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l—\ DOCUMENTS 1) Letter from Cheryl Brunette 2) 197-11-800 3) JC "Cases Associated with Parcel" 4) Permit Case Study 5) PT Leader Article 6) Sole Source Aquifer Information 7) 197-11-305 8) Plans as presented by Kevin Coker 5/15/17 MICA Meeting Cheryl Brunette POBox 112 r q2 FJac1lOer Q,c Nordland WA 98358 J 360-385-5425 27 June 2017 Stephen K. Causseaux, Esq. Jefferson County Hearing Examiner 902 South 10th Street, Tacoma Washington 98405 C.C. Patty Charnas, Director of Community Development, pcharnas@co.jefferson.wa.us Patrick Hopper, Associate Planner, phopper@co.jefferson.wa.us Kate Dean, County Commissioner District 1,jeffbocc@co.jefferson.wa.us Kathleen Kler, Commissioner District 3,jeffbocc@co.jefferson.wa.us David Sullivan, Commissioner District 2,jeffbocc@co.jefferson.wa.us Philip Morley, County Administrator,pmorley@co.jefferson.wa.us Bert D. Boughton, Esq., dee@crosssoundlaw.com Allison Arthur, aarthur@ptleader.com Dear Mr. Causseaux, Here is a transcript of my testimony before you on 6/27/17, at the Jefferson County Courthouse,regarding: File No: MLA17-00019: ZON17-00002—ZON17-00003 — BLD17-00093: Good afternoon. Thank you for being here and I thank the County for the opportunity to speak publicly on this issue at a formal hearing. My name is Cheryl Brunette. I am a member of the Marrowstone Island Preservation Committee and I speak on its behalf. I've been a full-time Marrowstone Island resident for 36 years and I married into a family that settled there in 1892. I know the island well. Our position is that this is a land use issue. We are not against recreational and medical use of marijuana, nor do we oppose its production or processing in Jefferson County. We do, however, oppose locating industrial facilities in rural residential neighborhoods. We just want to get it right in our County. We request that this conditional permit be denied. Absent that, we request, at the very least, that this project be subject to SEPA review. Here's our reasoning. 1) The exemption claimed for SEPA in the Staff Report is WAC 197-11-800(1)(d). That WAC is a table that specifies building sizes,that's all. We assume this is an error, and that the county means to specify that the project is exempt under of WAC 197-11-800 (1)(b)(iv)based on the reference to "a commercial structure under 12,000 square feet." 2 2) To confuse matters further, the most recent"Cases Associated with the Parcel No. 021204015"on the JC website, the one updated 4/20/17, claims that the project is exempt from SEPA review under WAC 197-11-800(1)(b)(iii) "The construction of a barn, loafing shed, farm equipment storage building, produce storage or packing structure, or similar agricultural structure . . ." and JCC 18.40.750(1)(c). Thus the County has this project in two different categories claiming SEPA exemption. So which is it, a passive agricultural building or a commercial building?If it's a commercial building, why isn't it in a commercial or industrial zone?And we contend that this is not a passive agricultural building with its footprint the size of almost a quarter of a football field, its 117 1000-watt High Pressure Sodium Lamps, 20 fans and more, including propane and plumbing, which brings me to our next point. 3) The"Permit Case Summary" lists 24 conditions. These conditions, "typically record requirements that the applicant must meet to be in compliance with the permit." Condition#23 states: "No plumbing has been reviewed or approved for this project by Jefferson County Public Health. Additional requirements may apply if plumbing is proposed." No plumbing appears on the detailed plan that was presented at the 5/15/17 MICA (Marrowstone Island Community Association) meeting, a copy of which we have given you. We contend that plumbing is a necessary component of any indoor grow operation whether it be for tomatoes, geraniums, or marijuana, and it should be in the plan. 4) The 2i'condition states: "JCPH approval for the septic system connection is approved based on the growing operation using soil as the growing medium. The use of hydroponic or water based growing media IS NOT approved." Kevin Coker, Austin Smith's local representative and a current member of the Jefferson County Planning Commission, District 1,presented the project on Smith's behalf at that 5/15/17 MICA meeting. He explained that the plants would be grown in a"closed hydroponic system." Austin Smith who lives in Seattle, and is the owner of Olympus Gardens LLC,was quoted in the 6/21/17 Port Townsend Leader: "The plants are grown in a closed hydroponic system, where the state-approved nutrients feed the plants through a drip system, and there is no runoff." Neither plumbing nor hydroponics is approved for this project. Under JCC 18.20.170 [Cottage Industries] (4)(u): "The proposed cottage industry shall comply with the standards and requirements of the Jefferson County Environmental Health Department." The Staff Comment on page 12 of the Staff Report submitted to you is: "The proposed project is consistent with this standard." We disagree. If we are to take them at their word, the project does not meet the JCPH requirements set forth in Conditions 2 and 23 in the Permit Case Summary. 3 5) Condition#4 of the Permit Case Summary identified Critical Areas on the property. Wording: "The application was reviewed by the Jefferson County Department of Community Development staff on March 22nd, 2017 for the potential presence of Critical Areas under the provisions of the Unified Development Code(UDC). After an initial Geographic Information Systems mapping review and an investigative site inspection,the following Critical Areas were confirmed to be present on the subject property: Type F Stream, Fish and Wildlife Habitat Conservation Area, Special Aquifer Recharge Protection Area, At Risk SIPZ." a) Regarding the first Critical Area,the Type F Stream, it runs over the property, down through an almost 3-acre wetland and ultimately empties into Mystery Bay which is part of Puget Sound. b) Regarding the second Critical Area,the Special Aquifer Recharge Protection Area: in 1991, EPA Region 10 designated Marrowstone Island as a Sole Source Aquifer. There are about 15 of them in all of Region 10 which includes AK, OR, WA, ID, and Native Tribes. This is not as critical as it used to be, because the island now has PUD water supplied from the wells on the mainland. However, a significant number of residents, (the PUD was unable to give me the number when I did a Public Records Request) did not opt into the PUD system and are still on their wells, thus the aquifer still needs special protection. c) The At Risk SIPZ, (Saltwater Intrusion Protection Zone) is not relevant to this property because as far as we know,there's no well on it. WAC 197-11-305(1)(a) specifically removes properties containing Critical Areas from those which may be considered categorically exempt. For this reason alone, a SEPA review should be required. We have more concerns than these including, but not limited to,waste water discharge, and light, odor, and noise pollution. Does the storm water plan adequately address the Critical Areas? Some of those concerns will be addressed by others. We appreciate the administrative challenges 1-502 has caused at the state and county levels. Trying to create fair policies while protecting the ones in existence is hard for any jurisdiction. But there is something that seems clear . . . The passage of I-502 was a mandate to decriminalize the recreational use of marijuana, but it was never a mandate to jettison zoning laws. The rationale behind zoning is that it promotes the good of the entire community in accordance with a comprehensive plan. There are places where people live and play, and there are places for industry. We suggest this project is best suited for the latter. Thank you, r Aer F Cheryl C -tte - WAC 197-11-800:Categorical exemptions. http://apps.leg.wa.gov/WAC/default.aspx?cite=197-11-800 WAC 197-11-800 Categorical exemptions. The proposed actions contained in Part Nine are categorically exempt from threshold determination and EIS requirements, subject to the rules and limitations on categorical exemptions contained in WAC 197-11-305. Note: The statutory exemptions contained in chapter 43.21 C RCW are not included in Part Nin-. hapter 43.21C RCW should be reviewed in determini ether a proposed action n. .sted as categorically exempt in Part Nine is e pt by statute from threshold determinatio - d EIS requirements. (1) Minor new constru .n - Flexible thresholds (a) The exemptions in this s ection apply to . censes required to undertake the construction in question. To be exe under t subsection, the project must be equal to or smaller than the exempt level. For a sp-.'f'• .roposal, the exempt level in (b) of this subsection shall control, unless the city/county in c• e project is located establishes an exempt level under (c) of this subsection. If the .posal is • .ted in more than one city/county, the lower of the agencies' adopted levels shall trol, regardless • hich agency is the lead agency. The exemptions in this subsecti. apply except when the p (i) Is undertaken wh. or partly on lands covered by . -r; (ii) Requires a lice se governing discharges to water that i 'ot exempt under RCW 43.21C.0383; (iii) Require. a license governing emissions to air that is not exemb under RCW 43.21C.0381 or WAC 19 11-800 (7) or (8); or (iv) '-quires a land use decision that is not exempt under WAC 197-11-81. .). 