Dev-Reg-Review-Commerce-Notice-60-Day.doc; 2013_CPA_Staff_Rpt_1-4.pdf; 2013_CPA Staff Rpt_Appendices_A.pdf; 2013_CPA_Staff Rpt_Appendices_B-D.pdf Hello review team:Attached is a 60-day notice for a proposed amendment to our Comprehensive Plan Land Use Map. Please confirm receipt and contact me with any questions. Thank you, Stage 4. r` odue¢ Planning Manager,Jefferson County Department of Community Development 621 Sheridan Street * Port Townsend,WA 98368 Phone 360-379-4463 * Fax 360-379-4451 shoski n s P co.j efferso n.wa.u s Jefferson County DCD Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. All e-mail sent to this address will be received by the Jefferson County e-mail system and may be subject to Public Disclosure under Chapter 42.56 RCW `'A SAVE PAPER - Please do not print this e-mail unless absolutely necessary 1 Stacie Hoskins From: Stacie Hoskins Sent: Monday, September 09, 2013 8:31 AM To: Bill; seahorse @olympus.net Cc: Planning Commission Desk Subject: 2013 Jefferson County Comprehensive Plan Amendments Attachments: 2013_CPA_Staff_Rpt_1-4.pdf; 2013_CPA_Staff_Rpt_Appendices_A.pdf; 2013 _CPA_Staff_Rpt_Appendices_B-D.pdf Hello, Doug& Bill, The public hearing before the Planning Commission for your Comprehensive Plan Amendment applications will be on Wednesday,September 18 at 6:30 pm at the Tri-Area Community Center. Attached is my staff report recommending approval of both of your proposals. Additional materials for the two proposals and public hearings are online for review here under'Documents'. You will be allotted 3-5 minutes to speak at the hearing and may submit any written comments prior to or at the hearing. The Planning Commission may also ask you specific questions when they deliberate. We also have another hearing on a UDC Text amendment that evening. Given we'd like to have both hearings and deliberate on all proposals that evening, please be prepared to stay the full meeting. I look forward to seeing you at the hearing. Please let me know if you have any questions or need anything. Best regards, Stelae Z. q Planning Manager,Jefferson County Department of Community Development 621 Sheridan Street * Port Townsend,WA 98368 Phone 360-379-4463 * Fax 360-379-4451 shoskinsPco.jefferson.wa.us Jefferson County DCD Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. All e-mail sent to this address will be received by the Jefferson County e-mail system and may be subject to Public Disclosure under Chapter 42.56 RCW SAVE PAPER - Please do not print this e-mail unless absolutely necessary 1 Stacie Hoskins From: Stacie Hoskins Sent: Monday, September 09, 2013 4:47 PM To: Douglas G. Mason,Attorney at Law; Bill Subject: FW: PC: agenda& materials for 9/18 meeting next week(6:30pm @ Tri Area Comm Ctr) Attachments: 2013_CPA_Staff_Rpt_1-4.pdf.pdf; 2013_CPA_Staff_Rpt_Appendices_A.pdf.pdf;2013 _CPA_Staff_Rpt_Appendices_B-D.pdf.pdf; PC memo for 9-18-13-amendment of JCC 18.40.090(9-3-13).pdf.pdf; PC Recommendation findings JCC 18.40.090 Preapplication fees (8-27-13).pdf.pdf; DCD Fees-PC memo for 9-18-13(9-3-13).pdf.pdf; PC Agenda 9-18-2013.pdf Doug& Bill, Please see attached and below for the Planning Commission meeting on Sept 18t . Call or email me if you have any questions. Thanks! Stade,e. Wcwitha Planning Manager,Jefferson County Department of Community Development 621 Sheridan Street * Port Townsend,WA 98368 Phone 360-379-4463 * Fax 360-379-4451 shoskinsPco.jefferson.wa.us Jefferson County DCD Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. All e-mail sent to this address will be received by the Jefferson County e-mail system and may be subject to Public Disclosure under Chapter 42.56 RCW SAVE PAPER - Please do not print this e-mail unless absolutely necessary From: Planning Commission Desk Sent: Monday, September 09, 2013 4:42 PM To: Planning Commission Desk Subject: PC: agenda &materials for 9/18 meeting next week(6:30pm @ Tri Area Comm Ctr) Hello Planning Commissioners and interested parties; Agenda & Materials In preparation for the September 18 regular meeting with two public hearings next week, please review the following materials: • September 18 Meeting Agenda (also attached) 2013 Comp Plan Amendments • Staff Report(also attached) • Appendices A.1 -A.5 (also attached) • Appendices B— D (also attached) UDC Text Amendment— Pre-Application Conference • Memo— MLA13-115 (also attached) • Staff Recommendation (also attached) 1 • Memo - Fees (also attached) Meeting Time & Location . , ;E `O E TIM°; L : r - ing will ! held at l 0;30TA)ri atifi6iTri Area Corn `ll r- 1 W ,r Od, Chi ); the Planning Commission encourages public attendance and rescheduled the meeting to occur after 5pm to allow greater participation. Member Attendance As a courtesy and to avoid an unexcused absence, please inform your Chair, Vice Chair and staff ASAP or no later than 11:00 am next Wednesday if you will not attend next week's meeting. Thanks, Michelle Interim PC Secretary <> <> <> <> <> <> Jefferson County Planning Commission 621 Sheridan St. Port Townsend,WA 98368 360.379.4450 http://www.co.iefferson.wa.us/commdevelopment/PlanningCommission.htm <> <> <> <> <> <> NOTE: All e-mail sent to this address will be received by the Jefferson County e-mail system and is subject to Public Disclosure under Chapter 42.56 RCW. Messages may be viewed by parties other than the intended recipient. SAVE PAPER-Please do not print this e-mail unless absolutely necessary! 2 m``��S°N coGZ "SHIN°I°+ JEFFERSON COUNTY PLANNING COMMISSION 621 Sheridan Street Port Townsend, WA 98368 (360) 379-4450 Planning Commission Recommendation for 2013 Comprehensive Plan Amendment Final Docket Comprehensive Plan Land Use Map Amendments Recommendation with Findings and Conclusions To: Board of County Commissioners, Chair John Austin; Department of Community Development, Director Carl Smith; and Interested public of Jefferson County Date: September 18, 2013 Attached: MLA12-00274 (McLuen) - Map of Proposed map Redesignation/Rezone MLA13-00045 (Boulton) - Map of Proposed map Redesignation/Rezone In preparing our recommendation, we have considered the staff report, the growth management indicators and other general guidance on required findings, and therefore do hereby declare the following findings and conclusions in support of our decision: A. Required findings as per Jefferson County Code(JCC)Title 18.45.080(1)(b)(i-iii): JCC 18.45.080 Final docket—Planning Commission and Board of County Commissioners review. (1)Planning Commission Review.All proposed amendments on the final docket shall be reviewed and assessed by the planning commission,which shall make a recommendation to the board of county commissioners after holding at least one open record public hearing. (a)Notice.The hearing before the planning commission shall be noticed by one publication in the official newspaper of the county at least 10 days prior to the date of the hearing and by posting a copy of the notice of hearing in the Jefferson County Courthouse. This notice shall include the following: (i)The purpose(s)of amending and/or updating the Comprehensive Plan; (ii)The deadline for submitting comments on the amendments; and (iii)A tentative hearing schedule;continued hearings may be held by the planning commission but no additional notices need be published. (b) Required Findings—Generally. For all proposed amendments,the planning commission shall develop findings and conclusions and a recommendation which consider the growth management indicators set forth in JCC 18.45.050(4)(b)(i)through (4)(b)(vii), as well as the following: (i)Whether circumstances related to the proposed amendment and/or the area in which it is located have substantially changed since the adoption of the Jefferson County Comprehensive Plan; (ii)Whether the assumptions upon which the Jefferson County Comprehensive Plan is based are no longer valid, or whether new information is available which was not considered during the adoption process or any annual amendments of the Jefferson County Comprehensive Plan; and (iii)Whether the proposed amendment reflects current widely held values of the residents of Jefferson County. Plannino Commission findings: I. Circumstances have changed in the sense the economy in recent years has suffered through the"great recession", meaning less land development in the County and therefore slower growth than anticipated. II. The assumptions upon which the Jefferson County Comprehensive Plan is based are still valid. The map changes proposed are consistent with the designation criteria in the Comprehensive Plan. Ill. The proposed amendments are consistent with widely held values of the residents of Jefferson County given they are consistent with the text of the Comprehensive Plan. Only the map is changing for these amendments. C. Inquiry to the growth management indicators as per Jefferson County Code(JCC)Title 18.45.080(4Xcxi-viii): 1. The proposals meet concurrency requirements for transportation. The proposed amendments should not adversely impact the level of county services. 2. There are no inconsistencies with the Comprehensive Plan. These amendments are for mapping changes that are consistent with the text of the Comprehensive Plan. 3. The proposed amendments will not result in a probable significant adverse impact to the transportation network,capital facilities, utilities, parks,or environmental features. 4. The proposal is physically suitable for the requested land use designations. Both are similar to the surrounding properties and their access to utilities and land uses. 5. The proposals are unlikely to create pressure to change the land use designation of other properties. 6. The site-specific proposals do not affect the land use and population growth projections that are the basis of the comprehensive plan. The proposed land uses will be consistent with surrounding land uses. 2013 CPA Amendment Recommendation to BoCC Page 2 7. The proposed amendments are not located within an area that is currently under review for UGA designation. 8. The proposed amendments meet the requirements of GMA. The character of the rural area will not be affected by redesignating this property. Inquiry to the growth management Indicators as per Jefferson County Code(JCC)Title 18.45.050(4)(b)(i-vii): 1. Growth and development as envisioned in the Comprehensive Plan is occurring slower than anticipated due to economic conditions. 2. The capacity of the county to provide adequate services has diminished due to a decrease in tax revenue. The number of service providers in the County has not decreased and the County, with the exception of policy decisions made as a result of economic conditions, continues to be equipped to provide the same levels of service available at the time of Comprehensive Plan adoption. The County is in the process of implementing provisions for the lrondale/Hadlock Urban Growth Area (UGA) to have urban services, specifically sanitary sewer service and stormwater management. 3. There is sufficient urban land, as designated and zoned to meet projected demand and need. 4. Since the adoption of the Comprehensive Plan in 1998, the majority of assumptions made as part of the Plan continue to be valid. Amendments to GMA and other laws made by the State Legislature and precedent-setting decisions made by the Growth Management Hearings Boards influence local government implementation of GMA. Aerial photography and Lidar data is available today that wasn't available at time of Comprehensive Plan adoption. Such information allows study and analysis context that may provide substantiation for more refined land use designation boundaries. 5. Changes in countywide attitudes have not been revealed that necessitate any sweeping changes to the Plan, nor the basic values embodied within the Comprehensive Plan Vision Statement. 6. Since Comprehensive Plan adoption in 1998, the County has established an informal policy of considering "pattern of development" using a 50%threshold. Where properties are bordered by properties of a smaller size on 50% of their perimeter, the Planning Commission and Board have agreed such a"pattern of development" of smaller density may be supported. This 50% threshold within the larger context of the residential density designation criteria was not specifically considered during the adoption process or any of the annual amendment cycles for this parcel. 2013 CPA Amendment Recommendation to BoCC Page 3 7. The Comprehensive Plan is consistent with both the Growth Management Act and the Countywide Planning Policy. In 2004, Jefferson County, pursuant to the Growth Management Act, conducted a review of the Comprehensive Plan and the UDC to ensure consistency between those documents and the Growth Management Act. The next periodic review is slated for the 2015 Comprehensive Plan Amendment cycle in order to be complete by the June 30, 2016 deadline established by the State of Washington. D. The Record In addition to the guidance provided by GMA, the Countywide Planning Policies, the Jefferson County Code, and the Comprehensive Plan, the Planning Commission finds: 1. This proposed amendment is based on findings as required by JCC 18.45.050 and 18.45.080. 2. The public hearing for this proposed amendment has been duly noticed per the requirements of JCC 18.45.080. 3. This proposed amendment has been duly assessed for environmental impacts via a SEPA Checklist, as required by Chapter 197-11 WAC(SEPA rules). 4. This proposed amendment recommendation is based on the record, following an open record hearing and following the close of the open record hearing, consideration by the Planning Commission of any written or oral comments. 5. This proposed amendment satisfies legal criteria. 6. This proposed amendment is being provided for a 60 day review to the Washington State Department of Commerce, Growth Management Services, as required by RCW 36.70A.106 (GMA). 7. Finding for MLA12-00274(McLuen): The County has and will maintain 26,893 acres designated rural residential. RR 1:20 is reduced by less than one-tenth of one percent, and the Jefferson County Comprehensive Plan will, with passage of this amendment, still have the "variety of RR densities"that is required by the GMA. 8. Finding for MLA13-00045(Boulton): The Boulton farm is historical, continuously productive, and owned by the same landowner as the adjacent forest lands. Given the common ownership, Mr. Boulton has been able to manage the lands jointly. While historically beneficial, the applicant proposes it is not financially viable for a new farmer to purchase both the farm and the large forest land tracts. It is common practice for farmers to live on the land they farm. It is not always typical for foresters to live on the land they manage for timber. This historical benefit should not preclude the future division of the forest land from the home and farm as not separating the farm from the forest lands might cause the end of farming at this farm. Further, the unique nature of this farm, i.e., that forest lands are commonly owned with it, ensures this 2013 CPA Amendment Recommendation to BoCC Page 4 action is not likely to set a precedent for future rezones of portions of forest land adjacent to agriculture. This action matches the Comprehensive Plan to the actual use of the property on the ground and continues natural resource activities on all affected land. A conservation easement is under development to ensure perpetual use of the property in agricultural use. The potential for more low density sprawl will be averted by adoption of this Comprehensive Plan amendment. Based on these findings, on September 18, 2013, the Jefferson County Planning Commission voted unanimously to approve the 2013 Comprehensive Plan Amendment Final Docket and recommend that the BoCC approve the Planning Agency's request to amend the Comprehensive Plan Land Use Map as proposed. 40 -5 Kevin Coker, Planning Commission Chair Date 2013CPA PC Recommendation fmdings.docx 2013 CPA Amendment Recommendation to BoCC Page 5 Appx.A.3,p.5-7 N v 7C N n - a ca m julc e+ c�"�'� SR v�° ,...__.. ji 5 J fJ, � Y -`"-,.mss �� O M I O 1k fr r - .,M ... co Nc N,o N n I, o 4, n D o m J. 0 • 0 R rt N '' -, x x . C nc .. c o 5 a s.cQ 4 d 3 m m o � 0 j L n H r _ p o m w 0 0- o O _ o H oT w Q v -ii N : O 4. n r�Q 0 o 3 m S C. Y „..-z C a ' C 0 O D C cn 0 o D f1 X O T 33 N • m 4.+ 5'• t. D CD 0 a G) T z G) -v ■ ;n Appx.A5,p.5-11 Q-► n <_. "t% F/ J C tril 5 5 '-'• e G . r r.. C O n rt '$ J O 3 T r• . " -i 3 O n m m Po z� v• IL g . 4 I- �. C.#3 f cn 1 n, CTI 1 7: , 1 l 00 O \ 7, i , 0 23 73 Q , O E Z W •r N .. , ❑ O O N o m z N • A N u > N) O 0 O O w v n 0 O .. 3 --- N• d 3 g m m an b 0, O u• m »++ 01 01 C 7 N g �_ L, j ao =. 