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HomeMy WebLinkAboutStampedLog Item 12 Final DNSr 4sON n JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street I Port Townsend, WA 98368 360-379-4450 1 email: dcd@co.jefferson.wa.us IN www.co.jefferson.wa.us/commdevelopment FINAL DETERMINATION OF NON -SIGNIFICANCE AND LEAD AGENCY STATUS DATE: April, 4, 2019 PROPONENT: Rocky Brook Hydroelectric LP APPLICATION: MLA 18-00105 — SDP 18-00023 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 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. Legal Description and Location: Parcel Number 602282004 in Section 28, Township 26N, Range 02W, TAX 7, WM, located at 3020 Dosewallips Road, Brinnon, WA 98325 NOTICE OF LEAD AGENCY: Jefferson County has determined it is lead agency for the above- described proposal. NOTICE OF NON -SIGNIFICANCE: Jefferson County has determined that the above-described proposal, would not have a probable significant adverse impact on the environment, and an environmental impact statement is not required under RCW 43.21C.030(2)(c). This determination was made after review of a completed environmental checklist and other information on file with the Jefferson County Development Review Division and an inspection of the site. APPEAL PERIOD: This determination is issued pursuant to WAC 197-11-340(2)(f). Jefferson County has considered comments on its preliminary determination of nonsignificance. There is no additional comment period. Any appeal of this determination on the basis of noncompliance with the provisions of Chapter 43.21c RCW (State Environmental Policy Act) must be submitted in writing by 4:30 p.m., April 19, 2019 to the Jefferson County Department of Community Development, Development Review Division (621 Sheridan Ave, Port Townsend, WA 98368) for consideration by the Jefferson County Hearing Examiner at the schedule public hearing on April 23, 2019. SEPA Responsible Official ate 201900131 - JEFFERSON COUNTY - SEPA Administration Pagel of 3 State Environmental Policy Act (SEPA) Register SEPA and NEPA documents posted by the Department of Ecology since 2000 Search (../../) / 201900131 - JEFFERSON COUNTY 201900131 - JEFFERSON COUNTY Lead Agency JEFFERSON COUNTY File # MLA18-00105, SH15-85 - SDP85-00015 Contact David Wayne Johnson, Associate Planner (360) 379-4465 djohnson@co.jefferson.wa.us (mailto:djohnson@co.jefferson.wa.us) County JEFFERSON Region SW SEPA # 201900131 Document Type ODNS/NOA Date Issued 01/09/2019 Comments Due https:Hfortress.wa.gov/ecy/separ/Main/SEPA/Record.aspx?SEPANumber=2... 1/10/2019 201900131 - JEFFERSON COUNTY - SEPA Administration Page 2 of 3 02/08/2019 Proposal Description Rocky Brook Hydroelectric LP; Proposal to install a new 20' outflow pipe at the power house to accompany new turbines. The concrete spill over will ensure proper disbursement of flows which will be reduced by 50% with new turbine configuration. 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 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. Related Record Notes The project requires SEPA review with public notice and 30 day comment period, and a public hearing with a decision by the Jefferson County Hearing Examiner. "This will be the only opportunity to make comments related to SEPA. There will not be another comment period after the threshold (final) SEPA determination is made." Location Address: 3020 Dosewallips Road; located 3 miles west of Highway 101 on Dosewallips Road Brinnon, WA Parcel: 602282004 Longitude: -122.949060 Latitude: 47.718660 Section/Town/Range Section 28, Township 26N, Range 2W, W.M Applicant Rocky Brook Hydroelectric LP Applicant Contact Dell Keehn, Rocky Brook Hydroelectric LP (Proponent) 7829 CENTER BLVD SE SNOQUALMIE WA 98065-9096 Documents MLA18-00105 SEPA Checklist.pdf (Document/DocumentOpen Handler.ashx? Documentld=52314) (708 KB) 16 Notice of App.pdf (Document/DocumentOpenHandier. ashx?Documentld=52312) (92 KB) https://fortress.wa.gov/ecy/separ/Main/SEPAJRecord.aspx?SEPANumber=2... 1/10/2019 SEPA ENVIRONMENTAL CHECKLIST UPDATED 2014 Purpose of checklist: Z.lk 8 20elj JZFfiJERSCN COV N7,yOCm Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. Instructions for applicants:hj elp1 This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use "not applicable" or "does notapply" on3 when you can explain why_it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision- making process. The checklist questions apply to all parts of Your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Instructions for Lead Agencies: Please adjust the format of this template as needed. Additional information may be necessary to evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse impacts. The checklist is considered the first but not necessarily the only source of information needed to make an adequate threshold determination. Once a threshold determination is made, the lead agency is responsible for the completeness and accuracy of the checklist and other supporting documents. Use of checklist for nonproject proposals:hj p.