HomeMy WebLinkAboutAppendix ONeighborhood Water Supply Plan - Page 1
PLEASANT HARBOR NEIGHBORHOOD
WATER SUPPLY PLAN
January 8, 2018
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Table of Contents 1 Purposes of this Policy. ........................................................................................ 4
2 Definitions. ........................................................................................................... 4
a. Baseline Standard. ........................................................................................ 4
b. Black Point. ................................................................................................... 4
c. County. .......................................................................................................... 5
d. County Board of Health. ............................................................................... 5
e. DCD. ............................................................................................................. 5
f. Development Agreement. ............................................................................. 5
g. Department. ................................................................................................... 5
h. Developer. ..................................................................................................... 5
i. Developer’s Property. ................................................................................... 5
j. Ecology. ........................................................................................................ 5
k. Environmental Health Director. .................................................................... 5
l. Groundwater Monitoring Plan. ..................................................................... 5
m. High Risk SIPZ. ............................................................................................ 6
n. Neighboring Well. ........................................................................................ 6
o. Ordinance. ..................................................................................................... 6
p. Permit. ........................................................................................................... 6
q. Pleasant Harbor Water System. .................................................................... 6
r. Pleasant Harbor Wells. ................................................................................. 6
s. Pleasant Tides Water Co-Op. ........................................................................ 6
t. Pleasant Tides Operator. ............................................................................... 6
u. Pleasant Tides Wells. .................................................................................... 6
v. Policy. ........................................................................................................... 7
w. Potential Threat. ............................................................................................ 7
x. Public Water System. .................................................................................... 7
y. Regulation. .................................................................................................... 7
z. Safe Drinking Water Act. ............................................................................. 7
aa. Satellite System Management Agency. ........................................................ 7
bb. Seawater Intrusion Policy. ............................................................................ 7
cc. SIPZ. ............................................................................................................. 7
dd. State Board of Health. ................................................................................... 8
ee. Term of the Development Agreement. ......................................................... 8
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ff. Well Construction Standards. ....................................................................... 8
3 Compliance with All Requirements of the Permit, the Ordinance, and the Seawater Intrusion Policy. ........................................................................................... 8
4 Compliance with Groundwater Monitoring Plan Requirements. ......................... 8
5 Compliance with Condition 63(p) of the Ordinance. ........................................... 8
a. Required Consultation. ................................................................................. 8
b. Initial Mitigation Measures ........................................................................... 9
c. Reserve Areas Required. ............................................................................... 9
d. Replacement Water Required for Affected Neighboring Wells. .................. 9
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1 Purposes of this Policy.
The Developer (defined below) proposes to operate a Public Water System (defined below) at the Developer’s Property (defined below).
The purposes of this Pleasant Harbor Neighborhood Water Policy (this Policy) are to:
(a) Fulfill the requirements of paragraph 63(p) of the Ordinance;
(b) Assure that the Developer and the Pleasant Harbor Water System (defined below) take investigative or corrective action necessary to assure that its groundwater wells do not cause saltwater intrusion and compromise the safety and reliability of the underlying aquifer;
(c) Establish monitoring and mitigation measures that meet and exceed the requirements for municipal water supply well installation or operation in a High Risk SIPZ (as defined below), even though the Developer’s Property (defined below) is not located in a High Risk SIPZ, consistent with the Developer commitment to assure its neighbors and the County (defined below) that the aquifer beneath the Developer’s Property is used wisely and is protected from salt water intrusion.
2 Definitions.
a. Baseline Standard.
“Baseline Standard” means: (i) for the Pleasant Tides Wells, the average of the
results for the constituents measured and reported in the last three annual reports filed by the Pleasant Tides Operator (defined below) prior to the start of construction at the Developer’s Property;[1] and, (ii) for individual wells, obtain approval from Ecology and the Director of DCD (in consultation with the Environmental Health Director) for sampling at least one individual well located waterward of the
Developer’s Property in each direction to the East and South of the Developer’s Property. Then, the Developer shall provide to Ecology and the Director of DCD the results from samples from the selected individual wells not less than 30 days prior to the start of construction. Prior to construction, the Developer also shall provide Ecology and DCD copies of the last three annual reports filed by the Pleasant Tides
Operator. b. Black Point.
“Black Point” means the Black Point area in Brinnon, Washington where the Developer’s Property is located.
[1] See, for example: http://www.wawater.com/ccr/.
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c. County.