3 D 3 3� n 3 / Z 5 D = n Iv C N _V fD ffi O co C ^ Q.C / . co cn D m - ��.,xrr G</gi, Ate H a i Z 3 .D Stacie Hoskins From: Stacie Hoskins Sent: Thursday, October 03, 2013 9:21 AM To: Bill; seahorse©olympus.net Subject: 2013 CPAs before Board Mon 10/7 Attachments: 2013-10-7_Final AR re Staff-PC Recommendation Report to BOCC.DOCX; 2013-09-18 PC Rec 2013CPA.PDF Hi, Bill & Doug, I will present your Comprehensive Plan Amendment applications to the Board of County Commissioners on Monday, Oct 7th sometime between 10:00 am—noon. Attached are my agenda request and the Planning Commission recommendation. The Board's final agenda will be available online here no later than tomorrow (Friday) mid-day. Please call or email with any questions. Stacie 4. qaal¢icrd Planning Manager,Jefferson County Department of Community Development 621 Sheridan Street * Port Townsend,WA 98368 Phone 360-379-4463 * Fax 360-379-4451 shoskins@ co.iefferson.wa.us Jefferson County DCD Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. All e-mail sent to this address will be received by the Jefferson County e-mail system and may be subject to Public Disclosure under Chapter 42.56 RCW SAVE PAPER - Please do not print this e-mail unless absolutely necessary 1 Stacie Hoskins From: Stacie Hoskins Sent: Thursday, February 14, 2013 12:59 PM To: Sarah Spaeth Cc: Doug Mason (E-mail); Owen Fairbank; ekingfisher @saveland.org; Tami Pokorny Subject: RE: Boulton Map Hi, Sarah, Thank you for your follow up email to our phone conversation. Conservation easement: The County does not object to the conservation easement being placed on land zoned for agriculture and forest uses. Agriculture and forestry uses are allowed in all zoning designations. Conservation easements have been placed on property zoned for agriculture and forestry. Comprehensive Plan Amendment(CPA):The reason for the CPA would be for John to potentially sell the parcels separately in the configuration he desires. Since the configuration he seeks requires a Boundary Line Adjustment(BLA) that crosses zoning districts,that is the initiator for a requirement for a CPA. Should Mr. Boulton decide not pursue a BLA and sell the parcels as is,the county would have no objections. Please note CPA applications are due no later than March 1 of each year. This year,that day falls on a Friday when our office is closed. You may make an appointment to submit the application no later than Thursday, February 28 or make sure you mail a complete application with fees with a postmark of March 1, 2013. Please contact us should you need anything else. Best regards, Stacie,.L'. `, odcec Planning Manager,Jefferson County Department of Community Development 621 Sheridan Street * Port Townsend,WA 98368 Phone 360-379-4463 * Fax 360-379-4451 shoskinsPco.iefferson.wa.us Jefferson County DCD Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment, All e-mail sent to this address will be received by the Jefferson County e-mail system and may be subject to Public Disclosure under Chapter 42.56 RCW SAVE PAPER- Please do not print this e-mail unless absolutely necessary From: Sarah Spaeth [mailto:sspaeth @saveland.org] Sent: Monday, February 04, 2013 4:41 PM To: Stacie Hoskins Cc: Doug Mason (E-mail); 'Owen Fairbank'; ekingfisher @saveland.org Subject: FW: Boulton Map Hi Stacie— Thank you for the conversation a few moments ago. I am following up to request clarification on a matter relevant to Jefferson Land Trust's efforts to work with John Boulton on protection of his property near Quilcene. JLT has grant funding from the Federal Farm and Ranchland Protection Program as well as the Jefferson County Conservation Futures Program for purchase of a conservation easement on the agricultural portion of the Boulton Farm. From your attached 1 letter,'we understand that John would need to apply for a comp plan amendment to the County for segregation of the ag portion from the forestland portion since the lay of the land does not follow zoning boundaries and that this process will take up to a year to complete. In the meantime,iLT and John are eager to move forward with purchase of the conservation easement on the ag portion as indicated in red on the attached map which is currently being surveyed. This area corresponds with the area that John may seek to segregate if the comp plan amendment process is successful. We are seeking confirmation from the County that JLT's purchase of the conservation easement in the next few months will not be a conflict for the County. We would appreciate your feedback—thank you in advance! Sarah Spaeth, Executive Director Jefferson Land Trust 1033 Lawrence Street Port Townsend, WA 98368 Phone: (360) 379-9501 ext.101 FAX: (360) 379-9897 www.saveland.org Jefferson Land Trust Helping the community preserve open space, working lands and habitat forever From: Stacie Hoskins [mailto:shoskinst co.jefferson.wa.us] Sent: Monday, October 08, 2012 4:52 PM To: Sarah Spaeth Subject: RE: Boulton Map Hi, Sarah, See attached for the letter you requested. I'll look at the map this week and consider your proposal. Best, St4ete.C'. `>1fadieuzct Planning Manager,Jefferson County Department of Community Development 621 Sheridan Street * Port Townsend,WA 98368 Phone 360-379-4463 * Fax 360-379-4451 shoskins @co.jefferson.wa.us Jefferson County DCD Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment, All e-mail sent to this address will be received by the Jefferson County e-mail system and may be subject to Public Disclosure under Chapter 42.56 RCW SAVE PAPER - Please do not print this e-mail unless absolutely necessary From: Sarah Spaeth [mailto:sspaeth @saveland.orq] Sent: Monday, October 08, 2012 11:45 AM To: Stacie Hoskins Subject: Boulton Map Hi Stacy- 2 Here you go. Sarah Spaeth, Executive Director Jefferson Land Trust 1033 Lawrence Street Port Townsend, WA 98368 Phone: (360) 379-9501 ext.101 FAX: (360) 379-9897 www.saveland.org Jefferson Land Trust Helping the community preserve open space, working lands and habitat forever 3 Stacie Hoskins From: Sarah Spaeth [sspaeth @saveland.org] Sent: Thursday, February 14, 2013 1:13 PM To: Stacie Hoskins Subject: RE: Boulton Map Thanks you Stacie—we appreciate your reponse! From: Stacie Hoskins [mailto:shoskins @co.jefferson.wa.us] Sent: Thursday, February 14, 2013 12:59 PM To: Sarah Spaeth Cc: Doug Mason (E-mail); Owen Fairbank; ekingfisher @saveland.org; Tami Pokorny Subject: RE: Boulton Map Hi, Sarah, Thank you for your follow up email to our phone conversation. Conservation easement: The County does not object to the conservation easement being placed on land zoned for agriculture and forest uses. Agriculture and forestry uses are allowed in all zoning designations. Conservation easements have been placed on property zoned for agriculture and forestry. Comprehensive Plan Amendment(CPA):The reason for the CPA would be for John to potentially sell the parcels separately in the configuration he desires. Since the configuration he seeks requires a Boundary Line Adjustment(BLA) that crosses zoning districts,that is the initiator for a requirement for a CPA. Should Mr. Boulton decide not pursue a BLA and sell the parcels as is,the county would have no objections. Please note CPA applications are due no later than March 1 of each year. This year,that day falls on a Friday when our office is closed. You may make an appointment to submit the application no later than Thursday, February 28 or make sure you mail a complete application with fees with a postmark of March 1, 2013. Please contact us should you need anything else. Best regards, Stacie 4, qodk out Planning Manager,Jefferson County Department of Community Development 621 Sheridan Street * Port Townsend,WA 98368 Phone 360-379-4463 * Fax 360-379-4451 shoskinsPco.jefferson.wa.us Jefferson County DCD Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. All e-mail sent to this address will be received by the Jefferson County e-mail system and may be subject to Public Disclosure under Chapter 42.56 RCW br,„, SAVE PAPER - Please do not print this e-mail unless absolutely necessary From: Sarah Spaeth [mailto:sspaeth @saveland.orq] Sent: Monday, February 04, 2013 4:41 PM To: Stacie Hoskins Cc: Doug Mason (E-mail); 'Owen Fairbank'; ekingfisher @saveland.orq Subject: FW: Boulton Map 1 Hi Stacie— Thank you for the conversation a few moments ago. I am following up to request clarification on a matter relevant to Jefferson Land Trust's efforts to work with John Boulton on protection of his property near Quilcene. 1LT has grant funding from the Federal Farm and Ranchland Protection Program as well as the Jefferson County Conservation Futures Program for purchase of a conservation easement on the agricultural portion of the Boulton Farm. From your attached letter,we understand that John would need to apply for a comp plan amendment to the County for segregation of the ag portion from the forestland portion since the lay of the land does not follow zoning boundaries and that this process will take up to a year to complete. In the meantime,JLT and John are eager to move forward with purchase of the conservation easement on the ag portion as indicated in red on the attached map which is currently being surveyed. This area corresponds with the area that John may seek to segregate if the comp plan amendment process is successful. We are seeking confirmation from the County that JLT's purchase of the conservation easement in the next few months will not be a conflict for the County. We would appreciate your feedback—thank you in advance! Sarah Spaeth, Executive Director Jefferson Land Trust 1033 Lawrence Street Port Townsend, WA 98368 Phone: (360) 379-9501 ext.101 FAX: (360)379-9897 www.saveland.org Jefferson Land Trust Helping the community preserve open space, working lands and habitat forever From: Stacie Hoskins [mailto:shoskins @co.jefferson.wa.us] Sent: Monday, October 08, 2012 4:52 PM To: Sarah Spaeth Subject: RE: Boulton Map Hi, Sarah, See attached for the letter you requested. I'll look at the map this week and consider your proposal. Best, Stacie Z. qaal¢usd Planning Manager,Jefferson County Department of Community Development 621 Sheridan Street* Port Townsend,WA 98368 Phone 360-379-4463 * Fax 360-379-4451 shoskins @co.iefferson.wa.us Jefferson County DCD Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. All e-mail sent to this address will be received by the Jefferson County e-mail system and may be subject to Public Disclosure under Chapter 42.56 RCW SAVE PAPER - Please do not print this e-mail unless absolutely necessary 2 From: Sarah Spaeth [mailto:sspaeth(asaveland.orq) Sent: Monday, October 08, 2012 11:45 AM To: Stacie Hoskins Subject: Boulton Map Hi Stacy— Here you go. Sarah Spaeth, Executive Director Jefferson Land Trust 1033 Lawrence Street Port Townsend,WA 98368 Phone: (360)379-9501 ext.101 FAX: (360)379-9897 www.saveland.org Jefferson Land Trust Helping the community preserve open space, working lands and habitat forever 3 Stacie Hoskins From: Stacie Hoskins Sent: Thursday, October 03, 2013 9:21 AM To: 'Bill'; 'seahorse @olympus.net Subject: 2013 CPAs before Board Mon 10/7 Attachments: 2013-10-7_Final AR re Staff-PC Recommendation Report to BOCC.DOCX; 2013-09-18 PC Rec 2013CPA.PDF Hi, Bill &Doug, I will present your Comprehensive Plan Amendment applications to the Board of County Commissioners on Monday, Oct 7th sometime between 10:00 am—noon. Attached are my agenda request and the Planning Commission recommendation. The Board's final agenda will be available online here no later than tomorrow(Friday) mid-day. Please call or email with any questions. Staeue.C'. ?fa¢le414 Planning Manager,Jefferson County Department of Community Development 621 Sheridan Street * Port Townsend,WA 98368 Phone 360-379-4463 * Fax 360-379-4451 shoskins @co.jefferson.wa.us Jefferson County DCD Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. All e-mail sent to this address will be received by the Jefferson County e-mail system and may be subject to Public Disclosure under Chapter 42.56 RCW SAVE PAPER - Please do not print this e-mail unless absolutely necessary 1 JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT '� - 621 Sheridan Street I Port Townsend,WA 98368 I Web:www.co.jefferson.wa.us/communitydevelopment Tel:360.379.4450 I Fax:360.379.4451 I Email:dcd @co.jefferson.wa.us 96,11j Nc;cO Building Permits&Inspections I Development Consistency Review I Long Range Planning I Watershed Stewardship Resource Center FINAL DETERMINATION OF NON-SIGNIFICANCE; ADOPTION OF EXISTING ENVIRONMENTAL DOCUMENTS;AND LEAD AGENCY STATUS DATE: October 2, 2013 PROPONENT: Gary McLuen John Boulton 2023 E.Sims Way#321 3590 E.Quilcene Rd Port Townsend, WA 98368 Quilcene,WA 98376 APPLICATION: 2013 Comprehensive Plan Amendment Docket PROPOSAL Two (2)Site-Specific Comprehensive Plan Map Amendments: 1. MLA12-00274; McLuen Proposal requests a rezone of approximately 37 acres of land designated Rural Residential 1:20(RR 1:20)to Rural Residential 1:10 (RR 1:10); 2. MLA13-00045: Boulton Proposal requests a rezone of 12.7 acres of land designated Rural Forest 1:40 (RF 1:40)to become Prime Agricultural 1:20(AP 1:20). LOCATION 1. MLA12-00274; McLuen APN 901-054-003; Located at mile post 5 of SR 20 on the east side of SR 20, approximately 1.5 miles south of the Four Corners Rd/Discovery Rd/SR 210 intersection. 2. MLA13-00045:Boulton APN 802-141-005; Located at 780 Boulton Rd,Quilcene,WA 98376, approximately 0.7 miles south west of the northern Boulton Rd/US 101 intersection and 0.4 miles northwest of the southern Boulton Rd/US 101 intersection. NOTICE OF LEAD AGENCY Jefferson County has determined that it is the lead agency for the above- described proposal. NOTICE OF NON-SIGNIFICANCE Jefferson County has determined that the above described proposal, conducted in conformance with the applicable Jefferson County Codes and Ordinances,would not have a probable significant adverse impact on the environment, and an environmental impact statement is not required under RCW 43.21C.030(2)(c). This determination was made after review of a completed environmental checklist and other information on file with the Jefferson County Department of Community Development. APPEAL PERIOD This final determination of non-significance is issued after using the optional DNS process in WAC 197-11-355. Jefferson County has considered comments received on this proposal however none addressed the preliminary determination of non-significance. There is no additional comment period on the DNS. Any appeal of this determination on the basis of noncompliance with the provisions of RCW 43.21c (State En ironmental P. is A may be made within 21 days to Superior Court. ■,, cam... _,�•` to 2- Hoskins, SEPA Responsible Official Date ru����ON �-1A ) JEFFERSON COUNTY PLANNING COMMISSION 621 Sheridan Street Port Townsend, WA 98368 (360) 379-4450 Planning Commission Recommendation for 2013 Comprehensive Plan Amendment Final Docket Comprehensive Plan Land Use Map Amendments Recommendation with Findings and Conclusions To: Board of County Commissioners, Chair John Austin; Department of Community Development, Director Carl Smith; and Interested public of Jefferson County Date: September 18, 2013 Attached: MLA12-00274 (McLuen)- Map of Proposed map Redesignation/Rezone MLA13-00045 (Boulton) - Map of Proposed map Redesignation/Rezone In preparing our recommendation, we have considered the staff report,the growth management indicators and other general guidance on required findings, and therefore do hereby declare the following findings and conclusions in support of our decision: A. Required findings as per Jefferson County Code(JCC)Title 18.45.080(1)(b)(i-iii): JCC 18.45.080 Final docket—Planning Commission and Board of County Commissioners review. (1)Planning Commission Review.All proposed amendments on the final docket shall be reviewed and assessed by the planning commission, which shall make a recommendation to the board of county commissioners after holding at least one open record public hearing. (a)Notice.The hearing before the planning commission shall be noticed by one publication in the official newspaper of the county at least 10 days prior to the date of the hearing and by posting a copy of the notice of hearing in the Jefferson County Courthouse. This notice shall include the following: (i)The purpose(s)of amending and/or updating the Comprehensive Plan; (ii)The deadline for submitting comments on the amendments; and (iii)A tentative hearing schedule;continued hearings may be held by the planning commission but no additional notices need be published. (b)Required Findings—Generally. For all proposed amendments,the planning commission shall develop findings and conclusions and a recommendation which consider the growth management indicators set forth in JCC 18.45.050(4)(b)(i)through(4)(b)(vii),as well as the following: (i)Whether circumstances related to the proposed amendment and/or the area in which it is located have substantially changed since the adoption of the Jefferson County Comprehensive Plan; (ii)Whether the assumptions upon which the Jefferson County Comprehensive Plan is based are no longer valid, or whether new information is available which was not considered during the adoption process or any annual amendments of the Jefferson County Comprehensive Plan;and (iii)Whether the proposed amendment reflects current widely held values of the residents of Jefferson County. Planning Commission findings: I. Circumstances have changed in the sense the economy in recent years has suffered through the"great recession", meaning less land development in the County and therefore slower growth than anticipated. II. The assumptions upon which the Jefferson County Comprehensive Plan is based are still valid. The map changes proposed are consistent with the designation criteria in the Comprehensive Plan. Ill. The proposed amendments are consistent with widely held values of the residents of Jefferson County given they are consistent with the text of the Comprehensive Plan. Only the map is changing for these amendments. C. Inquiry to the growth management indicators as per Jefferson County Code(JCC)Title 18.45.080(4)(cXi-viii): 1. The proposals meet concurrency requirements for transportation. The proposed amendments should not adversely impact the level of county services. 