HomeMy WebLinkAbout03 Marrowstone Marijuana Greenhouse SEPA memo_07142017.pdfJJEEFFFFEERRSSOONN CCOOUUNNTTYY
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Tel: 360.379.4450 | Fax: 360.379.4451 | Email: dcd@co.jefferson.wa.us
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SquareONE Resource Center | Building Permits & Inspections | Development Review | Long Range Planning
MEMORANDUM
July 14, 2017
TO: Stephen K. Causseaux, Jr., Jefferson County Hearing Examiner
FROM: David Greetham, Planning Manager, Jefferson County Dept. of Community
Development
RE: MLA17-00019, Marrowstone Marijuana Greenhouse - State Environmental Policy Act
(SEPA) exemption
During the June 27, 2017 public hearing for the above referenced application, the County
raised the issue of whether its original determination of SEPA exemption should be withdrawn.
The Hearing Examiner subsequently left the record open for both clarification of the SEPA
question and staff’s recommended conditions of approval. This memorandum specifically
addresses the SEPA issue.
Based on further review the County finds that its original determination of SEPA exemption
should not be withdrawn, and therefore still applies. Relevant citations follow.
The determination of SEPA exemption for the proposed structure was based on JCC
18.40.750(1)(d), which exempts commercial, service or storage buildings up to 12,000 square
feet of gross floor area, which the subject structure does not exceed. The associated land use
action was also determined to be SEPA exempt in accordance with WAC 197-11-800(6)(a).
At the public hearing, the County raised the question of whether the presence of a stream near
the easterly edge the parcel (approximately 600 feet east of the proposed structure) may
require reconsideration of the original exemption. Specifically, exemptions do not apply when a
project is undertaken on “lands covered by water” [JCC 18.40.750(3)(g)].
The County subsequently contacted the Department of Ecology’s SEPA Unit, which has
oversight for SEPA rules. Ecology staff confirmed the SEPA rules were updated in 2014 to
clarify the meaning of “lands covered by water.” Pursuant to the updated definition, “Lands
covered by water does not include adjacent lands and designated buffers above the ordinary
high water mark” [WAC 197-11-756(3)]. As no portion of the proposed project occurs at or
below the ordinary high water mark of the stream, the County finds that the original SEPA
exemption remains applicable.