1111ni •- • • in. types of construction shall be e (i) The construction or ocation of four detachea smgre-raml(y residential units. iD The construction or location of four ultifamily residential units. k (iii) The construction of a barn, loafing shed, arm equipment storage building, produce storage or packing structure, or similar agricultural structure, covering 10,000 square feet, and to be used only by the property owner or his or her agent in the conduct of farming the property. This exemption shall not apply to feed lots. (iv) The construction of an office, school, commercial, recreational, service or storage building with 4,000 square feet of gross floor area, and with associated parking facilities designed for twenty automobiles. This exemption includes parking lots for twenty or fewer automobiles not associated with a structure. (v) Any fill or excavation of 100 cubic yards throughout the total lifetime of the fill or excavation and any excavation, fill or grading necessary for an exempt project in (i), (ii), "' , .r (iv) of this subsection shall b- -xempt. (c) Cities, towns or ..unties may raise the exempt levels up - e maximum specified in (d) of this subsection by implem- ' ing ordinance or resolution. levels shall be specified in the agency's SEPA procedures ( C 197-11-904). See. : e maximum optional thresholds are established in (d) of this subsecti.• applying t. .. h incorporated areas and unincorporated urban growth areas in fully planning jurisdi . • der RCW 36.70A.040; other unincorporated areas in fully planning counties; and jurisd' s ' all other counties. Agencies may adopt the maximum level or a level between the v. imum and . imum level. An agency may adopt a system of several exempt levels as different levels . •ifferent geographic areas, and mixed use projects. At a mi um, the following process shall be met in o .-r to raise the exempt levels. lof9 6/17/17,5:29 PM • WAC 197-11-800:Categorical exemptions. http://apps.leg.wa.gov/WAC/default.aspx?cite=197-11-800 (i) Documentation that the requirements for environmental analysis, protection and mitigation for impacts to elements of the environment (listed in WAC 197-11-444) have been adequ. 'ly address-_ for the development exempted. The requirements may be addressed in s.- is adopted de -lopment regulations, and applicable state and federal regulations. (ii) Descrip.'•n in the findings or other appropriate section of the adoptin• .rdinance or resolution of the scally established notice and comment opportunities f.• e public, affected tribes, and agencie regarding permitting of development projects i. uded in these increased exemption levels. (iii) Before adopting e ordinance or resolution contai g the proposed new exemption levels, the agency shall provide . inimum of sixty days noti o affected tribes, agencies with expertise, affected jurisdictio , the department of- ology, and the public and provide an opportunity for comment. (iv) The city, town, or county m doc ent how specific adopted development regulations and applicable state and federal laws • ide adequate protections for cultural and historic resources when exemption levels a rais-•. The requirements for notice and opportunity to comment for the public, affecte. ibes, and ab-ncies in (c)(i) and (ii) of this subsection and the requirements for protection . d mitigation in (c)(1 .f this subsection must be specifically documented. The local ••.finance or resolution shall - lude, but not be limited to, the following: • Use of availabl- .ata and other project review tools -garding known and likely cultural and historic resource uch as inventories and predictive mode .rovided by the Washington department o archaeology and historic preservation, other age .'es, and tribal governments. • Plan.' g and permitting processes that ensure compliance wi applicable laws including chapt- 27.44, 27.53, 68.50, and 68.60 RCW. ocal development regulations that include at minimum preproject cultural resource review where warranted, and standard in..v- -nt discovery langua•e SIDL fo . • •'- • e maximum exemption levels applicable to (c) o this subsection are: Fully planning GMA counties All other counties Incorporated and Other unincorporated Incorporated and Project types unincorporated UGA areas unincorporated areas Single family 30 units 20 units 20 units residential Multifamily 60 units 25 units 25 units residential Barn, loafing shed, 40,000 square feet 40,000 square feet 40,000 square feet farm equipment storage, produce storage or packing structure Office, school, 30,000 square feet 12,000 square feet 12,000 square feet commercial, and 90 parking and 40 parking and 40 parking recreational, service, spaces spaces spaces storage building, parking facilities Fill or excavation 1,000 cubic yards 1,000 cubic yards 1,000 cubic yards (2) Other minor new construction. (a) The exemptions in this subsection apply to all licenses required to undertake the following 2 of 9 6/17/17,5:29 PM Cases Associated with a Parcel http://www.co jefferson.wa.us/commdevelopment/ppquerylcm.asp?v... Alk Jefferson Coy ntWASHINGTON Weather Station Database Tools AI Maps =AtWebcam -ome ,7 County Info Departments Search Cases Associated with Parcel No: 021204015 This may not be a complete listing of information that exists for this parcel. There may be other information pertinent to the property on file. Please contact the Department of Community Development for additional information. Case Number BL. 7-00093 Description NEW . REENHOUSE 78X140 FOR I-502 ZON17-00002 ZON17-'0003 SEP07-00389 Last Name SMITH Received Date 3/8/2017 1: ':12 PM LaserFiche Links BLD17-00093 ( document is unavailabl-please contact the applicable departm• it to view the file. Status Pending Case Number ZON17-00003 Description Proposal for a conditional .se pe • it for Olympus Gardens, Washington State Liqu► and Canna..s Board License #412943 for Tier 3, 10,000 s..are foot of canop for production and a cottage industry . -rmit for processing of -creational marijuana (The type of pr' essing will be for flower an. .ry sifted hash) in a rural resid- tial 1:10 zone on Marrowstone I .nd, case MLA17-0I: 9. Production and processing will tak- .lace entirely inside • 0,080 square foot, 23 foot tall greenhouse, •eing rev.- ed under building permit BLD17-00093. Type A I screen • dscaping is required to screen use from the road and adracent ear - ' .•- .. .... . ith all ... able CC gimaraiiiii,5„„Wicjijilwamlcci.,11,241,,i,armaeopiositiemalmaialljahs,�a. The project is exempt from SEPA review under WAC 197-11-800(1) (b)(iii) and JCC 18.40.750(1)(c). Last Name SMITH Received Date 3/8/2017 11:51:37 AM LaserFiche Links ZON17-00003 document is un. :i able please contact the applicable depart : t to view • e file.) Status Pending Case Number ZON17-00002 1 of 3 6/26/17,3:58 PM Permit Details http://www.co Jefferson.wa.us/commdevelopment/ppquery/caseDetai... ff r n Count Y -` Weather Sta on . Database Tools ak, maps :....