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HomeMy WebLinkAboutZON2003-00035 2003 Comprehensive Plan Amendment Docket September 17,2003 DCD Staff Report&SEPA Addendum for Suggested Amendments • In order to limit well construction and protect public health, continue promotion of public water systems as preferable to individual wells and other alternative water supplies;continue requirement for connection to existing public water systems when proposed development location is within approved public water service area boundaries. [ENP 3.1;ENP 13.5;existing health policy] • Continue application of Uniform Plumbing Code (UPC) requirements with regard to low-flow faucets and other mandatory water conservation measures. [ENP 1.4 generally; existing regulation Public Outreach and Education: • Conduct education and outreach program through Washington State University(WSU)Extension; establish Memorandum of Understanding(MOU)with WSU for program. [ENP 1.4] • Encourage water conservation measures countywide;mandate water conservation measures in high risk SIPZ. [ENP 1.4;adopted regulation • Send letter to new Jefferson County residents/property owners regarding groundwater use and protection;implement other means of public notice,as resources allow. [ENP 1.4] Monitoring: • Enter into MOU with Public Utility District #1 (PUD) regarding the monitoring program. [Proposed ENP 2.10;MOU with PUD established • Standardize chloride sampling in a manner that assures quality control. [Proposed ENP 2.10] • Establish other well monitoring locations,as resources allow. [Proposed ENP 2.10 • Coordinate data interpretation and application through Water Resource Inventory Area (WRIA) Planning Units operating in Jefferson County per the Watershed Planning Act. [ENP 5.4. proposed ENP 2.10 • Seek grant funding for additional research and encourage State and Federal partners to conduct research related to the issue of seawater intrusion in Jefferson County. [ENP 2.8;ENP 2.9 Adaptive Management:for aquifers with degrading water quality due to seawater intrusion. Jefferson County will rely on technical input from the PUD, WRIA Planning Units, and others, as appropriate, in annual review of well monitoring data,building permit data,and other relevant data on groundwater quality and quantity in order to determine whether water quality vis-à-vis seawater intrusion is degrading. The Department of Health and Human Services and/or the Department of Community Development will report to the BOCC annually on the status of seawater intrusion in Jefferson County. Every five years a comprehensive analysis will be conducted and report generated summarizing results. [Proposed ENP 3.4] If the Board of County Commissioners determines that actions under the Jefferson County seawater intrusion policy prove insufficient to protect groundwater in at risk and high risk SIPZ from seawater intrusion (i.e., analysis of the monitoring data for a defined area using appropriate methodology5 shows statistically significant degradation of water quality due to seawater intrusion), Jefferson County will immediately: 1. Adopt a moratorium in the affected area on the issuance of building permits for which individual groundwater wells are proposed as proof of potable water until such time as area water quality improves or a plan is developed with the objective of improving area water quality. 2. Adopt a moratorium on subdivisions in the affected area that propose individual groundwater wells as proof of potable water until such time as area water quality improves or a plan is developed with the objective of improving area water quality. 3. Establish an aquifer protection district via public vote (RCW 36.36) or, if necessary, petition Ecology to form a groundwater management area(per WAC 173-100). [Proposed ENP 3.5] 5 Appropriate combination of accepted scientific methodology for evaluating seawater intrusion impact,as described in Pacific Groundwater Group study(1996),Washington Administrative Code,United States Geological Survey protocol, and other contemporary examples and approaches. 2-28 ENVIRONMENT GOALS AND POLICIES The goals outlined below provide direction for the protection of Jefferson County's environmental features in a balanced relationship with other land uses. These goals are based on the requirements of the Growth Management Act,which outlines specific criteria for environmental protection,and on the issues and opportunities identified by County residents. As in all elements of this Plan, the goals are general statements while policies are more specific. Goals state the general growth management intentions of the County while the policies are the processes for implementation. Strategies identify action items which consist of the specific projects or programs that will be used to implement the policies. The Environmental policies will provide the basis for review of the development standards contained in the Jefferson County Critical Areas Ordinance and other regulations. WATER RESOURCES GOAL: ENG 1.0 Manage, protect, enhance, and conserve water resources through a comprehensive watershed management program that is integrated with recovery plans for fish species proposed for listing under the ESA. POLICIES: ENP 1.1 The County should take an active lead in developing watershed management plans which incorporate the Dungeness-Quilcene plan and watershed plans for small, independent marine drainages. ENP 1.2 Participate in the Jefferson County Water Resources Council and other collaborative watershed and salmon habitat conservation planning processes with state, federal and tribal governments and local stakeholders, in order to integrate water resource management with fish and wildlife habitat protection and restoration. f ENP 1.3 Manage water resources using the best available scientific information and participate in collaborative processes to develop new information. ENP 1.4 Encourage public education and information to foster citizen understanding and support of water resource management and conservation plans. GOAL: ENG 2.0 Protect the quality and quantity of surface and ground water resources, and enhance and restore them where they have been damaged. Jefferson County Comprehensive Plan 8-33 August 28, 1998 ENVIRONMENT POLICIES: ENP 2.1 Preserve the environmental functions of surface and ground water resources whenever feasible, and require mitigation measures for land use activities that may adversely impact surface and ground water. ENP 2.2 Manage surface water resources in accordance with a storm water management plan developed within the framework of a comprehensive watershed management plan. ENP 2.3 Protect surface water and its functions through mitigation measures developed in coordination with the Department of Ecology, the Department of Transportation, and other local,state,federal,and tribal agencies. ENP 2.4 Work with the Department of Ecology to restore and protect instream flow volumes,and comply with the State's Surface Water Quality Standards and other programs affecting surface water resources, consistent with a comprehensive watershed management approach. ENP 2.5 Provide buffers between land-disturbing activities and surface water resources to meet the standards of the best available fisheries science for protecting water resources and related habitat functions. ENP 2.6 Promote best management practices to protect surface and ground water in land use regulations related to septic systems,forest practices,agricultural practices, industry, and other development. ENP 2.7 Minimize the adverse impacts of land use activities on water resources where there is a potential for hydraulic continuity between surface and ground waters. ENP 2.8 Work with the Department of Ecology and other agencies to minimize salt water intrusion, to evaluate ground water resources that have been damaged either by salt water intrusion or other contamination, and to identify technically and financially feasible measures for remediation of adverse impacts. ENP 2.9 Coordinate with the Department of Ecology in developing a reliable data base of ground water monitoring data, in complying with State Ground Water Quality Standards, and in promoting water rights management that is consistent with the protection of existing water rights and with comprehensive watershed plans. GOAL: ENG 3.0 Ensure a sustainable and safe water supply as a critical necessity for residential, economic,and environmental needs. Jefferson County Comprehensive Plan 8-34 August 28, 1998 ENVIRONMENT POLICIES: ENP 3.1 Work with the Water Utilities Coordinating Committee to revise the Coordinated Water System Plan for consistency with the Comprehensive Plan, in order to provide a safe and adequate water supply for County residents and other uses in balance with the protection of environmental functions of water resources. ENP 3.2 Support the development and implementation of wellhead protection programs for all public supply wells, and encourage the siting and construction of individual wells in a manner which protects existing water users and the ground water supply. ENP 3.3 Preserve and protect both existing and future water supplies, and encourage activities which utilize alternative water sources that are compatible with environmental protection, in accordance with state and federal laws regulating alternative water uses. SHORELINES GOAL: ENG 4.0 Preserve the long-term benefits of shoreline resources. POLICIES: ENP 4.1 Shorelines shall be managed according to the following order of preferred uses as established in the Shoreline Management Act(RCW 90.58.020): 1. Recognize and protect state-wide over local interests; 2. Preserve the natural character of the shoreline; 3. Achieve long-term over short-term benefits; 4. Protect the resources and ecology of the shoreline; 5. Increase public access to publicly owned areas of the shoreline; 6. Increase recreational opportunities for the public on the shorelines;and, 7. Provide for any other element as defined in RCW 90.58.100 and deemed appropriate or necessary. ENP 4.2 The County shall revise the Shoreline Management Master Program to establish and implement policies and regulations for land use that are consistent with the Shoreline Management Act, the Growth Management Act, the Critical Areas Ordinance, and the Comprehensive Plan. The revised Shoreline Management Master Program shall be incorporated as an element of the Comprehensive Plan. Until the revised SMMP is adopted, where a regulatory provision is inconsistent with other County ordinances, the more restrictive provision shall apply. ENP 4.3 Coordinate to incorporate local, state and federal laws into the recommendations of cooperatively-developed, comprehensive watershed and habitat conservation plans in shoreline planning processes. Jefferson County Comprehensive Plan 8-35 August 28, 1998 ENVIRONMENT ENP 4.4 Promote public access on shorelines in a manner that preserves or enhances the characteristics of the shoreline. ENP 4.5 Increase shoreline physical and visual public access in transportation planning, especially in the development of viewpoints and trails. ENP 4.6 Shoreline management decisions should preserve sites having historic, cultural, scientific, and archaeological ,value as identified under the appropriate authorities designated by state and federal law. ENP 4.7 Encourage and participate in projects and programs that foster a greater understanding of shoreline protection and hazards, maritime activities and history, and environmental conservation. GOAL: ENG 5.0 Allow development along shorelines which is compatible with the protection of natural processes, natural conditions, and natural functions of the shoreline environment. POLICIES: ENP 5.1 Regulate shoreline land use activities based on the best available scientific information. ENP 5.2 Protect nearby properties and the shoreline environment from the individual or cumulative effects of development that may interfere with the functions of sediment transport systems along the shoreline. ENP 5.3 Establish a preference for the use of non-structural rather than structural solutions in projects for shoreline stabilization, mitigation, rehabilitation, restoration, and enhancement. ENP 5.4 Coordinate with Department of Ecology water resources management and comprehensive watershed plans in order to protect water resources along