Loading...
HomeMy WebLinkAboutStampedLog Item 15 Email CorrespondenceKevin Hitchcock From: Kevin Hitchcock Sent: Monday, June 04, 2018 9:47 AM To: 'herrwayne@yahoo.com' Cc: Bennett, Matthew J CIV USARMY CENWS (US); 'Perry, Randel J CIV USARMY CENWS (US)' Subject: RE: Pre -Application Conference Rocky Brook Hydroelectric Facility - Brinnon, WA (FERC) Good Morning Wayne, I'm circulating the Rocky Brook Hydroelectric application to agencies that may have jurisdiction in advance of Wednesday's meeting. Please contact Randel Perry from Army Corps of Engineers at your earliest convenience. Contact information included in email below. Thanks, Kevin Kevin Hitchcock Assistant Planner Jefferson County Department of Community Development 621 Sheridan St., Port Townsend, WA 93868 (360) 379-4462 / khitchcock@co.jefferson.wa.us All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act, a state law found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy (or for inspection) of this e-mail unless it is also exempt from production to the requester according to state law, including RCW 42.56 and other state laws. -----Original Message ----- From: Perry, Randel J CIV USARMY CENWS (US) [mailto:Randel.J.Perry@usace.army.mil] Sent: Monday, June 04, 2018 8:55 AM To: Kevin Hitchcock <KHitchcock@co.jefferson.wa.us> Cc: Bennett, Matthew J CIV USARMY CENWS (US) <Matthew.J.Bennett@usace.army.mil> Subject: FW: Pre -Application Conference Rocky Brook Hydroelectric Facility - Brinnon, WA (FERC) Kevin I will be the Corps project manager handling this action. I will not be able to attend the onsite meeting. Please have the Rocky Brook staff contact me at this e-mail address or the phone numbers below. Thanks Randel Perry Army Corps of Engineers, Seattle District Regulatory NW Field Office Bellingham, WA (360) 734-3156 (office) (360) 393-2867 (cell) Kevin Hitchcock From: Waldbillig, Chris M (DFW) <Chris.Waldbillig@dfw.wa.gov> Sent: Wednesday, July 25, 2018 11:23 AM To: Mraz, Richard A. (ECY); Kevin Hitchcock Subject: RE: Rocky brook plans Follow Up Flag: Follow up Flag Status: Flagged Kevin, The only concerns I still have are that the flow may be reduced because they are asking for a more efficient system, which would run better off reduced flows. I understand Facebook comments suggest plenty of water is going over the waterfall.... but could we ask for a gauge upstream and downstream of the intake and outlet and set a minimal flow when fish need the water the most in that 300 feet below the falls. We will still need additional information and better plans for issuing the HPA for construction of the outfall and removal of the old concrete dissipation pad and plugging of the old outfall. So long as they can demonstrate appropriate fish screens or not needing fish screens on the outfall, because there would be no way fish could get in; and that they will not need additional scour protection, because they have adequately dissipated the flow, then I think we are OK and would issue an HPA. Thanks, sorry for the delays, Chris Waldbillig Assistant Regional Habitat Program Manager Clallam, Kitsap, Jefferson, and Mason Counties 360-874-7258 Office 360-480-8128 Cell From: Mraz, Richard A. (ECY) Sent: Tuesday, July 24, 2018 8:38 AM To: Kevin Hitchcock <KHitch cock @co.jefferson.wa.us>; Waldbillig, Chris M (DFW) <Chris.Waldbillig@dfw.wa.gov> Subject: RE: Rocky brook plans No concerns on my end. Thanks Kevin. -Rick From: Kevin Hitchcock [maiito:KHitchcock@co.iefferson.wa.us) Sent: Friday, July 20, 2018 4:30 PM To: Mraz, Richard A. (ECY) <rmra461@ECY.WA.GOV>; Waldbillig, Chris M (DFW) <Chris.Waldbilhg@dfw.wa.gov> Subject: RE: Rocky brook plans Below is the requested narrative from Dell Keehn, the owner of the facility. I met with our planning manager this morning and he's in agreement with Rick's finding from JCC 18.25.530(3)(b) that a variance will not be required for this water -dependent use. They will need to apply for an SDP which will still require a public notice and decision by the County's Hearing Examiner. They will be required to submit a Habitat Management Plan/No Net Loss Report prepared by a qualified biologist along with the application. Please let me know if you have any concerns with the proposed process. Narrative from Dell: Rocky Brook has a remarkably well constructed penstock and intake. It was constructed primarily by local loggers who were, at best, underemployed. Unfortunately, the project was very poorly designed from an actual power plant perspective. Rocky Brook Hydroelectric LP was asked to take over the construction and ownership of the plant at an early phase but after the permitting had been done with the current configuration of the generating equipment so it could not be altered without long delays. That equipment consists of four pump turbines. In the most simplistic terms they are industrial pumps that run backward and they are very inefficient. However, what is worse is that to produce power it is necessary to add each pump as the water flow increases and drop off a pump as the water declines. At maximum output there are four turbines and at minimum output there is only one. The effect is that there is a slight surge when this takes place so the is more disruption for the discharge than with a conventional turbine. We have taken very important steps to mitigate any issues but a conventional turbine does not have this problem. The turbines that were used are no longer available nor would a power producer choose to utilize this configuration with the improved alternatives available today. Our turbines have been refurbished and rebuilt over the years and we have purchased