2. There are no inconsistencies with the Comprehensive Plan. These amendments are for mapping changes that are consistent with the text of the Comprehensive Plan. 3. The proposed amendments will not result in a probable significant adverse impact to the transportation network, capital facilities, utilities, parks, or environmental features. 4. The proposal is physically suitable for the requested land use designations. Both are similar to the surrounding properties and their access to utilities and land uses. 5. The proposals are unlikely to create pressure to change the land use designation of other properties. 6. The site-specific proposals do not affect the land use and population growth projections that are the basis of the comprehensive plan. The proposed land uses will be consistent with surrounding land uses. 2013 CPA Amendment Recommendation to BoCC Page 2 7. The proposed amendments are not located within an area that is currently under review for UGA designation. 8. The proposed amendments meet the requirements of GMA. The character of the rural area will not be affected by redesignating this property. Inquiry to the growth management Indicators as per Jefferson County Code(JCC)Title 18.45.050(4)(b)(i-vii): 1. Growth and development as envisioned in the Comprehensive Plan is occurring slower than anticipated due to economic conditions. 2. The capacity of the county to provide adequate services has diminished due to a decrease in tax revenue. The number of service providers in the County has not decreased and the County, with the exception of policy decisions made as a result of economic conditions, continues to be equipped to provide the same levels of service available at the time of Comprehensive Plan adoption. The County is in the process of implementing provisions for the lrondale/Hadlock Urban Growth Area (UGA) to have urban services, specifically sanitary sewer service and stormwater management. 3. There is sufficient urban land, as designated and zoned to meet projected demand and need. 4. Since the adoption of the Comprehensive Plan in 1998, the majority of assumptions made as part of the Plan continue to be valid. Amendments to GMA and other laws made by the State Legislature and precedent-setting decisions made by the Growth Management Hearings Boards influence local government implementation of GMA. Aerial photography and Lidar data is available today that wasn't available at time of Comprehensive Plan adoption. Such information allows study and analysis context that may provide substantiation for more refined land use designation boundaries. 5. Changes in countywide attitudes have not been revealed that necessitate any sweeping changes to the Plan, nor the basic values embodied within the Comprehensive Plan Vision Statement. 6. Since Comprehensive Plan adoption in 1998, the County has established an informal policy of considering "pattern of development" using a 50%threshold. Where properties are bordered by properties of a smaller size on 50% of their perimeter, the Planning Commission and Board have agreed such a"pattern of development"of smaller density may be supported. This 50% threshold within the larger context of the residential density designation criteria was not specifically considered during the adoption process or any of the annual amendment cycles for this parcel. 2013 CPA Amendment Recommendation to BoCC Page 3 7. The Comprehensive Plan is consistent with both the Growth Management Act and the Countywide Planning Policy. In 2004, Jefferson County, pursuant to the Growth Management Act, conducted a review of the Comprehensive Plan and the UDC to ensure consistency between those documents and the Growth Management Act. The next periodic review is slated for the 2015 Comprehensive Plan Amendment cycle in order to be complete by the June 30, 2016 deadline established by the State of Washington. D. The Record In addition to the guidance provided by GMA, the Countywide Planning Policies, the Jefferson County Code, and the Comprehensive Plan, the Planning Commission finds: 1. This proposed amendment is based on findings as required by JCC 18.45.050 and 18.45.080. 2. The public hearing for this proposed amendment has been duly noticed per the requirements of JCC 18.45.080. 3. This proposed amendment has been duly assessed for environmental impacts via a SEPA Checklist, as required by Chapter 197-11 WAC (SEPA rules). 4. This proposed amendment recommendation is based on the record, following an open record hearing and following the close of the open record hearing, consideration by the Planning Commission of any written or oral comments. 5. This proposed amendment satisfies legal criteria. 6. This proposed amendment is being provided for a 60 day review to the Washington State Department of Commerce, Growth Management Services, as required by RCW 36.70A.106 (GMA). 7. Finding for MLA12-00274(McLuen): The County has and will maintain 26,893 acres designated rural residential. RR 1:20 is reduced by less than one-tenth of one percent, and the Jefferson County Comprehensive Plan will, with passage of this amendment, still have the "variety of RR densities"that is required by the GMA. 8. Finding for MLA13-00045(Boulton):The Boulton farm is historical, continuously productive, and owned by the same landowner as the adjacent forest lands. Given the common ownership, Mr. Boulton has been able to manage the lands jointly. While historically beneficial, the applicant proposes it is not financially viable for a new farmer to purchase both the farm and the large forest land tracts. It is common practice for farmers to live on the land they farm. It is not always typical for foresters to live on the land they manage for timber. This historical benefit should not preclude the future division of the forest land from the home and farm as not separating the farm from the forest lands might cause the end of farming at this farm. Further, the unique nature of this farm, i.e., that forest lands are commonly owned with it, ensures this 2013 CPA Amendment Recommendation to BoCC Page 4 action is not likely to set a precedent for future rezones of portions of forest land adjacent to agriculture. This action matches the Comprehensive Plan to the actual use of the property on the ground and continues natural resource activities on all affected land. A conservation easement is under development to ensure perpetual use of the property in agricultural use. The potential for more low density sprawl will be averted by adoption of this Comprehensive Plan amendment. Based on these findings, on September 18, 2013, the Jefferson County Planning Commission voted unanimously to approve the 2013 Comprehensive Plan Amendment Final Docket and recommend that the BoCC approve the Planning Agency's request to amend the Comprehensive Plan Land Use Map as proposed. y� Kevin Coker, Planning Commission Chair Date 2013CPA PC Recommendation findings.docx 2013 CPA Amendment Recommendation to BoCC Page 5 Appx.A.3,p.5-7 • N T 7C O . (G• W ° � . n ( 0- z .4 . 'C r .. n vl m z 'ZS 7 c "' S E' v C ^°.-R-e._ v — w et F _. R:— R. ,i0/1 ',Si- • s s g 4 .,� l T lei r r�ani Y,) ° v n,crn ° ti Z N C 1 Z w N N 'C _ n x . T T - 3 '0 P & - b . n D N• O . O , N n., _ 1..--,..,..,.. 7 C' .Z7 OA A a G 01 ° se� Q a. . A x z, 9 m 0 9 to• n O d N Cn5 0 ° n 3 N N C�p (d Q N • m m N no h:Q' 0 A m O. ' C in O D C 0 0 co A n - fl, ° X ° 3 -qn c - 3 v a, o cu n _. D co 3 a z 5 T Appx.A.5,p.5-11 o " x w ti� r : n n a. 0 ° it Q. ~r Q uU `� Z rt G . r9 5. r Uc n ft J o 5 *� 3 n "• O T O re Co O� rt V f. "4,. s g ,.., N �. Cr,) 1 t � CC c C \ 5D' C co + Q i Q m N O O O_ W i . ; CI •A o o p 'a 5'0 or d 3 3 !D @ O (no a '.. .•, e a 1F '-• D r) _ n a • n 3 / c _ '4 D D 0 ..- 2 c n r 6 v � . N O� C CD O C c D m ` v m., 4 in ao CD M_ v y c 77 o o. G) Z 3 v Stacie Hoskins From: Stacie Hoskins Sent: Monday, September 09, 2013 4:47 PM To: 'Douglas G. Mason, Attorney at Law'; 'Bill' Subject: FW: PC: agenda & materials for 9/18 meeting next week(6:30pm @ Tri Area Comm Ctr) Attachments: 2013_CPA_Staff_Rpt_1-4.pdf.pdf; 2013_CPA_Staff_Rpt_Appendices_A.pdf.pdf; 2013 _CPA_Staff_Rpt_Appendices_B-D.pdf.pdf; PC memo for 9-18-13-amendment of JCC 18.40.090 (9-3-13).pdf.pdf; PC Recommendation findings JCC 18.40.090 Preapplication fees (8-27-13).pdf.pdf; DCD Fees-PC memo for 9-18-13 (9-3-13).pdf.pdf; PC Agenda 9-18-2013.pdf Doug& Bill, Please see attached and below for the Planning Commission meeting on Sept 18th. Call or email me if you have any questions. Thanks! St qadipa Planning Manager,Jefferson County Department of Community Development 621 Sheridan Street * Port Townsend,WA 98368 Phone 360-379-4463 * Fax 360-379-4451 shoskins @,co.iefferson.wa.us Jefferson County DCD Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. All e-mail sent to this address will be received by the Jefferson County e-mail system and may be subject to Public Disclosure under Chapter 42.56 RCW SAVE PAPER - Please do not print this e-mail unless absolutely necessary From: Planning Commission Desk Sent: Monday, September 09, 2013 4:42 PM To: Planning Commission Desk Subject: PC: agenda &materials for 9/18 meeting next week(6:30pm @ Tri Area Comm Ctr) Hello Planning Commissioners and interested parties; Agenda & Materials In preparation for the September 18 regular meeting with two public hearings next week, please review the following materials: • September 18 Meeting Agenda (also attached) 2013 Comp Plan Amendments • Staff Report (also attached) • Appendices A.1 —A.5 (also attached) • Appendices B— D (also attached) UDC Text Amendment— Pre-Application Conference • Memo— MLA13-115 (also attached) • Staff Recommendation (also attached) 1 • • Memo - Fees (also attached) Meeting Time & Location PLEASEWOTE TIME & LOCATION Meeti held et 6:30 pm at the Tri.Area Community Ce tei (1,0 W Valley;;Rd, Chimactum); the Planning Commission encourages public attendance and rescheduled the meeting to occur after 5pm to allow greater participation. Member Attendance As a courtesy and to avoid an unexcused absence, please inform your Chair, Vice Chair and staff ASAP or no later than 11:00 am next Wednesday if you will not attend next week's meeting. Thanks, Michelle Interim PC Secretary <> <> <> <> <> <> Jefferson County Planning Commission 621 Sheridan St. Port Townsend,WA 98368 360.379.4450 http://www.co.jefferson.wa.us/commdevelopment/Plan ningCommission.htm <> <> <> <> <> <> NOTE: All e-mail sent to this address will be received by the Jefferson County e-mail system and is subject to Public Disclosure under Chapter 42.56 RCW. Messages may be viewed by parties other than the intended recipient. SAVE PAPER-Please do not print this e-mail unless absolutely necessary! 2 Stacie Hoskins From: Douglas G. Mason, Attorney at Law[seahorse @olympus.net] Sent: Wednesday, May 15, 2013 4:43 PM To: Stacie Hoskins Subject: Boulton CE Attachments: Boulton CE draft 12082012 OF comments Jan18 DGM revisions 01212013ss DGM revisions 02062013 CLEAN 04032013 HIGHLIGHTED.doc Hi Stacie, Attached is a DRAFT of the conservation easement for John Boulton's farm. The Site-specific Comprehensive Plan Amendment, if approved, will allow all of the prime agricultural soils that have been farmed for decades to be permanently protected by adjusting the resource land zoning boundary to match the topography and the historic agricultural (low-lying land) and forestry land uses (sloping land). You indicated that one of the planning commissioners wanted to see how the agricultural resources will be permanently protected by the conservation easement, so I have highlighted some of the key provisions that are intended to accomplish that goal. Please make sure it is understood that this is a draft and that the terms and conditions could change based on further review by John and Jefferson Land Trust, as well as the requirements of grant funding sources. Douglas G. Mason, Attorney at Law 2404 35th Street Port Townsend WA 98368 360.643.3163 This information is intended only for the person or entity to which it is addressed and may contain confidential or privileged material. Any review, retransmission, dissemination, or other use of this information by any person or entity other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from any computer. Please consider the environment before printing this e-mail... 1 AFTER RECORDING RETURN TO: Jefferson Land Trust 1033 Lawrence St. Port Townsend, WA 98368 Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) Document Title(s) (or transactions contained therein): GRANT DEED OF CONSERVATION EASEMENT Reference Number(s) of Documents assigned or released: Additional reference numbers on page(s) of document. Grantor(s) (Last name, first name, initials) JOHN G. BOULTON ❑ Additional names are on page(s) of document. Grantee(s) (Last name first, then first name and initials) JEFFERSON LAND TRUST ❑ Additional names are on page(s) of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Ptns E 1/2 14-28-2W; ptn E '/2 NE (Tax 2) 23-28-2W; ptn NWNW (Tax 15) 24-28-2W ❑Additional legal description is on page(s) of document. Assessor's Protected Property Tax Parcel/Account Number 802141005; 802141006; 802144003; 802144009; 802141002 802133003; 802231003; 802242001 The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. 1 GRANT DEED OF CONSERVATION EASEMENT This GRANT DEED OF CONSERVATION EASEMENT ("Easement") is made by JOHN G. BOULTON, a married person dealing with his separate property, having an address of 3590 E. Quilcene Road, Quilcene WA 98376 ("Granting Owner" and "Owner"), in favor of JEFFERSON LAND TRUST, a Washington nonprofit corporation, having an address of 1033 Lawrence Street, Port Townsend WA 98368 ("Grantee"), and the United States of America ("United States") acting by and through the United States Department of Agriculture, Natural Resources Conservation Service ("NRCS"), acting on behalf of the Commodity Credit Corporation, as its interest appears herein, for the purpose of forever conserving the agricultural productivity of the property described herein and its value for resource preservation and as open space (collectively "Parties"). 1. RECITALS. 1.1.Granting Owner is the owner in fee simple of that certain real property, located in Jefferson County, Washington, and legally described in Exhibit A (Legal Description of Property) (the "Property"), which is attached hereto. This Easement concerns and restricts in perpetuity land use and activities within that portion of the Property that is legally described in Exhibit B (Legal Description of Protected Property) (the "Protected Property"), which is attached hereto. The Protected Property and its significant features, including but not limited to the Building Envelopes, as described herein, are depicted in Exhibit C (Site Map). 1.2.The Protected Property possesses significant agricultural resources, and fish and wildlife habitat values of great importance to Granting Owner, Grantee, the people of Jefferson County, and the people of the State of Washington (collectively, "Conservation Values"). The Conservation Values include, but are not limited to: protection of agricultural productivity; prime and important agricultural soils; wetland and riparian fish and wildlife habitat, including habitat for coho and other salmonid species; and scenic open space. The Protected Property abuts and is visible from United States Highway 101, a Washington State Scenic Byway, from which the general public can easily view the Protected Property, providing scenic values to the people of Washington that use this public area. 1.3.The Conservation Values are further documented in an inventory of relevant features of the Protected Property on file at the offices of Grantee and incorporated herein by this 2 reference ("Baseline Documentation"). The Baseline Documentation has been prepared by Grantee and consists of reports, maps, photographs, and other documentation that Granting Owner and Grantee agree provide, collectively, an accurate representation of the Protected Property at the time of this grant and which is intended to serve as an objective information baseline for monitoring compliance with the terms of this grant. The Parties acknowledge that the Baseline Documentation, as signed by the Parties, is complete and accurate as of the date of this Easement. The Parties further agree that within three months of the execution of this Easement, a collection of additional Baseline Documentation may be compiled by Grantee, and, upon signing by the Parties to indicate their review and approval of such additional Baseline Documentation, incorporated into this Easement by this reference. Failure to timely compile the additional Baseline Documentation shall not affect the enforceability of this Easement or any of its provisions. The Baseline Documentation may be used to establish that a change in the use or condition of the Protected Property has occurred, but its existence shall not preclude the use of other evidence to establish the condition of the Protected Property as of the date of this Easement. Grantee may use the Baseline Documentation in enforcing provisions of this Easement, but is not limited to the use of the Baseline Documentation to show a change in the use or condition of the Protected Property. 