[ For nonproject proposals (such as ordinances, regulations, plans and programs), complete the applicable parts of sections A and B plus the SUPPLEMENTAL SHEET FOR NONPROJECT ACT]ON5 art ❑ . Please completely answer all questions that apply and note that the words "project," "applicant," and "property or site" should be read as "proposal," "proponent," and "affected geographic area," respectively. The lead agency may exclude (for non -projects) questions in Part B - Environmental Elements —that do not contribute meaningfully to the analysis of the proposal. WAC 197-11-960 Environmental checklist guidance updated June 2011 EVALUATION FOR AGENCY USE ONLY A. backgroundhf elpl 1. Name of proposed project, if applicable:hl elpl Rocky Brook Hydroelectric LP 2. Name of applicant: hel Rocky Brook Hydroelectric LP (Dell Keehn) 3. Address and phone number of applicant and contact person:hf elpl PO Box 512, Brinnon, WA 98320 (360) 302-0658 (Wayne Herr) 4. Date checklist prepared:hf elpl September 2018 5. Agency requesting checklist:hf elpl Jefferson County 6. Proposed timing or schedule (including phasing, if applicable):hf elpl Upon permit approval, project will be initiated 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain.hf g N/A 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal.hf elpl A shoreline mitigation plan has been prepared (attached) 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. hf elpl N/A 10. List any government approvals or permits that will be needed for your proposal, if known.hf elpl Critical Areas permits, Shoreline substantial development permit, JARPA, HPA 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.)hf elpl Proposal to install a new 20' outflow pipe at the power house to accompany new turbines. The concrete spill over will ensure proper dispursement of flows which will be reduced by 50% with new turbine configuration. Rocky Brook is located 3 miles west of Highway 101 on Dosewallips Road. SEPA Environmental checklist (WAC 197-11-960) May 2014 Page 2 of 14 EVALUATION FOR AGENCY USE ONLY 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if -known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist.hf gM Jefferson County parcel no: 602282004 Sec. 28 Twn. 26N Range 2W 3020 Dosewallips Road Brinnon, Washington 98320 B. ENVIRONMENTAL ELEMENTShf p -t 1. Earth a. General descri tion of the site f helpl (circle one . Flat, r fing, hilly, steep slopes, mountainous, other b. What is the steepest slope on the site (approximate percent slope)?hj elpl Project area is limited to level area near power house. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. hf elpl Ahl-Rock outcrop complex, 50 to 90 percent slopes (AkF) mapped by NRCS. Soil will be removed to install the new outflow and taken offsite. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe.hf elpl In the 35 years of ownership, there have been no known unstable soils. e. Describe the purpose, type, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill.hf elpl Placement of 20 feet of 24 inch pipe, secured in place by concrete and covered. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe.hj elpj Construction activities will be confined to 2 days of work, erosion issues are unlikely to occur within the project time frame. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)?hf elpl The amount of impervious surface onsite will not change. SEPA Environmental checklist (WAC 197-11-960) May 2014 Page 3 of 14 ' EVALUATION FOR AGENCY USE ONLY h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any:hj elp1 A geo-technical engineer has been hired to evaluate the project. (see attached) 2. Air 41 a. What types of emissions to the air would result frorrfthe proposal during construction operation, and maintenance when the project is completed? If any, generally describe and give approximate quantities if known.h[ elpl During construction, the project will produce minor fumes from heavy equipment. Upon completion, there will be no emissions. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe.hl g N/A c. Proposed measures to reduce or control emissions or other impacts to air, if any:hf elpl N/A 3. Water a. Surface Water:hI elpl 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into.hf elp] Rocky Brook: Type S, fish stream, permanently flowing Flows into Dosewallips River and Hood Canal 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans.hf elpl Work will occur within several feet of the OHWM. See attached plans 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. hl elpl No fill or dredge materials will be placed in or removed from surface waters. An area 5 feet above the OHWM 3 feet, by 5 feet will be temporarily impacted. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. hl elpl N/A 5) Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan.hf elpl N/A SEPA Environmental checklist (WAC 197.11.960) May 2014 Page 4 of 14 EVALUATION FOR AGENCY USE ONLY 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge.hj elpl N/A b. Ground Water: 1) Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well. Will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known.hj elpj N/A 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals... ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. hel N/A c. Water runoff (including stormwater): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. hLel-p1 Stormwater management will remain the same upon completion. 2) Could waste materials enter ground or surface waters? If so, generally describe.hf elpl N/A 3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. N/A d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts, if any: N/A SEPA Environmental checklist (WAC 197-11-960) May 2014 Page 5 of 14 / EVALUATION FOR V AGENCY USE ONLY 4. Plantshf elpl a. Check the types of vegetation found on the site:hf p.[ X deciduous tree: alder, maple, aspen, other Maple X evergreen tree: fir, cedar, pine, other cedar and fir X shrubs vine maple, ocean spray grass pasture crop or grain Orchards, vineyards or other permanent crops. wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other other types of vegetation b. What kind and amount of vegetation will be removed or altered?hf elpl Minimal vegetation removal is required. 1 small maple tree and several shrubs. c. List threatened and endangered species known to be on or near the site. hf e112 N/A d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any:hf elpl The mitigation plan involves replanting the area temporarily impacted by e. List all nox&g r�� gland invasive species known to be on or near the site. N/A 5. Animals a. List any birds and other animals which have been observed on or near the site or are known to be on or near the site. Examples include:hf elpl birds: hawk, heron, eagle, songbirds, other: mammals: deer, bear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other b. List any threatened and endangered species known to be on or near the site.hLelpl Salmons c. Is the site part of a migration route? If so, explain.hJ elpl The upstream waterfall prevents fish species from migrating beyond the pool. The plant maintains a discharge of 5 cubic feet/sec (CFS) as a condition of operation. d. Proposed measures to preserve or enhance wildlife, if any:hf elpl N/A SEPA Environmental checklist (WAC 197-11-960) May 2014 Page 6 of 14 EVALUATION FOR AGENCY USE ONLY e. List any invasive animal species known to be on or near the site. N/A 6. Energy and natural resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc.hf elgl Produces hydroelectric energy for Brinnon b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe.hf elpj N/A c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any:hf elpl More efficient turbines will reduce the amount of water needed. 7. Environmental health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe.hf elpl N/A 1) Describe any known or possible contamination at the site from present or past uses. 2) Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. N/A 3) Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at anytime during the operating life of the project. 4) Describe special emergency services that might be required. N/A 5) Proposed measures to reduce or control environmental health hazards, if any: N/A SEPA Environmental checklist (WAC 197-11-960) May 2014 Page 7 of 14 EVALUATION FOR AGENCY USE ONLY b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)?hf e1W N/A 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. hel Temporary construction noise will return to current levels upon completion. 3) Proposed measures to reduce or control noise impacts, if any:hl pial N/A 8. Land and shoreline use a. What is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent properties? If so, describe.hf pial Current use as a hydroelectric plant, use will not change. b. Has the project site been used as working farmlands or working forest lands? If so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use?hf pial N/A 1) Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting? If so, how: N/A c. Describe any structures on the site.hf pial Power house d. Will any structures be demolished? If so, what?h� el N/A e. What is the current zoning classification of the site?JLg.!pJ RR20 - Rural Residential f. What is the current comprehensive