„Web am Home County Info Departments Search Permit Case Summary Case Number: Search Help Case Number: BLD17-00093 'Case Status: Pending 'Date Received: 3/8/2017 1:17:12 PM Description: NEW GREENHOUSE 78X140 FOR I-502 ZON17-00002& Date Issued: ZON17-00003 SEP07-00389 Applicant: AUSTIN SMITH 'Expiration Date: Site Address: 9272 FLAGLER RD (Case Finaled: Parcel No: 021204015- Other Cases Parcel Data Map It More Details Case Actions Below is a list of actions that have been taken by staff for this permit case. They are sorted based on the date they were added to the database with most recent actions at the top. A value in the "Date Completed" field indicates that the action has been completed. Description: Updated/Addl Info Recv'd Date Completed: 4/20/2017 Disposition: Description: Updated/Addl Info Recv'd Date Completed: 4/11/2017 Disposition: Description: Updated/Adel Info Recv'd Date Completed: 4/6/2017 Disposition: Description: A Clock Interrupt Date Completed: 4/19/2017 Disposition: DONE Description: Additional Info Request-DRD Date Completed: 4/19/2017 Disposition: DONE Description: Insp - Miscellaneous Date Completed: Disposition: Description: Insp- Foundation Footing Date Completed: 1 of 6 6/20/17,9:47 AM Permit Details http://www.co jefferson.wa.us/commdevelopment/ppquery/caseDetai... Disposition: Description: Insp- Setbacks Date Completed: Disposition: Description: Updated/Add'I Info Recv'd Date Completed: 3/16/2017 Disposition: DONE Description: A Clock Interrupt Date Completed: 3/17/2017 Disposition: DONE Description: Additional Info Request-BLD Date Completed: 3/17/2017 Disposition: DONE Description: Building Permit Application(F) Date Completed: 3/8/2017 Disposition: DONE Description: DRD Approval (Zoning) Date Completed: Disposition: Description: Final Public Works Approval Date Completed: Disposition: Description: Final Planning Approval Date Completed: Disposition: Description: Septic System Fina led Date Completed: 7/15/2009 Disposition: DONE Description: Address Review Complete Date Completed: 3/8/2017 Disposition: DONE Description: RAP Review Complete-U Date Completed: 3/10/2017 Disposition: DONE Description: Consistency Review-U Date Completed: Disposition: Description: Env. Sensitive Area Review-U Date Completed: Disposition: 2 of 6 6/20/17,9:47 AM Permit Details http:/lwww.co Jefferson.wa.us/commdevelopment/ppquery/caseDetai... Description: Stormwater Review-U Date Completed: Disposition: Description: Contractor License/Bond Info Date Completed: Disposition: Description: Public Works Review Date Completed: Disposition: Description: Potable Water Approval Date Completed: 4/7/2017 Disposition: DONE Description: Plan Check Date Completed: 3/17/2017 Disposition: DONE Description: Septic Review Complete-U Date Completed: 4/7/2017 Disposition: DONE Description: Case Entered Date Completed: 3/8/2017 Disposition: Description: App Substantially Complete-U Date Completed: 4/14/2017 Disposition: DONE Case Conditions Below is a list of conditions for this permit case. Conditions typically record requirements that the applicant must meet to be in compliance with the permit. Title: I-502 SEPTIC AND WATER Wordings This project is to permit a greenhouse for the production of recreational marijuana under I-502 regulations.The irrigation water will be PUD Quimper public water and per the owner Iall workers will live on site and utilize the residential septic system for sanitary needs. This approval does not permit nor has there been review,for the additional of employees beyond those living on site. Title: DO Wordinq>; JCPH JCPH approvalCONITIfor the septic system connection is approved based on the growing operation Z using soil as the growing medium.The use of hydroponic or water based growing media IS NOT approved. Title: JCPH CONDITION 2 Wording: JCPH approval is based on the proponent's statement that no processing of'edibles' will be taking place on the premises. If production of'edibles' is proposed at a later date further review is required to determine if there is adequate capacity in the onsite sewage system. 3 of 6 6/20/17,9:47 AM Permit Details http://www.co jefferson.wa.us/commdevelopment/ppquery/caseDetai... Water use information and waste strength testing will be required prior to further review and approval. itle: CONFIRMED CA'S ording: The application was reviewed by the Jefferson County Department of Community Development staff on March 22nd, 2017 for the potential presence of Critical Areas under the Ur provisions of the Unified Development Code(UDC). After an initial Geographic Information Systems mapping review and an investigative site inspection,the following Critical Areas were confirmed to be present on the subject property: Type F Stream, Fish and Wildlife Habitat Conservation Area, Special Aquifer Recharge Protection Area,At Risk SIPZ. Title: MLA CASE Wording: MLA17-00019 ZON17-00002 ZON17-00003 Title: AQUIFER RECHARGE AREA Wording• 0Aquifer Recharge Areas in Jefferson County are characterized by porous geological formations 6 that allow percolation of the surface water into the soils and the underlying zone of saturation. Aquifers are geologic formations that contain sufficient saturated permeable material to yield significant quantities of water to wells and springs. Aquifers serve as the source of drinking water within most of the rural portions of Jefferson County. Title: CRITICAL AQUIFER RECHARGE AREA Wording: Critical Aquifer Recharge Areas are defined as Seawater Intrusion Areas, and Special Aquifer Recharge Protection Areas and the following land uses located within Susceptible Aquifer / Recharge Areas (1)All Industrial Land Uses(2)All Commercial Uses (3)All Rural Residential Land Uses requiring a Discretionary Use or Conditional Use Permit(4) All Rural Residential \ f Land Uses with nonconforming uses that would otherwise require a Discretionary Use or \ / Conditional Use Permit(5) Unsewered Planned Rural Residential Developments (6) Unsewered residential development with gross densities greater than one unit per acre. All of the above listed uses shall be subject to the applicable requirements and standards of the Jefferson County Unified Development Code. Title: STREAMS Wording: A Type F Stream (Fish and Wildlife Habitat Conservation Area) has been identified on the subject property. The stream will require a buffer of 150-feet. The buffer shall be measured horizontally from the Ordinary High Water Mark(OHWM). Fish and Wildlife Habitat Areas shall also have Buffers and Building Setbacks established. The identified Fish and Wildlife Habitat Area (Type F Stream), shall maintain a vegetative buffer setback of 150 feet.The setback shall be measured horizontally from the Ordinary High Water Mark(OHWM)to the New Greenhouse for I-502. Title: STREAM BUFFERS Wording Q Stream buffers are areas that shall be maintained in their natural condition, however, minor pruning or alteration of vegetation may be permitted as long as the function and character of the buffer are not diminished. Title: 5 FOOT STREAM SETBACK Wordin : 10 An additional setback of five (5)feet is required from the edge of the buffer area to the proposed New Greenhouse for I-502. Title: IDENTIFY STREAMSIDE BUFFER Wording: A permanent physical separation along the boundary of the buffer area shall be installed and 0 permanently maintained. Such separation can include installing logs, trees,a hedgerow, or any other prominent physical marking approved by the UDC Administrator. Buffer perimeters shall be marked with temporary signs at an interval of one per parcel or every one hundred (100)feet, whichever is less. Signs shall be in place prior to and during construction activities. The signs shall contain the following statement: "Buffer- Do Not Remove or Alter Existing Vegetation." Title: SIPZ 4 of 6 6/20/17,9:47 AM Permit Details http://www.co Jefferson.wa.us/commdevelopment/ppquery/caseDetai... Wording: Marine shorelines and islands are susceptible to a condition that is known as seawater intrusion. Seawater intrusion is a condition in which the saltwater/freshwater interface in an aquifer moves inland so that wells drilled on upland areas cannot obtain freshwater suitable for public consumption without significant additional treatment and cost. Maintaining a stable balance in the saltwater/freshwater interface is primarily a function of the rate of aquifer recharge (primarily through rainfall)and the rate of groundwater withdrawals (primarily through wells).The Washington Department of Ecology is the agency with statutory authority to regulate groundwater withdrawal for individual wells in Jefferson County. New development, redevelopment, and land use activities on islands and in close proximity to marine shorelines in particular should be developed in such a manner to maximize aquifer recharge and maintain the saltwater/freshwater balance to the maximum extent possible by infiltrating stormwater runoff so that it recharges the aquifer. Title: AT RISK SIPZ Wordi = The parcel is located within an At Risk SIPZ (seawater intrusion protection zone) according to the County GIS map.There are voluntary and mandatory measures identified in the Jefferson County Seawater Intrusion Policy(Resolution 61-02, effective September 23, 2002)that apply to well drilling proposals and building permit applications on existing lots of