shorelines, and to prevent,minimize,and mitigate salt water intrusion of coastal aquifers. ENP 5.5 Coordinate with the Department of Fish and Wildlife to protect and enhance fish and wildlife habitat and other marine resources. ENP 5.6 Manage shoreline hazard areas such as unstable bluffs and erosion and coastal flood hazard areas to protect public safety and public and private property. - ENP 5.7 Manage storm water for proposed and existing development in a manner which prevents erosion, land instability,and flooding. ENP 5.8 Promote best management practices to protect shorelines in land use regulations related to septic systems, forest practices, agricultural practices, industry, and other development. Jefferson County Comprehensive Plan 8-36 August 28, 1998 ENVIRONMENT AIR QUALITY GOAL: ENG 6.0 Protect air quality from the adverse impacts of land use and development and improve it where it is degraded. POLICIES: • ENP 6.1 As a member of the Olympic Air Pollution Control Authority, continue to obtain technical information on air quality as a basis for an air quality improvement program. ENP 6.2 Land use activities that create or compound air quality problems should be avoided or mitigated. ENP 6.3 Coordinate the provision of public transportation to prevent congestion in areas of higher land use densities and in shopping and recreation areas, and promote multi-modal transportation for commuters to reduce pollution emissions from automobiles. ENP 6.4 Promote public education programs that provide information on air quality problems and measures which individuals can take to improve air quality. ENP 6.5 Promote best management practices to protect air quality in land use regulations related to sewage treatment plants, forest practices, agricultural practices, industry, and other development. NATURAL HERITAGE VEGETATION AND LANDFORMS GOAL: ENG 7.0 Protect Jefferson County's natural heritage, including high quality native vegetation and unique landforms. POLICIES: ENP 7.1 Encourage collaboration with state programs such as the Washington Natural Heritage Program and local conservation groups to identify and protect plants, plant communities, habitats and landforms which reflect the County's unique natural heritage. ENP 7.2 Encourage the protection and acquisition of priority sites and habitats which protect native ecosystems. ENP 7.3 Provide information as resources allow so that land use decisions recognize and reflect protection of native ecosystems and rare landforms. ENP 7.4 Native vegetation should be used whenever possible in habitat restoration projects and linking of open space areas. Jefferson County Comprehensive Plan 8-37 August 28, 1998 ENVIRONMENT ENP 7.5 Encourage the utilization of native vegetation and drought-tolerant species to reduce water consumption and landscape maintenance costs. ENP 7.6 Encourage public education and information to foster citizen understanding of native ecosystems and Jefferson County's unique natural heritage. ENP 7.7 Encourage protection of unique geologic sites, conditions, and values, including locations of unique scientific interest, such as fossil locations and special mineral and rock locations. ENP 7.8 Support efforts of the Jefferson County Noxious Weed Control Board and other agencies to eradicate invasive species of vegetation. VIEW AND NOISE CONDITIONS GOAL: ENG 8.0 Protect the habitability, environmental quality and natural beauty of Jefferson County from the adverse impacts of development. POLICIES: ENP 8.1 The public process for adopting County ordinances should include a discussion of the public interest with respect to protection of views and viewsheds. ENP 8.2 Include in the public planning process a discussion regarding limiting noise pollution impacts through ordinance provisions which may require appropriate mitigation such as vegetative buffers, setbacks,acoustical walls,and termination of activities. ENP 8.3 Establish standards to limit the glare from outdoor lighting. CRITICAL AREAS REGULATED UNDER THE CRITICAL AREAS ORDINANCE Geologic Hazard Areas GOAL: ENG 9.0 Prevent adverse impacts to public health and safety,to public and private property, and to the environment in landslide and erosion hazard areas. POLICIES: ENP 9.1 Review standards to minimize adverse impacts to public health and safety and to public and private property for areas where risk may occur from hazards such as landslides, erosion,subsidence, and other impacts associated with geologic hazards. Jefferson County Comprehensive Plan 8-38 August 28, 1998 ENVIRONMENT ENP 9.2 Improve the scientific information which serves as the basis of land use and planning, such as the nature and distribution of geologic materials,processes, and conditions. ENP 9.3 Land uses in geologic hazard areas should be allowed only when appropriate mitigation is provided to protect public safety and the environment. ENP 9.4 Establish a preference for the use of landslide mitigation measures which are compatible with natural conditions, including setbacks, appropriate siting, drainage control, buffers, and bioengineering solutions. ENP 9.5 The County may require geotechnical reports for areas of potential risk from geologic conditions or processes when necessary, and may provide for qualified staff or peer review of studies under a reasonable fee schedule. ENP 9.6 Promote best management practices to minimize landslide risk in land use regulations related to septic systems, drainage, forest practices, agricultural practices, industry, and other development. ENP 9.7 Promote public education programs that foster an understanding of landslide hazard areas and encourage homeowners and communities to mitigate existing problems. GOAL: ENG 10.0 Minimize seismic risk to life and property on new and existing structures. POLICIES: ENP 10.1 Continue to promote development which is designed to avoid and minimize seismic risk in land use regulations, including best management practices related to septic systems, drainage,industry,and other development. ENP 10.2 Continue to improve the scientific information for identifying areas of seismic risk from impacts such as shaking, ground breaking,tsunami, and landsliding,to serve as the basis of land use decisions and for recommending the retrofitting of existing development, as appropriate. ENP 10.3 Locate and construct transportation facilities, utilities, and essential public facilities to Po P minimize adverse impacts from seismic events. ENP 10.4 Continue to coordinate with the State Department of Transportation to develop and implement a schedule for seismic reinforcement of Jefferson County bridges. ENP 10.5 Continue to promote public information programs to educate the public regarding the appropriate response to a seismic emergency in accordance with state, federal, and local emergency plans. Jefferson County Comprehensive Plan 8-39 August 28, 1998 ENVIRONMENT Flood Hazard Areas GOAL: ENG 11.0 Protect flood hazard areas from development and uses that compromise the flow, storage and buffering of flood waters, normal channel functions, and fish and wildlife habitat and to minimize flood and river process risk to life and property. POLICIES: ENP 11.1 Coordinate flood plain management with watershed and habitat plans developed in multi jurisdictional processes with community representation. ENP 11.2 The County flood plain ordinance should address flood plain development standards and best management practices with an emphasis on managing the land use rather than managing the river. ENP 11.3 Minimize flood damage by amending the flood ordinance to establish standards which preclude incompatible uses, protect the floodplain from significant adverse impacts, and promote non-structural solutions for flood plain management. ENP 11.4 Promote public education and involvement regarding flood plain protection measures and hazard response. ENP.11.5 Minimize flood damage to development by limiting flood plains to low intensity land uses and by limiting land uses in floodways to repairs of existing structures, temporary uses which are removable in the event of a flood, and uses that have a low flood damage potential,such as agriculture, stock grazing, parks, golf courses, horticulture, forestry, or parking areas subject to applicable regulations. ENP 11.6 Essential public facilities shall be allowed in the base flood plain only when no feasible alternative is available. ENP 11.7 Storm water management plans should minimize adverse effects of floods on existing and future development and protect the natural conditions and functions of the flood plain. ENP 11.8 Encourage the designation and purchase of open space and riparian habitat in flood hazard areas consistent with watershed and habitat conservation plans and a flood management plan. ENP 11.9 Land use decisions should consider the future cumulative cost to the public of flood plain development. Jefferson County Comprehensive Plan 8-40 August 28, 1998 ENVIRONMENT Fish and Wildlife Habitat GOAL: ENG 12.0 Protect and enhance fish and wildlife habitat throughout Jefferson County. POLICIES: ENP 12.1 Participate in multi jurisdictional processes with community representation for development of coordinated watershed and habitat conservation plans to serve as the basis of land use decisions that may affect fish and wildlife habitat. ENP 12.2 Land use decisions should recognize the priority of the protection and enhancement of fish and wildlife habitat in accordance with proposed listings of threatened and endangered species under the Federal Endangered Species Act. ENP 12.3 Buffers for fish and wildlife habitat areas should be consistent with the best available science for habitat protection. ENP 12.4 Promote the protection of wildlife habitat corridors that connect otherwise isolated habitat areas. ENP 12.5 Promote best management practices to protect fish and wildlife habitat in land use regulations related to septic systems, drainage, forest practices, agricultural practices, industry,and other development. ENP 12.6 Coordinate with appropriate agencies to avoid adverse impacts to fish and wildlife habitat in the review and approval of development proposals. ENP 12.7 Cooperate and coordinate in habitat restoration efforts with regional organizations such as the Hood Canal Coordinating Council. Aquifer Recharge Areas GOAL: ENG 13.0 Protect aquifer recharge areas from depletion of aquifer quantity or degradation of aquifer quality. POLICIES: ENP 13.1 Aquifer recharge areas should be designated and managed based on the best available science. ENP 13.2 Until geohydrologic studies provide additional information regarding the full extent of aquifer recharge areas,the County should protect aquifer recharge capability in all areas of the County. Jefferson County Comprehensive Plan 8-41 August 28, 1998 ENVIRONMENT ENP 13.3 Storm water should be managed to enhance and protect aquifer recharge quality and rate of infiltration based on a comprehensive watershed plan. ENP 13.4 Promote best management -practices to protect aquifer recharge areas in land use regulations related to septic systems, drainage, forest practices, agricultural practices, industry, and other development. ENP 13.5 Encourage the use of community water systems to serve new shoreline development. Wetlands GOAL: ENG 14.0 Protect and enhance wetlands in all their functions. POLICIES: ENP 14.1 Designate and manage wetlands based on the best available science. ENP 14.2 Land use activities that may impact wetlands should be reviewed in the context of a comprehensive watershed and habitat conservation plan. ENP 14.3 Standards for wetland buffers should be consistent with the best available science as recommended by wetland and habitat biologists. ENP 14.4 Promote best management practices to protect wetlands in land use regulations related to septic systems, drainage, forest practices, agricultural practices, industry, and other development. Jefferson County Comprehensive Plan 8-42 August 28, 1998 ENVIRONMENT STRATEGIES A. WATERSHED MANAGEMENT AND HABITAT RECOVERY STRATEGY Jefferson County's strategy for management of environmental resources will be conducted in the context of a collaborative watershed management approach to the interrelated functions of the resources, in order that land use activities are consistent with plans for the recovery of fish species proposed for listing under the Endangered Species Act. . Action Items 1. Participate as a member of the Water Resources Council for Water Resources Inventory Area 17 and other areas of Eastern Jefferson County, and as a member of watershed management unit(s) formed by multi jurisdictional and community interests for watersheds in Western Jefferson County. (Corresponding Goals: 1.0,3.0) 2. Participate in the update and implementation of the Dungeness-Quilcene Management Plan and watershed plans for independent drainage basins.