Loading...
HomeMy WebLinkAboutFinal MLA18-00105 SDP Staff Report MLA18-00105/SDP18-00023 Page 1 of 6 Rocky Brook Hydro-electric DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO THE JEFFERSON COUNTY HEARING EXAMINER Re: Type III Shoreline Substantial ) PROPOSED FINDINGS Development Permit ) CONCLUSIONS, AND ) RECOMMENDATIONS File No.: MLA18-00105/SDP18-00023 ) ) Applicant: Rocky Brook Hydroelectric LP ) SUMMARY APPLICATION AND RECOMMENDATION Date of Application: Jefferson County received the application on November 28, 2018, and deemed it substantially complete on December 26, 2018. Proposal: TYPE III SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - The project is an upgrade to an existing permitted (SH15-85 - SDP85-00015) hydroelectric facility. The upgrade includes new turbines in the powerhouse that will decrease the amount of water needed to power the turbines by up to 50%, and a new outflow structure at the powerhouse to return the water to the creek. All work will be performed above the ordinary high water mark. A shoreline mitigation plan has been prepared and submitted with the application to address no net loss of ecological functions and processes. The project requires SEPA review with public notice and 30-day comment period, with a public hearing and decision by the Jefferson County Hearing Examiner. Background Summary: On March 17, 1986, the Rocky Brook Hydroelectric Limited Partnership (LP) received a Shoreline Substantial Development Permit (SH15-85/SDP85-00015) from Jefferson County (Exhibit 11) for a Hydroelectric Facility. The facility consists of a 150 square foot intake structure placed in the stream that is connected to a penstock. The penstock carries water to a 25 x 40 foot powerhouse located 200 feet north of Dosewallips Road. The water passes through one to four vertical turbine generators. A surge tank is placed in line with the penstock. Water exits the powerhouse and runs up a slight incline in an outfall pipe and is discharged near the base of the falls. Electrical lines connect the system to an intertie (interconnection) owned by Mason County Public Utility District No. 1. One of the conditions of permit approval is that the public shall be permitted free and unencumbered access to Rocky Brook Falls at all times except during active maintenance, repair, or removal of the facility. The site is and has been very popular for locals and tourists alike, but with limited roadside parking that fills up quickly during the summer months. The original turbines have simply outlived their usefulness and need to be replaced with current technology that is twice as efficient, but will also require the re-configuration of the discharge point downstream 300 feet from its current location, which is the reason for a new Shoreline Permit. Legal Description & Project Location: Parcel Number 602282004 in Section 28, Township 26N, Range 02W, TAX 7, WM, located at 3020 Dosewallips Road, Brinnon, WA 98325 Recommendation: Approval with conditions MLA18-00105/SDP18-00023 Page 2 of 6 Rocky Brook Hydro-electric Project Planner: David Wayne Johnson BACKGROUND INFORMATION Applicant/Property Owner: Rocky Brook Hydroelectric LP Dell Keehn, Partner 7829 Center Blvd SE Snoqualmie, WA 98065-9096 Representative: Ecological Land Services Laura Westervelt, Biologist 1157 3rd Ave. Suite 220A Longview, WA 98632 Site Address: 3020 Dosewallips Road Brinnon, WA 98325 Site Conditions: The subject parcel is approximately ten acres in size and is accessed via Dosewallips Road to the south. Rocky Brook Creek runs generally through the center of the parcel. Presently, there is a parking area along the road, gate, and gravel driveway to the one thousand square foot building that houses the Hydro-facility turbines. Behind the building are large pipes that carry the water from the top of the falls and into the building to be forced through the turbines to generate the electricity. Several hundred MLA18-00105/SDP18-00023 Page 3 of 6 Rocky Brook Hydro-electric feet to the north along the creek is a concrete outfall structure with steel grating (see photos Exhibit 9). After the water is run through the turbines, it is discharged out this outfall structure and back into the creek. The land slopes up from the road at a moderate angle (data unavailable) until it reaches the base of the falls where is increases to a near vertical rock face. Mapped critical areas on-site include Natural Shoreline Designation, Type F Stream and Slight to High landslide Hazard area. The parcel is zoned Rural Residential 1:20 (RR-20). With the exception of the structures noted above, there is no other development in the project area. The site is heavily vegetated with native plants and trees and remains for the most part in its pre-development state. Surrounding Area: All surrounding parcels are zoned Rural Residential 1:20 with the exception of the property to the North which is Federally owned National Forest Land, as part of the Olympic National Forest, and is undeveloped. Adjacent properties to the south and