1.4.The legislatively declared policies of the State of Washington in the Washington State Open Space Tax Act, Chapter 84.34 RCW ("OSTA"), provide that "it is in the best interest of the state to maintain, preserve, conserve, and otherwise continue in existence adequate open space lands for the production of food, fiber and forest crop, and to assure the use and enjoyment of natural resources and scenic beauty for the economic and social well being of the state and its citizens." Under the OSTA, lands eligible for preferential real property tax treatment include lands such as the subject Protected Property where the preservation in its present use would conserve and enhance natural resources and open space. Pursuant to this legislative directive, Jefferson County has adopted an Open Space Tax Program, Resolution No. 82-91, that recognizes the importance of and provides preferential tax treatment for the following natural and scenic resources that occur on the Protected Property: streams, stream and wildlife corridors, wetlands, floodplain and aquifers; prime farmland soils; unique and critical wildlife habitat for endangered salmonids and other species; opportunities to promote conservation principles by example and through education; and enhancing the public benefits associated with Andrews Creek. 1.5.The Parties intend that the Conservation Values be preserved and maintained in perpetuity by permitting only those land uses on the Protected Property that do not impair or interfere with the Conservation Values. 1.6.Granting Owner, as sole owner in fee of the Protected Property, has the right to protect and preserve the Conservation Values, and desires and intends to transfer such rights to Grantee in perpetuity. 1.7.Grantee is a publicly supported, tax-exempt nonprofit organization, qualified under Sections 501(c)(3) and 170(h) of the Internal Revenue Code of 1986, as amended, and also qualified as a nonprofit nature conservancy corporation under Sections 64.04.130 and 84.34.250 of the Revised Code of Washington, one of whose principal purposes is to acquire, hold, preserve, and dispose of land, easements, leases, or other rights or 3 interests in land, or improvements to land, in Jefferson County, Washington, in order to protect natural areas and ecologically significant land for scientific, educational, and charitable purposes for the benefit of the public. 1.8. Under the authority of the Farm and Ranch Lands Protection Program, (16 U.S.C. Sections 3838h and 3838i), the United States Department of Agriculture's Natural Resources Conservation Service has provided on behalf of the Commodity Credit Corporation $207,000 to Grantee for the acquisition of this Easement, entitling the United States to the rights identified herein as a Grantee. This Easement is acquired in part with a grant from the Jefferson County Conservation Futures Fund in the amount of $69,000. 1.9.Grantee agrees by accepting this grant to honor the intention of Granting Owner as stated in this instrument and to preserve and to protect in perpetuity the Conservation Values of the Protected Property for the benefit of those now living and those as yet unborn. 2. CONVEYANCE AND CONSIDERATION. 2.1. For the reasons stated above, in consideration of a cash payment, the receipt of which is hereby acknowledged, and in further consideration of the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the laws of Washington, in particular RCW 64.04.130 and RCW 84.34.210, Granting Owner hereby grants, conveys, and warrants, to Grantee a conservation easement in perpetuity over the Protected Property, consisting of the rights in the Protected Property, hereinafter enumerated, subject only to title matters of record as of the effective date of this instrument ("Easement"). 2.2.Granting Owner believes that the amount of the cash payment received is less than the fair market value of the interest in real property conveyed hereby. Granting Owner reserves the right to claim a federal income tax deduction based on the difference between the cash payment received and the fair market value of the interest conveyed. Granting Owner acknowledges that any and all costs and fees associated with claiming and substantiating the amount of any federal income tax deduction are the sole responsibility of Granting Owner. 2.3.This conveyance is a conveyance of an interest in real property under the provisions of RCW 64.04.130. 2.4.Granting Owner expressly intends that this Easement runs with the land and that this Easement shall be binding upon Granting Owner's and Grantee's successors and assigns in perpetuity. 3. PURPOSE. 3.1. Purpose. The Purpose of this Easement is to protect the Conservation Values of the Protected Property forever and prevent any use of the Protected Property that will impair or interfere with its Conservation Values. 4 3.2.Stewardship Plan. To further the Purpose of this Easement, the Parties may develop a written plan for stewardship of the Protected Property, subject to the written approval of all parties to the plan ("Stewardship Plan"). An approved Stewardship Plan that is effective as of the date of any change of ownership shall become an interim plan that will be valid for 90 days following the date of conveyance of the Protected Property. Grantee shall meet with the new owner during such 90 day period for the purpose of reviewing the approved Stewardship Plan with the new owner and determining whether such plan should be extended or revised. 3.3.Interpretation of the Easement. 3.3.1. The Parties intend that this Easement be interpreted in a manner consistent with its Purpose. 3.3.2. The Parties intend that this Easement be interpreted to confine the Owner's use of the Protected Property to such activities that are consistent with the Purpose and terms of this Easement. At the same time, the Parties intend, and this Easement is structured, to give Owner maximum flexibility and discretion to undertake activities that are consistent with the Purpose and terms of this Easement. 3.4. No Public Rights Conveyed Through Easement. The Parties acknowledge that, except as specifically provided herein, Granting Owner does not grant, expand, or extend any rights to the general public through this Easement, including without limitation, any rights of public access to, on, or across, or public use of, the Protected Property. 4. RIGHTS CONVEYED TO GRANTEE. To accomplish the Purpose of this Easement, the following rights are conveyed to Grantee by this Easement: 4.1. Protection. Grantee shall have the right to identify, protect, preserve, maintain and conserve in perpetuity and to enhance, restore, or improve by mutual agreement the Conservation Values of the Protected Property. 4.2.Access by Grantee. As provided for and limited herein, Granting Owner hereby grants to Grantee reasonable and non-exclusive access to the Protected Property at reasonable times across the Granting Owner's Protected Property solely for the purposes of fulfilling Grantee's obligations under this Easement and exercising its affirmative rights under this Easement. Specifically, Grantee shall have the right: 4.2.1. To enter upon, inspect, observe, and study the Protected Property, with such persons as Grantee may require, at mutually agreeable dates and times and upon reasonable prior notice to the Owner, for the purpose of (i) identifying the current uses and practices on the Protected Property and the condition of the Protected Property, and (ii) monitoring the uses and activities on the Protected Property to determine whether they are consistent with this Easement. 5 4.2.2. To enter upon the Protected Property, at a mutually agreeable date and time and upon prior notice to Owner, to inspect the Protected Property after major natural events occur, such as fires, windstorms, and floods. 4.2.3. To enter upon the Protected Property at such other times as are necessary if there is reason to believe that a violation of the Easement is occurring, for the purpose of enforcing the provisions of this Easement. Prior to entry, Grantee is to provide Owner notice, and describe the basis of the reasonable belief that a violation is occurring on the Protected Property. 4.2.4. Grantee is to exercise its access rights in compliance with applicable law and in a manner that will not materially disturb or interfere with Owner's reserved rights, any other person's lawful use of the Protected Property, or Owner's quiet enjoyment of the Protected Property. 4.2.5. Owner may not unreasonably withhold or delay its consent to dates and times of access proposed by Grantee. 4.3. Development Rights. Granting Owner hereby grants to Grantee all development rights except as specifically reserved herein, and the Parties agree that such rights may not be used on or transferred off of the Protected Property as it now or hereafter may be bounded or described, or to any other property adjacent or otherwise, or (except as expressly permitted herein) used for the purpose of calculating permissible lot yield or density of the Protected Property or any other property. 4.4.Injunction and Restoration. Grantee has the right to prevent, or cause Owner to prevent, any use of, or activity on, the Protected Property that is inconsistent with the Purpose and terms of this Easement, including trespasses by members of the public, and has the right to undertake or cause to be undertaken the restoration of such areas or features of the Protected Property as may be materially damaged by activities contrary to the provisions hereof, all in accordance with Section 9. 4.5. Enforcement. Grantee has the right to enforce the terms of this Easement, in accordance with Sections 8 and 9. Under this Easement, the United States is granted the right of enforcement in order to protect the public investment under the conditions set forth in Section 9.12 herein. 4.6.Assignment. Grantee has the right to assign, convey, or otherwise transfer Grantee's interest in the Protected Property in accordance with Section 13. 4.7.Signage. Grantee has the right to erect and maintain a sign or other appropriate marker on the Protected Property, bearing information indicating that the Protected Property is protected by this Easement held by Grantee. 5. PERMITTED USES 5.1 General. Granting Owner reserves for himself and his successors and assigns, any and all rights not otherwise conveyed to Grantee under this Easement and any and all uses 6 of, or activities on, the Protected Property that are not inconsistent with the Purpose and terms of this Easement, and that are not prohibited herein. Without limiting the generality of the foregoing, Granting Owner specifically reserves for himself and his successors and assigns the following uses and activities, which are to be considered permitted uses and activities under the Easement. 5.2 Agricultural Activities. Owner may engage in, and allow others to engage in, Agricultural Activities (as defined below) as further provided for and limited in this paragraph. As used herein, "Agricultural Activities" shall mean the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products, including but not limited to crops commonly found in the community surrounding the Protected Property, field crops, fruits, vegetables, horticultural specialties, livestock or livestock products, or the commercial production of berries, grain, hay, straw, turf, seed, or Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, and all conditions and activities occurring on a farm in connection with such commercial production, including, but not limited to, marketed produce at roadside stands or farm markets; noise; odors; dust; fumes; operation of machinery and irrigation pumps; movement, including, but not limited to, use of current county road ditches, streams, canals, and drains, and use of water for agricultural purposes; extraction and removal of soil and peat to be used in connection with the potting of plants raised within the Protected Property; ground application of seed, fertilizers, conditioners, and plant protection products; employment and use of labor; roadway movement of equipment and livestock; protection from damage by wildlife; prevention of trespass; and construction and maintenance of agricultural buildings, fences, roads, bridges, and similar features, as well as restoration and maintenance of streambanks, watercourses, and wetland ponds. Owner may accumulate and store ashes, garbage, or other waste on the Protected Property only if such accumulation occurs as a necessity in the normal course of domestic or Agricultural Activities on the Protected Property. Owner may take corrective or preventative action when the Conservation Values of the Protected Property are endangered or threatened by the presence or unintended introduction of noxious weeds, disease organisms, pests, or other biological or chemical agents that would tend to reduce the productive agricultural capacity of the Protected Property. Agricultural Activities shall also include such "Accessory Uses," as defined in RCW 36.70A.177(3)(b), that are related to the permitted Agricultural Activities on the Protected Property, that maintain the primacy of, and are subordinate to, the farmland character and use of the Protected Property, that are compatible with the Conservation Values, and that provide supplemental income. All Agricultural Activities shall be carried out in accordance with applicable law, including without limitation Jefferson County Code 18.10.010 A, and in compliance with the Purpose and terms of this Easement. Owner retains discretion over the specific character and content of the agricultural management decisions and practices necessary to identify, protect, preserve, maintain, and conserve in perpetuity and to enhance, restore, or improve the Conservation Values consistent with the Purpose and terms of this Easement and any approved Stewardship Plan. 5.3 Customary Rural Enterprises. Grantor may establish and carry out customary rural enterprises, provided said activities are compatible with the Purpose of this Easement and agriculture uses of the Protected Property and are subordinate to the agricultural 7 and residential use of the Protected Property. The enterprises must be conducted in the buildings required for the agricultural use of the Protected Property or the residences in which employees or family members of the farm reside. Examples of rural enterprises include but are not limited to, home occupations or cottage industries, educational programming, professional offices within the home, child- care facilities, nonprofit work, bed and breakfast lodging, craft production, and firewood distribution. Enterprises which market petroleum or chemical products are prohibited. Enterprises that require their own buildings are generally prohibited unless they are needed to maintain the viability of the agricultural operation and enterprise. 5.4 Stewardship Activities. Owner may engage in, and allow others to engage in, any activity to monitor, protect, maintain, and restore the Conservation Values, including, without limitation, habitat restoration, enhancement and management activities ("Habitat Activities"), pursuant to an approved Stewardship Plan covering the Protected Property and agreed to by the parties to the approved Stewardship Plan. All Habitat Activities, as well as all other activities undertaken on the Protected Property pursuant to an approved Stewardship Plan are to be carried out in compliance with the Purpose and terms of this Easement. 