(Corresponding Goals: 1.0,2.0) 3. Work with the Department of Ecology to resolve applications for water rights in Jefferson County based on scientific information developed through a watershed management plan. (Corresponding Goals: 1.0,2.0,3.0) 4. Develop a surface water management plan based on a watershed approach to resource management. (Corresponding Goal: 2.0) 5. Cooperate in a phased series of watershed studies to identify and characterize surface and ground water resources and their interrelationships, in order to provide a scientific basis for water resource management, and to identify alternative and future sources of supply sufficient to meet projected population growth. (Corresponding Goals: 1.0,2.0,3.0) 6. Work in regional watershed management units State,Federal,and Tribal agencies to develop fish habitat recovery plans to determine land use activities that are allowed in the context of potential legal challenges under the Endangered Species Act. (Corresponding Goal: 1.0) 7. Work with the Water Utility Coordinating Committee to establish long-term public supply needs, to identify and protect future water supplies,and to establish regional conservation programs and funding mechanisms.(Corresponding Goals: 3.0,4.0) B. CONSOLIDATED ENVIRONMENTAL REVIEW REGULATORY STRATEGY Jefferson County's strategy for resource protection is based on an ongoing effort to inventory and collect information related to the County's environmental resources and functions based on the best available science,and to protect the resources through implementing ordinances. Jefferson County Comprehensive Plan 8-43 August 28, 1998 ENVIRONMENT Action Items 1. Develop a consolidated environmental review process that promotes efficient and timely permit decisions and a more comprehensive environmental review.(Corresponding Goal: 1.0) 2. Evaluate and develop standards for development, where appropriate, which include incentives for the protection of environmental resources, public access to shorelines, the creation of open space,the conservation of water resources,and the protection of viewsheds. (Corresponding Goals: 2.0,3.0,4.0, 8.0) 3. Identify criteria and designate Special Environmental Overlay Districts for areas of Jefferson County in which environmental protection needs are identified.(Corresponding Goals: 3.0,4.0) 4. Develop and adopt a Clearing and Grading Ordinance that provides valid criteria and defines a threshold for protection of critical areas and associated buffers. (Corresponding Goals:2.0, 5.0, 12.0, 13.0, 14.0) 5. Develop and implement standards for mitigation measures for land use activities that may adversely impact environmental resources. (Corresponding Goals: 2.0,4.0, 5.0, 12.0, 14.0) 6. Review standards for qualified experts and for technical studies used in permit review, including procedures for peer review, to promote data and analyses that are consistent with the best available science. (Corresponding Goals: 2.0,4.0,9.0, 10.0, 14.0) 7. Continue gathering data to identify aquifer recharge and storage areas and amend the Critical Areas Ordinance to protect the quality and quantity of the ground water in those areas. (Corresponding Goals: 2.0, 13.0) 8. Review land use regulations to ensure that they protect aquifers and to minimize and mitigate known areas of salt water intrusion, and participate in technical studies to identify additional affected areas requiring regulation. Work with purveyors to promote the use of unaffected upland water sources and other alternative supplies, where appropriate, to supply new and existing development in affected areas. (Corresponding Goals: 2.0,3.0, 13.0) 9. Work cooperatively with the Department of Ecology and watershed management units to address County surface waters which have been listed as water quality impaired under the Clean Water Act, Section 303(d),and to restore and protect instream flow volumes. (Corresponding Goals: 2.0, 12.0) 10. Develop a surface water management plan to minimize peak flow levels and non-point source pollution, and implement the plan through an amendment of the storm water ordinance. (Corresponding Goals: 2.0, 9.0) it 11. Review County ordinances to incorporate best management practices based on the best available science to protect surface and ground water quality in land use regulations related to septic systems,forest practices,agricultural practices,industry, and other development. (Corresponding Goals: 2.0,3.0, 13.0) Jefferson County Comprehensive Plan 8-44 August 28, 1998 ENVIRONMENT 12. Amend County development standards as needed to promote water conservation measures by allowing and, in some cases, requiring newly developed technology that meets standards for health and safety,and by promoting appropriate landscape and drainage design. (Corresponding Goals: 3.0, 7.0) 13. Amend ordinances to protect future and alternative water supplies that are identified in the course of watershed studies. (Corresponding Goals: 1.0, 3.0) • 14. Work with the Water Utilities Coordinating Committee to revise and update the Coordinated Water System Plan, and assist them in ensuring that water purveyors meet Department of Health and Ecology regulations and guidelines. (Corresponding Goal: 3.0) 15. Assist the Water Utilities Coordinating Committee and cooperate with water purveyors in developing wellhead protection programs, and implement land use regulations for protection of public water supplies.(Corresponding Goals: 3.0, 13.0) 16. Evaluate and implement,where appropriate,criteria and standards for clustering that promote the protection of environmental resources, shoreline public access,and open space. (Corresponding Goals: 2.0,4.0) 17. As funding becomes available, identify through revision of the shoreline plan the shoreline and water areas with unique attributes for specific long-term uses such as fish and wildlife habitat, water-oriented activities, storm water management, recreational, and open space uses, and designate these uses through amendments to the Comprehensive Plan. (Corresponding Goals: 4.0, 5.0) 18. Continue to inventory shoreline landforms, processes, and functions as funding becomes available so as to increase the scientific information on which to base permitting decisions. (Corresponding Goals:4.0, 5.0) 19. Revise the Shoreline Management Master Program to be consistent with the Growth Management Act,the Comprehensive Plan,the Critical Areas Ordinance, and the State Shoreline Management Act, including standards to preserve and protect the quantity and quality of water resources along shorelines through storm water treatment, erosion and drainage control, restoration of failing septic systems,and other appropriate measures. (Corresponding Goals: 2.0,4.0,5.0) 20. Incorporate measures to address the adverse impacts of invasive vegetation in lakes and bays into the Shoreline Management Master Program revision. (Corresponding Goals: 4.0, 5.0) 21. Revise the Shoreline Management Master Program to include standards for qualified experts, technical studies, and peer review to promote decision-making based on the best available scientific information to prevent hazardous development activities. (Corresponding Goals: 4.0, 5.0,9.0) 22. Review the Shoreline Management Master Program to ensure that setbacks, stabilization techniques,and other mitigation and protection measures are based on the best available science. (Corresponding Goals: 4.0, 5.0,9.0) Jefferson County Comprehensive Plan 8-45 August 28, 1998 ENVIRONMENT 23. Establish standards for site development permits which minimize airborne dust from construction and land clearing activities. (Corresponding Goal: 6.0) 24. Evaluate and allow, in appropriate areas, on-site wood waste recycling facilities (i.e., wood chipping)that reduce the need to burn debris. (Corresponding Goal: 6.0) 25. Evaluate, develop as appropriate, and implement standards to avoid and mitigate land uses that create or compound air quality problems. (Corresponding Goal: 6.0) 26. Develop and implement standards to limit the glare from outdoor lighting. (Corresponding Goal: 8.0) C. CRITICAL AREAS STRATEGY Jefferson County's strategy for protection and management of critical areas is based on improving the scientific information on which decisions are based, and in reviewing the Interim Critical Areas Ordinance to be consistent with the goals and policies of the Comprehensive Plan and revising it as needed prior to adoption as a final ordinance. Action Items 1. Continue to inventory and map landslide and erosion hazard areas,as funding becomes available, to serve as the scientific basis for land use decisions. (Corresponding Goal: 9.0) 2. Based on ongoing inventory, identify shoreline areas of risk such as unstable coastal bluffs,areas of erosion and coastal flood hazard areas;designate them as critical areas where appropriate; and establish restrictions for uses and activities to protect public safety and property in those areas. (Corresponding Goals: 4.0, 5.0,9.0) 3. Review the Interim Critical Areas Ordinance and the Storm Water Ordinance to ensure that drainage and design standards for storm water will maintain the County-wide National Flood Insurance Program Community Rating System in order to develop new programs to mitigate flood hazards and reduce insurance rates. (Corresponding Goal: 11.0) 4. Review the Interim Critical Areas Ordinance to ensure that engineering, drainage and design standards for storm water management in landslide and erosion hazard areas are based on the best available science in the final ordinance. (Corresponding Goals: 2.0, 5.0, 9.0) 5. Work with local agencies and citizens in existing Flood District Boards and establish new Flood District Boards in flood hazard areas where they do not exist. (Corresponding Goal: 11.0) 6. Continue to inventory and map seismic hazard areas as funding becomes available, and amend the Critical Areas Ordinance to provide engineering and design standards based on the best available science to minimize seismic hazards. (Corresponding Goal: 10.0) Jefferson County Comprehensive Plan 8-46 August 28, 1998 ENVIRONMENT 7. Seek funding to inventory public and essential facilities which do not meet current seismic construction standards,and prioritize facilities for seismic reinforcement. (Corresponding Goal: 10.0) 8. Review the floodproofing and storm water management measures for development in the flood plain to minimize adverse impacts to property and to natural flood plain functions, such as channel storage and lateral migration of channels. (Corresponding Goals: 11.0, 12.0) 9. Review the Flood Damage Prevention Ordinance for consistency with flood management plan based on a watershed approach, to preclude incompatible uses, to protect flood plain functions, to promote non-structural solutions, to protect water quality and quantity, and to support habitat recovery plans. "Precluding incompatible uses and development does not mean a prohibition of all uses or development. Rather, it means governing changes in land uses, new activities, or development that could adversely affect critical areas. Thus for each critical area, counties and cites planning under the act should define classification schemes and prepare development regulations that govern changes in land uses and new activities by prohibiting clearly inappropriate actions and restricting, allowing, or conditioning other activities as appropriate." Chapter 365-190-020 pursuant to RCW 36.70A050. (Corresponding Goals: 1.0,2.0, 11.0, 12.0) 10. Collect existing information, identify and map important areas of both private and public lands containing fish (including shellfish) and wildlife habitat areas, as funding becomes available. Examples of such areas are: • Stream corridors and wetland areas; • Habitat areas for endangered,threatened,candidate,monitored,and sensitive species; • Priority habitats as identified by the