“County” means Jefferson County, a municipal corporation under the laws of the State of Washington.
d. County Board of Health.
“County Board of Health” means the Jefferson County Board of Health.
e. DCD.
“DCD” means the Jefferson County Department of Community Development.
f. Development Agreement.
“Development Agreement” means the development agreement to which this Policy is attached.
g. Department.
“Department” means the State of Washington Department of Health.
h. Developer.
“Developer” means Pleasant Harbor Marina and Golf Resort, LLP, a Washington limited liability partnership, and any successor or assign.
i. Developer’s Property.
“Developer’s Property” means the master planned resort proposed by the Developer that is the subject of the Ordinance.
j. Ecology.
“Ecology” means the State of Washington Department of Ecology.
k. Environmental Health Director.
“Environmental Health Director” means the Director of Environmental Health Section of the Jefferson County Public Health Department or designee.
l. Groundwater Monitoring Plan.
“Groundwater Monitoring Plan” means the Revised Pleasant Harbor Groundwater Monitoring Plan prepared by Subsurface Group, LLC dated February 22, 2010, attached as Appendix A, as is now in effect or as may be amended with the concurrence of the Department, Ecology, and the Director of DCD in consultation with the Environmental Health Director.
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m. High Risk SIPZ.
“High Risk SIPZ” means a SIPZ where areas within 1,000 feet of a groundwater source with a history of chloride analyses over 200 mg/L.
n. Neighboring Well.
“Neighboring Well” means any municipal, community or individual water supply well on Black Point that is not located on the Developer’s Property, located between the Developer’s Property and Hood Canal and that exists as of the effective date of the Development Agreement. Neighboring Wells include the Pleasant Tides Wells (defined below).
o. Ordinance.
“Ordinance” means Jefferson County Ordinance 01-0128-08.
p. Permit.
“Permit” means the permit issued by Ecology on June 16, 2010 under Application Number G2-30436, attached as Appendix B, as is now in effect or as may be amended.
q. Pleasant Harbor Water System.
“Pleasant Harbor Water System” means the proposed Public Water System for the Developer’s Property.
r. Pleasant Harbor Wells.
“Pleasant Harbor Wells” means the water supply wells in the Pleasant Harbor Water System.
s. Pleasant Tides Water Co-Op.
“Pleasant Tides Water Co-Op” means the holder of the ground water permits issued by Ecology under applications G2-21134C (Black Point Water Co Inc), G2-2363C (Black Point Water Co Inc) and G2-27964 (Pleasant Harbor Beach Tract).
t. Pleasant Tides Operator.
“Pleasant Tides Operator” means Washington Water Service Company, P.O. Box 336, Gig Harbor, Washington 98335-0336, Phone: (253) 851-4060, or any subsequent Satellite System Management Agency operating the Pleasant Tides Wells.
u. Pleasant Tides Wells.
“Pleasant Tides Wells” means the Pleasant Tides Co-Op’s municipal water supply wells at Black Point.
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v. Policy.
“Policy” means this Neighborhood Water Supply Policy.
w. Potential Threat.
“Potential Threat” means increasing levels of chlorides as demonstrated by data collected and analyzed from groundwater pursuant to the standards required by the Regulation when: (i) chloride in such well exceeds Baseline Standard by 15%, resulting in chloride levels above 200 mg/l; or, (ii) chloride levels increase by 30%, resulting in levels above 100 mg/l over a 12-month period.
x. Public Water System.
“Public Water System” means a public water system as defined in WAC 246-290-010(204) and WAC 246-290-020(1).
y. Regulation.
“Regulation” means Ch. 246-290, WAC.
z. Safe Drinking Water Act.
“Safe Drinking Water Act” means the Federal Safe Drinking Water Act, 42 U.S.C. §300f et seq. as is now in effect or as may be amended and any regulations that implements it.
aa. Satellite System Management Agency.
Satellite System Management Agency means a satellite system management agency established under RCW 70.116.134 that meets all the requirements of Ch. 246-295, WAC and is on the Department’s Office of Drinking Water’s List of Approved Satellite Management Agencies for Jefferson County.1
bb. Seawater Intrusion Policy.
“Seawater Intrusion Policy” means the Jefferson County Seawater Intrusion Policy contained in JCC 18.22.130(8).
cc. SIPZ.
“SIPZ” means seawater intrusion protection zone, an area where aquifers and land overlaying aquifers has some degree of vulnerability to seawater intrusion. See JCC 18.10.190.