used turbines that had less wear and tear over the past years as well. Our most recent was a turbine we installed about two years ago and it simply blew apart from fatigue. In essence our plant has simply reached the end of its useful life and this configuration without a modification of the outflow simply makes no economic sense. The dilemma we face is that to install a new Gilkes or similar conventional turbine, we have to modify our discharge location. This entails moving the discharge point down steam about 300 feet from its current location. The problem with the current configuration is that with a conventional turbine, were it to shut down, the power plant would be flooded. The discharge is upstream from the plant so waters would flow back into the plant. It also reduces the head so the power generation is diminished by as much as 7 percent. The environmental impact of a change in the generation is significant and very positive. If we move to a conventional turbine our engineers estimate that we can reduce the amount of water we utilize for generation by as much as 50%. We have a very clear and meaningful minimum flow bypass so there is always significant water in the stream coming from the falls. I would ask that you look at the comments by the locals on the web sites for water falls in Jefferson County and for Hood Canal Water falls to see that no one has ever had an issue with our discharge or the water flow over the falls as it relates to our operations. However a reduction in the discharge is clearly desirable. One reason there are no issues with the stream flows, at least In part, is because when the stream runs low we do not operate and that would be the case with the new configuration as well. From: Mraz, Richard A. (ECY) [mailto:rmra461 ECY.WA.GOV] Sent: Tuesday, July 17, 2018 2:12 PM To: Kevin Hitchcock <KHitchcock co.'efferson.wa.us>; Waldbillig, Chris M (DFW) <Chris.WaldbilliR@dfw.wa.Rov> Subject: RE: Rocky brook plans Kevin Hitchcock From: Dell Keehn <dek12@isomedia.com> Sent: Friday, July 27, 2018 2:35 PM To: Kevin Hitchcock; herrwayne@yahoo.com Cc: Emma Bolin Subject: RE: Rocky Brook permitting process outline Follow Up Flag: Follow up Flag Status: Flagged Good Afternoon Kevin, Thanks for all your help and guidance. I am hoping that you will allow us to remain in contact with you so we can ask for some direction in light of the fact that you are familiar with the project. However, we do understand the transition and the need to coordinate with Emma Bolin. My concern with the write up that you issued gives the impression that Fisheries found the location of a discharge for a pelton to be somehow less desirable than 200' upstream. I know Mr. Forbes because we took over the project from him when he was struggling to keep it moving forward. He is as subtle as a truck and what he hoped to accomplish was to install a pelton turbine and its associated outflow where we are now requesting our outflow without obtaining the necessary permits. In essence bootlegging a new turbine and its discharge with out any appropriate applications or permits. Their objection was procedural and not based on habitat. What we are accomplishing with the change in configuration is to reduce the discharge by roughly 50% with the use of a pelton and eliminating four turbines. It would be helpful to us if that dialogue in your writeup were clarified. Thank you for all you assistance and patience with us. Dell From: Kevin Hitchcock <KHitchcock@co.jefferson.wa.us> Sent: Friday, July 27, 2018 10:41 AM To: herrwayne@yahoo.com; Dell Keehn <dek12@isomedia.com> Cc: Emma Bolin <EBolin@co.jefferson.wa.us> Subject: Rocky Brook permitting process outline Hi Dell & Wayne, Attached is the outline of the permitting process for the Rocky Brook proposal and the necessary applications to submit. Some of the applications (JARPA & SEPA Checklist) can be found online as well. There are web links embedded in the JARPA and SEPA forms that will take you to websites with help documents, I didn't download and attach help documents because they were large files. You will need a Habitat Management Plan and No Net Loss Report as well as a Geotechnical Report or waiver. I've also attached information about those reports and the waiver form. FYI, I have accepted a new position in another Jefferson County department and my last day here at DCD is next Wednesday, August V. If you need further assistance after the 1St you can contact the Planning Supervisor, Emma Bolin, at ebolin@co.liefferson.wa.us or (360) 379-4484. You should have received 10 attachments, all pdf's. Let me know if they did not come through, I can also try sending them in a zip file or multiple emails. If that doesn't work we can send hard copies in the mail. Thanks, Kevin Kevin Hitchcock Assistant Planner Jefferson County Department of Community Development 621 Sheridan St., Port Townsend, WA 93868 (360) 379-4462 / khitchcock@co.iefferson.wa.us All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act, a state law found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy (or for inspection) of this e-mail unless it is also exempt from production to the requester according to state law, including RCW 42.56 and other state laws. From: Kevin Hitchcock Sent: Friday, July 20, 2018 5:09 PM To:'herrwayne@yahoo.com' <Iierrwayne yahoo.com> Subject: RE: Rocky brook plans Hi Wayne, I have your outline for the permits complete but I need to have it approved by my supervisor before I send it out. As we discussed the site plan needs some more information. You don't need to send me another site plan at this point, when you apply for your permit you'll