east are developed with single-family residences, while the parcels to the west remain undeveloped. Shoreline Designation: Pursuant to the Jefferson County Shoreline Master Program (SMP), the parcel has a shoreline environmental designation of Natural. The purpose of the Natural designation states, “The natural designation protects from harm or adverse impact shoreline areas that are intact, have minimally degraded functions and processes, or are relatively free of human influence.” The parcel is designated Priority Aquatic below Ordinary High Water Mark (OHWM). The purpose of the priority aquatic designation is to protect to the highest degree possible and, where feasible, restore waters and their underlying bedlands deemed vital for salmon and shellfish. Comprehensive Plan Designation: The Jefferson County Comprehensive Plan (adopted August 28, 1998) designates the subject parcels Rural Residential R 1:20. State Environmental Policy Act (SEPA) Review: A SEPA determination of non-significance was issued on April 4, 2019 by Jefferson County as lead agency (Exhibit 12). Two comments were received (Exhibit 12 & 13). The first comment from the Department of Ecology dated February 8, 2019 was a standard advisory regarding State law on water quality and the requirements for a Construction Stormwater General Permit. The second comment was from an adjacent neighbor who noted observing the release of water from the storage tank above the falls, and impacts related to the “free and unencumbered” public access to the site, both of which were either permitted, or conditions of approval under the existing permit (SH15-85 #4) and are not part of the subject application. Therefore, there were no additional mitigation measures identified as a result of SEPA review. Procedural Information: Notice of Application  Application submitted to Department of Community Development (DCD): November 28, 2018  Staff determined the application substantially complete: December 20, 2018  Notice of Application mailed to adjacent property owners & agencies: January 9, 2019  Posting of Notices by Staff: January 8, 2019  Publication of Legal Notices: January 9, 2019 (Port Townsend-Jefferson County Leader)  Comment period was open for 30 calendar days (per JCC 18.40.220) through February 8, 2019 Comments: Notices were sent to adjacent property owners within 300 feet of the subject parcel. Staff requested review and comments on the application from the following agencies:  WA Dept. of Ecology Shorelines  Jamestown S’Klallam Tribe  Port Gamble S’Klallam Tribe  Suquamish Tribe  Port Townsend Leader  WA Dept. Fish and Wildlife MLA18-00105/SDP18-00023 Page 4 of 6 Rocky Brook Hydro-electric  Dept. of Ecology SEPA Review  Skokomish Tribe  Point No Point Treaty Council  Peninsula Daily News Jefferson County received two (2) comments on the application (Exhibit 12 & 13). The first comment from the Department of Ecology dated February 8, 2019 was an advisory regarding State law on water quality and the requirements for a Construction Stormwater General Permit. The second comment was from an adjacent neighbor, Mr. Dennis Kuklok, who noted observing the release of water from the storage tank above the falls, which would be covered under the existing permit and is not part of the project area subject to this application. The property owner denies they are discharging sediment into the water and claims they understand the Department of Ecology guidelines and are compliant with the law. Mr. Kuklok also noted other areas where the site could be improved to mitigate the impacts from public access as a result of condition of approval #4 under the original permit SH15-85. Staff contacted the Brinnon Parks and Recreation District REVIEW CRITERIA State and Local Approvals and Permits Required:  Jefferson County Department of Community Development: Type III Shoreline Substantial Development Permit  Department of Ecology: Final Authority on Shoreline Substantial Development permit  Department of Fish & Wildlife: Hydraulic Project Approval (HPA) Applicable Ordinances and Plans:  Shoreline Master Program for Jefferson County, effective February 21st, 2014,  Jefferson County Comprehensive Plan, adopted August 28, 1998, as amended, and  Jefferson County Code (JCC), JCC Title 18, Unified Development Code (UDC), adopted December 18, 2000 and effective January 16, 2001 as amended STAFF FINDINGS The following presents staff findings regarding consistency of the application with the Jefferson County Comprehensive Plan (Comp Plan) and the Jefferson County Code (JCC). Based on the findings presented below, recommended staff conditions are included at the end of this staff report. 