record. Title: LARGE STORM WATER Wording: The applicant is proposing to create or add 10,080 square feet of impervious surface and 0 10,080 square feet of land disturbing activities. JCC 18.30.060 and 18.30.070 require the project applicant submit a stormwater plan meeting Minimum Requirements #1 through #10 of the Department of Ecology Stormwater Management Manual for Western Washington. The stormwater plan shall address measures to control stormwater, erosion and sediment during construction and shall address permanent measures to stabilize soil exposed during construction, and in the design and operation of stormwater and drainage control systems. Title: APPROVAL FOR ONLY Wordin,- This approval is for a New Greenhouse for I-502 only.Any future permits on this site are 0 subject to review for consistency with applicable codes and ordinances and does not preclude review and conditions which may be placed on future permits. Title: SITE PLAN CHANGES - NEEDS DATES Wording: The site plan as submitted with the New Greenhouse for I-502 application on has been reviewed for consistency under the UDC, and has been approved 10 by Jefferson County Department of Community Development. Any modifications, changes, and/or additions to the stamped,approved site plan dated shall be resubmitted for review and approval by Jefferson County Department of Community Development. Title: PLANNERS INITIALS illp Wordin• PLH Title: Seawater Intrusion Areas Wordin.. 0 To help prevent seawater from intruding landward into underground aquifers, all new (`�' development activity on Marrowstone Island,Indian Island and within 1/4 mile of any marine shoreline shall be required to infiltrate all stormwater runoff onsite. Title: Coastal &At Risk SIPZ-Water Con Wording: VOLUNTARY MEASURES OF COASTAL&AT RISK SIPZ: Water conservation measures: 1. Roof and other intercepted precipitation shall be routed to on-site detention ponds and/or other approved means and allowed to be released to the soil slowly. 2. Water collected from Storm Iwater and roof catchments may be used for watering lawns and gardens. Unless catchment water has been treated to meet drinking water standards,there shall be no cross connections allowed between the potable supply and impounded water. 3. Water withdrawn from wells on each property shall not be used for watering of lawns and/or gardens. 4. Ground water withdrawn from each property shall be restricted to a rate of three (3) gallons per minute. 5. Installation of water conserving fixtures such as low flow toilets, faucets and shower restrictors and other water saving plumbing fixtures. 6. Landscaping plan (xeriscaping, native vegetation with minimal amounts of irrigation). Please NOTE that the above listed measures are not intended to be exhaustive, but rather is intended to be illustrative of the types of water conservation measures. 5 of 6 6/20/17,9:47 AM Permit Details http://www.co jefferson.wa.us/commdevelopment/ppquery/caseDetai... Title: Coastal &At Risk SIPZ-Measures Wordin.. �,/� VOLUNTARY MEASURES OF COASTAL&AT RISK SIPZ: 1. Installation of a flow meter. 2. �l) On-going well monitoring for chloride concentration. 3. Submittal of monitoring data to County. Title: At Risk SIPZ-Mand Potable Water Wording: MANDATORY MEASURES FOR AN AT RISK SIPZ: 1. For proof of potable water on a building permit application, applicant must utilize DOH-approved public water system if available. 2. If public water is unavailable, a qualifying alternative system may be used as proof of potable .;-1 ) water or an individual well may be used as proof of potable water subject to the following requirements: a. Chloride concentration of a laboratory-certified well water sample submitted with building permit application. b. Installation of a flow meter. c. On-going well monitoring for chloride concentration. d. Submittal of flow and chloride data to the County per monitoring program. 3. If public water is unavailable, a qualifying alternative system may be used as proof of potable water. Title: BMPs Wore' g: The project shall adhere to the Best Management Practices (BMPs)to control stormwater, rI 2 erosion and sediment during construction. BMPs shall address permanent measures to ..,12/ stabilize soil exposed during construction, and in the design and operation of stormwater and drainage control systems. Title: © NO PLUMBING REVWD OR APPRVD Wording. No plumbing has been reviewed or approved for this project by Jefferson County Public Health. Additional requirements may apply if plumbing is proposed. Title: SEPTIC- No Assurance future dev. Wordi • 0 Approval of this permit does not provide any assurance of future approvals for onsite sewage disposal on the property or use of any existing septic systems. Actions taken to date and proposed as part of this project may limit or prevent future development of an onsite sewage system. Future proposals must meet current code at the time of application. No Findings Found Jefferson County HOME I COUNTY INFO I DEPARTMENTS I SEARCH Best viewed with Microsoft Internet Explorer 6.0 or later Windows- Mac 6 of 6 6/20/17,9:47 AM Marrowstone Island,WA https://yosemite.epa.gov/r10/water.nsf/bledf256c3d7d444882567e6... 30rsa URL: https://yosemite.epa.gov/r10/water.nsf/Sole+Source+Aquifers/Marrowstone it Last updated on 6/23/2017 Region 10: the Pacific Northwest } You are here: EPA Home Region 10 Se„ 4.t4 Vp03EG4, Marrowstone Island, WA EPA Region 10 received a petition from the Marrowstone Island Community Association on August 27, 1991, which requested EPA to designate Marrowstone Island as a Sole Source Aquifer. The population of the Island varies by season, from about 600 in the winter, to about 1,300 during a peak summer weekend. EPA's review of the petition and other data determined that: • The Marrowstone Island Aquifer System supplies approximately 98 percent of the drinking water to persons living on the island; • As the area's principal source of drinking water, contamination of the aquifer system would create a significant hazard to public health; • The boundary encompasses the entire island and includes all potable water-bearing geologic units underlying the Island; • There are no feasible alternative source(s) of drinking water which could replace the aquifer system, should it become contaminated. Water quality studies have discovered elevated chloride concentrations that indicate seawater intrusion is occurring in the fresh water aquifer system underlying the Island. This intrusion of seawater is the result of increased pumping of the aquifers, which is attributable to the increase in Island population. You will need Adobe Reader to view some of the files on this page. See EPA's PDF page to learn more. Designation (Federal Register - as proposed) Support Documents Sole Source Aauifer Maps 1 of 1 6/26/17,3:26 PM WAC 197-11-305: Categorical exemptions. http://apps.leg.wa.gov/WAC/default.aspx?cite=197-11-305 WAC 197-11-305 Categorical exemptions. (1) If a proposal fits within any of the provisions in Part Nine of these rules, the proposal shall be categorically exempt from threshold determination requirements (WAC 197-11-720) except as follows: (a) The •roposal is not exempt under WAC 197-11-908, critical areas. • e proposal is a segmen o a proposa a Inc uses: (i) A series of actions, physically or functionally related to each other, some of which are categorically exempt . •• some of which are not; or (ii) A series of exemp -ctions that are physically or functi• ally related to each other, and that together may have a probab : ignificant adverse environ • -ntal impact in the judgment of an agency with jurisdiction. If so, th. .gency shall be the -.d agency, unless the agencies with jurisdiction agree that another agen should be th:- ead agency. Agencies may petition the department of ecology to resolve disput- (W' 97-11-946). For such proposals, the agency or app - t may proceed with the exempt aspects of the proposals, prior to conducting environ ► -ntal re , if the requirements of WAC 197-11-070 are met. (2) An agency is not requi - . to document that a pro.- al is categorically exempt. Agencies may note on an applicati.- at a proposal is categorically e .4 pt or place such a determination in agency files. [Statutory Autho y: RCW 43.21C.110. 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Dm to O Om CO zc m V1 ZD^0 m Z o Oz N ONLa D Z rn m D 0 Z m D cn �v N = z of P1 ? rA m (mn = �I 0 r z m N D r m r C7 z iTL A 01/05/17 ����,, 0 r » This document Is CONFIDENTIAL and Is11P‘Illi*114**40.- ,L- iii ( i3. c 45 —0 NEXT G3N COMMERIAL .= N•T•s• ,� � " the property of Conlaya Mfg.