1 See: http://www.doh.wa.gov/Portals/1/Documents/4200/SMA_List.pdf.
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dd. State Board of Health.
“State Board of Health” means the Board of Health for the State of Washington.
ee. Term of the Development Agreement.
“Term of the Development Agreement” means the term of the Development Agreement.
ff. Well Construction Standards.
“Well Construction Standards” means the minimum standards for construction and maintenance of wells contained in Ch. 173-160, WAC, as it may be amended, and JCC 18.22(8).
3 Compliance with All Requirements of the Permit, the Ordinance, and the Seawater Intrusion Policy.
The Developer shall comply with all requirements of the Permit, the Ordinance, and the Seawater Intrusion Policy. Compliance with the Ordinance includes full compliance with Condition 63(p) which states:
A Neighborhood Water Policy shall be established that requires Statesman to provide access to the water system by any neighboring
parcels if saltwater intrusion becomes an issue for neighboring wells
on Black Point, and reserve areas for additional recharge wells will be included in case wells fail, are periodically inoperable, or cause mounding.
For purposes of the Seawater Intrusion Policy, the Developer shall treat the Developer’s Property as a High Risk SIPZ to provide the maximum protection of the aquifer that can be required under the Seawater Intrusion Policy.
4 Compliance with Groundwater Monitoring Plan Requirements.
The Developer shall comply fully with the Groundwater Monitoring Plan, as attached as Appendix A, as is now in effect or as may be amended with the concurrence of the Department, Ecology, and the Director of DCD in consultation with the Environmental Health Director.
5 Compliance with Condition 63(p) of the Ordinance.
a. Required Consultation.
The Developer shall consult with the Department, Ecology, the Director of DCD in consultation with the Environmental Health Director and the Pleasant Tides Operator if groundwater data demonstrates a Potential Threat to any municipal, community or
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individual water supply wells on the Developer’s Property or waterward of the Developer’s Property. The Parties will attempt to determine the cause of the Potential Threat and identify additional monitoring and mitigation measures if the Potential Threat is the result of the Pleasant Harbor Wells.
b. Initial Mitigation Measures
In the event of a Potential Threat the Developer shall, after consultation required in paragraph 5.a., pursue one of the following mitigation measures to address the Potential Threat: (i) construction of a recharge well(s); or (ii) lowering pumping rates and/or adding additional points of withdrawal (“Initial Mitigation Measures”). The Developer may, in its sole discretion, forego the Initial Mitigation Measures and provide a replacement water source for impacted Neighboring Wells, as specified in paragraph d of this section.
c. Reserve Areas Required.
The Developer shall reserve areas for recharge and/or additional water supply wells for use if there is a Potential Threat to any Neighboring Wells.
d. Replacement Water Required for Affected Neighboring Wells.
If Initial Mitigation Measures do not address the Potential Threat, the Developer shall provide a replacement water source for affected Neighboring Wells if it the Potential Threat is caused by the Pleasant Harbor Wells. The Developer, in its sole discretion and at its sole cost, may: (i) Allow connection to the Pleasant Harbor Water System; or, (ii) drill a substitute water supply well to replace the affected Neighboring Well.
If the Pleasant Harbor Water System provides replacement water in response to a Potential Threat, it may apply for consolidation of the water rights under RCW 90 44.105, decommission the affected Neighboring Well consistent with the requirements of state and local law, at the sole cost of the Pleasant Harbor Water System, and request that the owner of the affected Neighboring Well release any claims against the Developer and the Pleasant Harbor Water System for any impairment of the water right in exchange for providing replacement water.
7. Termination.
This Policy shall terminate under the following scenarios, whichever occurs later: (a) Termination of the Development Agreement; or (b) five (5) years after a Potential Threat is discovered during the Term of the Development Agreement, then is addressed and available data demonstrates that the Potential Threat no longer exists.
(SIGNATURES FOLLOW ON NEXT PAGE)
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PLEASANT HARBOR MARINA AND GOLF RESORT, LLP
_______________________________ M. Garth Mann,
Title: ___________________________
Pleasant Harbor Marina and Golf Resort, LLP Date: ___________________________
Approved by Jefferson County Director of Community Development:
_______________________________ Patty Charnas, Jefferson County Director of Community Development Date: ___________________________
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EXHIBIT A
Attached Revised Pleasant Harbor Groundwater Monitoring Plan Prepared by Subsurface Group, LLC, dated February 22, 2010
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