Department of Fish and Wildlife; • Known wildlife movement corridors; • Priority recreational and commercial shellfish growing areas as identified by the responsible State agency; • Kelp and eelgrass areas which are important to herring reproduction; • Naturally occurring ponds of less than 20 acres; • Raptor habitat areas; • Corridors which provide the only cover in high density areas and serve as connection to other habitat areas; • Other"habitats and species of local importance"(Chapter 365-190-080(5)(cxii) WAC) such as the winter range of the Roosevelt elk herd; and • Fish hatcheries. (Corresponding Goals: 12.0, 14.0) 11. Review the Interim Critical Areas Ordinance prior to adoption as a final ordinance to ensure that buffers for fish and wildlife habitat areas are based on the best available science. (Corresponding Goals: 12.0, 14.0) Jefferson County Comprehensive Plan 8-47 August 28, 1998 ENVIRONMENT 12. Revise Critical Areas maps to identify areas important for aquifer recharge capability as information is developed through on-going study pending funding availability. (Corresponding Goals: 2.0, 13.0) 13. Provide standards for development in a watershed-based storm water management plan to protect the rate of infiltration of uncontaminated storm water where the creation of impervious surfaces or drainage measures may compromise aquifer recharge capability. (Corresponding Goals: 2.0, 13.0) D. PUBLIC SAFETY,EDUCATION AND INVOLVEMENT STRATEGY Jefferson County recognizes that strategies for environmental protection are closely related both to public safety and the public enjoyment of resource values and functions, and that the County strategy must include measures for public involvement and education. Action Items 1. Cooperatively implement, with available resources, a public education and involvement process to promote citizen understanding and support of water resource protection and conservation through watershed management. (Corresponding Goals: 1.0,3.0) 2. Support and implement programs for education of the public and the development community regarding development hazards and measures required and recommended for protection of environmental resources as funding becomes available. (Corresponding Goals: 5.0,9.0, 10.0, 11.0, 13.0) 3. Conduct public education programs which foster an understanding of landslide hazard areas, and work with developers, homeowners, and communities to avoid and mitigate existing problems and to prevent future problems. (Corresponding Goals: 5.0,9.0) 4. Support public education programs that promote an understanding of issues related to boater safety. 5. Develop data and procedures to coordinate the declaration of burn bans to be consistent with local monitoring information. (Corresponding Goal: 6.0) • 6. Revise the sign code to reflect the design standards proposed by individual community plans, so that outdoor advertising is in keeping with the character of the community. (Corresponding Goal: 8.0) 7. Develop and implement standards such as vegetative buffers, setbacks, and acoustical walls to provide protection of nearby areas from excessive noise levels. (Corresponding Goal: 8.0) 8. Work with environmental education groups to collect and disseminate information on proposed listings of fish species as endangered or threatened and impacts of the proposed listings on land use activities. (Corresponding Goals: 1.0, 12.0) Jefferson County Comprehensive Plan 8-48 August 28,1998 4N ` JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street• Port Townsend •Washington 98368 t TNOt' 360/379-4450 .360/379-4451 Fax http://www.co.jefferson.wa.us/commdevelopment/ Application for Suggested Comprehensive Plan /UDC Amendment MLA# 03-210 PROJECT/APPLICANT NAME: JEFFERSON COUNTY Submittal Requirements 1. A completed Master Land Use Application. Representative authorization is required if application is not signed by applicant. 2. Any additional information reasonably deemed necessary by the Administrator to evaluate the proposed amendment. 3. Please prepare and label as"Exhibit A,"a description of the proposed Plan/UDC amendment and any associated development proposal(s) if applicable. Applications for projected-related amendments must include plans and information or studies accurately depicting existing and proposed uses and improvements. Applications for such amendments that do not specify proposed uses and potential impacts are assumed to have maximum impact to the environment and public facilities and services. 4. Please provide an explanation of why the amendment is being proposed. (Attach additional sheets,if necessary.) The Unified Development Code (UDC) was adopted in December 2000 and became effective as Jefferson County's set of development regulations to implement the Comprehensive Plan on January 16, 2001. Adoption of the UDC was appealed by the Shine Community Action Council and the Olympic Environmental Council with regard to groundwater protection and seawater intrusion. The Western Washington Growth Management Hearings Board (WWGMHB) issued a Compliance Order (No. 01-2-0015) on December 5, 2002, which included direction to adopt seawater intrusion policy as a Growth Management Act(GMA)action. The Board of County Commissioners(BOCC)directed staff to establish a placeholder Comprehensive Plan amendment application for the 2003 amendment cycle. This proposal will be developed and refined in the coming months in combination with MLA03-202, a seawater intrusion protection proposal developed by the Planning Commission and currently under review by that body. 5. Please prepare and label as"Exhibit B,"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.,strikeouts). 6. Please prepare and label as "Exhibit C," a thorough explanation of how the proposed amendment, meets, conflicts with, or relates to the following inquiries(NOTE:Simple`yes"or"no"responses are unacceptable.) 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. Does the proposed amendment reflect current widely held values of the residents of Jefferson County? 7. The applica e -by certifies that the statements contained in this application are true and provide an accurate representation of the prop.sed -mendment;and the applicant(s) hereby acknowledges that any approval issued on this application may be revoked if- y s,, ent is found to be false. AL SCALF, 'iAICTo•'OF ,O AMUNITY 01 EVELOPMENT MAY 1,2003 APPLICANT ATU i �Ir DATE 41, MLA03-210:5/1/03 Page 1 O..` JEFFERSON COUNTY 4. . ' ' DEPARTMENT OF COMMUNITY DEVELOPMENT f3 621 Sheridan Street• Port Townsend•Washington 98368 360/3794450•360/379-4451 Fax http://www.co.jefferson.wa.us/commdevelopment/ Master Land Use Permit Application Form MLA03 210 PROPERTY INFORMATION Tax Parcel Number: ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Subdivision Name: Lot Number: Property Size: (acres/square feet) Existing Use of Property: Site Address and/or Directions to Property: Not applicable. This is not a site-specific proposal. APPLICANT INFORMATION Board of County Commissioners by and though the Name of Applicant: Department of Community Development Telephone: (360)379-4450 Address: 621 Sheridan St City: Port Townsend State: WA Zip Code: 98368 Name of Authorized Agent(if applicable): N/A Telephone: Address: City: State: Zip Code: DESCRIPTION OF PROPOSED USE OR ACTIVITY(include separate sheets as necessary) The Unified Development Code (UDC) was adopted in December 2000 and became effective as Jefferson County's set of development regulations to implement the Comprehensive Plan on January 16, 2001. Adoption of the UDC was appealed by the Shine Community Action Council and the Olympic Environmental Council with regard to groundwater protection and seawater intrusion. The Western Washington Growth Management Hearings Board (WWGMHB) issued a Compliance Order (No. 01-2-0015) on December 5, 2002, which included direction to adopt seawater intrusion policy as a Growth Management Act (GMA) action. The Board of County Commissioners (BOCC) directed staff to establish a placeholder Comprehensive Plan amendment application for the 2003 amendment cycle. This proposal will be developed and refined in the coming months in combination with MLA03-202, a seawater intrusion protection proposal developed by the Planning Commission and currently under review by that body. PERMITS REQUESTED FROM JEFFERSON COUNTY Please check with Permit Center personnel before completing this section and refer to the specific sections of the UDC referenced for more information and further requirements.An asterisk(*)indicates that a supplemental application or questionnaire is required. Type I Permits Refer to: ❑ Septic Permit/Evaluation of Existing System(EES) UDC Section 6.4.1 and Chapter 8.15 JCC ❑ Building/Demolition Permit UDC Section 3.2.1 and Table 3-1 ❑ Allowed"Yes"Use Consistency Analysis UDC Section 3.2.1 and Table 3-1 ❑ Home Business Table 3-1 and UDC Section 4.20 ❑ Stormwater Management* UDC Section 6.7 ❑ Road Access* UDC Section 6.8 ❑ Boundary Line Adjustment* UDC Section 7.2 ❑ Minor PRRD Amendments UDC Section 3.6.13.15 ❑ Sign Permit* UDC Section 6.15 ❑ Site Plan Approval Advance Determination (SPAAD) UDC Section 8.7 ❑ Shoreline Master Program Exemption/Permit Revisions UDC Section 5 ❑ Temporary Use(based on use may be Type II or Type III)* UDC Sections 4.38 and 4.39 MLA03-210:5/1/03 Type II Permits Refer to: ❑ Discretionary"D"or Unnamed Use Classification UDC Sections 3.2.1,3.2.2 and Table 3-1 ❑ Cottage Industry UDC Section 7.3 and Table 3-1 ❑ Short Plat, Preliminary and Final* UDC Section 7.3 ❑ Binding Site Plan* UDC Section 7.5 ❑ Conditional(Administrative)"C(a)"Use UDC Table 3-1 and Section 8.8 ❑ Conditional(Discretionary)"C(d)"Use UDC Table 3-1 and Section 8.8 ❑ Variance, Minor* UDC Section 8.9 ❑ Wireless Telecommunication Ordinance 06-0712-99(UDC Appendix C) ❑ Shoreline Substantial Development(Primary Use) UDC Section 5 ❑ Forest Practices Act/Release of Six-Year Moratorium for SFR UDC Section 4.16.5(c) ❑ Temporary Use* UDC Sections 4.38 and 4.39 Type Ill Permits ❑ Conditional"C"Use UDC Section 8.8 ❑ Long Plat, Preliminary* UDC Section 7.4 ❑ Planned Rural Residential Development Preliminary Approval UDC Section 3.6.13(must be in conjunction with an (PRRD)and Major Amendments* underlying land division application) ❑ Plat Vacation/Alteration UDC Section 7.1.3(d) ❑ Variance, Major* UDC Section 8.9 ❑ Reasonable Economic Use Variance* UDC Section 3.6.4(h) ❑ Wireless Telecommunication Ordinance 06-0712-99 UDC Appendix C ❑ Shoreline Management Substantial Development,Secondary Use* UDC Section 5 ❑ Shoreline Management Conditional Use* UDC Section 5 ❑ Shoreline Management Variance* UDC Section 5 Type IV Permits ❑ Long Plat, Final UDC Section 7.4 ❑ PRRD, Final UDC Section 3.6.13 Type V Permits ❑ Special Use(Essential Public Facilities) UDC Section 3.3.5 ❑ Jefferson County Comprehensive Plan/UDC/Land Use District Map UDC Section 9 Amendment* ❑ Jefferson County Shoreline Master Program Amendment* UDC Section 5 Other Local,State or Federal Permits ❑ Please identify any other local,state or federal permits required for this proposal, if known: Review under the State Environmental Policy Act(SEPA) ACKNOWLEDGEMENTS By signing the application form,the applicant/owner attests that the information provided herein is true and correct to the best of their knowledge. I also certify that this application is being made with the full knowledge and consent of all owners of the affected property. Any material falsehood or any omission of a material fact made by the applicant/owner 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 r--- of or in consequence of the granting of this permit. I further agree to provide access and right of entry to Jefferson County an. its v•• oyees, representatives or agents for the sole purpose of application review and any required later inspections. This right of e 4 shall expire when the County (through the Administrator or the Administrator's representatives) concludes the applicatio h-tfl� ••• p ed with a I applicable laws and regulations. Access and right of entry to the ap icant's property shall be requested a • cur only du 'ng regular business hours. i /!� D (APPLIC; OR A f' OR I REP-- IVE SIGNATURE) (D E) I here.