&Soles. ` I I I N F NC e .„.,x s This material shall not be used, copied r`°^rw'r� � l -' :O6 r�..,�= TM or reproduced in whole or in port nor 1 NGMA /ryy�� shall the contents be revealed in an Vy rRH'�/IJ ijY manner to isanyone unless written �■WYWOFa� CTI W AUSTIN SMITH JC G3N permission is e unl from tten 'sy I A^PROVED Mfg.do Sales. a l—\ DOCUMENTS 1) Letter from Cheryl Brunette 2) 197-11-800 3) JC "Cases Associated with Parcel" 4) Permit Case Study 5) PT Leader Article 6) Sole Source Aquifer Information 7) 197-11-305 8) Plans as presented by Kevin Coker 5/15/17 MICA Meeting Cheryl Brunette POBox 112 r q2 FJac1lOer Q,c Nordland WA 98358 J 360-385-5425 27 June 2017 Stephen K. Causseaux, Esq. Jefferson County Hearing Examiner 902 South 10th Street, Tacoma Washington 98405 C.C. Patty Charnas, Director of Community Development, pcharnas@co.jefferson.wa.us Patrick Hopper, Associate Planner, phopper@co.jefferson.wa.us Kate Dean, County Commissioner District 1,jeffbocc@co.jefferson.wa.us Kathleen Kler, Commissioner District 3,jeffbocc@co.jefferson.wa.us David Sullivan, Commissioner District 2,jeffbocc@co.jefferson.wa.us Philip Morley, County Administrator,pmorley@co.jefferson.wa.us Bert D. Boughton, Esq., dee@crosssoundlaw.com Allison Arthur, aarthur@ptleader.com Dear Mr. Causseaux, Here is a transcript of my testimony before you on 6/27/17, at the Jefferson County Courthouse,regarding: File No: MLA17-00019: ZON17-00002—ZON17-00003 — BLD17-00093: Good afternoon. Thank you for being here and I thank the County for the opportunity to speak publicly on this issue at a formal hearing. My name is Cheryl Brunette. I am a member of the Marrowstone Island Preservation Committee and I speak on its behalf. I've been a full-time Marrowstone Island resident for 36 years and I married into a family that settled there in 1892. I know the island well. Our position is that this is a land use issue. We are not against recreational and medical use of marijuana, nor do we oppose its production or processing in Jefferson County. We do, however, oppose locating industrial facilities in rural residential neighborhoods. We just want to get it right in our County. We request that this conditional permit be denied. Absent that, we request, at the very least, that this project be subject to SEPA review. Here's our reasoning. 1) The exemption claimed for SEPA in the Staff Report is WAC 197-11-800(1)(d). That WAC is a table that specifies building sizes,that's all. We assume this is an error, and that the county means to specify that the project is exempt under of WAC 197-11-800 (1)(b)(iv)based on the reference to "a commercial structure under 12,000 square feet." 2 2) To confuse matters further, the most recent"Cases Associated with the Parcel No. 021204015"on the JC website, the one updated 4/20/17, claims that the project is exempt from SEPA review under WAC 197-11-800(1)(b)(iii) "The construction of a barn, loafing shed, farm equipment storage building, produce storage or packing structure, or similar agricultural structure . . ." and JCC 18.40.750(1)(c). Thus the County has this project in two different categories claiming SEPA exemption. So which is it, a passive agricultural building or a commercial building?If it's a commercial building, why isn't it in a commercial or industrial zone?And we contend that this is not a passive agricultural building with its footprint the size of almost a quarter of a football field, its 117 1000-watt High Pressure Sodium Lamps, 20 fans and more, including propane and plumbing, which brings me to our next point. 3) The"Permit Case Summary" lists 24 conditions. These conditions, "typically record requirements that the applicant must meet to be in compliance with the permit." Condition#23 states: "No plumbing has been reviewed or approved for this project by Jefferson County Public Health. Additional requirements may apply if plumbing is proposed." No plumbing appears on the detailed plan that was presented at the 5/15/17 MICA (Marrowstone Island Community Association) meeting, a copy of which we have given you. We contend that plumbing is a necessary component of any indoor grow operation whether it be for tomatoes, geraniums, or marijuana, and it should be in the plan. 4) The 2i'condition states: "JCPH approval for the septic system connection is approved based on the growing operation using soil as the growing medium. The use of hydroponic or water based growing media IS NOT approved." Kevin Coker, Austin Smith's local representative and a current member of the Jefferson County Planning Commission, District 1,presented the project on Smith's behalf at that 5/15/17 MICA meeting. He explained that the plants would be grown in a"closed hydroponic system." Austin Smith who lives in Seattle, and is the owner of Olympus Gardens LLC,was quoted in the 6/21/17 Port Townsend Leader: "The plants are grown in a closed hydroponic system, where the state-approved nutrients feed the plants through a drip system, and there is no runoff." Neither plumbing nor hydroponics is approved for this project. Under JCC 18.20.170 [Cottage Industries] (4)(u): "The proposed cottage industry shall comply with the standards and requirements of the Jefferson County Environmental Health Department." The Staff Comment on page 12 of the Staff Report submitted to you is: "The proposed project is consistent with this standard." We disagree. If we are to take them at their word, the project does not meet the JCPH requirements set forth in Conditions 2 and 23 in the Permit Case Summary. 3 5) Condition#4 of the Permit Case Summary identified Critical Areas on the property. Wording: "The application was reviewed by the Jefferson County Department of Community Development staff on March 22nd, 2017 for the potential presence of Critical Areas under the provisions of the Unified Development Code(UDC). After an initial Geographic Information Systems mapping review and an investigative site inspection,the following Critical Areas were confirmed to be present on the subject property: Type F Stream, Fish and Wildlife Habitat Conservation Area, Special Aquifer Recharge Protection Area, At Risk SIPZ." a) Regarding the first Critical Area,the Type F Stream, it runs over the property, down through an almost 3-acre wetland and ultimately empties into Mystery Bay which is part of Puget Sound. b) Regarding the second Critical Area,the Special Aquifer Recharge Protection Area: in 1991, EPA Region 10 designated Marrowstone Island as a Sole Source Aquifer. There are about 15 of them in all of Region 10 which includes AK, OR, WA, ID, and Native Tribes. This is not as critical as it used to be, because the island now has PUD water supplied from the wells on the mainland. However, a significant number of residents, (the PUD was unable to give me the number when I did a Public Records Request) did not opt into the PUD system and are still on their wells, thus the aquifer still needs special protection. c) The At Risk SIPZ, (Saltwater Intrusion Protection Zone) is not relevant to this property because as far as we know,there's no well on it. WAC 197-11-305(1)(a) specifically removes properties containing Critical Areas from those which may be considered categorically exempt. For this reason alone, a SEPA review should be required. We have more concerns than these including, but not limited to,waste water discharge, and light, odor, and noise pollution. Does the storm water plan adequately address the Critical Areas? Some of those concerns will be addressed by others. We appreciate the administrative challenges 1-502 has caused at the state and county levels. Trying to create fair policies while protecting the ones in existence is hard for any jurisdiction. But there is something that seems clear . . . The passage of I-502 was a mandate to decriminalize the recreational use of marijuana, but it was never a mandate to jettison zoning laws. The rationale behind zoning is that it promotes the good of the entire community in accordance with a comprehensive plan. There are places where people live and play, and there are places for industry. We suggest this project is best suited for the latter. Thank you, r Aer F Cheryl C -tte - WAC 197-11-800:Categorical exemptions. http://apps.leg.wa.gov/WAC/default.aspx?cite=197-11-800 WAC 197-11-800 Categorical exemptions. The proposed actions contained in Part Nine are categorically exempt from threshold determination and EIS requirements, subject to the rules and limitations on categorical exemptions contained in WAC 197-11-305. Note: The statutory exemptions contained in chapter 43.21 C RCW are not included in Part Nin-. hapter 43.21C RCW should be reviewed in determini ether a proposed action n. .sted as categorically exempt in Part Nine is e pt by statute from threshold determinatio - d EIS requirements. (1) Minor new constru .n - Flexible thresholds (a) The exemptions in this s ection apply to . censes required to undertake the construction in question. To be exe under t subsection, the project must be equal to or smaller than the exempt level. For a sp-.'f'• .roposal, the exempt level in (b) of this subsection shall control, unless the city/county in c• e project is located establishes an exempt level under (c) of this subsection. If the .posal is • .ted in more than one city/county, the lower of the agencies' adopted levels shall trol, regardless • hich agency is the lead agency. The exemptions in this subsecti. apply except when the p (i) Is undertaken wh. or partly on lands covered by . -r; (ii) Requires a lice se governing discharges to water that i 'ot exempt under RCW 43.21C.0383; (iii) Require. a license governing emissions to air that is not exemb under RCW 43.21C.0381 or WAC 19 11-800 (7) or (8); or (iv) '-quires a land use decision that is not exempt under WAC 197-11-81. .). 