need a site plan that shows the following: ■ Exact dimensions of the proposed discharge channel, not a range of dimensions Horizontal view of the discharge that shows the top of the bank, the depth of the discharge, and the distance from the bottom of the discharge to the Ordinary High Water Mark (OHWM) of Rocky Brook. If your engineer is unfamiliar with that term you can find out some information here: https:/I.ecologv.wa.gov/Water- Shorel i nes/Shorel i ne-coasta kma nage me nt/Shorel i ne-coa sta I-pla nn i ndSho reline -Ma nagement-Act- SMA/Shoreline-Management-Act-iurisdiction/Ordinary-high-water-mark . You will be required to submit a Habitat Management Plan and No Net Loss Report prepared by a biologist. Your biologist will need to determine OHWM as part of the report, you could wait until that is complete and incorporate the OHWM into the engineered drawings. • Estimated cubic feet per second for the maximum flows anticipated to be coming out of the discharge channel should be provided on the site plan or in a separate document ■ Map must be to scale. Identify the scale on the map • You'll also need an overview map showing the lot lines for the entire property with site topography and the location of the project, construction access (the existing road), construction materials and equipment storage location Emma Bolin From: Emma Bolin Sent: Friday, August 10, 2018 4:27 PM To: 'Dell Keehn' Cc: Ichris.waldbillig@dfw.wa.gov' Subject: RE: Rocky Brook permitting process outline Hi Dell, Kevin printed out your email and placed it in the pre -application file to serve as a clarification for when you submit the project application. I'm also cc'ing the Fish and Wildlife contact, Chris Waldbillig, so that he is aware, rru._Orl Planning Supervisor Jefferson County Department of Community Development 621 Sheridan Street Port Townsend, WA 98368 Phone 360-379-4484 Fax 360-379-4451 ebolin@co.jefferson.wa.us All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act, a state law found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy (or for inspection) of this e-mail unless it is also exempt from production to the requester according to state law, including RCW 42.56 and other state laws. From: Dell Keehn <dek12@isomedia.com> Sent: Friday, August 10, 2018 4:14 PM To:'Kevin Hitchcock' <KHitchcock@co.jefferson.wa.us>; herrwayne@yahoo.com; Emma Bolin <EBolin@co.jefferson.wa.us> Cc: Keehn, Parker R. <Keehn@carneylaw.com> Subject: RE: Rocky Brook permitting process outline Good Afternoon Emma, I sent a letter to Kevin with a copy to you, regarding the overview that Kevin provided which was a summary of the site visit by Jefferson County and the appropriate agencies involved with our application. I am currently out of the country and do not have the exact date of my correspondence to you but it was shortly after this email. His summary gives the impression that there was an objection to the proposed location of our outflow by Fisheries in the original permitting process. I corresponded with Kevin and copied you to request that the site visit analysis or overview correspondence be revised. The reason for that is that any objection to the proposed location, at the time, was a result of Mr. Forbes attempting to install a new turbine with a different outflow without a permit. That outflow would have been in the location we are endeavoring to permit. The situation at the time It is very clear in the Fisheries correspondence. There was no habitat concern raised. The site visit analysis, as it is currently portrayed, is very prejudicial and gives the erroneous impression that a movement of the outflow by 200 ' was somehow found objectionable at the time without the further dialogue that the objection was that there was no corresponding permit applied for or issued. We are formally asking for a revision of the letter to either exclude the erroneous reference to Fisheries comments or clarify in that document that there objection was procedural and not based on any environmental or habitat reference. Thank you for your time. I would appreciate an acknowledgement of this letter. Regards, Dell E. Keehn From: Kevin Hitchcock <KHitchcock@co.iefferson.wa.us> Sent: Friday, July 27, 2018 10:41 AM To: herr_w_ayne@yahoo.com; Dell Keehn <cIekl2@isomedia.com> Cc: Emma Bolin <EBolin@co.iefferson.wa.us> Subject: Rocky Brook permitting process outline Hi Dell & Wayne, Attached is the outline of the permitting process for the Rocky Brook proposal and the necessary applications to submit. Some of the applications (DARPA & SEPA Checklist) can be found online as well. There are web links embedded in the JARPA and SEPA forms that will take you to websites with help documents, I didn't download and attach help documents because they were large files. You will need a Habitat Management Plan and No Net Loss Report as well as a Geotechnical Report or waiver. I've also attached information about those reports and the waiver form. FYI, I have accepted a new position in another Jefferson County department and my last day here at DCD is next Wednesday, August 1St. If you need further assistance after the 1St you can contact the Planning Supervisor, Emma Bolin, at ebolin@co.iefferson.wa.us or (360) 379-4484. You should have received 10 attachments, all pdf's. Let me know if they did not come through, I can also try sending them in a zip file or multiple emails. If that doesn't work we can send hard copies in the mail. Thanks, Kevin Kevin Hitchcock Assistant Planner Jefferson County Department of Community Development 621 Sheridan St., Port Townsend, WA 93868 (360) 379-4462 / khitchcock@co.jefferson.wa.us