1. Jefferson County Comprehensive Plan the proposal is subject to all applicable sections of the Jefferson County Comprehensive Plan. Goals and policies of the Shoreline section of the Comp Plan are incorporated by reference from the Shoreline Master Program JCC 18.25. The following Comp Plan goals are applicable to the subject application for a mooring buoy: JCC 18.25.180 Shoreline use. (2) Goals. (a) Ensure that shoreline use patterns are compatible with the ecological functions and values of the shoreline and avoid disruption of natural shoreline processes. (b) Increase protection of shoreline ecological resources by properly siting and regulating water - dependent and residential uses that have preferred status for use of waterfront lands. (h) Reserve aquatic lands including tidelands for water-dependent uses. MLA18-00105/SDP18-00023 Page 5 of 6 Rocky Brook Hydro-electric 2. Jefferson County Code: The proposal is subject to all applicable sections of the Jefferson County Code. Jefferson County Code Table 18.22.170 Geologically Hazardous Areas, Protection Standards The project area is mapped as a potential geohazard. The applicant has submitted a geotechnical report prepared by Aspect Consulting dated February 1, 2019 (Exhibit 8) in compliance with 18.22.170(9). Jefferson County Code Table 18.25.270 Fish & Wildlife Conservation Areas, Protection Standards Rocky Brook Creek is mapped as a Type “F” Fish Bearing Stream with an associated buffer of 150 feet. The applicant has submitted a Shoreline Mitigation Plan prepared by Ecological Land Services dated November 28, 2018 (Exhibit 5) in compliance with JCC 18.22.440 Habitat Management Plan. Jefferson County Code Table 18.25.220 Permitted, Conditional and Prohibited Uses by Shoreline Environment Designation. Power/tidal energy generating facilities are prohibited in both the Natural and Priority Aquatic Shoreline designations. However, the facility is legal non-conforming, permitted as a Shoreline Substantial Development in 1986 under permit SDP85-15. Jefferson County Code 18.25.390 In-Stream Structures The proposed re-location of the outfall meets the definition of an in-stream structure under JCC 18.25.100(I) “In-stream structure” means a human-made structure placed within a stream or river waterward of the ordinary high water mark that either causes or has the potential to cause water impoundment, or the diversion, obstruction, or modification of water flow. In -stream structures may include those for hydroelectric generation, irrigation, water supply, flood control, transportation, utility service, transmission, fisheries enhancement, or other purposes. The applicant shall be required to obtain a professionally engineered building permit (18.25.390(g)), and HPA approval from the Department of Fish & Wildlife (18.25.390(h)) as a condition of permit approval, and prior to any land disturbing activity. The applicant has submitted a Shoreline Mitigation Plan prepared by Ecological Land Services dated November 28, 2018 (Exhibit 5) in compliance with 18.25.390(i)(iii). Jefferson County Code 18.25.530 Utilities Utilities are prohibited in the Natural Shoreline designation. However, maintenance of existing utilities is allowed, provided “the construction, operation and maintenance of utilities shall not cause a net loss of shoreline ecological functions or processes or adversely impact other shoreline resources and values.” The applicant has prepared a Shoreline Mitigation Plan (Exhibit 5) and a Stormwater Pollution Prevention Plan (Exhibit 7) in compliance with 18.25.530(3)(c) & (d)(v)(vi) & (f). Jefferson County Code 18.25.560 Exemptions Listed The proposal meets the definition of Shoreline Substantial Development since the relocation of the outfall/discharge cannot be exempted as maintenance and repair under 18.25.560(2) because it is not the same size, shape, configuration or location. Jefferson County Code 18.25.640 Preapplication Conferences A pre-application conference as required for a Type III project application was held on July 3, 2018 (Exhibit 2). MLA18-00105/SDP18-00023 Page 6 of 6 Rocky Brook Hydro-electric S TAFF RECOMMENDATION Having satisfied the requirements of the Shoreline Master Program, staff recommends approval of the Type III Shoreline Substantial Development permit for relocation of the water outfall/discharge and replacement of turbines for a legal non-conforming Hydroelectric facility. RECOMMENDED CONDITIONS 1. Conditions of approval issued under existing permit SH15-85 are still valid. 2. The applicant shall be required to obtain a professionally engineered building permit from DCD including review and approval of stormwater pollution prevention, prior to land disturbing activities. 3. An HPA approval from the Department of Fish & Wildlife shall be required prior to land disturbing activities. 4. The applicant shall implement the Shoreline Mitigation Plan prepared by Ecological Land Services dated November 28, 2018, specifically the Restoration and Annual Monitoring Plans. 5. Work within jurisdiction of the Shoreline Master Program other than as described above shall receive separate review from this Department. 6. Any future permits on this site are subject to review for consistency with applicable codes and ordinances and does not preclude review and conditions, which may be placed on future permits. Prepared by Associate Planner, David Wayne Johnson, April, 2019