1111ni •- • • in. types of construction shall be e (i) The construction or ocation of four detachea smgre-raml(y residential units. iD The construction or location of four ultifamily residential units. k (iii) The construction of a barn, loafing shed, arm equipment storage building, produce storage or packing structure, or similar agricultural structure, covering 10,000 square feet, and to be used only by the property owner or his or her agent in the conduct of farming the property. This exemption shall not apply to feed lots. (iv) The construction of an office, school, commercial, recreational, service or storage building with 4,000 square feet of gross floor area, and with associated parking facilities designed for twenty automobiles. This exemption includes parking lots for twenty or fewer automobiles not associated with a structure. (v) Any fill or excavation of 100 cubic yards throughout the total lifetime of the fill or excavation and any excavation, fill or grading necessary for an exempt project in (i), (ii), "' , .r (iv) of this subsection shall b- -xempt. (c) Cities, towns or ..unties may raise the exempt levels up - e maximum specified in (d) of this subsection by implem- ' ing ordinance or resolution. levels shall be specified in the agency's SEPA procedures ( C 197-11-904). See. : e maximum optional thresholds are established in (d) of this subsecti.• applying t. .. h incorporated areas and unincorporated urban growth areas in fully planning jurisdi . • der RCW 36.70A.040; other unincorporated areas in fully planning counties; and jurisd' s ' all other counties. Agencies may adopt the maximum level or a level between the v. imum and . imum level. An agency may adopt a system of several exempt levels as different levels . •ifferent geographic areas, and mixed use projects. At a mi um, the following process shall be met in o .-r to raise the exempt levels. lof9 6/17/17,5:29 PM • WAC 197-11-800:Categorical exemptions. http://apps.leg.wa.gov/WAC/default.aspx?cite=197-11-800 (i) Documentation that the requirements for environmental analysis, protection and mitigation for impacts to elements of the environment (listed in WAC 197-11-444) have been adequ. 'ly address-_ for the development exempted. The requirements may be addressed in s.- is adopted de -lopment regulations, and applicable state and federal regulations. (ii) Descrip.'•n in the findings or other appropriate section of the adoptin• .rdinance or resolution of the scally established notice and comment opportunities f.• e public, affected tribes, and agencie regarding permitting of development projects i. uded in these increased exemption levels. (iii) Before adopting e ordinance or resolution contai g the proposed new exemption levels, the agency shall provide . inimum of sixty days noti o affected tribes, agencies with expertise, affected jurisdictio , the department of- ology, and the public and provide an opportunity for comment. (iv) The city, town, or county m doc ent how specific adopted development regulations and applicable state and federal laws • ide adequate protections for cultural and historic resources when exemption levels a rais-•. The requirements for notice and opportunity to comment for the public, affecte. ibes, and ab-ncies in (c)(i) and (ii) of this subsection and the requirements for protection . d mitigation in (c)(1 .f this subsection must be specifically documented. The local ••.finance or resolution shall - lude, but not be limited to, the following: • Use of availabl- .ata and other project review tools -garding known and likely cultural and historic resource uch as inventories and predictive mode .rovided by the Washington department o archaeology and historic preservation, other age .'es, and tribal governments. • Plan.' g and permitting processes that ensure compliance wi applicable laws including chapt- 27.44, 27.53, 68.50, and 68.60 RCW. ocal development regulations that include at minimum preproject cultural resource review where warranted, and standard in..v- -nt discovery langua•e SIDL fo . • •'- • e maximum exemption levels applicable to (c) o this subsection are: Fully planning GMA counties All other counties Incorporated and Other unincorporated Incorporated and Project types unincorporated UGA areas unincorporated areas Single family 30 units 20 units 20 units residential Multifamily 60 units 25 units 25 units residential Barn, loafing shed, 40,000 square feet 40,000 square feet 40,000 square feet farm equipment storage, produce storage or packing structure Office, school, 30,000 square feet 12,000 square feet 12,000 square feet commercial, and 90 parking and 40 parking and 40 parking recreational, service, spaces spaces spaces storage building, parking facilities Fill or excavation 1,000 cubic yards 1,000 cubic yards 1,000 cubic yards (2) Other minor new construction. (a) The exemptions in this subsection apply to all licenses required to undertake the following 2 of 9 6/17/17,5:29 PM Cases Associated with a Parcel http://www.co jefferson.wa.us/commdevelopment/ppquerylcm.asp?v... Alk Jefferson Coy ntWASHINGTON Weather Station Database Tools AI Maps =AtWebcam -ome ,7 County Info Departments Search Cases Associated with Parcel No: 021204015 This may not be a complete listing of information that exists for this parcel. There may be other information pertinent to the property on file. Please contact the Department of Community Development for additional information. Case Number BL. 7-00093 Description NEW . REENHOUSE 78X140 FOR I-502 ZON17-00002 ZON17-'0003 SEP07-00389 Last Name SMITH Received Date 3/8/2017 1: ':12 PM LaserFiche Links BLD17-00093 ( document is unavailabl-please contact the applicable departm• it to view the file. Status Pending Case Number ZON17-00003 Description Proposal for a conditional .se pe • it for Olympus Gardens, Washington State Liqu► and Canna..s Board License #412943 for Tier 3, 10,000 s..are foot of canop for production and a cottage industry . -rmit for processing of -creational marijuana (The type of pr' essing will be for flower an. .ry sifted hash) in a rural resid- tial 1:10 zone on Marrowstone I .nd, case MLA17-0I: 9. Production and processing will tak- .lace entirely inside • 0,080 square foot, 23 foot tall greenhouse, •eing rev.- ed under building permit BLD17-00093. Type A I screen • dscaping is required to screen use from the road and adracent ear - ' .•- .. .... . ith all ... able CC gimaraiiiii,5„„Wicjijilwamlcci.,11,241,,i,armaeopiositiemalmaialljahs,�a. The project is exempt from SEPA review under WAC 197-11-800(1) (b)(iii) and JCC 18.40.750(1)(c). Last Name SMITH Received Date 3/8/2017 11:51:37 AM LaserFiche Links ZON17-00003 document is un. :i able please contact the applicable depart : t to view • e file.) Status Pending Case Number ZON17-00002 1 of 3 6/26/17,3:58 PM Permit Details http://www.co Jefferson.wa.us/commdevelopment/ppquery/caseDetai... ff r n Count Y -` Weather Sta on . Database Tools ak, maps :....