All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act, a state law found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy (or for inspection) of this e-mail unless it is also exempt from production to the requester according to state law, including RCW 42.56 and other state laws. From: Kevin Hitchcock Sent: Friday, July 20, 2018 5:09 PM To: 'herrwayne@yahoo.com'<Iierrwayne(c-�yahoo.com> Subject: RE: Rocky brook plans Hi Wayne, The site plans will be included as part of the public notice of application so they should be legible and easy to understand. I'll get the permit process outline out to you guys early next week. As I said above you'll need a Habitat Management Plan/No Net Loss Report prepared by a biologist. You'll need to submit that with the application. You will be applying for a Shoreline Substantial Development Permit which will require a 30 -day public notice for comments. If you want to get a head start on finding a biologist for the report I've attached a list of biologists that have completed reports for Jefferson County in the past and some information regarding the required content of the report. I'll also be including this information when I send the final permit process outline next week. Thanks, Kevin Kevin Hitchcock Assistant Planner Jefferson County Department of Community Development 621 Sheridan St., Port Townsend, WA 93868 (360) 379-4462 / khitchcock@co.iefferson,wa.us All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act, a state law found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy (or for inspection) of this e-mail unless it is also exempt from production to the requester according to state law, including RCW 42.56 and other state laws. From: Wayne Herr [mailto:herrwayne@vahoo.com] Sent: Friday, July 20, 201811:32 AM To: Kevin Hitchcock <KHitchcock@co.iefferson.wa.us> Subject: RE: Rocky brook plans Hello Kevin, Thank you Wayne ent from Yahoo Mail on Android On Fri, Jul 20, 2018 at 11:30 AM, Kevin Hitchcock <KHitch cock ar co.jefferson.wa.us> wrote: Hi Wayne, I did get the narrative. I will get something to you guys today. I just met with my supervisor about it this morning. Thanks, Kevin Kevin Hitchcock Assistant Planner Jefferson County Department of Community Development 621 Sheridan St., Port Townsend, WA 93868 (360) 379-4462 / kIiitchcock@coJeffersoti.wa.us All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act, a state law found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy (or for inspection) of this e-mail unless it is also exempt from production to the requester according to state law, including RCW 42.56 and other state laws. From: Wayne Herr [mailto:herrwayne@yahoo.coin] Sent: Friday, July 20, 2018 11:24 AM To: Kevin Hitchcock <KHitchcock(�co�etTerson.wa.us> Subject: Rocky brook plans Hello Kevin, Just wondering if you had a chance to write that up so I can forward it to the guy that does our drawings. Also did you receive the narrative that Dell wrote up? Thanks, Wayne Herr Rocky brook hydroelectric 360-302-0658 Sent from Yahoo Mail on Android On Mon, Jul 16, 2018 at 11:09 AM, Wayne Herr <herrwayne @yahoo.com> wrote: Thanks Kevin, I will just come to the at 10 because I will print off a copy of the plans to go over in person. Wayne Herr Sent from Yahoo Mail on Android On Mon, Jul 16, 2018 at 11:06 AM, Kevin Hitchcock <KHitchcoekC%co.ietfersoii.wa.tiis> wrote: Hi Wayne, I can meet with you any time after 10:00 tomorrow. You can give me a call if you think we can discuss over the phone, save yourself the trip up here. Up to you. Thanks, Kevin Kevin Hitchcock Assistant Planner Jefferson County Department of Community Development 621 Sheridan St., Port Townsend, WA 93868 (360) 379-4462 / khitchoock0co jefFerson.wa.us 5 All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act, a state law found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy (or for inspection) of this e-mail unless it is also exempt from production to the requester according to state law, including RCW 42.56 and other state laws. From: Wayne Herr [mailto:herrwayne@yahoo.com] Sent: Saturday, July 14, 2018 7:00 AM To: Kevin Hitchcock <Kl-litchcockOco jefferson.wa.us> Subject: Rocky brook plans Hello Kevin, I was wondering if you had a few minutes next week on Monday or Tuesday and I can come into the office and go over the drawings with you. After speaking with Dave our guy that made them for us I believe we were reading them incorrectly. I would gladly stop in and kinda explain them the way he did with me. Give me a call and we can set something up, Wayne Herr Rocky brook hydroelectric 360-302-0658 Sent from Yahoo Mail on Android Emma Bolin From: Emma Bolin Sent: Monday, August 13, 2018 9:07 AM To: 'Dell Keehn' Cc: chris.waldbillig@dfw.wa.gov; Keehn, Parker R.; herrwayne@yahoo.com; CC; Austin Watkins Subject: RE: Rocky Brook permitting process outline Attachments: PRE18-00017 Rocky Brook Hydroelectric 08132018 edit.pdf Dear Dell, As you know, a pre -application conference is not a permit and the Assurances Unavailable provision at the end of the outline states: It is impossible for the conference to be an exhaustive review of all potential issues. The discussions at the conference or the information provided by the administrator shall not bind or prohibit the county's future application or enforcement of all applicable laws and regulations. No statements or assurances made by county representatives shall in any way relieve the applicant of his or her duty to submit an application consistent with all relevant requirements of county, state and federal codes, laws, regulations and land use plans. After discussing your email