5.5 Water Rights. The Parties agree that any and all adjudicated and unajudicated Water Rights associated with the Protected Property, whether appropriative or riparian, including but not limited to ditches and ditch rights, springs and spring rights, reservoir and reservoir rights, wells and groundwater rights, water allotments, units or shares, memberships, shares, or rights to receive water from any water company, ditch company, or irrigation district, permits, certificates, or claims under RCW Chapter 90.14, and any other types of rights related to the ownership of water, appurtenant to or customarily or historically used or associated with or upon the Protected Property, must be maintained on the Protected Property to ensure the protection of the Conservation Values and Habitat Values. Owner may exercise the Water Rights by putting them to any beneficial use that is not inconsistent with the Purpose and terms of this Easement, and that is not prohibited herein; Owner may not divert or withdraw water from Andrews Creek. Grantor shall not abandon, relinquish, or otherwise lose or forfeit, by action or inaction, any of the Water Rights. Grantor shall take affirmative actions to avoid such abandonment, relinquishment, loss, or forfeiture, including but not limited to the following: (i) exercising the Water Rights by putting them to beneficial use in accordance with Chapter 90.14 RCW; (ii) seeking to place or enroll the Water Rights in the Washington State trust water rights program on a temporary basis, provided that any acquisition of the Water Rights by the State shall be expressly conditioned to limit its use to instream purposes and its duration to a term no longer than 10 years; or (iii) seeking to lease the Water Rights for use on land other than the Protected Property for a term no longer than 10 years, with prior written notice to and consent of Grantee, after obtaining approval in accordance with RCW 90.03.380, 90.03.383, 90.03.390, or 90.44.100 for a temporary transfer or change of the Water Rights; provided, however, that any such lease shall require the lessee to make beneficial use of the Water Rights in accordance with Chapter 90.14 RCW and for Agricultural Activities only (collectively "Water Rights Maintenance Actions"). If Grantor is unable to take the Water Rights Maintenance Actions and the Water Rights are under threat of abandonment, relinquishment, loss, or forfeiture, Grantor shall convey ownership of said Water Rights to Grantee for Grantee's use in order to maintain the opportunity for agricultural activity 8 on the Protected Property or elsewhere in Jefferson County. Any relinquishment, loss, or forfeiture of the Water Rights shall not be deemed or construed to be a waiver of Grantee's rights under this Easement or to defeat the Purpose of this Easement, and shall not otherwise impair the validity of this Easement or limit its enforceability in any way. Owner may maintain, repair, and if destroyed, reconstruct any existing facilities relating to the Water Rights (such as ditches, wells, and reservoirs) with notice to Grantee as provided for in Section 7, provided that such activities are carried out in compliance with the Purpose and terms of this Easement. 5.6 Designation and Limitations on Building Envelope Improvements. There shall be no more than three (3) building envelopes within the Protected Property. Portions of the Protected Property, as shown on Exhibit C herein, are designated the "Building Envelopes" for Agricultural and Non-Agricultural uses and structures. Subject to the limitation on Impervious Surfaces, wind, solar, or other alternative energy systems may be installed within a Building Envelope primarily for the purpose of generating energy for the agricultural and residential needs of the Protected Property, and may include foundations, concrete pads and footings; wind turbine units; photovoltaic panels, guy wires, support fixtures, anchors and fences; buildings needed for maintenance of wind turbine or other alternative energy production units and maintenance and storage of related equipment; electrical transformers and energy storage facilities; electric transformers, electric distribution and transmission towers and lines either above ground or underground; substations or switching facilities for the purpose of connecting to transmission system; private roads providing access from public roads to the energy facilities; and any other items necessary to the successful and secure use of any area of the Protected Property within the Building Envelope for the production of wind, solar, or other alternative source of energy. Outside the Building Envelopes, any structure must be reasonably necessary for Agricultural Activities (excluding Accessory Uses), in compliance with the total impervious surface limit of Section 6.3, and any such structure may not permanently impair the availability of the soil for agriculture. No Structure outside a Building Envelope may utilize a concrete slab, poured concrete foundation, or similar components that would inhibit returning the soil to Agricultural Activities if the structure is removed. 5.7 Agricultural Ponds and Water Distribution. Owner, with notice to Grantee as provided in Section 7, may restore or construct ponds and distribution systems for such ponds in accordance with an approved Stewardship Plan for use in connection with Agricultural Activities. 5.8 Recreational or Educational Use. Owner may engage in, and allow others to engage in, recreational or educational activities on the Protected Property. Recreational uses are limited to low-impact uses and types of passive recreation that do not require site modification to accommodate motorized, mechanical, or electronic accessories. All forms of developed or commercial recreation or recreation that adversely impact the Conservation Values are prohibited. All recreational and educational activities on the Protected Property must be carried out in compliance with the Purpose and terms of this Easement. 5.9 Grantor may engage in, and allow others to engage in, Forestry Activities (as defined below), as further provided for and limited in this Section. As used herein, "Forestry 9 Activities" shall mean the production of timber and other forest resource products and all conditions and activities occurring on forest resource lands in connection with such production, for Grantor's personal use or for commercial sales, including without limitation, noise; odors; dust; fumes; operation of machinery; milling of timber harvested on the Property for Grantor's personal use; ground and aerial application of seed, fertilizers, conditioners, and plant protection products; employment and use of labor; roadway movement of equipment and products; protection from damage by wildlife; prevention of trespass; and construction and maintenance of fences, roads, bridges, ponds, drains, waterways, and similar features and maintenance of streambanks and watercourses. Grantor may remove trees when required for safety, fire protection, salvage purposes, pest control, disease control, restoration, domestic use, or as necessary to benefit Agricultural Activities. All Forestry Activities shall be carried out in accordance with applicable law, in compliance with the Purpose and terms of this Easement, and in accordance with an approved Stewardship Plan. 5.10 Emergencies. Owner may undertake any activities that are necessary to protect health or safety or prevent significant property damage on the Protected Property or are required by and subject to compulsion of any governmental agency; provided, however, that Owner must first reasonably attempt to notify Grantee prior to taking such action. If Grantee cannot provide consent, with or without conditions, within such time as is reasonable under the circumstances, Owner may proceed with such action without consent. 6. PROHIBITED USES AND RESTRICTIONS ON PERMITTED USES 6.1. General. Any use of, or activity on, the Property inconsistent with the Purpose or other terms of the Easement is prohibited, and Owner acknowledges and agrees that it will not conduct, engage in, or permit any such use or activity. Without limiting the generality of the foregoing, the following uses of, or activities on, the Property are either (a) inconsistent with the Conservation Values and Purpose of this Easement and prohibited herein or (b) limited as provided herein to make such uses or activities consistent with the Conservation Values and Purpose of this Easement. 6.2. No Conversion to Incompatible Uses. Owner shall not convert the Property to industrial or suburban/residential development or to any other use that is incompatible with maintaining the opportunity for agricultural activity on the Property. 6.3. Limitations on Subdivision. Owner shall not legally or in a "de facto" manner subdivide the Property, which shall include, but not be limited to, any subdivision, short subdivision, platting, binding site plan, testamentary division, or other process by which the Property is divided into lots provided, however, that Owner hereby specifically reserves the right to subdivide Assessor's Tax Parcel Numbers X and Y, as existing on the effective date of this Easement, along a boundary legally described as: XXXXXXXXXXXX and further provided that any such subdivision may not alter the total land area covered by this Easement. 6.4. Use of Motor Vehicles. Owner may not use motor vehicles on the Protected Property or grant permission for such use except as necessary in the accomplishment of the agricultural, forestry, habitat management, law enforcement and public safety, or other 10 permitted uses of the Protected Property, provided that no use of motorized vehicles may create impacts that are detrimental to the productivity of the soils on the Protected Property and the purposes of this Easement; however, notwithstanding the foregoing, use of snowmobiles on snow is allowed on the Protected Property 6.6. Limitations on Agricultural Use. 6.6.1. The establishment or maintenance of a commercial feedlot is prohibited. For purposes of this Easement, a commercial feedlot is defined as a permanently constructed confined area or facility within which the land is not grazed or cropped annually, and that is used to receive livestock that are confined solely for the purpose of growing or finishing. However, seasonal confinement of animals raised on the Protected Property and year-round confinement for the commercial production of dairy products on the Protected Property are expressly permitted. Furthermore, nothing in this Section shall prevent Owner from leasing pasture for the grazing of livestock owned by others. 6.6.2. Owner shall not engage in, or permit others to engage in, the commercial production of cultivated marine or freshwater aquatic products on the Property without the consent of Grantee. 6.7. Limitations on Improvements. Owner may build or rebuild Improvements only in a manner consistent with the following absolute limit on Impervious Surfaces (as defined below) and other Improvement-related limitations: 6.7.1. Impervious Surfaces Limitation. 6.7.1.1. As used herein, "Impervious Surfaces" means hard surface areas that either prevent or retard the entry of water into the soil mantle as under natural conditions before development or that cause water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions before development. Impervious Surfaces include, but are not limited to, roofs, walkways, patios, driveways, parking lots, storage areas, areas that are paved or made of packed or oiled earthen materials, or other surfaces that similarly impede the natural infiltration of surface and storm water. Impervious Surfaces do not include an open uncovered flow control or storage area or water quality treatment facility, provided that the construction and maintenance of such area or facility is consistent with the Purpose and terms of this Easement. 6.7.1.2. The total area of the Property covered by Improvements of any kind and Impervious Surfaces shall be limited to no more than two percent (2%) of the area of the Protected Property; provided, however, that minor unenclosed agricultural improvements such as corrals, hayracks, headgates, fences, ditches, culverts, stock tanks, or other minor agricultural structures ("Minor Agricultural Improvements") may be constructed or placed on the Property and not count against this total impervious surface limit. The total area covered by gravel shall be subject to this 2% limitation unless Owner obtains prior consent from Grantee as provided in Section 7 to increase the 11 percentage of total surfaces covered by gravel above the 2% limitation; provided, however, that the total amount of gravel shall never exceed six percent (6%) of the total area of the Property. 6.7.2. Limitations on Building Envelope Improvements 6.7.2.1. Building Envelope Improvements for Agricultural Activities. For all Agricultural Activities within the Building Envelopes described and shown on the site map, Exhibit C, Owner may expand or enlarge Improvements existing on the Protected Property as of the Effective Date of this Easement and may install, build or construct, expand, enlarge, maintain, repair, replace, or decommission Improvements not existing as of the Effective Date of this Easement 6.7.2.2. Building Envelope Improvements for Nonagricultural Activities. For personal and domestic uses and activities and other nonagricultural activities within the Building Envelopes, Owner may expand or enlarge Improvements existing on the Property as of the Effective Date of this Easement and may install, build or construct, expand, enlarge, maintain, repair, replace or decommission Improvements not existing as of the Effective Date of this Easement if Owner provides Grantee advance written notice of the proposed Improvements and consent is given by Grantee for such Improvements as provided for in Section 7; provided, however, that the following shall require notice but shall not require consent: wind or solar energy installations within the Building Envelopes, in compliance with the total impervious surface limit of Section 6.6.1, which may include foundations, concrete pads and footings; wind turbine or solar energy units; guy wires, support fixtures, anchors and fences; buildings needed for maintenance of wind turbine or solar energy units and maintenance and storage of related equipment; electrical transformers and energy storage facilities; electric transformers, electric distribution and transmission towers and lines either above ground or underground; substations or switching facilities for the purpose of connecting to a transmission system; private roads providing access from public roads to the wind energy facilities; and any other items necessary to the successful and secure use of any area of the Protected Property within the Building Envelopes for the production of wind or solar energy. 6.7.3. Limitations on New Improvements Outside the Building Envelopes 6.7.3.1. Outside the Building Envelopes, Owner shall not expand or enlarge Improvements existing on the Property as of the Effective Date or install, build, or construct Improvements not existing as of the Effective Date, unless such Improvements are consented to in writing in advance by Grantee as provided for in Section 7 and such Improvements are either (a) Temporary in nature (present on the Property for less than one year); or (b) Reasonably necessary for Agricultural Activities (excluding Accessory Uses) in compliance with the total impervious surface limit of Section 6.6.1; provided, however, that Owner may expand or enlarge Minor Agricultural Improvements without providing such notice or receiving such consent. 12 6.7.3.2. Nonagricultural Accessory Uses shall not be located outside the Building Envelopes and shall not otherwise convert more than one acre of agricultural land to nonagricultural uses. 6.7.4. Limitations on Improvements Related to Advertising. Commercial signs, billboards, or other improvements installed, built or constructed for the purpose of advertising nonagricultural activities or products are not allowed on the Protected Property, except in connection with the sale or lease of the Protected Property or to state the conditions of access to the Protected Property. Signage consistent with the character of a working farm, and for Agricultural Activities, is allowed on the Property. 6.8. Limitations on Mining: Owner shall not conduct, engage in, or permit the commercial mining or commercial extraction of soil, sand, gravel, oil, natural gas, fuel, or any other mineral substance, using any surface mining method. Owner may conduct or engage in mineral extraction if such extraction is not accomplished by any surface mining method and the method of extraction has a limited, localized impact on the land that does not damage, impair or endanger the Conservation Values of the Protected Property. No extraction permitted pursuant to this Section shall occur without prior written notice to and consent of Grantee as provided for in Section 7. Notice shall include a description of the type of extraction, the areas within which such extraction shall occur, and the anticipated impact thereof. 6.9. Limitations on Alteration of Land. Owner shall not alter the surface of the land, including, without limitation, grading, excavating, or removing soil, sand, gravel, rock, stone, aggregate, peat, or sod, except as provided below. 6.9.1. Notwithstanding anything in this Section or Section 6.7 to the contrary, soil, sand, gravel, rock, stone, aggregate, peat or sod may be extracted without further consent from Grantee so long as such extraction is solely for use on the Protected Property, is in conjunction with permitted Agricultural Activities, is revegetated promptly after extraction is complete, and is accomplished in a manner that is consistent with the Purpose and terms of this Easement. 6.10. No Significant Erosion or Pollution: Owner shall not engage in any use or activity that causes or is likely to cause significant soil degradation or erosion or significant contamination or pollution of any soils or surface or subsurface waters on the Property. 6.11. Limitations on Waste Disposal. 