„Web am Home County Info Departments Search Permit Case Summary Case Number: Search Help Case Number: BLD17-00093 'Case Status: Pending 'Date Received: 3/8/2017 1:17:12 PM Description: NEW GREENHOUSE 78X140 FOR I-502 ZON17-00002& Date Issued: ZON17-00003 SEP07-00389 Applicant: AUSTIN SMITH 'Expiration Date: Site Address: 9272 FLAGLER RD (Case Finaled: Parcel No: 021204015- Other Cases Parcel Data Map It More Details Case Actions Below is a list of actions that have been taken by staff for this permit case. They are sorted based on the date they were added to the database with most recent actions at the top. A value in the "Date Completed" field indicates that the action has been completed. Description: Updated/Addl Info Recv'd Date Completed: 4/20/2017 Disposition: Description: Updated/Addl Info Recv'd Date Completed: 4/11/2017 Disposition: Description: Updated/Adel Info Recv'd Date Completed: 4/6/2017 Disposition: Description: A Clock Interrupt Date Completed: 4/19/2017 Disposition: DONE Description: Additional Info Request-DRD Date Completed: 4/19/2017 Disposition: DONE Description: Insp - Miscellaneous Date Completed: Disposition: Description: Insp- Foundation Footing Date Completed: 1 of 6 6/20/17,9:47 AM Permit Details http://www.co jefferson.wa.us/commdevelopment/ppquery/caseDetai... Disposition: Description: Insp- Setbacks Date Completed: Disposition: Description: Updated/Add'I Info Recv'd Date Completed: 3/16/2017 Disposition: DONE Description: A Clock Interrupt Date Completed: 3/17/2017 Disposition: DONE Description: Additional Info Request-BLD Date Completed: 3/17/2017 Disposition: DONE Description: Building Permit Application(F) Date Completed: 3/8/2017 Disposition: DONE Description: DRD Approval (Zoning) Date Completed: Disposition: Description: Final Public Works Approval Date Completed: Disposition: Description: Final Planning Approval Date Completed: Disposition: Description: Septic System Fina led Date Completed: 7/15/2009 Disposition: DONE Description: Address Review Complete Date Completed: 3/8/2017 Disposition: DONE Description: RAP Review Complete-U Date Completed: 3/10/2017 Disposition: DONE Description: Consistency Review-U Date Completed: Disposition: Description: Env. Sensitive Area Review-U Date Completed: Disposition: 2 of 6 6/20/17,9:47 AM Permit Details http:/lwww.co Jefferson.wa.us/commdevelopment/ppquery/caseDetai... Description: Stormwater Review-U Date Completed: Disposition: Description: Contractor License/Bond Info Date Completed: Disposition: Description: Public Works Review Date Completed: Disposition: Description: Potable Water Approval Date Completed: 4/7/2017 Disposition: DONE Description: Plan Check Date Completed: 3/17/2017 Disposition: DONE Description: Septic Review Complete-U Date Completed: 4/7/2017 Disposition: DONE Description: Case Entered Date Completed: 3/8/2017 Disposition: Description: App Substantially Complete-U Date Completed: 4/14/2017 Disposition: DONE Case Conditions Below is a list of conditions for this permit case. Conditions typically record requirements that the applicant must meet to be in compliance with the permit. Title: I-502 SEPTIC AND WATER Wordings This project is to permit a greenhouse for the production of recreational marijuana under I-502 regulations.The irrigation water will be PUD Quimper public water and per the owner Iall workers will live on site and utilize the residential septic system for sanitary needs. This approval does not permit nor has there been review,for the additional of employees beyond those living on site. Title: DO Wordinq>; JCPH JCPH approvalCONITIfor the septic system connection is approved based on the growing operation Z using soil as the growing medium.The use of hydroponic or water based growing media IS NOT approved. Title: JCPH CONDITION 2 Wording: JCPH approval is based on the proponent's statement that no processing of'edibles' will be taking place on the premises. If production of'edibles' is proposed at a later date further review is required to determine if there is adequate capacity in the onsite sewage system. 3 of 6 6/20/17,9:47 AM Permit Details http://www.co jefferson.wa.us/commdevelopment/ppquery/caseDetai... Water use information and waste strength testing will be required prior to further review and approval. itle: CONFIRMED CA'S ording: The application was reviewed by the Jefferson County Department of Community Development staff on March 22nd, 2017 for the potential presence of Critical Areas under the Ur provisions of the Unified Development Code(UDC). After an initial Geographic Information Systems mapping review and an investigative site inspection,the following Critical Areas were confirmed to be present on the subject property: Type F Stream, Fish and Wildlife Habitat Conservation Area, Special Aquifer Recharge Protection Area,At Risk SIPZ. Title: MLA CASE Wording: MLA17-00019 ZON17-00002 ZON17-00003 Title: AQUIFER RECHARGE AREA Wording• 0Aquifer Recharge Areas in Jefferson County are characterized by porous geological formations 6 that allow percolation of the surface water into the soils and the underlying zone of saturation. Aquifers are geologic formations that contain sufficient saturated permeable material to yield significant quantities of water to wells and springs. Aquifers serve as the source of drinking water within most of the rural portions of Jefferson County. Title: CRITICAL AQUIFER RECHARGE AREA Wording: Critical Aquifer Recharge Areas are defined as Seawater Intrusion Areas, and Special Aquifer Recharge Protection Areas and the following land uses located within Susceptible Aquifer / Recharge Areas (1)All Industrial Land Uses(2)All Commercial Uses (3)All Rural Residential Land Uses requiring a Discretionary Use or Conditional Use Permit(4) All Rural Residential \ f Land Uses with nonconforming uses that would otherwise require a Discretionary Use or \ / Conditional Use Permit(5) Unsewered Planned Rural Residential Developments (6) Unsewered residential development with gross densities greater than one unit per acre. All of the above listed uses shall be subject to the applicable requirements and standards of the Jefferson County Unified Development Code. Title: STREAMS Wording: A Type F Stream (Fish and Wildlife Habitat Conservation Area) has been identified on the subject property. The stream will require a buffer of 150-feet. The buffer shall be measured horizontally from the Ordinary High Water Mark(OHWM). Fish and Wildlife Habitat Areas shall also have Buffers and Building Setbacks established. The identified Fish and Wildlife Habitat Area (Type F Stream), shall maintain a vegetative buffer setback of 150 feet.The setback shall be measured horizontally from the Ordinary High Water Mark(OHWM)to the New Greenhouse for I-502. Title: STREAM BUFFERS Wording Q Stream buffers are areas that shall be maintained in their natural condition, however, minor pruning or alteration of vegetation may be permitted as long as the function and character of the buffer are not diminished. Title: 5 FOOT STREAM SETBACK Wordin : 10 An additional setback of five (5)feet is required from the edge of the buffer area to the proposed New Greenhouse for I-502. Title: IDENTIFY STREAMSIDE BUFFER Wording: A permanent physical separation along the boundary of the buffer area shall be installed and 0 permanently maintained. Such separation can include installing logs, trees,a hedgerow, or any other prominent physical marking approved by the UDC Administrator. Buffer perimeters shall be marked with temporary signs at an interval of one per parcel or every one hundred (100)feet, whichever is less. Signs shall be in place prior to and during construction activities. The signs shall contain the following statement: "Buffer- Do Not Remove or Alter Existing Vegetation." Title: SIPZ 4 of 6 6/20/17,9:47 AM Permit Details http://www.co Jefferson.wa.us/commdevelopment/ppquery/caseDetai... Wording: Marine shorelines and islands are susceptible to a condition that is known as seawater intrusion. Seawater intrusion is a condition in which the saltwater/freshwater interface in an aquifer moves inland so that wells drilled on upland areas cannot obtain freshwater suitable for public consumption without significant additional treatment and cost. Maintaining a stable balance in the saltwater/freshwater interface is primarily a function of the rate of aquifer recharge (primarily through rainfall)and the rate of groundwater withdrawals (primarily through wells).The Washington Department of Ecology is the agency with statutory authority to regulate groundwater withdrawal for individual wells in Jefferson County. New development, redevelopment, and land use activities on islands and in close proximity to marine shorelines in particular should be developed in such a manner to maximize aquifer recharge and maintain the saltwater/freshwater balance to the maximum extent possible by infiltrating stormwater runoff so that it recharges the aquifer. Title: AT RISK SIPZ Wordi = The parcel is located within an At Risk SIPZ (seawater intrusion