with the planning manager, Austin Watkins, who attended the pre -application conference, the statement in the outline regarding the historical permitting context is correct. I attached a corrected outline that provides citations for the letters and strikeout of a statement regarding the potential mitigation of reduced discharge. My understanding is that there is pending data, plans, and information showing water flow and fish protection as requested by WDFW. The county will not be able to spend any additional time on this pre -application outline. DCD will review the project for compliance with Jefferson County Code at the time of application. Respectfully, Lff 101 �11 0 bore] Planning Supervisor Jefferson County Department of Community Development 621 Sheridan Street Port Townsend, WA 98368 Phone 360-379-4484 Fax 360-379-4451 ebolinCco jefferson.wa.us All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act, a state law found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy (or for inspection) of this e-mail unless it is also exempt from production to the requester according to state law, including RCW 42.56 and other state laws. From: Dell Keehn <dek12@isomedia.com> Sent: Friday, August 10, 2018 10:33 PM To: Emma Bolin <EBolin@co.jefferson.wa.us> Cc: chris.waldbillig@dfw.wa.gov; Keehn, Parker R. <Keehn@carneylaw.com>; herrwayne@yahoo.com; CC <cc@WeatherlyCompanies.com> Subject: RE: Rocky Brook permitting process outline Good Evening Emma, I appreciate your note. However, as it stands you have merely placed my comments into the file but the analysis submitted by the county is the prevailing document and the one that people will use to validate their assumptions. It is misleading and inaccurate. I realize it is less work to merely place my comments in a file which is essentially a dust bin but is not what I am requesting. I would like a revision of the overview to correct what is an erroneous assertion. We are left in a precarious position without that retraction and redrafting. I would prefer not to have this escalated because this is precisely what we have sought to avoid. I look forward to receiving you revision. I am sorry for the extra work it may require but it is the only ethical thing you can do to rectify what is a misleading and inaccurate statement. I trust this will not require any further action on our part. What we are asking is to move an outflow 200' for a facility that produces green energy and has been in operation for almost 35 tears. If this were not to be rectified this would be emblematic of the type of bureaucratic intransigence that merits coverage by the Wall Street Journal and the local papers. We are a green energy producer and have been a part of this community for almost 35 years. We deserve to be treated fairly in this and the permitting process. We are, after all, seeking to keep a green resource and local jobs and a movement of 200' is a non event and a spirit of cooperation is what one would expect. Regards, Dell From: Emma Bolin <EBo_lin@coJefferson.wa.us> Sent: Friday, August 10, 2018 4:27 PM To: Dell Keehn <dek12@isomedia.com> Cc: chris.waldbillie@dfw.wa.l?ov Subject: RE: Rocky Brook permitting process outline Hi Dell, Kevin printed out your email and placed it in the pre -application file to serve as a clarification for when you submit the project application. I'm also cc'ing the Fish and Wildlife contact, Chris Waldbillig, so that he is aware. Emma Bolin Planning Supervisor Jefferson County Department of Community Development 621 Sheridan Street Port Townsend, WA 98368 Phone 360-379-4484 Fax 360-379-4451 elholin(i?)co jcfferson.w,i.us All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act, a state law found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy (or for inspection) of this e-mail unless it is also exempt from production to the requester according to state law, including RCW 42.56 and other state laws. From: Dell Keehn <dek12@isomedia.com> Sent: Friday, August 10, 2018 4:14 PM To:'Kevin Hitchcock'<KHitchcock@co.jefferson.wa.us>; herrwayne@yahoo.com; Emma Bolin <EBolin co.iefferson wa.us> Cc: Keehn, Parker R. <Keehn@carneV1aw.com> Subject: RE: Rocky Brook permitting process outline Good Afternoon Emma, I sent a letter to Kevin with a copy to you, regarding the overview that Kevin provided which was a summary of the site visit by Jefferson County and the appropriate agencies involved with our application. I am currently out of the country and do not have the exact date of my correspondence to you but it was shortly after this email. His summary gives the impression that there was an objection to the proposed location of our outflow by Fisheries in the original permitting process. I corresponded with Kevin and copied you to request that the site visit analysis or overview correspondence be revised. The reason for that is that any objection to the proposed location, at the time, was a result of Mr. Forbes attempting to install a new turbine with a different outflow without a permit. That outflow would have been in the location we are endeavoring to permit. The situation at the time It is very clear in the Fisheries correspondence. There was no habitat concern raised. The site visit analysis, as it is currently portrayed, is very prejudicial and gives the erroneous impression that a movement of the outflow by 200' was somehow found objectionable at the time without the further dialogue that the objection was that there was no corresponding permit applied for or issued. We are formally asking for a revision of the letter to either exclude the erroneous reference to Fisheries comments or clarify in that