plan designation of the site?hf elpl RR20 - Rural Residential SEPA Environmental checklist (WAC 197-11.960) May 2014 Page 8 of 14 EVALUATION FOR AGENCY USE ONLY g. If applicable, what is the current shoreline master program designation of the site? hel Natural h. Has any part of the site been classified as a critical area by the city or county? If so, specify.hf elpl Rocky Brook is a shoreline of the state. Jefferson County identifies it as a priority habitat i. Approximately how many people would reside or work in the completed project?hf elpl N/A j. Approximately how many people would the completed project displace? hf elpl N/A k. Proposed measures to avoid or reduce displacement impacts, if any: Le -kJ N/A L. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any:hf @.! Use will not change, public access will be maintained. m. Proposed measures to ensure the proposal is compatible with nearby agricultural and forest lands of long-term commercial significance, if any: N/A 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing.hf @.! N/A b. Approximately how many units, if any, would be eliminated? Indicate whether high,middle, or low-income housing.hf pM N/A c. Proposed measures to reduce or control housing impacts, if any: hf elpl N/A 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? hf elp, N/A SEPA Environmental checklist (WAC 197-11.960) May 2014 Page 9 of 14 EVALUATION FOR AGENCY USE ONLY b. What views in the immediate vicinity would be altered or obstructed? hel N/A c. Proposed measures to reduce or control aesthetic impacts, if any: hf _elpl N/A 11. Light and glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur?h[ elpl N/A b. Could light or glare from the finished project be a safety hazard or interfere with views?hf elpl N/A c. What existing off-site sources of light or glare may affect your proposal? h[ elpl N/A d. Proposed measures to reduce or control light and glare impacts, if any: [help] N/A 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? `moi People visit the falls, walking by the hydroelectric facility. b. Would the proposed project displace any existing recreational uses? If so, describe.hl elpl Public access will be maintained. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: hel N/A 13. Historic and cultural preservation a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national, state, or local preservation registers located on or near the site? If so, specifically describe.hf elpl N/A SEPA Environmental checklist (WAC 197-11-960) May 2014 Page 10 of 14 EVALUATION FOR AGENCY USE ONLY b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries. Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources.hf elpj N/A c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc.hf elpl N/A d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. N/A 14. Transportation a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any.hf p Dosewallips Road b. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop?h[belpl N/A c. How many additional parking spaces would the completed project or non - project proposal have? How many would the project or proposal eliminate? Ltelpj N/A d. Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle or state transportation facilities, not including driveways? If so, generally describe (indicate whether public or private). [Le 1- N/A e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe.hf @. N/A f. How many vehicular trips per day would be generated by the completed project or proposal? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial SEPA Environmental checklist (WAC 197-11-960) May 2014 Page 11 of 14 and nonpassenger vehicles). What data or transportation models were used to make these estimates? Itelo Traffic volumes will not change. g. Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe. N/A h. Proposed measures to reduce or control transportation impacts, if any: hf el NIA 15. Public services a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? If so, generally describe. 1heI N/A b. Proposed measures to reduce or control direct impacts on public services, if any. 1hel N/A 16. Utilities a. Circle utilities currently available at the site: JheI e ectricl , atural gas, water, refuse service, telephone, sanitary sewer, septic system, other b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. lbelp The plant produces electricity C. Signature HELP The above answers are true and complete to the best of my knowledge. understand that the lead agency is relying on them to make its decision. Signature:4 fY Name of signe 'Do� k_ �-- Vee -)nn Position and ApencvlQrganization Pi eSt 6 e►n C'y- k-1 Bi� 0 Date Submitted: 1 SEPA Environmental checklist (WAC 19741-960) May 2014 Page 12 of 14 EVALUATIONFOR AGENCY USE ONLY EVALUATION FOR