%designate to act as my agent in matters related to this application for permit(s). (APPLICANT SIGNATURE) (DATE The action or actions Applicant will undertake as a result of the issuance of this permit may negatively impact upon one or more threatened o - dangered species and could lead to a potential "take"of an endangered species as those terms are defined in the federal la .. . as the "Endangered Species Act" or "ESA." Jefferson County makes no assurances to the applicant that the actions th-Or be un•-rtaken because this permit has been issued will not violate the ESA. Any individual,group or agency can file a lawsuit - '-If o an endangered species regarding your action(s) even if you are in compliance with the Jefferson County developmey code .he Applicant acknowledges that he,she or it holds individual and non-transferable responsibility for adhering to and comp• •. T,e Applicant has read this disclaimer and signs and dates it below. _��`-:�•� 5 1 7 03 (APPL CANT OR AUTHORIZED REP-Alli IVE SIGNATURE) (DATE) MLA03-210:5/1/03 EXHIBIT A MLA03-210 Description of the Proposed Comprehensive Plan/UDC Amendments Issue The Unified Development Code (UDC) was adopted in December 2000 and became effective as Jefferson County's set of development regulations to implement the Comprehensive Plan on January 16, 2001. Adoption of the UDC was appealed by the Shine Community Action Council and the Olympic Environmental Council with regard to groundwater protection and seawater intrusion. The Western Washington Growth Management Hearings Board (WWGMHB) issued a Compliance Order(No. 01-2-0015) on December 5, 2002, which included direction to adopt seawater intrusion policy as a Growth Management Act (GMA) action. The Board of County Commissioners (BOCC) directed staff to establish a placeholder Comprehensive Plan amendment application for the 2003 amendment cycle. This proposal will be developed and refined in the coming months in combination with MLA03-202, a seawater intrusion protection proposal developed by the Planning Commission and currently under review by that body. Background information is located at this site: http://www.co.jefferson.wa.us/commdevelopment/SEAWATER%20INTRUSION.htm. Board of County Commissioners Concern Compliance Order No. 01-2-0015 gives the County until June 5, 2003 to take action to comply with the GMA. The BOCC has directed staff to prepare a placeholder Comprehensive Plan amendment as part of the on-going compliance effort. Department of Community Development Recommendation DCD has no recommendation at this time. After June 5, 2003, the deadline for GMA compliance, DCD will prepare Comprehensive Plan amendments associated with compliance actions taken by the County. Affected CP and UDC Sections To be determined. MLA03-210 Exh.A.5/1/03 Page 1 EXHIBIT B MLA03-210 Proposed Line-In/Line-Out Comprehensive Plan & UDC Amendment Language To be determined. MLA03-210 Exh.B:5/1/03 Page 1 EXHIBIT C MLA03-21 0 Submittal Requirement #6 Please prepare and label as"Exhibit C,"a thorough explanation of how the proposed amendment, meets, conflicts with, or relates to the following inquiries. (NOTE: Simple"yes"or"no" responses are unacceptable.) 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? This application is the result of a Compliance Order from the Western Washington Growth Management Hearings Board. 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? This application is the result of a Compliance Order from the Western Washington Growth Management Hearings Board. c. Does the proposed amendment reflect current widely held values of the residents of Jefferson County? This application is the result of a Compliance Order from the Western Washington Growth Management Hearings Board. [END] MLA03-210 Exh.C:5/1/03 Page 1 ENVIRONMENT EXHIBIT B MLA03-210 ENVIRONMENT ELEMENT PURPOSE: The purpose of the Environment Element is to describe specific criteria and review processes, and to identify regulations to achieve a balance between land development and use activities and environmental protection,consistent with the requirements of the Growth Management Act. RELATIONSHIP WITH OTHER ELEMENTS OF THE PLAN The complexity of the issues associated with environmental protection requires that several other elements of the Comprehensive Plan address specific aspects of these issues and propose methods to address them. However,the Environment Element integrates the specific perspectives and methods from other elements that address environmental protection. Background information on environmental conditions and issues can be found in Appendix E of this Plan. The following table summarizes the environmental protection issues identified and addressed in other elements of the Plan: Element Discussion 1. Land Use/Rural Environmental features are important components of the rural character of Jefferson County. Shorelines, wildlife habitat, and water resources contribute to a sense of place and enhance the quality of life through natural ecological functions. Unmanaged, sprawling growth is the most significant threat to environmental quality in Jefferson County. In order to protect the public health and welfare, land use regulations are developed that respect the rights of property owners and preserve environmental functions. 2.Natural Resources Natural resource lands provide important environmental functions, Conservation including surface water protection, habitat enhancement, and ground water recharge. Mineral lands can be reclaimed in a manner that provides enhanced environmental functions. Significant environmental features on natural resource lands should be preserved through the use of best management practices(BMPs). 3. Open Space,Parks and Open space is fundamental for environmental protection and Recreation enhancement. New policies are developed for the preservation of the County's significant environmental features through the use of an enhanced open space network. 4. Utilities Protection and management of water resources as a necessary public supply is linked to water system policies. Protection of existing water supplies and development of future supplies should be consistent with the protection of water resources and related environmental resources. Water resource protection also requires a storm water management plan that is integrated with a comprehensive watershed approach. Jefferson County Comprehensive Plan 8-1 August 28,1998 ENVIRONMENT 5. Capital Facilities Recent population growth has raised concerns regarding the ability of surface and ground water sources to meet demand. The demands include not only public supply, but also those for habitat, recreation, and aesthetics. ENVIRONMENTAL STRATEGIES Jefferson County believes that a healthy environment is fundamental to the quality of life of its citizens. While protection of the environment is a primary goal of the GMA planning process, neither the text of the Act nor the decisions of the Hearings Boards define specifically how this is to be accomplished. Therefore, for the purposes of this plan, Jefferson County has adopted a working definition of environmental protection which is based on the relationship between four essential components: • Watershed and Fish Habitat Recovery Management Strategy; • Regulatory Strategy for Consolidated Environmental Review; • Critical Areas Protection Strategy; and, • Public Education and Involvement Strategy. Watershed and Fish Habitat Recovery Management Strategy A Watershed and Fish Habitat Recovery Management Strategy recognizes the interconnected nature of environmental resources through the hydrologic cycle, and the necessity to develop comprehensive watershed and fisheries recovery management plans as the framework for resource management. The 1998 proposed listings of salmon and bull trout species as "threatened" under the Endangered Species Act, including the Hood Canal Summer Chum and the Puget Sound Chinook require that Jefferson County develop land use regulations to protect habitat based on integrated watershed and salmon habitat recovery plans. The County expects to work with local,tribal, state and federal agencies to develop land use regulations based on these plans that protect the water resources of the County for use by future residents and for the fish species that are threatened with extinction,as well as all other species. Watershed management of hydrological resources addresses wetlands, shorelines, surface waters, aquifer recharge, landslide hazards, flood hazards, and frequently flooded areas. It incorporates management of instream flow volumes and storm water quality and quantity. It has a direct impact on and is integrally related to the protection of fish and wildlife habitat. The 1997 state legislature enacted laws which establish the framework for watershed and fish habitat recovery planning. Jefferson County, a member of the Jefferson County Water Resources Council, will work with adjacent counties and other parties to develop watershed management plans on which land use regulatory decisions will be based. The goals and policies of the Environment Element reflect the County's commitment to resource management based on watershed and fish habitat recovery planning. As watershed plans are translated into land use regulations, a number of programs may be affected. Table 8-1 below provides an overview of the County regulatory issues for various water uses, and the Comprehensive Plan elements in which some of these issues are addressed. The primary agencies and laws with regulatory authority or involvement for the various water uses are listed in Table 8-2. Jefferson County Comprehensive Plan 8-2 August 28, 1998 ENVIRONMENT Table 8-1 Water Resources: Uses,Regulatory Issues,and Comprehensive Plan Elements Water Resource Water Uses County Regulatory Issues Comprehensive:Plents with h primary water responsibility Potable Water Supply: Aquifer recharge, Utilities—water systems, Domestic/Commercial wellhead protection, individual wells,wellhead and Municipal storm water, protection,storm water water quality, Environment—aquifer recharge, water system planning, water quality Ground Water& individual wells Surface Water Uses aquifer recharge, Utilities—water systems, Industrial storm water, wellhead protection,storm water water system planning, Environment—aquifer recharge, wellhead protection, water quality water quality aquifer recharge, Utilities—storm water storm water, Environment—aquifer recharge, Agricultural water quality, flooding,wetlands,habitat, flooding, aquifer protection,water quality wetlands, Capital Facilities—flood fish/wildlife habitat, management aquifer protection instream flows, Utilities—storm water Fish/Wildlife; storm water, Environment—instream flows, Instream Flows Recreation; water quality flooding,wetlands,habitat, Hydropower fish/wildlife habitat, shorelines,water quality flood management, Capital Facilities—flood shorelines management, management wetlands fish/wildlife habitat, Environment—habitat,shellfish, Fish/Wildlife; shellfish protection areas, wetlands,shorelines,water Marine Shellfish; wetlands, quality. Recreation shorelines management, Utilities—storm water storm water, water quality Jefferson County Comprehensive Plan 8-3 August 28, 1998 ENVIRONMENT Table 8-2 Water Resources: Responsible Agencies and Applicable Laws* Water Water Uses Federal Authority and. State Authority and Local Authorityand:Laws Resource Environmental Laws Laws Potable Supply: Agencies—Environmental Agencies—Depts of Agencies—Planning Department; Ground Water Protection Agency Ecology and Health Public Works;County Health Quality/Quantity Legal:Clean Water Act,Ground Legal Ground Water Department Management water guidelines,Safe Drinking Quality Standards, Legal—Critical Areas Ordinance; Water Act Surface Water Quality Coordinated Water System Plan Standards,Water Code Potable Supply: Agencies—Environmental Agencies—Department Agencies—County Health Ground Drinking Water Protection Agency of Health Department;Planning Water& Legal—Safe Drinking Water Act Department Surface Legal—Critical Areas Ordinance; Water Uses Coordinated Water System Plan Industrial Agencies=Environmental Agencies—Department Agencies—Planning Department Protection Agency of Ecology Legal—Clean Water Act Legal:NPDES regulations,Water Code Agricultural Agencies—Environmental Agencies—Department Agencies—Planning Department; Protection Agency;U.S. of Ecology;Department Public Works;Washington State Department of Agriculture;Natural of Agriculture University Cooperative Resource Conservation