document that there objection was procedural and not based on any environmental or habitat reference. Thank you for your time. I would appreciate an acknowledgement of this letter. Regards, Dell E. Keehn From: Kevin Hitchcock <KHitchcock@co.iefferson.wa.us> Sent: Friday, July 27, 2018 10:41 AM To: herrwayne@vahoo.com; Dell Keehn <dek12 isomedia.com> Cc: Emma Bolin <EBohm@_cfl.iefferson.wa.us> Subject: Rocky Brook permitting process outline Hi Dell & Wayne, Attached is the outline of the permitting process for the Rocky Brook proposal and the necessary applications to submit. Some of the applications (1ARPA & SEPA Checklist) can be found online as well. There are web links embedded in the JARPA and SEPA forms that will take you to websites with help documents, I didn't download and attach help documents because they were large files. You will need a Habitat Management Plan and No Net Loss Report as well as a Geotechnical Report or waiver. I've also attached information about those reports and the waiver form. FYI, I have accepted a new position in another Jefferson County department and my last day here at DCD is next Wednesday, August V. If you need further assistance after the 11T you can contact the Planning Supervisor, Emma Bolin, at ebolin@co.jefferson.wa.us or (360) 379-4484. You should have received 10 attachments, all pdf's. Let me know if they did not come through, I can also try sending them in a zip file or multiple emails. If that doesn't work we can send hard copies in the mail. Thanks, Kevin Kevin Hitchcock Assistant Planner Jefferson County Department of Community Development 621 Sheridan St., Port Townsend, WA 93868 (360) 379-4462 / khitchcock@co.iefferson.wa.us All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act, a state law found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy (or for inspection) of this e-mail unless it is also exempt from production to the requester according to state law, including RCW 42.56 and other state laws. From: Kevin Hitchcock Sent: Friday, July 20, 2018 5:09 PM To: 'herrwayne@yahoo.com' <herrwayne@yahoo.com> Subject: RE: Rocky brook plans Hi Wayne, I have your outline for the permits complete but I need to have it approved by my supervisor before I send it out. As we discussed the site plan needs some more information. You don't need to send me another site plan at this point, when you apply for your permit you'll need a site plan that shows the following: • Exact dimensions of the proposed discharge channel, not a range of dimensions Horizontal view of the discharge that shows the top of the bank, the depth of the discharge, and the distance from the bottom of the discharge to the Ordinary High Water Mark (OHWM) of Rocky Brook. If your engineer is unfamiliar with that term you can find out some information here: https://ecology.wa.gov/Water- Shore! i nes/Share I ine-c_oasta l -ma nageme ntlShoreli ne-coa sta I-planning/Shore line-Management-Act- SMAJShoreline-Management-Act-jurisdiction/Ordinary-high-water-mark . You will be required to submit a Habitat Management Plan and No Net Loss Report prepared by a biologist. Your biologist will need to determine OHWM as part of the report, you could wait until that is complete and incorporate the OHWM into the engineered drawings. • Estimated cubic feet per second for the maximum flows anticipated to be coming out of the discharge channel should be provided on the site plan or in a separate document • Map must be to scale. Identify the scale on the map ■ You'll also need an overview map showing the lot lines for the entire property with site topography and the location of the project, construction access (the existing road), construction materials and equipment storage location The site plans will be included as part of the public notice of application so they should be legible and easy to understand. I'll get the permit process outline out to you guys early next week. As I said above you'll need a Habitat Management Plan/No Net Loss Report prepared by a biologist. You'll need to submit that with the application. You will be applying for a Shoreline Substantial Development Permit which will require a 30 -day public notice for comments. If you want to get a head start on finding a biologist for the report I've attached a list of biologists that have completed reports for Jefferson County in the past and some information regarding the required content of the report. I'll also be including this information when I send the final permit process outline next week. 4 Thanks, Kevin Kevin Hitchcock Assistant Planner Jefferson County Department of Community Development 621 Sheridan St., Port Townsend, WA 93868 (360) 379-4462 / khitchcock@co.jefferson.wa.us All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act, a state law found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy (or for inspection) of this e-mail unless it is also exempt from production to the requester according to state law, including RCW 42.56 and other state laws. From: Wayne Herr fmailto:herrwayne@yahoo.com) Sent: Friday, July 20, 2018 11:32 AM To: Kevin Hitchcock <KHitchcock@co.iefferson.wa.us> Subject: RE: Rocky brook plans Hello Kevin, Thank you Wayne Sent from Yahoo Mail on Android On Fri, Jul 20, 2018 at 11:30 AM, Kevin Hitchcock <KHitchcock(aD-co.jefferson.wa.us> wrote: Hi Wayne, I did get the narrative. I will get something to you guys today. I just met with my supervisor about it this morning. Thanks, Kevin Kevin Hitchcock Assistant Planner 5 Jefferson County Department of Community Development 621 Sheridan St., Port Townsend, WA 93868 (360) 379-4462 / khitchcock@co.iefferson.wa.us. All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act, a state law found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy (or for inspection) of this e-mail unless it is also exempt from production to the requester according to state law, including RCW 42.56 and other state laws. From: Wayne Herr [mai Ito: herrwayne rr yahoo.com] Sent: Friday, July 20, 2018 11:24 AM To: Kevin HitchcockcKHitchcoock@co.,iefferson.wa.us> Subject: Rocky brook plans Hello Kevin, Just wondering if you had a chance to write that up so I can forward it to the guy that does our drawings. Also did you receive the narrative that Dell wrote up? Thanks, Wayne Herr Rocky brook hydroelectric 360-302-0658 Sent from Yahoo Mail on Android On Mon, Jul 16, 2018 at 11:09 AM, Wayne Herr <Iicrrwa ne ahoo.corn> wrote: Thanks Kevin, I will just come to the at 10 because I will print off a copy of the plans to go over in person. Wayne Herr Sent froth Yahoo Mail on Android On Mon, Jul 16, 2018 at 11:06 AM, Kevin Hitchcock <KHitchcock@co jefferson.wa.us> wrote: Hi Wayne, I can meet with you any time after 10:00 tomorrow. You can give me a call if you think we can discuss over the phone, save yourself the trip up here. Up to you. Thanks, Kevin Kevin Hitchcock Assistant Planner Jefferson County Department of Community Development 621 Sheridan St., Port Townsend, WA 93868 (360) 379-4462 / khitchcock&o jefferson.wa.us All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act, a state law found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy (or for inspection) of this e-mail unless it is also exempt from production to the requester according to state law, including RCW 42.56 and other state laws. From: Wayne Herr [mailto:herrwayne@yahoo_com] Sent: Saturday, July 14, 2018 7:00 AM To: Kevin Hitchcock <KHitcheock r�7i co jefferson.wa.us> Subject: Rocky brook plans Hello Kevin, I was wondering if you had a few minutes next week on Monday or Tuesday and I can come into the office and go over the drawings with you. After speaking with Dave our guy that made them for us I believe we were reading them incorrectly. I would gladly stop in and kinda explain them the way he did with me. Give me a call and we can set something up, Wayne Herr Rocky brook hydroelectric 360-302-0658 Sent from Yahoo Mail on Android David W. Johnson From: Michael Dawson Sent: Thursday, March 28, 2019 5:38 PM To: David W. Johnson Cc: Anna Bachmann Subject: Rocky Brook fecal coliform Attachments: Rocky Brook location data.xlsx; Rocky Brook fecal coliform.xlsx Attached is the data from our Rocky Brook monitoring site at Dosewallips Rd. We have had elevated fecal coliform there (400 cfu last July), although so far the levels have passed state standards for bacteria (at least when considered over the whole year of monitoring). The state standard is < 50 cfu average with no more than 10% above 100 cfu. If we consider just the dry season May through September, it failed state standards. We have concerns about human sanitation at the site because it is the only suspected source of the elevated fecal coliform. With the high amount of public use of the parking area and short trail to the waterfall and lack of any facilities, it is likely that there are more water quality impacts than we have documented with the small amount of monitoring that we have done to date. So far Rocky Brook has only been monitored monthly for half a year in 2012 and then for a whole year in 2017-18. Michael Dawson Water Quality Manager Jefferson County Public Health 615 Sheridan Street Port Townsend WA 98368 (360) 385-9444 ext 301 (360) 531-2862 cell mdawson 0 co. iefferson.wa. us www.ieffersoncountyp-ublichealth.or www.ieffersoncountypublichealth.org/704/Water-Qual ikv CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. PUBLIC RECORDS ACT NOTICE: All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act, a state law found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy (or for inspection) of this e-mail unless it is exempt from disclosure under state law, including RCW 42.56. Study_ID Location -ID Study_Spec Field_Coll Field_ Collector Field -Collection_ Field -Collection -Start Time WQC-201 HC/ROC/0.2 ROC/0.2 Sample HealthLocal 11/21/2017 12:14 WQC-201 HC/ROC/0.2 ROC/0.2 Sample HealthLocal 12/20/2017 12:16 WQC-201 HC/ROC/0.2 ROC/0.2 Sample HealthLocal 1/17/2018 12:43 WQC-201 HC/ROC/0.2 ROC/0.2 Sample HealthLocal 2/23/2018 12:12 WQC-201 HC/ROC/0.2 ROC/0.2 Sample HealthLocal 3/21/2018 13:00 WQC-201 HC/ROC/0.2 ROC/0.2 Sample HealthLocal 4/18/2018 13:28 WQC-201 HC/ROC/0.2 ROC/0.2 Sample HealthLocal 5/23/2018 13:04 WQC-201 HC/ROC/0.2 ROC/0.2 Sample HealthLocal 5/23/2018 12:57 WQC-201 HC/ROC/0.2 ROC/0.2 Sample HealthLocal 6/27/2018 13:38 WQC-201 HC/ROC/0.2 ROC/0.2 Sample HealthLocal 7/24/2018 13:36 WQC-201 HC/ROC/0.2 ROC/0.2 Sample HealthLocal 8/30/2018 13:24 WQC-201 HC/ROC/0.2 ROC/0.2 Sample HealthLocal 9/27/2018 13:46 WQC-201 HC/ROC/0.2 ROC/0.2 Sample HealthLocal 10/30/2018 10:15 G110018 ROC/0.2 ROC/0.2 Sample ConsDistrict 4/17/2012 11:43 G1 1001 8E ROC/0.2 ROC/0.2 Sample ConsDistrict 5/8/2012 11:39 G1 1001 8E ROC/0.2 ROC/0.2 Sample ConsDistrict 6/5/2012 11:40 G110018 ROC/0.2 ROC/0.2 Sample ConsDistrict 6/5/2012 11:46 G110018 ROC/0.2 ROC/0.2 Sample ConsDistrict 7/24/2012 11:46 G110018 ROC/0.2 ROC/0.2 Sample ConsDistrict 8/14/2012 11:49 G110018 ROC/0.2 ROC/0.2 ISample IConsDistrict 9/11/2012 11:20 AF N Y O O 9 N O O Al C-0 CD M c o Iz Z 4 v of o � M C) w I0 W O a (D IZ o Ill 00 v 9 CD a) CD r 0 z 0 David W. Johnson From: Szvetecz, Annie (ECY) <ASZV461@ECY.WA.GOV> Sent: Thursday, April 04, 2019 4:28 PM To: David W. Johnson Subject: Re: SEPA Mitigation Hello