6.11.1. Owner may accumulate and store ashes, garbage or other waste ("Trash") on the Property only if such accumulation occurs in the normal course of domestic or Agricultural Activities on the Property. Long-term accumulation of Trash (i.e., exceeding one calendar year in time) may occur within areas designated by Owner with prior notice to and written consent of Grantee as long as such waste is either destined for transfer off-site, or, in the case of biodegradable material, composted on-site. 13 6.11.2. Owner shall not otherwise dispose of or Release (or permit the disposal or release of) any Hazardous Substance on the Property. The term "Release" shall mean any release, generation, treatment, disposal, dumping, burying, or abandonment. The term "Hazardous Substance" shall mean any substances, materials, or wastes that are hazardous, toxic, dangerous, or harmful or are designated as, or contain components that are, or are designated as, hazardous, toxic, dangerous, or harmful and/or which are subject to regulation as hazardous, toxic, dangerous, or harmful or as a pollutant by any federal, state, or local law, regulation, statute, or ordinance, including, but not limited to, petroleum or any petroleum product. The term "Hazardous Substances" shall not include biosolids, herbicides, pesticides, rodenticides, insecticides, and fertilizers applied in accordance with federal, state, and local law. Any storage of Hazardous Substances shall be in accordance with federal, state, and local law. 6.12. Compliance with Regulatory Requirements. Owner shall conduct all reserved and permitted uses and activities under this Easement to meet all requirements of federal, state, and local statutes, rules, and regulations as they may be amended from time to time. 6.13. Limitation on Transfers. 6.13.1. For purposes of this Section, "Transfer" includes but is not limited to any sale, grant, lease, hypothecation, encumbrance, assignment, conveyance, or any transaction the purpose of which is to effect a sale, grant, lease, hypothecation, encumbrance, assignment, or conveyance. 6.13.2. Except as provided in Section 6.14.3, Owner shall not undertake or permit any Transfer of any rights in the Property without prior notice to and consent of Grantee as provided for in Section 7; provided, however, that such consent shall not be withheld unless Grantee determines that the proposed Transfer would be inconsistent with the Purpose and terms of this Easement. 6.13.3. The following shall require notice to but shall not require consent of Grantee: i) Any mortgage, deed of trust, or similar document providing security for an indebtedness of Owner, provided that such security interest shall be subject and subordinate to this Easement; ii) leases for telecommunications installations or wind energy installations within the Building Envelopes, as provided for in Section 6.6.2.2; iii) temporary transfers or leases of the Water Rights pursuant to Section 6.4.3; or iv) any gift, bargain, sale or devise of fee simple absolute title to the Property. 7. NOTICE AND CONSENT 7.1.Notice. 7.1.1.1. Grantee. Certain provisions of this Easement require Grantee to give notice to Owner prior to undertaking certain activities. Whenever such notice is 14 required, and no other timeline for notice is set forth elsewhere in this Easement, Grantee is to provide such notice in writing not less than 30 days prior to the date Grantee intends to undertake the use or activity in question. 7.1.1.2. Owner. Certain provisions of this Easement require Owner to give notice to Grantee prior to undertaking certain permitted uses and activities (e.g., Sections 5.4, 5.5, 5.6, 6.17.2, and 6.17.3). The purpose of requiring Owner to notify Grantee prior to undertaking these permitted uses and activities is to afford Grantee an adequate opportunity to ensure that the use or activity in question is designed and carried out in a manner consistent with the Purpose of this Easement. Whenever such notice is required, and no other timeline for notice is set forth elsewhere in this Easement, Owner is to provide such notice in writing not less than 30 days prior to the date Owner intends to undertake the use or activity in question. The notice is to describe the nature, scope, design, location, timetable, and any other material aspect of the proposed use or activity in sufficient detail to permit Grantee to make an informed judgment as to its consistency with the terms of this Easement and the Purpose thereof. 7.2. Consent. 1.1.1. Consent Not Unreasonably Withheld. Wherever in this Easement a Party's consent is required, such consent may be withheld only upon a reasonable determination by the consenting party that the action as proposed would be inconsistent with the Purpose or terms of this Easement and cannot be modified to make the proposed action consistent with the Purpose and terms of this Easement. Any consent may include reasonable conditions consistent with the Purpose and terms of this Easement that must be satisfied in undertaking the proposed action, use, or activity. 1.1.2. Timeline for Consent. Whenever in this Easement Owner's or Grantee's consent is required, and no other timeline for consent is set forth elsewhere in this Easement, the party whose consent is required must grant or withhold its consent in writing within the following time periods: 1.1.1.1. Owner. Where consent by Owner is required under this Easement, Owner must either grant or withhold its consent within 30 days of receipt of a written request for consent. 1.1.1.2. Grantee. Where consent by Grantee is required under this Easement, Grantee must either grant or withhold its consent within 30 days of receipt of a written request for consent. 1.1.1. Failure to Grant or Deny Consent Within the Required Time. When consent is required under this Easement, and when such consent is not granted or denied within the time period and manner set forth in this Section 7, the party requesting consent may conclusively assume the other party's consent of the proposed action, use, or activity in question. The Parties agree that failure to grant or withhold consent within the required time on any proposed action, use or activity shall not be deemed or construed to be a waiver of Grantee's rights under this Easement with respect to any future proposed action, use or activity. 15 7.3. Optional consultation. If Owner is unsure whether a proposed use or activity is prohibited by this Easement, Owner may consult Grantee by providing written notice to Grantee describing the nature, scope, design, location, timetable, and any other material aspect of the proposed use or activity in sufficient detail to permit Grantee to make an informed judgment as to its consistency with the Purpose of this Easement and to provide comments thereon to Owner. This Section 7.3 does not itself impose a requirement of prior consent of the activity described in any such notice. 7.4.Addresses for Notices. Any notice, demand, request, consent, approval, or communication that either Owner or Grantee desires or is required to give to the other must be in writing and be personally delivered, or sent by first class mail with postage prepaid, or transmitted by electronic means, with a copy of such electronic transmittal bearing the date of transmittal retained by the transmitter, to the address or telephone number provided by either party from time to time. To Owner: John Boulton 3590 E. Quilcene Road Quilcene WA 98376 Telephone: (360) 301-3015 To Grantee: Jefferson Land Trust 1033 Lawrence Street Port Townsend WA 98368 Telephone: (360) 379-9501 Fax: (360) 379-9897 To United States: Natural Resources Conservation Service 316 West Boone Avenue, Suite 450 Spokane WA 99201 Telephone: 8. DISPUTE RESOLUTION 8.1.Preventive Discussions. Owner and Grantee will promptly give the other notice of problems or concerns arising in connection with the other's actions under this Easement or the use of or activities or conditions on the Protected Property, and will meet as needed, but no later than 15 business days after receipt of a written request for a meeting, to minimize the same. 8.2. Mediation. If the Parties disagree as to the consistency of any proposed use or activity with the Purpose or terms of this Easement and the Parties are unable to resolve such disagreement through unassisted preventive discussions between themselves, and if Owner agrees not to proceed with the use or activity pending resolution of the dispute, Owner or Grantee may refer the dispute to mediation by request made in writing upon the other. Within ten business days of the receipt of such a request, the parties to the mediation ("Mediation Parties") shall select a single impartial mediator. Mediation shall then proceed in accordance with the following guidelines: 16 8.2.1. Purpose. The purpose of the mediation is to: (i) promote discussion among the Mediation Parties; (ii) assist the Mediation Parties to develop and exchange pertinent information concerning the issues in dispute; and (iii) assist the Mediation Parties to develop proposals which enable them to arrive at a mutually acceptable resolution of the controversy. The mediation is not intended to result in any express or de facto modification or amendment of the terms, conditions or restrictions of this Easement. 8.2.2. Participation. The mediator may meet with the Mediation Parties and their counsel jointly or ex parte. The Mediation Parties agree that they will participate in the mediation process in good faith and expeditiously, attending all sessions scheduled by the mediator. Representatives of all Mediation Parties with settlement authority will attend mediation sessions as requested by the mediator. 8.2.3. Confidentiality. All information presented to the mediator shall be deemed confidential and shall be disclosed by the mediator only with the consent of the Mediation Parties or their respective counsel. The mediator shall not be subject to subpoena by any party. No statements made or documents prepared for mediation sessions shall be disclosed in any subsequent proceeding or construed as an admission of a party. Records of mediation communications shall be exempt from the requirements of Chapter 42.56 RCW (Washington State Public Records Act) to the extent provided for in Chapter 7.07 RCW (Washington State Uniform Mediation Act). 8.2.4. Time Period. Neither party shall be obligated to continue the mediation process beyond a period of 60 days from the date of receipt of the initial request or if the mediator concludes that there is no reasonable likelihood that continuing mediation will result in a mutually agreeable resolution of the dispute. 8.2.5. Costs. The costs of the mediator shall be borne equally by the Parties; the Mediation Parties shall bear their own expenses, including attorney's fees, individually. 8.3. Arbitration. The Parties may by mutual agreement submit disputed matters to arbitration upon such rules of arbitration as the Parties may agree. 9.GRANTEE'S REMEDIES 9.1. Notice of Non-Compliance. If Grantee determines that Owner is in violation of the terms of this Easement or that a violation is likely to occur, Grantee shall give written notice to Owner of such violation and demand corrective action sufficient to cure the violation and, where the violation involves injury to the Protected Property resulting from any use or activity inconsistent with the Purpose or terms of this Easement, to restore the portion of the Protected Property so injured to its prior or potential condition in accordance with a plan to which Grantee has given consent in writing. 9.2.Owner's Failure to Respond. Grantee may bring an action as provided in Section 9.3 if Owner: 17 9.2.1. Fails to cure the violation within 30 days after receipt of notice thereof from Grantee; 9.2.2. Under circumstances where the violation cannot reasonably be cured within the 30 day period, fails to begin curing such violation within the 30 day period; or 9.2.3. Fails to continue diligently to cure such violation until finally cured. 9.3. Grantee's Action. Grantee may bring an action at law or in equity, or both, in a court of competent jurisdiction to enforce the terms of this Easement, to enjoin the violation, ex parte as necessary and as allowed under the applicable civil rules, by temporary or permanent injunction, to recover any damages to which it may be entitled for violation of the terms of this Easement or injury to any of the Conservation Values protected by this Easement, including damages for the loss of any of the Conservation Values; and to require the restoration of the Protected Property to the condition that existed prior to any such injury. Without limiting Owner's liability therefor, Grantee, in its sole and absolute discretion, may apply any damages recovered to the cost of undertaking any corrective action on the Protected Property. All such actions for injunctive relief may be taken without Grantee being required to post bond or provide other security. 9.4.Immediate Action Required. Notwithstanding any other provision of this Easement, if Grantee, in its sole and absolute discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the Conservation Values, Grantee may pursue its remedies under this Section 9 without prior notice to Owner, without participation in dispute resolution as provided for in Section 8, or without waiting for the period provided for cure to expire. 9.5.Nature of Remedy. Grantee's rights under this Section 9 apply equally in the event of either actual or threatened violations of the terms of this Easement. Owner agrees that Grantee's remedies at law for any violation of the terms of this Easement are inadequate, and that Grantee shall be entitled to the injunctive relief described in this Section 9 both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this Section 9 shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. No provision of Section 9 may be interpreted to preclude Grantee from obtaining injunctive relief. 9.6. Damages. Inasmuch as the actual damages to the Conservation Values that could result from a breach of this Easement by Owner would be impractical or extremely difficult to measure, the Parties agree that the money damages Grantee is entitled to recover from Owner shall be, at Grantee's election, the higher of: (i) the amount of economic gain realized by Owner from violating the terms of the Easement; (ii) the cost of restoring any Conservation Values that have been damaged by such violation; (iii) an amount equal to the fair market value of this Easement, which shall be determined as provided in Section 11.3 and distributed as provided in Section 11.4; or (iv) an amount 18 equal to the total project cost as specified in any written agreement with an entity that provided funding for the acquisition of this Easement, with interest due and payable from the date of breach at the rate provided for in RCW 43.17.240, as may be amended from time to time. In the event Grantee chooses the second of these four measures, Owner agrees to allow Grantee, its agents or contractors to enter upon the Protected Property and conduct restoration activities. In the event that Grantee chooses the third or fourth of these four measures, Grantee agrees that it will follow the dispute resolution process and remedies described in Sections 8 or 9 before exercising this right, unless legally compelled to do otherwise. Any amounts due and owing Grantee under this paragraph shall be due and owing within 120 days of receiving a written demand for repayment by Grantee. 9.7.Costs of Enforcement. In the event Owner or Grantee finds it necessary to bring an action at law or other proceeding against the other party to enforce or interpret any of the terms, covenants, or conditions of this Easement, the prevailing party in any such action or proceeding shall be paid all costs and reasonable attorneys' and consultants' fees by the other party and all such costs and attorneys' and consultants' fees shall be included in any judgment secured by such prevailing party. 9.8.Grantee's Discretion. Enforcement of the terms of this Easement shall be at the discretion of the Grantee, and any forbearance by Grantee to exercise its rights under this Easement in the event of any breach of any terms of this Easement by Owner shall not be deemed or construed to be a waiver by Grantee of such term or of any of Grantee's rights under this Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Owner shall impair such right or remedy or be construed as a waiver. 9.9.Waiver of Certain Defenses. Granting Owner acknowledges that it has carefully reviewed this Easement and has consulted with and been advised by legal counsel of its terms and requirements. In full knowledge of the provisions of this Easement, Owner hereby waives any claim or defense it may have against Grantee or its successors in interest under or pertaining to this Easement based upon abandonment, adverse possession, or prescription relating to the Protected Property or this Easement. Except for the foregoing, Owner specifically retains any and all rights it has under the law as owner of the Protected Property, including, without limitation, the right to bring claims against Grantee for any breach by Grantee of the terms of this Easement. 