J AGENCY USE ONLY D. supplemental sheet for nonproject actions LLeeio (IT IS NOT NECESSARY to use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; pro -duction, storage, or release of toxic or hazardous substances; or production of noise? Proposed measures to avoid or reduce such increases are: 2. How would the proposal be likely to affect plants, animals, fish, or marine life? Proposed measures to protect or conserve plants, animals, fish, or marine life are: 3. How would the proposal be likely to deplete energy or natural resources? Proposed measures to protect or conserve energy and natural resources are: 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? SEPA Environmental checklist (WAC 197-11-960) May 2014 Page 13 of 14 EVALUATION FOR AGENCY USE ONLY Proposed measures to protect such resources or to avoid or reduce impacts are: 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Proposed measures to avoid or reduce shoreline and land use impacts are: 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Proposed measures to reduce or respond to such demand(s) are: 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. SEPA Environmental checklist (WAC 197-11-960) May 2014 Page 14 of 14 $ srnr�; r R�' M o �: {{ ,Cn a�' Y� a 1 �aea No STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47775 •Olympia, Washington 98504-7775 • (360) 407-6300 711 for Washington Relay Service • Persons with a speech disability can call 877-833-6341 February 8, 2019 David Wayne Johnson, Associate Planner Jefferson County Community Development Department 621 Sheridan Street Port Townsend, WA 98368 Dear David Wayne Johnson: JEFFERSON COUNTY DCD Thank you for the opportunity to comment on the optional determination of nonsignificance/notice of application for the Rocky Brook Hydroelectric LP Project (MLA18- 00105, SH15-85, SDP85-00015). The Department of Ecology (Ecology) reviewed the information provided by Jefferson County and has the following comment(s): WATER QUALITY/WATERSHED RESOURCES UNIT: Chris Montague-Breakwell (360) 407-6364 Erosion control measures must be in place prior to any clearing, grading, or construction. These control measures must be effective to prevent stormwater runoff from carrying soil and other pollutants into surface water or stormdrains that lead to waters of the state. Sand, silt, clay particles, and soil will damage aquatic habitat and are considered to be pollutants. Any discharge of sediment -laden runoff or other pollutants to waters of the state is in violation of Chapter 90.48 RCW, Water Pollution Control, and WAC 173-201A, Water Quality Standards for Surface Waters of the State of Washington, and is subject to enforcement action. Construction Stormwater General Permit: The following construction activities require coverage under the Construction Stormwater General Permit: 1. Clearing, grading and/or excavation that results in the disturbance of one or more acres and discharges stormwater to surface waters of the State; and 2. Clearing, grading and/or excavation on sites smaller than one acre that are part of a larger common plan of development or sale, if the common plan of development or David Wayne Johnson, Associate Planner February 8, 2019 Page 2 sale will ultimately disturb one acre or more and discharge stormwater to surface waters of the State. a) This includes forest practices (including, but not limited to, class IV conversions) that are part of a construction activity that will result in the disturbance of one or more acres, and discharge to surface waters of the State; and Any size cobstrudtiQn activity discharging stormwater to waters of the State that Ecology:.. ':. a) Determines to be a significant contributor of pollutants to waters of the State of Washington,: b) Reasonably expects to cause a violation of any water quality standard. If there nre'kno*h-soit%gr'ottnd water contaminants present on-site, additional information (including, but not limited to: temporary erosion and sediment control plans; stormwater pollution prevention plan; list of known contaminants with concentrations and depths found; a site map depicting the sample location(s); and additional studies/reports regarding contaminant(s)) will be required to be submitted. You may apply online or obtain an application from Ecology's website at: htt ://www.eC .wa, ovl ro rams/w/stormwater/construction/ - A lication. Construction site operators must apply for a permit at least 60 days prior to discharging stormwater from construction activities and must submit it on or before the date of the first public notice. Ecology's comments are based upon information provided by the lead agency. As such, they may not constitute an exhaustive list of the various authorizations that must be obtained or legal requirements