David, I'm assuming that the facility is privately owned? If so, then I believe that the shoreline permit decision would be better informed by an analysis of the ongoing recreation impacts because the SEPA review includes the proposed changes as part of the overall facility - and any additional impacts of the new proposal would need to be considered in conjunction with ongoing impacts of the current facility. However, the need for additional mitigation for impacts associated with public access may not entirely fall on the proponent. I hope that helps clarify a bit. Thank you, Annie Szvetecz SEPA Policy Lead Washington Department of Ecology annie. szvetecz@ecy. wa. gov From: David W. Johnson <djohnson@co.jefferson.wa.us> Sent: Thursday, March 28, 2019 2:09:03 PM To: Szvetecz, Annie (ECY) Cc: David W. Johnson Subject: SEPA Mitigation Annie, I have a unusual situation with a project. Originally permitted in 1985 with a SEPA DNS for a Hydroelectric facility on a small creek. They are requesting a shoreline permit to upgrade the turbines and move the water outfall further downstream. We believe there will not be any significant impacts of mitigation required to do this. However, one of the conditions of the original County Shoreline permit was to allow free and unencumbered public access to the site to enjoy the creek falls. Over the years, the site has become very popular and there have been definite impacts such are parking along the road, trash, sanitation, etc. as a result. Would we have to consider those impacts from public access under the current SEPA review, even though they are not a result of the proposed action? Give me a call if you'd like to discuss. Thanks! David Wayne Johnson - LEED AP - Neighborhood Development Associate Planner - Port Ludlow Lead Planner Department of Community Development Jefferson County 360.379.4465 Mission; To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. ASAVE PAPER - Please do not print this e-mail unless absolutely necessary All e-mail may be considered subject to the Public Records Act and as such may be disclosed to a third -party requester. 1W4[-rson County Ne" rim"t of Community DewloP+�nS JS UARE""NE wiv Su+l4+ng stwis "I"*, kits*Nr,i41 XFOR144AvaSSW I NoI*A&" I +2Ma*4wff "as David W. Johnson From: Sent: To: Cc: Subject: Good Afternoon David, Dell Keehn <dek12@isomedia.com> Thursday, April 04, 2019 1:52 PM David W. Johnson herrwayne@yahoo.com RE: Rocky Brook Hydro Pubilc Hearing We spent a good deal of time with our engineers who have not yet determined exactly what turbines we can install at the facility. They have hedged on a representation that the turbine will use up to 50% less water despite what they had told us initially. They told us that they cannot represent any exact number. They feel that we may use less water and can represent that there will be no surges as there would be with four turbines coming on at various times. That creates a significant disruption in flows. It is surges that are more significant. They have said any new turbines would be far more efficient but they will not stake their engineering license on any firm percentage in the reduction in the flow of water used until the turbines are installed . Is it possible, in light of the fact that we have not yet purchased a new turbine, that we can say that the flows will be significantly less turbulent and that there will be a more efficient utilization of the water. We are in a bit of a bind because this is essentially news to us. We want to be forthright and can discuss this at the hearing if your wording can be revised. My apologies for the variation. Best, Dell From: David W. Johnson [mailto:djohnson@co.jefferson.wa.us] Sent: Thursday, April 4, 2019 10:54 AM To: Dell Keehn Cc: David W. Johnson Subject: RE: Rocky Brook Hydro Pubilc Hearing Attached is the Staff Report, SEPA DNS and Notice of Public Hearing. The Hearing Examiner will ask you if you've read the Staff Report and agree to the conditions of approval. I've ask Wayne to post the notice on-site since I will be out of town next week. Make sure he signs, notarizes and returns the Affidavit of Posting (also attached) to me for the record. Thanks! From: Dell Keehn <dek12@isomedia.com> Sent: Monday, March 11, 2019 9:54 AM To: David W. Johnson <djohnson@co.jefferson.wa.us>; herrwayne@yahoo.com; 'Laura Westervelt' <lauraw@eco- land.com> Subject: RE: Rocky Brook Hydro Pubilc Hearing Good Morning David, That will work for me. When do you think you will finish the report and, given your schedule, when do you think the county will post the notice? Thanks, Dell From: David W. Johnson <tljnhnsonLIDco.iefferson.wa.us> Sent: Monday, March 11, 2019 9:27 AM To: Dell Keehn <dek12 isornedia.con»; herrwavne@yahoo.com; 'Laura Westervelt' <lauraw@eco-land.com> Cc: David W. Johnson <dahnson coJefferson.wa.us> Subject: Rocky Brook Hydro Pubilc Hearing Dell, Sorry, but I'm not able to finish the draft staff report in time for notice of the public hearing. Therefore we will have to re -schedule. The next available date is April 23rd. Does that date work for you? Thanks! David Wayne Johnson - LEED AP - Neighborhood Development Associate Planner - Port Ludlow Lead Planner Department of Community Development Jefferson County 360.379.4465 Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. ASAVE PAPER - Please do not print this e-mail unless absolutely necessary All e-mail maybe considered subject to the Public Records Act and as such maybe disclosed too third -party regoestor. l ers<�r� Ccu=,ty C3ep4rtMtn' at Camrrl ..na ,y tSr. �x-rs x,15 UA R E AE ora W.iM.� a� 1wa yrwr�4 rw et�xs 1 � arsta5tl � wlMswtrwr�w.s w