protection zone) according to the County GIS map.There are voluntary and mandatory measures identified in the Jefferson County Seawater Intrusion Policy(Resolution 61-02, effective September 23, 2002)that apply to well drilling proposals and building permit applications on existing lots of record. Title: LARGE STORM WATER Wording: The applicant is proposing to create or add 10,080 square feet of impervious surface and 0 10,080 square feet of land disturbing activities. JCC 18.30.060 and 18.30.070 require the project applicant submit a stormwater plan meeting Minimum Requirements #1 through #10 of the Department of Ecology Stormwater Management Manual for Western Washington. The stormwater plan shall address measures to control stormwater, erosion and sediment during construction and shall address permanent measures to stabilize soil exposed during construction, and in the design and operation of stormwater and drainage control systems. Title: APPROVAL FOR ONLY Wordin,- This approval is for a New Greenhouse for I-502 only.Any future permits on this site are 0 subject to review for consistency with applicable codes and ordinances and does not preclude review and conditions which may be placed on future permits. Title: SITE PLAN CHANGES - NEEDS DATES Wording: The site plan as submitted with the New Greenhouse for I-502 application on has been reviewed for consistency under the UDC, and has been approved 10 by Jefferson County Department of Community Development. Any modifications, changes, and/or additions to the stamped,approved site plan dated shall be resubmitted for review and approval by Jefferson County Department of Community Development. Title: PLANNERS INITIALS illp Wordin• PLH Title: Seawater Intrusion Areas Wordin.. 0 To help prevent seawater from intruding landward into underground aquifers, all new (`�' development activity on Marrowstone Island,Indian Island and within 1/4 mile of any marine shoreline shall be required to infiltrate all stormwater runoff onsite. Title: Coastal &At Risk SIPZ-Water Con Wording: VOLUNTARY MEASURES OF COASTAL&AT RISK SIPZ: Water conservation measures: 1. Roof and other intercepted precipitation shall be routed to on-site detention ponds and/or other approved means and allowed to be released to the soil slowly. 2. Water collected from Storm Iwater and roof catchments may be used for watering lawns and gardens. Unless catchment water has been treated to meet drinking water standards,there shall be no cross connections allowed between the potable supply and impounded water. 3. Water withdrawn from wells on each property shall not be used for watering of lawns and/or gardens. 4. Ground water withdrawn from each property shall be restricted to a rate of three (3) gallons per minute. 5. Installation of water conserving fixtures such as low flow toilets, faucets and shower restrictors and other water saving plumbing fixtures. 6. Landscaping plan (xeriscaping, native vegetation with minimal amounts of irrigation). Please NOTE that the above listed measures are not intended to be exhaustive, but rather is intended to be illustrative of the types of water conservation measures. 5 of 6 6/20/17,9:47 AM Permit Details http://www.co jefferson.wa.us/commdevelopment/ppquery/caseDetai... Title: Coastal &At Risk SIPZ-Measures Wordin.. �,/� VOLUNTARY MEASURES OF COASTAL&AT RISK SIPZ: 1. Installation of a flow meter. 2. �l) On-going well monitoring for chloride concentration. 3. Submittal of monitoring data to County. Title: At Risk SIPZ-Mand Potable Water Wording: MANDATORY MEASURES FOR AN AT RISK SIPZ: 1. For proof of potable water on a building permit application, applicant must utilize DOH-approved public water system if available. 2. If public water is unavailable, a qualifying alternative system may be used as proof of potable .;-1 ) water or an individual well may be used as proof of potable water subject to the following requirements: a. Chloride concentration of a laboratory-certified well water sample submitted with building permit application. b. Installation of a flow meter. c. On-going well monitoring for chloride concentration. d. Submittal of flow and chloride data to the County per monitoring program. 3. If public water is unavailable, a qualifying alternative system may be used as proof of potable water. Title: BMPs Wore' g: The project shall adhere to the Best Management Practices (BMPs)to control stormwater, rI 2 erosion and sediment during construction. BMPs shall address permanent measures to ..,12/ stabilize soil exposed during construction, and in the design and operation of stormwater and drainage control systems. Title: © NO PLUMBING REVWD OR APPRVD Wording. No plumbing has been reviewed or approved for this project by Jefferson County Public Health. Additional requirements may apply if plumbing is proposed. Title: SEPTIC- No Assurance future dev. Wordi • 0 Approval of this permit does not provide any assurance of future approvals for onsite sewage disposal on the property or use of any existing septic systems. Actions taken to date and proposed as part of this project may limit or prevent future development of an onsite sewage system. Future proposals must meet current code at the time of application. No Findings Found Jefferson County HOME I COUNTY INFO I DEPARTMENTS I SEARCH Best viewed with Microsoft Internet Explorer 6.0 or later Windows- Mac 6 of 6 6/20/17,9:47 AM Marrowstone Island,WA https://yosemite.epa.gov/r10/water.nsf/bledf256c3d7d444882567e6... 30rsa URL: https://yosemite.epa.gov/r10/water.nsf/Sole+Source+Aquifers/Marrowstone it Last updated on 6/23/2017 Region 10: the Pacific Northwest } You are here: EPA Home Region 10 Se„ 4.t4 Vp03EG4, Marrowstone Island, WA EPA Region 10 received a petition from the Marrowstone Island Community Association on August 27, 1991, which requested EPA to designate Marrowstone Island as a Sole Source Aquifer. The population of the Island varies by season, from about 600 in the winter, to about 1,300 during a peak summer weekend. EPA's review of the petition and other data determined that: • The Marrowstone Island Aquifer System supplies approximately 98 percent of the drinking water to persons living on the island; • As the area's principal source of drinking water, contamination of the aquifer system would create a significant hazard to public health; • The boundary encompasses the entire island and includes all potable water-bearing geologic units underlying the Island; • There are no feasible alternative source(s) of drinking water which could replace the aquifer system, should it become contaminated. Water quality studies have discovered elevated chloride concentrations that indicate seawater intrusion is occurring in the fresh water aquifer system underlying the Island. This intrusion of seawater is the result of increased pumping of the aquifers, which is attributable to the increase in Island population. You will need Adobe Reader to view some of the files on this page. See EPA's PDF page to learn more. Designation (Federal Register - as proposed) Support Documents Sole Source Aauifer Maps 1 of 1 6/26/17,3:26 PM WAC 197-11-305: Categorical exemptions. http://apps.leg.wa.gov/WAC/default.aspx?cite=197-11-305 WAC 197-11-305 Categorical exemptions. (1) If a proposal fits within any of the provisions in Part Nine of these rules, the proposal shall be categorically exempt from threshold determination requirements (WAC 197-11-720) except as follows: (a) The •roposal is not exempt under WAC 197-11-908, critical areas. • e proposal is a segmen o a proposa a Inc uses: (i) A series of actions, physically or functionally related to each other, some of which are categorically exempt . •• some of which are not; or (ii) A series of exemp -ctions that are physically or functi• ally related to each other, and that together may have a probab : ignificant adverse environ • -ntal impact in the judgment of an agency with jurisdiction. If so, th. .gency shall be the -.d agency, unless the agencies with jurisdiction agree that another agen should be th:- ead agency. Agencies may petition the department of ecology to resolve disput- (W' 97-11-946). For such proposals, the agency or app - t may proceed with the exempt aspects of the proposals, prior to conducting environ ► -ntal re , if the requirements of WAC 197-11-070 are met. (2) An agency is not requi - . to document that a pro.- al is categorically exempt. Agencies may note on an applicati.- at a proposal is categorically e .4 pt or place such a determination in agency files. [Statutory Autho y: RCW 43.21C.110. 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