Service Legal—Water Code, Extension;Conservation District Legal—Clean Water Act Surface Water Quality Standards Agencies—Environmental Protection Agency;U.S.Dept.of Agencies—Department Agencies—Planning Department; the Interior;U.S.Dept.of Fish and of Ecology;Department Public Works Fish/Wildlife Wildlife;U.S.Forest Service; of Natural Resources; Legal—Critical Areas Ordinance; Instream Recreation Bureau of Indian Affairs;National Department of Fish and Shoreline Master Program Flows Hydropower Park Service;Federal Energy Wildlife Regulatory Commission,Army Legal- Water Code Corps of Engineers,Bureau of Reclamation Legal—Clean Water Act; Endangered Species Act;Indian Treaty Rights Agencies—Department Agencies—Planning Department; Agencies—Environmental of Ecology;Department Public Works;County Health Fish/Wildlife Protection Agency;U.S. of Natural Resources; Department Marine Shellfish Department of the Interior;U.S. Department of Fish and Legal—Critical Areas Ordinance; Recreation Department of Fish and Wildlife; Wildlife;Department of Shoreline Master Program Bureau of Indian Affairs;National Health Marine Fisheries;Army Corps of Legal—Shellfish Engineers Certification,Surface Legal—Clean Water Act; Water Quality Endangered Species Act Standards *This list of laws and agencies is not all-inclusive,but lists those most frequently encountered on the local level. Jefferson County Comprehensive Plan 8-4 August 28, 1998 ENVIRONMENT Regulatory Strategy for Consolidated Environmental Review A Regulatory Strategy for Consolidated Environmental Review is an approach that combines various state and local environmental protection programs within a single regulatory framework. By encouraging inter-agency cooperation and integrating these programs into a unified implementation strategy, the review process is simplified and made more efficient, thereby making environmental protection more comprehensive,effective and predictable. Environmental review concentrates on those land development and use activities that have the greatest potential to have significant cumulative impact on the natural systems of the County. As a response to the current deficiencies of the local regulatory framework in regard to environmental protection, the County's regulatory strategy includes the adoption and implementation of the following: 1. A Clearing and Grading Ordinance that provides criteria and defines a threshold to ensure adequate protection of critical areas and associated buffers for all types of significant land uses and land-disturbing activities. 2. An amended Storm Water Ordinance that will adequately address the important issues of storm water management and conservation. 3. Special Environmental Overlay Districts created for areas of Jefferson County that are characterized by unique environmental protection needs. For example, Marrowstone Island has been designated a "Sole-Source Aquifer Area" by the Department of Ecology, and, as such, requires specific policies addressing its unique features and concerns, such as salt water intrusion. The regulatory strategy for consolidated permit review is presented in the Comprehensive Plan through goals and policies that provide guidelines for types and thresholds of protection for each resource area. The action items under the regulatory strategy address the ordinances that will need to be written, revised, or amended, as well as the collection of scientific data on which to base permit decisions. Coordination with state and local agencies is included in order to streamline the multiple jurisdictional levels of review for many activities. Critical Areas Protection Strategy The Critical Areas Protection Strategy describes the regulations and methodologies used to protect the critical environmental areas found throughout Jefferson County. Protection and enhancement of critical areas were determined by the state legislature to be essential to the maintenance of public health and safety. The designation of Critical Areas in Jefferson County was guided by GMA requirements, state guidelines, and a extensive local review process (see Appendix E). In 1994, the Jefferson County Interim Critical Areas Ordinance was adopted. The ordinance was amended on June 26, 1995 to add provisions for the protection of Critical Aquifer Recharge Areas. The ordinance incorporates by reference the Jefferson County Floodplain Management Ordinance(Ordinance #1-89) for the regulation of frequently flooded areas, with language added that identifies these critical areas according to the Federal Emergency Management Agency (FEMA) 100-year floodplain designations. The Interim Critical Areas Ordinance designates and regulates the following critical areas as required under RCW 36.70A.030(5): Jefferson County Comprehensive Plan 8-5 August 28, 1998 ENVIRONMENT • Wetlands; • Aquifer recharge areas; • Frequently flooded areas; • Geologically hazardous areas;and, • Fish and wildlife habitat conservation areas. Following the adoption of the Comprehensive Plan and pursuant to the provisions of RCW 36.70A.060(3), the Interim Critical Areas Ordinance will be reviewed for consistency with the Comprehensive Plan prior to its adoption as a final ordinance. Provisions may be revised based on the review, for example, of regulations protecting fish and wildlife habitat that may need to be revised in light of the proposed listing of fish species under the Endangered Species Act. The regulatory protection of critical areas will improve as the data base of information is developed over time. Action items under this strategy include continuing to inventory and map environmental conditions, which will increase the efficiency and the level of protection over the 20-year period of this plan. Critical Areas maps will be updated as new scientific information becomes available. Public Education and Involvement Strategy A Public Education and Involvement Strategy has been included in the Environmental Element in recognition of the importance of public awareness and involvement to the success of an environmental protection program. Education regarding measures and regulations designed to protect property owners from environmental hazards will improve compliance with these regulations. In addition,when property owners of existing development are educated regarding natural processes and resource protection, they are likely to better manage their property,to seek assistance early,and to avoid taking actions which may cause problems on their own or nearby land. A public involvement approach is also far more cost-efficient for both property owners and the County, in that addressing problems in advance is generally less costly than being forced to address them after they have become critical. Jefferson County's commitment to public education and involvement through the action items of this strategy will result in more effective protection of resources, the protection of life and property, and a population of residents who are more informed about, supportive of, and individually active in environmental protection. COMPREHENSIVE ENVIRONMENTAL PROTECTION In order to address the environment in a comprehensive manner, Jefferson County has developed additional environmental goals and policies for protection of the following: • Shorelines • Air quality • Natural heritage vegetation and landforms • View and noise conditions The implementation of this Plan through a revision of County ordinances will be guided by the goals and policies for these areas. Jefferson County Comprehensive Plan 8-6 August 28, 1998 ENVIRONMENT Shorelines - Jefferson County contains significant shoreline resources, with approximately 202 miles of saltwater shoreline, 367 miles of streams, and 14 miles of lake shoreline. Over 80 percent of the shorelines in Eastern Jefferson County are privately owned, while most of the shorelines in the West End along the Pacific Ocean are managed by the National Park Service. In addition to providing fish, shellfish, and wildlife habitat,the shorelines of Jefferson County have value for residential and economic uses. Shorelines of the State are regulated under the Shoreline Management Act (Chapter 90.58 RCW). Amendments to the Jefferson County Shoreline Master Program must be approved by the Department of Ecology and must comply with the State law. Shoreline permits issued by the County are reviewed by the State for compliance with State law. The County's Shoreline Management Master Program will be revised in the next several years to comply with the Growth Management Act, based on a review for consistency with this Comprehensive Plan and on guidelines currently being developed by the State. The revised Master Program will be adopted as an element of the Comprehensive Plan. During the interim period prior to adoption of a revised Shoreline Management Master Program, where shoreline regulations conflict with other ordinances,the more restrictive regulations shall apply. The marine shorelines of Eastern Jefferson County have been developed at a rapid rate in some areas over the past several decades. In some areas, adverse impacts to the environment have occurred in terms of fish habitat damage, water quality degradation, altered patterns of sediment transport, and landslides where drainage and construction measures have exacerbated the instability of bluffs. Because activities in one area of the shoreline can have significant impacts in other shoreline areas,permit review processes must recognize the interdependence of shoreline landform stability and habitat with shoreline transport systems,drainage systems,and geologic conditions. The goals, policies,and strategies for shorelines address the regulation of the shoreline for the protection of environmental functions, and the coordination of permitting decisions with state agencies responsible for environmental protection. In addition, because of the potential property damage that can result for a landowner and nearby properties if natural processes are ignored, the goals and policies of this plan include protection of property from the individual or cumulative effects of shoreline development. Public access and public education are also included as components that promote shoreline protection and enjoyment. Air Quality Air quality throughout Jefferson County is generally good. The Olympic Air Pollution Control Authority, with regulatory authority under the Clean Water Act, attributes air pollution on the Olympic Peninsula to motor vehicles, outdoor burning, industrial emissions, and residential wood-stoves. Air quality in East Jefferson County is more of a concern than that of the West End, given the higher concentrations of development and population. Occasional burning bans which include the use of wood-burning stoves are declared when regional weather conditions result in a decrease in regional air quality. Over the next 20 years the population growth in East Jefferson County may contribute to a decrease in air quality, in particular along major transportation routes. The Environment Element proposes policies and strategies to address the long- term air quality of the County. Jefferson County Comprehensive Plan 8-7 August 28, 1998 ENVIRONMENT Natural Heritage Vegetation and Landforms - Jefferson County's natural environment includes native vegetation, ecosystems, and landforms which have value to the community as the basis of its natural heritage. It is the intent of the County to protect areas of native ecosystems and to promote the use of native vegetation. Natural landforms and geologic outcrops with educational and scientific value, are included as having natural heritage value, and protection of these areas is encouraged for the education and enjoyment of future residents. View and Noise Conditions The mountain, water, and valley views found in Jefferson County have significant value for County residents and visitors. County residents depend on these scenic resources for enriching their quality of life and maintaining economic vitality. Tourist activities and real estate property values reflect the high value placed on this aesthetic amenity. There are currently no regulations for the protection of views and viewsheds. A public discussion during the process of developing ordinances to implement the Comprehensive Plan can be used to determine the extent to which citizens feel that view protection