9.10. Acts Beyond Owner's Control. Nothing contained in this Easement shall be construed to entitle Grantee to bring any action against Owner to abate, correct, or restore any condition on the Protected Property or to recover damages for any injury to or change in the Protected Property resulting from actions by a trespasser upon the Protected Property or causes beyond Owner's control, including, without limitation, natural disaster, fire, flood, storm, pest infestation, earth movement, and climate change, and from any prudent action taken by Owner under emergency conditions to prevent, abate, or mitigate significant injury to the Protected Property resulting from such causes. In the event the terms of this Easement are violated by acts of trespassers, and Owner has not undertaken suit itself, Owner agrees, at Grantee's option, to assign its right of action to Grantee or to appoint Grantee its attorney in fact, for purposes of pursuing enforcement action against the responsible parties. 19 9.11. Compliance Certificates. Upon request by Owner, Grantee shall, as soon as possible and no later than 30 days after receipt of such request, execute and deliver to Owner any document, including an estoppel certificate, which certifies, to the best of Grantee's knowledge, Owner's compliance or lack thereof with any obligation of Owner contained in this Easement and otherwise evidences the status of this Easement as requested by Owner. Such certification shall be limited to the condition of the Protected Property as of Grantee's most recent inspection. If Owner requests more current documentation, Grantee shall conduct an inspection, at Owner's expense, within 45 days of receipt of Owner's written request and payment therefor 9.12. United States Right of Enforcement. Under this Easement, the United States is granted the right of enforcement in order to protect the public investment. The Secretary of the United States Department of Agriculture (the Secretary) or his or her assigns, on behalf of the United States, may exercise this right of enforcement under any authority available under federal or state law if Grantee, or its successors or assigns, fails to enforce any of the terms of this Easement, as determined in the sole discretion of the Secretary. 10.LIABILITIES, TAXES, AND ENVIRONMENTAL COMPLIANCE 10.1. Liabilities and Insurance. Owner retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Protected Property, including the maintenance of any insurance coverage desired by Owner. The Parties release and relieve the other, and waive their entire right to recovery for loss or damage to the extent that the loss or damage is covered by the injured party's insurance. This waiver applies whether or not the loss is due to the negligent acts or omissions of Owner or Grantee. Owner remains solely responsible for obtaining any applicable governmental permits and approval for any construction or other activity or use permitted by this Easement, and all such construction or other activity or use shall be undertaken in accordance with all applicable federal, state, and local laws, regulations, and requirements. Owner shall keep the Protected Property free of any liens arising out of any work performed for, material furnished to, or obligations incurred by Owner; provided, however, that the Protected Property shall be deemed to be free of such liens if (i) Owner or Grantee, as the case may be, is diligently challenging the application of such liens to the Protected Property; or (ii) such liens are subordinated to this Easement and do not require any action or inaction inconsistent with the Purpose and terms of this Easement. 10.2. Taxes. Owner shall pay before delinquency all taxes, assessments, fees, charges of whatever description levied on or assessed against the Protected Property by competent authority (collectively "taxes"), including any taxes imposed upon, or incurred as a result of, this Easement, and shall furnish Grantee with satisfactory evidence of payment upon request. 10.3. Liability. Each party to this Easement shall be responsible for its own acts and/or omissions and those of its members, directors, officers, employees, agents, and contractors. No party to this Easement shall be responsible for the acts and/or omissions of entities or individuals not a party to this agreement. Owner must 20 indemnify and hold harmless Grantee and the United States, their employees, agents, and assigns for any and all liabilities, claims, demands, losses, expenses, damages, fines, fees, penalties, suits, proceedings, actions and costs of actions, sanctions asserted by or on behalf of any person or governmental authority, and other liabilities (whether legal or equitable in nature and including, without limitation, court costs, and reasonable attorneys' fees and attorneys' fees on appeal) to which Grantee and/or the United States may be subject or incur relating to the Protected Property, which may arise from, but are not limited to, Owner's negligent acts, omissions, or breach of any representation, warranty, covenant, agreements contained in this Easement, or violations of any Federal, State, or local laws, including all Environmental Laws. 10.4. Representations and Warranties. Granting Owner represents and warrants that, after reasonable investigation and to the best of Granting Owner's knowledge: 10.4.1. Granting Owner and the Protected Property are in compliance with all federal, state, and local laws, regulations, and requirements applicable to the Protected Property and its use; 10.4.2. Environmental Warranty. Granting Owner warrants that it is in compliance with, and will remain in compliance with, all applicable Environmental Laws. Grantor warrants that there are no notices by any governmental authority of any violation or alleged violation of, noncompliance or alleged noncompliance with or any liability under any Environmental Law relating to the operations or conditions of the Protected Property. Granting Owner further warrants that it has no actual knowledge of a release or threatened release of Hazardous Materials, as such substances and wastes are defined by applicable Federal and State law. Moreover, Granting Owner hereby promises to hold harmless and indemnify the United States and Grantee against all litigation, claims, demands, penalties, and damages, including reasonable attorneys' fees, arising from or connected with the release or threatened release of any Hazardous Materials on, at, beneath, or from the Protected Property, or arising from or connected with a violation of any Environmental Laws by Granting Owner or any other prior owner of the Protected Property. Granting Owner's indemnification obligation will not be affected by any authorizations provided by Grantee or the United States with respect to the Protected Property or any restoration activities carried out by Grantee at the Protected Property; provided, however, that Grantee is responsible for any Hazardous Materials contributed after this date to the Protected Property by Grantee. The terms "Environmental Law" and "Environmental Laws" mean any and all federal, state, local, or municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies, or requirements of any governmental authority regulating or imposing standards of liability or standards of conduct (including common law) concerning air, water, solid waste, hazardous materials, worker and community right-to-know, hazard communication, noise, radioactive material, resource protection, subdivision, inland wetlands and watercourses, health protection and similar environmental health, safety, 21 and building and land use as may now or at any time hereafter be in effect. The term "Hazardous Materials" means any petroleum, petroleum products, fuel oil, waste oils, explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals, hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic chemicals, radioactive materials, infectious materials, and any other element, compound, mixture, solution, or substance that may pose a present or potential hazard to human health or the environment. 10.4.3. Neither Granting Owner nor Granting Owner's predecessors in interest have disposed of any hazardous substances off-site, nor have they disposed of substances at sites designated or proposed to be designated as federal Superfund (42 U.S.C. § 9601 et seq.) or state Model Toxics Control Act (RCW 70.105D.010 et seq.) ("MTCA") sites; and 10.4.4. There is no pending or threatened litigation affecting the Protected Property or any portion of the Protected Property that will materially impair the Conservation Values of any portion of the Protected Property. No civil or criminal proceedings have been instigated or are pending against Granting Owner or its predecessors by government agencies or third parties arising out of alleged violations of environmental laws, and neither Granting Owner nor its predecessors in interest have received any notices of violation, penalties, claims, demand letters, or other notifications relating to a breach of environmental laws. 10.5. Remediation. If, at any time, there occurs, or has occurred, a Release in, on, or about the Protected Property of a Hazardous Substance, Owner agrees to take or compel responsible third parties to take all steps required under applicable law and necessary to assure its containment and remediation, including any cleanup that may be required (except that the use of institutional controls shall not be allowed without Grantee's consent), unless the Release was caused by Grantee, in which case Grantee shall be responsible for such remediation to the extent the Release was caused by Grantee. At its discretion, Grantee may assist Owner in compelling third parties to contain and remediate any such Release. 10.6. Control. Nothing in this Easement shall be construed as giving rise, in the absence of a judicial decree, to any right or ability in Grantee to exercise physical or managerial control over the day-to-day operations of the Protected Property, or any of Owner's activities on the Protected Property, or otherwise to become an operator with respect to the Protected Property within the meaning of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA"). 11.SUBSEQUENT TRANSFER OR EXTINGUISHMENT 11.1. Extinguishment. 22 11.1.1. If circumstances arise in the future that render the Purpose of this Easement impossible to accomplish, this Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction. The property interest of the United States may not be terminated or extinguished without the explicit consent of the United States. NRCS must be given advance notice of the initiation of any proceeding to terminate or extinguish the Easement. 11.1.2. The amount of the proceeds to which Grantee shall be entitled, after the satisfaction of prior claims, from any sale, exchange, or involuntary conversion of all or any portion of the Protected Property subsequent to such termination or extinguishment, shall be determined, unless otherwise provided by Washington law at the time, in accordance with Section 10.1.3. Grantee shall use all such proceeds in a manner consistent with the Purpose of this Easement. 11.1.3. In granting this Easement, Granting Owner has considered the fact that any use of the Protected Property that is prohibited by this Easement, or any other use as determined to be inconsistent with the Purpose of this Easement, may become economically more valuable than permitted uses. It is the intent of both Granting Owner and Grantee that such circumstances shall not justify the termination or extinguishment of this Easement. Owner's inability to carry on any or all of the permitted uses, or the unprofitability of doing so, shall not impair the validity of this Easement or be considered grounds for its termination or extinguishment. 11.2. Condemnation. The property interest of the United States may not be condemned without the explicit consent of the United States. NRCS must be given advance notice of the initiation of any proceeding to condemn the Easement. If the Easement is taken, in the whole or in the part, by the exercise of the power of eminent domain, Grantee and the United States shall be entitled to compensation in accordance with Section 11.3, for the value of the Easement taken; and Owner shall be entitled to compensation in accordance with applicable law for the value of the underlying fee title and improvements taken. In the event that Section 11.3 violates applicable law, then the proceeds to Owner, Grantee and the United States shall be divided in accordance with applicable law. 11.3. Valuation. This Easement constitutes a real property interest immediately vested in Grantee and the United States. For purposes of this Section, the Parties stipulate that this Easement has a fair market value determined by multiplying (i) the fair market value of the Protected Property unencumbered by the Easement (minus any increase in value attributable to improvements on the Protected Property), at the time of termination or extinguishment, as determined by an appraisal by a qualified appraiser, by (ii) the ratio of the value of the Easement at the time of this grant to the value of the Protected Property, unencumbered by the Easement, at the time of this grant, as evidenced by that certain real property appraisal prepared by , a certified Washington appraiser, with a valuation date of , on file with Grantee. 11.4. Distribution of Proceeds. In the event of extinguishment of this Easement pursuant to Section 11.1, condemnation of this Easement pursuant to Section 11.2, or 23 damages received by Owner in an amount equal to the fair market value of this Easement pursuant to Section 9.6, any proceeds attributable to the value of the Easement shall be distributed to Grantee and the United States. 11.5. Subsequent Transfers. Owner agrees to: (i) incorporate by express reference the terms of this Easement in any deed or other legal instrument by which it divests itself of any interest in all or a portion of the Protected Property; and (ii) describe this Easement in and append it to, any executory contract for the transfer of any interest in the Protected Property. Owner further agrees to give written notice to Grantee of the transfer of any interest at least 30 days prior to the date of such transfer. Such notice to Grantee shall include the name, address, and telephone number of the prospective transferee or such transferee's representative. The failure of Owner to perform any act required by this Section 11 shall not impair the validity of this Easement or limit its enforceability in any way. 12.AMENDMENT If circumstances arise under which an amendment to or modification of this Easement would be appropriate, the Parties are free to jointly amend this Easement, provided that no amendment shall be allowed that will affect the qualification of this Easement or the status of Grantee under any applicable laws, including without limitation RCW 64.04.130, Chapter 84.34 RCW, or Section 170(h) of the IRS Code of 1986, as amended (or any successor provisions then applicable). NRCS shall be notified in a timely manner and approve the proposed amendment. Any amendment must be signed by Owner, Grantee, and the United States. Any such amendment shall be consistent with the original Purpose of this Easement, shall not affect its perpetual duration, and shall be recorded in the official records of Jefferson County, Washington, and any other jurisdiction in which such recording is required. 13.ASSIGNMENT 13.1. Assignment. Grantee's interest in this Easement is transferable, but Grantee may assign its rights and obligations under this Easement only to an organization that is a qualified holder at the time of transfer under RCW 64.04.130, as amended. As conditions of such transfer, Grantee shall require that assignee (i) continue to carry out the Purpose of this Easement and (ii) comply with the terms of any agreement with a funding source for the acquisition of this Easement, if any. Grantee shall notify Owner in writing, at Owner's last known address, in advance of such assignment. The assignment shall not be valid without such notice; provided, however, that the failure of Grantee to give such notice shall not impair the validity of this Easement or limit its enforceability in any way. 13.2. Rights and Obligations Upon Transfer. A party's rights and obligations under this Easement terminate upon transfer of the party's interest in the Protected Property or this Easement, as the case may be, except that liability for acts or omissions occurring prior to transfer shall survive transfer. 13.3. Succession. If at any time it becomes impossible for Grantee to ensure compliance with the covenants contained herein and Grantee has not named a successor 24 organization, or the Grantee shall cease to exist, then Grantee's rights and duties hereunder shall become vested and fall upon: (i) The Trust for Public Land; or (ii) Such other entity, with purposes similar to Grantee's, authorized to acquire and hold conservation easements under RCW 64.04.130 and RCW 84.34.250 (or any successor provisions then applicable), and a qualified organization under Section 170(h) of the Internal Revenue Code of 1986, as amended (or any successor provisions then applicable); provided that if such vesting in any of the entities named above is deemed to be void under the Rule Against Perpetuities, the rights and obligations under this Easement shall vest in such organization as a court having jurisdiction shall direct, pursuant to the applicable Washington law and the Internal Revenue Code and with due regard to the Purpose of this Easement. 