that must be fulfilled in order to carry out the proposed action. If you have any questions or would like to respond to these comments, please contact the appropriate reviewing staff listed above. Department of Ecology Southwest Regional Office (MLD:201900131) cc: Chris Montague-Breakwell, WQ Carol Serdar, WQ Dell Keehn, Rocky Brook Hydroelectric LP (Proponent) David W. Johnson From: Dell Keehn <dek12@isomedia.com> Sent: Thursday, February 28, 2019 11:03 AM To: David W. Johnson Cc: lauraw@eco-land.com; Brook Rocky Subject: Re: Rocky Brook Hydro - Comments, Public Hearing Date & Site visit Good Morning, I simply made a slight edit to the original email which is at the end of this email string. Thanks, Dell Sent from my iPhone On Feb 28, 2019, at 9:17 AM, David W. Johnson <diohUg_(t 7co.iefferson.wa.us> wrote: Was there supposed to be an attachment to this email? From: Dell Keehn <dek12@isomedia.con>> Sent: Thursday, February 28, 2019 8:47 AM To: David W. Johnson <diohiisoni2co.iefferson.wa.us> Cc:'Laura Westervelt' <lauraw@eco-land.cosn>; herrwayne@yahoo.com Subject: RE: Rocky Brook Hydro - Comments, Public Hearing Date & Site visit Good Morning Mr. Johnson, I have revised my comments very slightly. Will you please discard the prior response and utilize this. Thanks, if you and Wayne pick a time for a site visit, I will try to join you. A visit to Rocky Brook is always enjoyable and it will give you a sense of the foot traffic even in the winter. Best, Dell From: David W. Johnson [mailto:diohnson co.ief erson.wa.us] Sent: Tuesday, February 19, 2019 8:08 AM To: Dell Keehn Subject: RE: Rocky Brook Hydro - Comments, Public Hearing Date & Site visit Thanks! From: Dell Keehn <dek122isornedia.cam> Sent: Friday, February 15, 2019 4:08 PM To: David W. Johnson <diohnson@coJefferson.wa.us>; herrwayne2yahoo.com;'Laura Westervelt' <lauraw @eco-iand.com> Cc: 'C Carlson' <cc.weather! cam anies inail.coni>; sz@weatherlycompanies.com Subject: RE: Rocky Brook Hydro - Comments, Public Hearing Date & Site visit Good Afternoon Mr. Johnson, We have reviewed the comments submitted regarding Rocky Brook's permit application from the Department of Ecology and Mr. Kuklok. We fully understand our obligations and the guidelines outlined by the Department of Ecology. We would, however, like to provide a response to the comments submitted by Mr. Kuklok. He states that our FERC license has an obligation to allow public access under the terms. Clearly he has not read our license. There is no obligation in our license to accommodate anyone or to provide access. We have had our license since 1982 and have enjoyed an outstanding relationship with the community. We are not a public entity and this remains our private property. We comply with the signage outlined by the FERC. It remains up to us to determine if we wish to post signs in addition to those that already exist. The walk into the water falls is less than 1/5 1h of a mile. It is not a destination resort requiring the public restrooms etc. nor would they be an appropriate demand of private property owners. We have struggled to operate this plant properly and have consistently subsidized its operation. It is inappropriate to make demands on us simply because we have asked to modernize the plant. Our permit request is, after all, dealing with a 20 foot pipe although that does not diminish our obligation to do this in accordance with the recommendations of our biologist and other entities who have set the parameters for the permit. This is an entirely green project. We do not add sediment to the water and are conscientious stewards of the environment. We do not discharge diminished waters and most assuredly the thousands of visitors who are at the falls every year have never commented on anything other than the fact that we have been outstanding guardians of a pristine facility. Please feel free to read the many commentaries on line. What I am sure that no one wants is for us to throw in the towel and sell the site to someone who does not have the same concerns about access or the environment that we have demonstrated. Regards, Dell E. Keehn From: David W. Johnson [mailto:d'ohnson coJeffer on.wa.us] Sent: Tuesday, February 12, 2019 11:04 AM To: herrwayneC yahoo.gpmm; dek12@isomedia.com; Laura Westervelt Cc: David W. Johnson Subject: Rocky Brook Hydro - Comments, Public Hearing Date & Site visit Attached are comments received during the 30 day comments period. You may provide a response to comments if you wish - not required. Next available public hearing dates are Tuesday March 121h or Tuesday March 26th. Which date works for you? Wayne, I'd like to schedule a site visit in the meantime. What are good dates and times for you in the next two weeks? Let me know if you have any questions Thanks!