should be regulated. Given the rural nature of the County,there is very little light or glare"pollution"of concern to residents. Protection of the rural character of the community includes protection from excessive light and glare that may accompany development. In rural Jefferson County the noise of a neighbor's chain saw is generally an accepted part of life, and noise conditions have not generally been considered a problem. Resolving the impacts of growth in a changing rural area may require a level of noise regulation that will be determined in public processes for development of ordinances following approval of the Comprehensive Plan. CRITICAL AREAS MAPS Maps are provided on the following pages that depict the location of critical areas identified by Jefferson County. Not all critical areas have been mapped. Jefferson County will continue to improve the information on which permit processing is based, in order to protect the public from inappropriate development and to protect the functions and values of critical areas. Jefferson County Comprehensive Plan 8-8 August 28,1998 cc: vt-D mus • . JEFFERSON COUNTY State of Washington MODIFYING THE PREVIOUSLY ) RESOLUTION NO. 61-02 ENACTED COASTAL SEAWATER ) INTRUSION POLICY ) WHEREAS,the Jefferson County Commissioners(or"BoCC")adopted Resolution#44- 02 in order to comply with a Final Decision and Order("FDO")published by the Western Washington Growth Management Hearings Board("WWGMHB") in Hearings Board Cause #01-2-0015 (Olympic Environmental Council,Shine Community Action Council v.Jefferson County); and, WHEREAS,Resolution#44-02 led to the creation of new Seawater Intrusion Protection Zones,or"SIPZ" [through simultaneous enactment of Ordinance#07-0723-02] as critical areas or zones requiring protection and designation pursuant to the FDO promulgated by the WWGMHB pursuant to the WWGMHB's interpretation of what the state law known as the Growth Management Act("GMA") requires of counties who plan under the GMA; and, WHEREAS, one of the three kinds of SIPZ is a"High-Risk"SIPZ,defined as specifically a"High Risk"Seawater Intrusion Protection Zone; and, WHEREAS, a High Risk SIPZ extends in a thousand foot radius from any individual well that indicates a chloride reading of 200 parts per million(or"200 ppm"); and, WHEREAS, Resolution#44-02 and Ordinance#07-0723-02 contained language stating that the entire region of a High-Risk SIPZ would be,for the purposes of the Washington Administrative Code §173-160-171(3)(a)(v) and the Department of Ecology's implementation of that WAC provision,considered to be a"known or potential source(s)of contamination," specifically the contaminant known as"sea-salt water intrusion areas; and, WHEREAS,the County understood that since only Ecology held the authority to grant permission to install a well upon or near(within 100 feet) a contaminated source, then only a Resolution No.61—ore:Modifying the Previously Enacted Coastal Seawater Intrusion Policy Ecology could grant authority to install a well in a High Risk SIPZ,which was,by definition, entirely a source or potential source of a known contaminant; and, WHEREAS,Ecology has the authority to grant a waiver from rules prohibiting installation of a well upon a potential or known source of contamination pursuant to WAC §173- 160-106; and, WHEREAS,in furtherance of our understanding that Ecology had in place this variance process that granted it the authority to grant a waiver that would permit installation of an individual well proposed at any location within a High-Risk SIPZ(or any location within 100 feet of the outer edge of the High-Risk SIPZ)as a source or potential source of contamination, the County promulgated a policy in Resolution#44-02 and legislatively established in Ordinance #07-0723-02 a system whereby any applicant or landowner wishing to install a well in a High Risk SIPZ(or within 100 feet of the outer edge of the High-Risk SIPZ)AND then use that well as proof of potable water for a building permit would be required to obtain a variance from the State Department of Ecology(pursuant to state administrative code) to install that well as a precondition to installing that well or as a precondition to using it for potable water if it dated from before the effective date of Ordinance#07-0723-02; and, WHEREAS,the County Commissioners(with County staff present)held telephone conferences with representatives from the Department of Ecology on September 17th and 19th and discovered from those conferences that the Department of Ecology would not, under any circumstances,grant a waiver(i.e.,grant permission)for a well to be installed at any location inside the High Risk SIPZ because the County had defined the entire High-Risk SIPZ as a "source of known or potential contamination;"and, WHEREAS, the Department of Ecology interpretation, in conjunction with the language found in Ordinance#07-0723-02 [as promulgated initially by Resolution#44-02],the bottom of Rage 6 of the line in-line out Exhibit attached to that Ordinance, codified at UDC §3.6.5(d)(9)(iv)(C)(3), serves to make the entirety of any and all High-Risk SIPZ the equivalent of a"NO-BUILD"zone since Ecology's permission would never be granted to an applicant; and, Page 2 of 4 61-02 Resolution No. re:Modifying the Previously Enacted Coastal Seawater Intrusion Policy WHEREAS,the best available science in this regard,for example,the December 1994 Hong West report to this County,NEVER CONCLUDED that the region or area in proximity to a well indicating chloride in excess of 200 ppm should be subject to a BUILDING MORATORIUM, and, WHEREAS, instead reports such as Hong West indicated that new wells could be constructed and installed within 1000 feet of a well showing 200+ppm if the applicant obtained a"Seawater Intrusion Evaluation Report,"which would determine the impacts the new well might have on older, surrounding wells and would generally require monitoring as well as the subsequent use of water conservation measures; and, WHEREAS,the County Commissioners never intended by the enactment of Ordinance #07-0723-02 and the adoption of Resolution#44-02 to transform every High-Risk SIPZ into a NO-BUILD zone and such a result,intended or not,is not acceptable to these County Commissioners; and, WHEREAS,the amending language separately adopted by this County Commission on September 23,2002 in the Interim Control Ordinance of that date no longer defines the entire High-Risk SIPZ as a"known or potential source of contamination" [the phrase found in the WAC §173-160-171(3)] and instead define only the pinpoint,that is,the individual well having a chloride reading in excess of 200 ppm as the"known or potential source of contamination;"and, WHEREAS,the amending language separately adopted by this County Commission on September 23, 2002 in the Interim Control Ordinance of that date now requires any person with real property inside a High Risk SIPZ who chooses to use either an extant well or a well that is to be constructed as proof of potable water for a residence to obtain an expert's report, specifically a hydrogeological assessment,indicating that there is a"reasonable probability"that the applicant's well will not degrade the aquifers BEFORE this County will concur that the applicant has provided proof of sufficient potable water; and, WHEREAS, the"Coastal Seawater Intrusion Policy"should and must be amended and altered to reflect the changes legislatively adopted by this County Commission on September 23,2002 through an Interim Control Ordinance; and, Page 3 of 4 61-02 Resolution No. re:Modifying the Previously Enacted Coastal Seawater Intrusion Policy WHEREAS, adoption of that Interim Control Ordinance and this Resolution does not lessen the regulations(e.g.,mandatory monitoring,mandatory water conservation measures) imposed upon an applicant owning land located inside a High Risk SIPZ who chooses to use either an extant well or a well that is to be constructed as proof of potable water for a residence, but instead only eliminates from the process any language that requires the applicant to contact the Department of Ecology because of the"blanket"rule Ecology staff laid down during the telephone conference of September 19`h; and, WHEREAS,this Resolution does not alter any of the other conditions that are imposed upon an applicant owning land located inside a High Risk SIPZ who chooses to use either an extant well or a well that is to be constructed as proof of potable water for a residence; and, WHEREAS, adoption of this Resolution does not change the regulatory structure, meaning that the County continues to be in full compliance with the FDO of January 2002 issued in WWGMHB Cause No.01-2-0015. NOW, THEREFORE,BE IT RESOLVED as follows: Section 1-Revised Coastal Seawater Intrusion Policy The attached Coastal Seawater Intrusion Policy hereby repeals and replaces any earlier version of the Coastal Seawater Intrusion Policy and is made official policy. Section 2-Effective Date This Resolution is effective as of its date of adoption. ti✓- �uti,a► Y 0 r..�, t APPROVED AND ADOPTED this 1 day of l .w,c 2002. ` i' '" SEAL\; V.,, • JEFFERSON COUNTY • :OARD 0A0Mi • RS fr ...‘ ;3, 4. 4 j ■111wr ar; • , ":; -"7 • ie ff 4I ST: le u ��' 1 �� r CgjjAt 19%, th. • • • Lorna Delaney, CMC ' ,fgr-- Clerk of the Board Dante em: Page 4 of 4 BOARD OF COUNTY COMMISSIONERS Coastal Seawater Intrusion Policy September 24,2002 Goal: Jefferson County intends to protect groundwater quality from further degradation due to seawater intrusion,primarily through land use regulatory authority under Revised Code of Washington(RCW)36.70A. A corollary goal is the promotion of public health through encouragement of public water system use throughout the county. Elements: Designation of affected areas,voluntary and mandatory measures(implemented through Unified Development Code—UDC- and Environmental Health regulations), other policy elements,public outreach and education,monitoring and adaptive management. Designation: Seawater Intrusion Protection Zones(SIPZ)include aquifers and land areas overlying aquifers at some level of vulnerability to seawater intrusion, as defined either by proximity to marine shoreline or by proximity to groundwater sources that have demonstrated high chloride readings. All land area within'A mile of marine shorelines and on all islands is classified as a coastal SIPZ, a subcategory of a Critical Aquifer Recharge Area. Additionally, areas within 1000 feet of a groundwater source with a history of chloride analyses above 100 milligrams per liter(mg/L) are categorized as either"at risk"(between 100 mg/L and 200 mg/L) or"high risk"(over 200 mg/L). Individual groundwater sources with a history of chloride analyses above 200 mg/L shall be considered"sea-salt water intrusion areas,"which are among the"sources or potential sources of contamination"listed in Washington Administrative Code (WAC) 173-160-171,implementing code for the Water Well Construction Act. In some cases, high chloride readings may be indicative of connate seawater(i.e., relic seawater in aquifers as opposed to active seawater intrusion). When best available science or a hydrogeologic assessment demonstrates that high chloride readings in a particular area are due to connate seawater,the area in question shall not be considered an at risk or high risk SIPZ. (The Chimacum valley is an example of this type of area.) When the status of an area is in question, the UDC Administrator is responsible for making the determination based upon recommendation from the Department of Health and Human Services. Geographic Information Systems(GIS)maps of designated SIPZ will be periodically updated using data from permit applications,well monitoring, and other available information. Voluntary and Mandatory Measures:Activities to be conditioned and regulated include well drilling, subdivision approval, and issuance of building permits. General information is provided, followed by voluntary and mandatory measures specific to coastal, at risk, and high risk SIPZ. 1. Well Drilling: The Washington State Department of Ecology(Ecology)is responsible for regulation of well drilling under RCW 18.104. Per WAC 173-160-171,proposed wells must be sited at least 100 feet from"known or potential sources of contamination,"which include"Sea-salt water intrusion areas." Ecology provides a procedure for applicants to obtain a variance from a regulation or regulations of Chapter 173 WAC"...