14.RECORDATION Grantee shall record this instrument in a timely fashion in the official records of Jefferson County, Washington, and in any other appropriate jurisdictions, and may re- record it at any time as may be required to preserve its rights in this Easement. 15.NO MERGER In the event that Grantee and/or the United States acquires all or a portion of the fee title to the Protected Property, it is the intent of the Parties that no merger of title shall take place that would merge the restrictions of this Easement with fee title to the Protected Property and thereby eliminate them, and that the restrictions on the use of the Protected Property, as embodied in the Easement, shall, in the event that all or a portion of title become vested in Grantee and/or the United States, become and remain permanent and perpetual restrictions on the use of the Protected Property. Grantee and the United States covenant to do what is required to prevent merger of title, including, if necessary, assignment of the Easement to an appropriate third party pursuant to Section 13.1. 16.GENERAL PROVISIONS 16.1. Effective Date. The Effective Date of this Easement shall be the date on which the Granting Owner executed this Easement. 16.2. Governing Law and Venue. The laws of the State of Washington and applicable federal law shall govern the interpretation and performance of this Easement. By executing this Easement, Granting Owner acknowledges the jurisdiction of the courts of the State of Washington in this matter. 16.3. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed in favor of the grant to effect the Purpose of this Easement. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the Purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. 25 16.4. Severability. 1.1.1. Except as provided below, if any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid or unenforceable by any court of competent jurisdiction or is superseded by state or federal legislation, rules, regulations or decision, the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid or unenforceable, as the case may be, shall not be affected thereby. 1.1.2. If any material provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid or unenforceable by any court of competent jurisdiction or is superseded by state or federal legislation, rules, regulations or decision, so that the intent of these provisions is frustrated, the parties agree to immediately negotiate a replacement provision to fulfill the intent of the superseded provisions consistent with the Purpose of this Easement and applicable law. 16.5. Entire Agreement. This instrument sets forth the entire agreement of the Parties with respect to the Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Easement, all of which are merged herein. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment that complies with Section 12. 16.6. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Owner's title in any respect. 16.7. "Granting Owner" - "Owner" - "Grantee". The terms "Granting Owner" and "Owner", wherever used in this instrument, and any pronouns used in the place thereof, means and includes the above-named Granting Owner and his successors and assigns, and the term "Grantee", wherever used in this instrument, and any pronouns used in the place thereof, means and includes above-named Grantee and its successors and assigns. The term "Owner" shall also include any party taking ownership of the Protected Property, or any portion thereof, subsequent to the foreclosure of any mortgage or deed of trust. 16.8. Successors. The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the Parties and their respective successors and assigns, and to any party taking ownership of the Protected Property, or any portion thereof, subsequent to the foreclosure of any mortgage or deed of trust, and shall continue as a servitude running in perpetuity with the Protected Property. 16.9. Captions. The captions in this instrument have been inserted solely for convenience and ease of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. 16.10. Counterparts. The Parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both Parties; each counterpart shall be deemed an original instrument as against any party who has signed it. In the 26 event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. 16.11. Authority. The individuals signing below, if signing on behalf of any entity, represent and warrant that they have the requisite authority to bind the entity on whose behalf they are signing. 16.12. Recitals. The Parties agree that the terms and recitals set forth in Section 1 (among other terms of this Easement) are material to this Easement, and that each Party has relied on the material nature of such terms and recitals in entering into this Easement. Each term and recital set forth in Section 1 is fully incorporated into this Easement. 17. SCHEDULE OF EXHIBITS Exhibit A. Legal Description of Property. Exhibit B. Legal Description of the Protected Property Exhibit C Site Map. [SIGNATURE PAGE FOLLOWS] 27 TO HAVE AND TO HOLD unto Grantee, its successors and assigns forever. IN WITNESS WHEREOF, the undersigned Granting Owner has executed this instrument this day of , 2013. Granting Owner: John G. Boulton Jefferson Land Trust does hereby accept the above Grant Deed of Conservation Easement. Jefferson Land Trust By: Its Executive Director National Resource Conservation Service of the United States, by and through its State Conservationist, does hereby accept the property interest of the United States conveyed by the above Grant Deed of Conservation Easement. National Resource Conservation Service By: Its State Conservationist 28 STATE OF WASHINGTON ) ) ss. COUNTY OF JEFFERSON ) I certify that I know or have satisfactory evidence that JOHN G. BOULTON is the person who appeared before me, and said person acknowledged that he signed this instrument as his free and voluntary act for the uses and purposes mentioned in the instrument. Dated: Notary Public Print Name My commission expires (Use this space for notarial stamp/seal) 29 STATE OF WASHINGTON ) ) ss. COUNTY OF JEFFERSON ) I certify that I know or have satisfactory evidence that SARAH SPAETH is the person Y Y p who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the Executive Director of Jefferson Land Trust to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public Print Name My commission expires (Use this space for notarial stamp/seal) 30 STATE OF WASHINGTON ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that ROYLEAN RIDES AT THE DOOR is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the State Conservationist of the Natural Resource Conservation Service of the United States to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public Print Name My commission expires (Use this space for notarial stamp/seal) 31 EXHIBIT A Legal Description of Property 32 EXHIBIT B Legal Description of Protected Property I EXHIBIT C SITE MAP x) k m Xi L m , In ti' m 11 . 4. •. a m m C-., ' 7.'.--..ti:-,, -,.i.,, ,..-,..F.,..:,,,:::,---44-, ; ,, 0 ,,,.. ,,,_ O , i,,, ..... ..,:: ,,,,s; ,..,_ , ....),, . . K ; . i C) I O ° 1111, z .� x ■ 1 M6p f� o z:- . 1III! JL'i ari 14 ' o `�� cn 1 180c138 c1381V► #HAISNVbi CASES, FINDING, CONDITIONS, PERMISSIONS FOR Parcel 802141005 Printed: March 4, 2013 Cases Name Review Type Status Planner BLD00-00730 BOULTON F Application Received: 11/13/2000 Permit Issued/Case closed: 11/13/2000 Case Finaled: 12/1/2000 Propane tank and fireplace insert No findings, conditions, or permissions found. FPA2605509 BOULTON F Application Received: 7/15/2003 Permit Issued/Case closed: 7/16/2003 Case Finaled: 7/17/2003 Even Aged Harvest, Road Maintenance and Road Construction No findings, conditions, or permissions found. BLD10-00376 MLA10-00393 BOULTON I F Application Received: 11/2/2010 Permit Issued/Case closed: 12/1/2010 Case Finaled: 11/21/2011 NSFR TO REPLACE BURNED DOWN RESIDENCE 1.) Health approval of this building permit is to re-build the home as it was originally before it was destroyed by fire. The capacity and functionality of the septic system has not been determined. It is believed to have been installed prior to 1970 when permits became required. 2.) The project shall adhere to the Best Management Practices (BMPs)to control stormwater, erosion and sediment during construction. BMPs shall address permanent measures to stabilize soil exposed during construction, and in the design and operation of stormwater and drainage control systems. 3.) Jefferson County determined that this proposal is categorically exempt from review under the State Environmental Policy Act(SEPA) pursuant to WAC 197-11-800(1)(b)(i). 4.) The site plan as submitted with the Replacement Residence application on 11/2/10 has been reviewed for consistency under the UDC, and has been approved by Jefferson County Department of Community Development. Any modifications, changes, and/or additions to the stamped, approved site plan dated 12/1/10 shall be resubmitted for review and approval by Jefferson County Department of Community Development. 5.) This approval is for a Replacement Residence to replace total loss fire of existing structure only. Any future permits on this site are subject to review for consistency with applicable codes and ordinances and does not preclude review and conditions which may be placed on future permits. 6.) The parcel has been designated as Rural Forest under the Jefferson County Comprehensive Land Use Map effective August 28, 1998. 7.) A minimum of two (2) on-site parking spaces shall be provided for the single family residence. 8.) The building height is not to exceed 35 feet. 9.) The submitted site plan indicates the following: Northern setback from Category 3 Wetland is 130' Western setback to Type N Stream is 82' Eastern setback to Boulton Rd is 60' The house is being built on already existing foundation and meets UDC seback requirements. 10.) Per JCC Section 18.22.080 (4) - A legal nonconforming use or structure that has been damaged or destroyed by fire or other calamity may be restored and its immediately previous use may be resumed. 11.) The application was reviewed by the Jefferson County Department of Community Development staff on (date)for the potential presence of Environmentally Sensitive Areas (ESAs) under the provisions of the Unified Development Code (UDC). After an initial Geographic Information Systems mapping review and an investigative site inspection, the following ESAs were confirmed to be present on the subject property: Fish and Wildlife Habitat Conservation Areas (FWHCAs), Category 3 Wetland, Type F&Type N Streams, Seismic Hazard, Susceptible Aquifer Recharge Area. SEP10-00112 MLA10-00393 BOULTON I N Application Received: 9/2/2010 Permit Issued/Case closed: Case Finaled: Monitoring inspection and Des Res only, no permit records on file. No findings, conditions, or permissions found. ZON13-00010 MLA13-00045 BOULTON V P Application Received: 3/4/2013 Permit Issued/Case closed: Case Finaled: COMP PLAN AMENDMENT No findings, conditions, or permissions found. RAP03-00174 BOULTON F Application Received: 7/25/2003 Permit Issued/Case closed: 8/1/2003 Case Finaled: 1/14/2005 Temp Logging App-Boulton Rd 1.) The applicant may construct a temporary approach for logging operations on Boulton Rd. at mile post 0.61 right. 2.) A minimum 12 inch diameter culvert of sufficient length to accomodate a 12 foot wide driveway with 25 foot approach radii is required. \\tidemark\data\forms\R_MLT_Parcel_Cond.rpt 3/4/2013 Page 1 of 2 Cases Name Review Type Status Planner 3.) The applicant shall be responsible for maintaining a stabilized construction entrance, which shall be constructed as follows: 4 inch to 8 inch quarry spalls a minimum of 12 inches deep, a minimum width of 20 feet, a minimum radius of 25 feet, and a minimum length of 100 feet from the county road. The applicant shall also be responsible for immediately removing any material spilled or tracked onto the county road. 4.) Any time that workers are on the county right-of-way warning signs shall be posted that workers are present All workers shall comply with applicable Labor and Industries Guidelines for clothing including reflective vests. Any time that equipment must enter onto the right-of-way, signing and flaggers shall be used in accordance with applicable MUTCD standards. 5.) The applicant shall use traffic control methods as oultined in the MUTCD including truck crossing signs. 6.) The applicant is responsible for removing or blocking access to this approach upon completion of the logging operation. 7.) The project shall adhere to the Best Management Practices (BMPs)to control stormwater, erosion and sediment during construction. BMPs shall address permanent measures to stabilize soil exposed during construction, and in the design and operation of stormwater and drainage control systems. PRJ10-00283 BOULTON N Application Received: 9/2/2010 Permit Issued/Case closed: Case Finaled: Monitoring inspection nmit records on file. No findings, conditions, or permissions found. SOM10-00112 BOULTON RCR Application Received: 9/2/2010 Permit Issued/Case closed: 9/1/2010 Case Finaled: monitoring inspection onon ymit on file No findings, conditions, or permissions found. \\tidemark\data\forms\R_MLT_Parcel_Cond.rpt 3/4/2013 Page 2 of 2 UDC CONSISTENCY REVIEW . Project Planner: Master#MLA13-00045 Review Type Project Description ZON 13-00010 V COMP PLAN AMENDMENT Primary: JOHN G BOULTON Site Address: 3590 E QUILCENE RD 780 BOULTON RD QUILCENE WA 983769598 QUILCENE WA, 98376 REP DOUGLAS MASON Project Location: Parcel number 802 141 005, Section 14, Township 28N,Range 2W, WM, located at 780 Boulton, Quilcene 98376 Parcel Number: 802141005 S-T-R: 14-28N-02W Total Acreage 70 Legal Description S14 T28 R2W SW NE LESS R/W E1/2 NW SE Flood District: Land Use: 8100 Fire District: 2 Planning Area: 10 Flood Map(FIRM)Panel No: chool D 48 Zoning: COMP PLAN DESIGNATION: COMMUNITY PLAN: UGA: UGA Trans [ ] Plot plan states "property line" [ ] Assessor's Map(Property lines on submitted plot plan must match the property lines as identified on the Assessor's 1/4 map) [ ] Legal Access to Property YES NO [ ] Parcel Tags or Scanned Documents YES NO [ ] ESA's: Special Reports Nearby YES NO [ ] Designated Ag YES NO [ ] Shoreline Designation: YES NO [ ] Shoreline Slope Stability: YES NO Stream Type:YES NO Fish& Wildlife:YES NO 9'( * Wetlands: YES NO J Rare Plants:YES NO 1)--z"y` k— Seismic: YES NO 1/45-z " t3�rvts Landslide: YES NO Flood: YES NO ---' t Erosion: YES NO �' `�-"– Aquifer Recharge Area:YES NO SIPZ: none At Risk High Risk Coa CMZ: none High Risk Moderate RiskDisconr. Stormwater site plan submitted: YesNo [ ] Forest Lands: YES NO Adjoining Forest Lands: Commercial/ ( [ ] Mineral Lands: YES NO 1 C.�( 2"'\"'�- - �`�fr [ ] Agricultural Lands: YES NO [ ] Stormwater: New Impervious Surface Land Disturbing Activity ESA's Stormwater Req's:Min Req#2 Min Req#1 thru#5 Min Req#1 thru#10 Engineering [ ] Notice Provisions/Disclosure:Airport YES NO MRL YES NO Forest Lands YES NO [ ] Landscaping Required: Yes No [ ] Parking Spaces Required NO 2 Other 1 Building Height: 35' UBC Standard [ ] Impervious Surface coverage percentage: Resource Lands&Public: 10% Rural Residential: 25% Rural Industrial: Per UDC Sec 6.7 Rural Commercial: 60% Area of Building Coverage:60%in Rural Industrial Lands only [ ] Total Building (s) Size: RVC:20,000 SF CC:5,000 SF NC:7,500 SF GC: 10,000 SF All others:subject to septic&water constraints/None specified [ ] Setbacks: Front: Left Side: Right Side: Rear: Shoreline Setback: LSHA Setback: [ ] Road Classification: Road Approach: EXISTING NOT REQ'D RAP [ ] SEPA Required: YES EXEMPT [ ] Flood Certificate: [ ] Existing Case(s)& Condition(s): Violations: Yes No [ ] Recorded Date of-Subdivision: AFN Over 5yrs=UDC Plat Conditions: <5yrs=Plat Conditions on plat or Old Ordinance [ ] Lots/Require Declaration of Restrictive Covenant YES NO, submitted: YES NO [ ] UGA No Protest Agreement YES NO, submitted: YES NO [ ] Site Visit conducted YES NO [ ] Require Final Zoning Approval YES NO [ ] ADMIN: Setbacks entered in Permit Plan case N/A YES New Parcel Tags entered in Permit Plan N/A YES Special Reports Scanned N/A YES INo parcel tags found for parcel Associated CASES status issued finaled description 802141005 BLD00-00730 F 11/13/2000 12/1/2000 Propane tank and fireplace insert FPA2605509 F 7/16/2003 7/17/2003 Even Aged Harvest,Road Maintenance and Road Construction MLA10-00393 SEP 10-00112 N Monitoring inspection and Des Res only,no permit records on file. BLD10-00376 F 12/1/2010 11/21/2011 NSFR TO REPLACE BURNED DOWN RESIDENCE MLA 13-00045 ZON13-00010 P COMP PLAN AMENDMENT RAP03-00174 F 8/1/2003 1/14/2005 Temp Logging App-Boulton Rd PRJ 10-00283 N Monitoring inspection only,no permit records on file. SOM10-00112 RCR 9/1/2010 monitoring inspection only,no permit on file