[w]hen strict compliance with the requirements and standards of this chapter are impractical"(WAC Coastal Seawater Intrusion Policy Page 1 9/24/02 BOARD OF COUNTY COMMISSIONERS 173-160-106). Though certain types of wells,including the standard individual well for domestic purposes,are exempted from the need to obtain a permit from Ecology, all wells are subject to State laws and administrative code. According to WAC 173-160- 106, Ecology response to a variance application is given within fourteen days. 2. Subdivisions: Applications for land division(UDC Section 7)in any SIPZ when the average net density proposed is less than five acres per dwelling unit must include specific and conclusive proof of adequate supplies of potable water through a qualifying hydrogeologic assessment(relevant components of an Aquifer Recharge Area Report per UDC 3.6.10.e) that demonstrates that the creation of new lots and corresponding use of water will not impact the subject aquifer such that water quality is degraded by seawater intrusion. All subdivisions in Jefferson County that create more than six new lots are subject to the acquisition of water rights(per State Attorney General opinion). 3. Issuance of a building permit: RCW 19.27.097 states, "Each applicant for a building permit of a building necessitating potable water shall provide evidence of an adequate water supply for the intended use of the building. Evidence may be in the form of a water right permit from the department of ecology, a letter from an approved water purveyor stating the ability to provide water, or another form sufficient to verify the existence of an adequate water supply. In addition to other authorities, the county or city may impose conditions on building permits requiring connection to an existing public water system where the existing system is willing and able to provide safe and reliable potable water to the applicant with reasonable economy and efficiency." Evidence of potable water may be an individual well,connection to a public water system,or an alternative system such as rainwater catchments. Whatever method is selected,the regulatory I and operational standards for that method must be met, including Jefferson County Health Code and Washington Administrative Code. Public water systems shall be preferred from a public health standpoint to other alternatives, such as the importation of water or an individual surface or rainwater catchment's system, though those alternatives are allowable subject to appropriate and established design and operational criteria. Public water systems are subject to Washington State Department of Health(DOH) saltwater intrusion policy and all applicable safe drinking water standards. DOH and Ecology regulate public water systems to protect against water quality degradation. The Jefferson County seawater intrusion policy therefore concentrates on water supplies that are not regulated as public water systems by DOH and Ecology. Jefferson County shall encourage DOH and Ecology to consider amending licenses and water rights for public systems in areas where there is evidence of seawater intrusion in the public water source or as a result of groundwater withdrawal such that no additional connections to or expansions of the affected systems are permitted. All types of building permits that require proof of potable water use are subject to this policy, specifically building permits for new single-family residences(SFRs)or othei►structures with plumbing that are not associated with an existing SFR(i.e., shops or garages vvith a bathroom). Coastal Seawater Intrusion Policy Page 2 9/24/02 I BOARD OF COUNTY COMMISSIONERS Proof of Potable Water on Existing Lots of Record Voluntary and mandatory measures of the Jefferson County seawater intrusion policy apply to well drilling proposals and building permit applications on existing lots of record within the coastal,at risk,and high risk SIPZ in the following manner: COASTAL SIPZ (i.e., all islands and area within 1/4 mile of marine shoreline,but no history of chloride concentration above 100 mg/L in groundwater sources within 1000 feet) VOLUNTARY: • Water conservation measures. • Installation of a flow meter. • On-going well monitoring for chloride concentration. • Submittal of monitoring data to County. MANDATORY: • For proof of potable water on a building permit application, applicant must utilize DOH- approved public water system if available. • If public water is unavailable,a qualifying alternative system may be used as proof of potable water or an individual well may be used as proof of potable water subject to the following requirements: 1. Chloride concentration of a laboratory-certified well water sample submitted with building permit application. AT RISK SIPZ (i.e.,within 1000 feet of a groundwater source showing chloride between 100 and 200 mg/L) VOLUNTARY: • Water conservation measures. MANDATORY: • For proof of potable water on a building permit application, applicant must utilize DOH- approved public water system if available. • If public water is unavailable,a qualifying alternative system may be used as proof of potable water or an individual well may be used as proof of potable water subject to the following requirements: 1. Chloride concentration of a laboratory-certified well water sample submitted with building permit application. 2. Installation of a flow meter. 3. On-going well monitoring for chloride concentration. 4. Submittal of flow and chloride data to the County per monitoring program. Coastal Seawater Intrusion Policy Page 3 9/24/02 ' I II BOARD OF COUNTY COMMISSIONERS HIGH RISK SIPZ (i.e.,within 1000 feet of a groundwater source showing chloride concentrations above 200 mg/L) MANDATORY: • Water conservation measures(per list maintained by UDC Administrator). • For proof of potable water on a building permit application, applicant must utilize DOW approved public water system if available and if public water is unavailable,a qualifying alternative system may be used as proof of potable water; an individual well may only be used as proof of potable water subject to the following requirements: 1. Variance from Chapter 173 WAC standards granted by Ecology per WAC 173-160- 106 for a new groundwater well within 100 feet of a sea-salt water intrusion area per WAC 173-160-171 (i.e.,within 100 feet of a groundwater source showing chloride concentrations above 200 mg/L or within 100 feet of a marine shoreline); or for an existing or proposed groundwater well not subject to an Ecology variance, applicant must provide evidence through a qualifying hydrogeologic assessment (relevant components of an Aquifer Recharge Area Report per UDC 3.6.10.e) of a reasonable probability that the subject aquifer will not be degraded by the proposed use of the well. 2. Chloride concentration of a laboratory-certified well water sample submitted with building permit application. 3. If chloride concentration exceeds 250 mg/L in a water sample submitted for a building permit,then the property owner shall be required to record a restrictive covenant that indicates a chloride reading exceeded the U.S.Environmental Protection Agency secondary standard(250 mg/L)under the National Secondary Drinking Water Regulations. 4. Installation of a flow meter. 5. On-going well monitoring for chloride concentration. 6. Submittal of flow and chloride data to the County per monitoring program. Other Policy Elements: • Continue County approval of qualifying rainwater catchments systems as an alternative to individual wells(Environmental Health regulations). • Develop policies to approve the importation and storage of water in certain problem areas (Environmental Health regulations). • Strengthen approval and monitoring requirements for public water systems to ensure that chloride testing is an element of DOH monitoring for systems which have sources located within a SIPZ (Coordinated Water System Plan—CWSP—and DOH). • Strengthen protections of aquifer recharge areas through adoption and implementation of Ecology 2001 Stormwater Management Manual for Western Washington,promoting on- site infiltration of stormwater(UDC regulations;amendment anticipated 2002). • Eliminate off-site disposal of surface or sub-surface water(stormwater tightlines and curtain drains) unless exceptional circumstances justify off-site disposal and appropriate mitigation is proposed and implemented; adjust current regulation so that affected area extends from 500 feet to '/4 mile from marine shorelines(UDC regulations). • In order to limit well construction and protect public health, continue promotion of public water systems as preferable to individual wells and other alternative water supplies; Coastal Seawater Intrusion Policy Page 4 9/24/02 BOARD OF C'OUIV7T COMMISSIONERS continue requirement for connection to existing public water systems when proposed development location is within approved public water service area boundaries. • Continue application of Uniform Plumbing Code(UPC)requirements with regard to low- flow faucets and other mandatory water conservation measures. Public Outreach and Education: • Conduct education and outreach program through Washington State University (WSU) Extension; establish Memorandum of Understanding(MOU)with WSU for program. • Encourage water conservation measures countywide;mandate water conservation measures in high risk SIPZ. • Send letter to new Jefferson County residents/property owners regarding groundwater use and protection; implement other means of public notice, as resources allow. Monitoring: • Enter into MOU with Public Utility District#1 (PUD)regarding the monitoring program. • Standardize chloride sampling in a manner that assures quality control. • Establish other well monitoring locations, as resources allow. • Coordinate data interpretation and application through Water Resource Inventory Area (WRIA) Planning Units operating in Jefferson County per the Watershed Planning Act. • Seek grant funding for additional research and encourage State and Federal partners to conduct research related to the issue of seawater intrusion in Jefferson County. Adaptive Management:for aquifers with degrading water quality due to seawater intrusion. Jefferson County will rely on technical input from the PUD,WRIA Planning Units, and others, as appropriate, in annual review of well monitoring data,building permit data, and other relevant data on groundwater quality and quantity in order to determine whether water quality vis-à-vis seawater intrusion is degrading. The Department of Health and Human Services and/or the Department of Community Development will report to the BOCC annually on the status of seawater intrusion in Jefferson County. Every five years a comprehensive analysis will be conducted and report generated summarizing results. If the Board of County Commissioners determines that actions under the Jefferson County seawater intrusion policy prove insufficient to protect groundwater in at risk and high risk SIPZ from seawater intrusion (i.e., analysis of the monitoring data for a defined area using appropriate methodology' shows statistically significant degradation of water quality due to seawater intrusion), Jefferson County will immediately: 1. Adopt a moratorium in the affected area on the issuance of building permits for which individual groundwater wells are proposed as proof of potable water until such time as area water quality improves or a plan is developed with the objective of improving area water quality. 2. Adopt a moratorium on subdivisions in the affected area that propose individual groundwater wells as proof of potable water until such time as area water quality improves or a plan is developed with the objective of improving area water quality. 1 Appropriate combination of accepted scientific methodology for evaluating seawater intrusion impact,as described in Pacific Groundwater Groff p study(1996),Washington Administrative Code,,United States Geological Survey protocol,and other contemporary examples and approaches. Coastal Seawater Intrusion Policy Page 5 9/24/02 BOARD OF COUNTY COMMISSIONERS 3. Establish an aquifer protection district via public vote(RCW 36.36)or, if necessary, petition Ecology to form a groundwater management area(per WAC 173-100). Coastal Seawater Intrusion Policy Page 6 9/24/02